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45 of 1860); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f). 95. Power to declare certain publications forfeited and to issue search -warrants for the same .(1) Where (a) any newspaper, or book, or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or sectio n 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspape r containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any 61 police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub -inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be. (2) In this section and in section 96 , (a) newspaper and book have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867); (b) document includes any painting, drawing or photograph, or other visible representation. (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provision s of section 96. 96. Application to High Court to set aside declaration of forfeiture .(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub -section (1) of section 95. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of thr ee Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representation s contained in such newspaper, in respect of which the declaration of forfeiture was made. (4) The High Court shall, if it is not satisfied that th e issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub -section ( 1) of section 95, set aside the declaration of forfeiture. (5) Where there is a differen ce of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges. 97. Search for persons wrongfully confined .If any District Magistrate, Sub -divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search -warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. 98. Power to compel restoration of abducted females .Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub -divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary. C.General provisions relating to searches 99. Direction, etc., of search -warrants .The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search -warrants issued under section 93, section 94, section 95 or section 9 7. 100. Persons in charge of closed place to allow search .(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person execu ting the warrant, and on production of the warrant, allow him 62 free ingress thereto, and afford all reasonable fa cilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may pro ceed in the manner provided by sub -section (2) of section 47. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the lo cality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such w itnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub -section ( 3), a list of all things taken po ssession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing deliv ered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 101. Disposal of things found in search beyond jurisdiction .When, in the execution of a search -warrant at any place b eyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before t he Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary , such Magistrate shall make an order authorising them to be taken to such Court. D.Miscellaneous 102. Power of police officer to seize certain property .(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. (2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. 1[(3) Every police officer acting under sub -section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently 1. Ins. by Act 45 of 1978, s. 10 (w.e.f. 18 -12-1978). 63 transported to the Court, 1[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation ,] he may give custody thereof to any person on his executing a bond undert aking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same: ] 2[Provided that where the property seized under sub -section ( 1) is subject to speedy and natural dec ay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions o f sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.] 103. Magistrate may direct search in his presence .Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search -warrant. 104. Power to impound document, etc., produced .Any Court may, if it thinks fit, impound any document or thing produced before it under this Code. 105. Reciprocal arrangements regarding processes .(1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring h im to attend and produce a document or other thing, or to produce it, or (d) a search -warrant, 3[issued by it shall be served or executed at any place, (i) within the local jurisdiction of a Court in any State or area in India outside the said territories , it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall a pply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country or place outside India in respect of which arrangements have been made by the Central Government wit h the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, direct ed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf.] (2) Where a Court in the said territories has received for service or execution (a) a summons to a n accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or (d) a search -warrant, 2[issued by (I) a Court in any State or area i n India outside the said territories; 1. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23 -6-2006) . 2. Added by s. 13 , ibid., (w.e.f. 23 -6-2006). 3. Subs. by Act 32 o f 1988, s. 2, for certain words (w.e.f. 25 -5-1988). 64 (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed] as if it were a summons or warrant received by it from another Court in the said territories for service or ex ecution within its local jurisdiction; and where (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81, (ii) a search -warrant has been exe cuted, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101: 1[Provided that in a case where a summons or search -warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search -warrant through such authority as the Central Government may, by notification, specify in this behalf.] 2[CHAPTER VIIA RECIPROCAL ARRA NGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 105A. Definitions .In this Chapter, unless the context otherwise requires, (a) contracting State means any country or place outside India in respect of w hich arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (b) identifying includes establishment of a proof that the property was derived from, or used in, the commission of an offence; (c) proceeds of crime means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property; (d) property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes propert y obtained through proceeds of crime; (e) tracing means determining the nature, source, disposition, movement, title or ownership of property. 105B. Assistance in securing transfer of persons .(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate thro ugh such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or M agistrate, as the case may be, shall cause the

may, by notification, specify in this behalf and that Court, Judge or M agistrate, as the case may be, shall cause the same to be executed. (2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in c onnection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Governme nt may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a docum ent or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it 1. Ins. by Act 32 o f 1988 , s. 2, (w.e.f. 25 -5-1988). 2. Ins. by Act 40 of 1993, s. 2 (w.e.f. 20 -7-1994). 65 is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub -section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person tra nsferred to India pursuant to sub -section (1) or sub -section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be ke pt in such custody subject to such conditions as the Central Government may direct in writing. 105C. Assistance in relation to orders of attachment or forfeiture of property .(1) Where a Court in India has reasonable grounds to believe that any property ob tained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 105J (both inclusive). (2) Where the Court has made an order for attachment or forfeiture of any property under sub -section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the co ntracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any other law for the time being in force. 105D. Identifying unlawfully acquired property .(1) The Court shall, under sub -section (1), or on receipt of a letter of request under sub -section (3) of section 10 5C, direct any police officer not below the rank of Sub -Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub -section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub -section (2) shall be carried out by an officer mentioned in sub -section (1) in accordance with such directions issued by the said Court in this behalf. 105E. Seizure or attachment of property .(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any proper ty in relation to which such inquiry or investigation is being conducted is likely to be concealed transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not pr acticable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub -section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made. 105F. Management of properties seized or forfeited un der this Chapter .(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Ad ministrator appointed under sub -section (1) shall receive and manage the property in relation to which the order has been made under sub -section (1) of section 105E or under section 105H in 66 such manner and subject to such conditions as may be specified by the Central Government. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. 105G. Notice of forfeiture of property .(1) If as a result of the in quiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a p eriod of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. (2) Where a notice under sub -section (1) to any person specifies any property as being held on behalf of su ch person by any other person, a copy of the notice shall also be served upon such other person. 105H. Forfeiture of property in certain cases .(1) The Court may, after considering the explanation, if any, to the show -cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show -cause notice, the Court may proceed to record a finding under this sub -section ex parte on the basis of evidence available be fore it. (2) Where the Court is satisfied that some of the properties referred to in the show -cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properti es which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub -section (1). (3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand fo rfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the articles of association of the company, forthwith register the Central Government as the transferee of such shares. 105-I. Fine in lieu of forfeiture .(1) Where the Court makes a declaration that any property stands forfeited to the Central Governm ent under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub -section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub -section (1), within such tim e as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105H and thereupon such property shall stand released. 105J. Certain transfers to be null and void. Where after the making of an order under sub - section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the 67 said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored an d if such property is subsequently forfeited to the Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void. 105K. Procedure in respect of letter of request. Every letter of request, summons or warrant , received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. 105L. Application of this Chapter. The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.] CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVI OUR 106. Security for keeping the peace on conviction .(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub -section (2) or of abetting any such offence and is of opinion that it i s necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub -section (1) are (a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the con viction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. 107. Security for keeping the peace in other c ases.(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranqu illity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties,] for keeping the peace for suc h period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdicti on or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. 108. Security for good behaviour from persons disseminating s editious matters .(1) When 2[an Executive 1. Ins. by Act 45 of 1978, s. 1 1 (w.e.f. 18-12-1978). 2. Subs. by Act 63 of 1980, s. 2, for a Judicial Magistrate of the first class (w.e.f. 23 -9-1980). 68 Magistrate] receives information that there is within his local jurisdiction any person who, within or without such jurisdiction, (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of, (a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or (b) any matter concerning a Judg e acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets t o hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as th e Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf. 109. Security for good behaviour from

of the State Government or some officer empowered by the State Government in this behalf. 109. Security for good behaviour from suspected persons. When 2[an Executive Magistrate] receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceedi ng one year, as the Magistrate thinks fit. 110. Security for good behaviour from habitual offenders. When 2[an Executive Magistrate] receives information that there is within his local jurisdiction a person who (a) is by habit a robber, house -breaker, t hief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to com mit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or (f) habitually commits, or attempts to commit, or abets the commission of (i) any offence under one or more of the follo wing Acts, namely: (a) the Drugs and Cosmetics Act, 1940 (23 of 1940); 69 1[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);] (c) the Employees Provident Fund 2[and Family Pension Fund] Act, 1952 (19 of 1952); (d) the Prevention of Food Adultera tion Act, 1954 (37 of 1954); (e) the Essential Commodities Act, 1955 (10 of 1955); (f) the Untouchability (Offences) Act, 1955 (22 of 1955); (g) the Cu stoms Act, 1962 (52 of 1962); 3*** 4[(h) the Foreigners Act, 1946 (31 of 1946) ; or] (ii) any offence puni shable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or (g) is so desperate and dangerous to render his being at large without security hazardous to the community, such M agistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit. 111. Order to be made. When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information re ceived, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required. 112. Procedure in respect of person present in Court. If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. 113. Summons or warrant in case of person not so present. If such person is not present in Court, the Magistrate shall issue a su mmons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arr est of such person, the Magistrate may at any time issue a warrant for his arrest. 114. Copy of order to accompany summons or warrant. Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. 115. Power to dispense with personal attendance. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. 116. Inquiry as to truth of information. (1) When an ord er under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistr ate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. 1. Subs. by Act 56 of 1974, s. 3 and the Second Sch., for item ( b) (w.e.f. 10 -1-1975). 2. Ins. by s. 3 and the Second Sch., ibid. (w.e.f. 10 -1-1975). 3. The word or omitted by Act 25 of 2005, s. 14 (w.e.f. 23 -6-2006). 4. Ins. by s. 14, ibid. (w.e.f. 23 -6-2006). 70 (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribe d for conducting trial and recording evidence in summons -cases. (3) After the commencement, and before the completion, of the inquiry under sub -section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breac h of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond , with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that (a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provisio n of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desp erate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be d ealt within the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings u nder this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceed ing against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub -section (6) permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse. 117. Order to give security. If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly: Provided that (a) no person shall be ordered t o give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111; (b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties. 118. Discharge of person informed against. If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. 119. Commencement of period for which security is required. (1) If any person, in respect of whom an order requiring security is made under secti on 106 or section 117, is at the time such order is made, sentenced to, or 71 undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commen ce on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. 120. Contents of bond. The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the lat ter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond. 121. Power to reject sureties. (1) A Magistrate may refuse to accept any surety offered, or m ay reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond: Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistr ate deputed under sub -section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reason s for so doing: Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought b efore him. 122. Imprisonment in default of security. (1) (a) If any person ordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order re quiring it. (b) If any person after having executed a 1[bond , with or without sureties] without sureties for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor -in-office, to have committed breach of the bond, such Magistrate or successor -in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall b e without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. (3) Such Court, after exa mining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: Provid ed that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (4) If security has been required in the course of the same proceeding from two or more persons in respect 1. Subs. by Act 25 of 2005, s. 15, for bond without sureties (w.e.f. 23 -6-2006). 72 of any one of whom the proceedings are referred to the Sessions Judge under sub -section (2) such reference shall also include the case of any other of such persons who has been order to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. (5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub -

he was ordered to give security. (5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub -section (2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings. (6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistra te. (7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs. 123. Power to release persons imprisoned for failing to give security .(1) Whenever 1[the District Magistrate in the case of an order p assed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, 2[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub -section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person wa s ordered to give security has expired. (4) The State Government may prescribe the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of 2[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of d ischarge has been cancelled under sub -section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the 3[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case]. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be deta ined (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), 1[District Magistrate, i n the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may remand such person to prison to undergo such unexpired portion. 1. Subs. by Act 45 of 1978, s. 12, for the Chief Judicial Magistrate (w.e.f. 18 -12-1978). 2. Subs. by s. 12, ibid., for Chief Judicial Magistrate (w.e.f. 18 -12-1978). 3. Subs. by Act 45 of 1978 , s. 12, for Chief Judicial Magistrate (w.e.f. 18 -12-1978). 73 (8) A person remanded to prison under sub -section (7) shall , subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor . (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and 1[District Magistrate, in the c ase of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons o r warrant, as it thinks fit, requiring the person for whom such surety is bond appear or to be brought before it. 124. Security for unexpired period of bond .(1) When a person for whose appearance a summons or warrant has been issued under the proviso to s ub-section (3) of section 121 or under sub -section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired porti on of the term of such bond, fresh security of the same description as the original security. (2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order made under section 106 or section 117, as the case m ay be. CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 125. Order for maintenance of wives, children and parents .(1) If any person having sufficient means neglects or refuses to maintain (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abno rmality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance o f his wife or such child, father or mother, at such monthly rate 1*** as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: 2[Provided further that the Magistrate may, dur ing the pendency of the proceeding regarding monthly allowance for the maintenance under this sub -section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proce eding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the 1. Certain words omitted by Act 5 0 of 2001, s. 2 (w.e.f. 24 -9-2001). 2. Ins. by s. 2, ibid. (w.e.f. 24 -9-2001). 74 service of notice of the application to such person.] Explanation. For the purposes of this Chapter, (a) minor means a person who, under the provisions of t he Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 1[(2) Any such allowance for the maintenance or i nterim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.] (3) If any person so orde red fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any par t of each months 2[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation .If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes refusal to live with him. (4) No wife shall be entitled t o receive an 3[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her hu sband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent , the Magistrate shall cancel the order. STATE AMENDMENT S Madhya Pradesh Amendment of Section 125 . In sub -section ( 1) of section 125 of the Principal Act, for the words five hundred rupees the words three thousand ru pees shall be substituted [Vide Madhya Pradesh Act, 10 of 1998, s. 3.] Madhya Pradesh Amendment of Section 125 . In section 125 of the principal Act, (i) for the marginal heading, the following marginal heading shall be substituted, namely : 1. Subs. by Act 50 of 2001, s. 2, for sub -section (2) (w.e.f. 24 -9-2001). 2. Subs. by s. 2, ibid., for allowance (w.e.f. 24 -9-2001) 3. Subs. by s. 2, ibid., for allowance (w.e.f. 24 -9-2001). 75 Order for m aintenance of wives, children, parents and grand parents. (ii) In sub -section ( 1), (a) after clause ( d), the following clause shall be inserted , namely: (e) his grand father, grand mother unable to maintain himself or her self. ; (b) In the existing para, for the words a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate not exceeding three thousand rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct , the words a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a mont hly allowance for the maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct shall be substit uted; (c) After the existing first proviso, the following proviso shall be inserted, namely: Provided further that the relatives in clause ( e) shall only be entitled to monthly allowance for maintenance if their sons daughters are not alive and they are unable to maintain themselves. [Vide Madhya Pradesh Act 15 of 2004, s. 3.] West Bengal In Sub -section ( 1) of section 125 of the Principal Act, (1) for the words five hundred rupees, the words one thousand and five hundred rupees shall be substituted ; (2) after the existing proviso, the following proviso shall be inserted: Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred to in clause ( a) or the minor child referred to in clause ( b) or the child (not being a married daughter) referred to in clause ( c) or the father or the mother referred to in clause ( d) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on th e application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusi on of the proceeding, the expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the Magistrate co be reasonable .. [Vide West Bengal Act, 25 of 1992, s. 4 ] West Bengal In sub-section ( 1) of section 125 of the principal Act, as amended by the Code of Criminal Procedure (West Bengal Amendment) Act, 1992, the words not exceeding one thousand and five hundred rupees the proviso shall be omitted. [Vide West Bengal Act 33 of 2 001, s. 3] 76 Maharashtra Amendment of section 125 of Act 2 of 1974 .In Section 125 of the Code of Criminal Procedure, 1973, in its

2 of 1974 .In Section 125 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra (hereinafter referred to as the said Code), - (a) in sub -section (1), - (i) for the words not exceeding five hundred rupees the words not exceeding fifteen hundred rupees shall be substituted; (ii) before the existing proviso, the following proviso shall be inserted, namely: - Provided that, the Magistrate, on an application or submi ssion being made, supported by an affidavit by the person who has applied for the maintenance under this sub -section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person ag ainst whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application: Provided further that, such order for payment of interim mainten ance may, in an appropriate case, also be made by the Magistrate ex-parte , pending service of notice of the application subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter: Provided also that, subject to the ceiling laid down under this sub -section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent. of the monthly income of the respondent: (iii) in the existing provis o, for the words Provided that the words Provided also that shall be substituted; (b) after sub -section (2), the following sub -section shall be inserted, namely: - (2A) Notwithstanding anything otherwise contained in sub -sections (1) and (2), where an application is made by the wife under clause (a) of sub -section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of monthly maintenance allowance, and the Magistrate may, after taking into con sideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowa nce in lumpsum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.; (c) in sub -section (3), (i) after the words so ordered the words, brackets, figures and letter either under sub -section (1) or sub -section (2A), as the case may be, shall be inserted; (ii) after the words each months allowance the words or, as the case may be, the lump -sum allowanc e to be paid in lieu of the monthly allowance shall be inserted. [Vide Maharashtra Act 21 of 1999, s. 2] 77 Uttar Pradesh In section 125 of the Code of Criminal Procedure, 1973, hereinafter referred to as the principal Act (a) in sub -section (1), for the words five hundred only the words five thousand only shall be substituted . (b) after sub-section (5), the following sub -section shall be inserted, namely : (6) Where in a proceeding under this section it appears to the Magistrate that the person clai ming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the Magistrate may, in his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, d uring the pendency of the proceeding such monthly allowance not exceeding five thousand rupees and such expenses of the proceeding as the Magistrate consider reasonable and such order shall be enforceable as an order of maintenance. [Vide Uttar Pradesh Ac t 36 of 2000, s. 2] Uttar Pradesh In section 125 of the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh hereinafter referred to as the principal Act in sub -section (6) the words not exceeding five thousand rupees shall be omitted . [Vide Uttar Pradesh Act 15 of 2011, s. 2] 126. Procedure. (1) Proceedings under section 125 may be taken against any person in any district (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispe nsed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons -cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenanc e is proposed to be made is wilfull y avoiding service, or wil fully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date there of subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. STATE AMENDMENT Andhra Pradesh and Telangana Amendment of section 126 -In the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) in section 126, in sub -section (1), for clause (b), the following shall be substituted, namely: - (b) where he or his wife resides, or where his parents or children resides, or; [Vide Andhra Pradesh Act 18 of 2007, s. 2] 127. Alteration in allowance .1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly a llowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration , as he thinks fit, in the allowance for the maintenance or the interim mainte nance, as the case may be.] (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any 1. Subs. by Act 50 of 2001 , s. 3, for sub -section (1) (w.e.f. 24 -9-2001). 78 order made under section 125 should be can celled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate sh all, if he is satisfied that (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order, (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 1[maintenance or interim maintenance, as the case may be,] after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a 2[monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person 3[as monthly allowance for the maintenance and interim m aintenance or any of them, as the case may be, in pursuance of ] the said order. STATE AMENDMENT S Madhya Pradesh Amendment of section 127.In sub -section ( 1) of section 127 of the principal Act, for the words father or mother , the words father, mother, grand father, grand mother shall be substituted. [Vide Madhya Pradesh Act 15 of 2004, s. 4] West Bengal In the proviso to sub -section ( 1) of section 127 of the principal Act, for the words five hundred rupees, the words one thousand and five hundred rupees shall be substituted. [Vide West Bengal Act 14 of 1995, s. 3] West Bengal In Sub -section ( 1) of section 127 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 33 of 2001, s. 4] Maharashtra Amendment of section 127 of Act (2 of 1974). In section 127 of the said Code, - (a) in sub -section (1), in the proviso, for the words five hundred rupees the words fifteen hundred rupees shall be substitute; (b) in sub -section (4), - (i) for the words monthly allowance, where they oc cur for the first time, the words maintenance allowance shall be substituted; (ii) after the words monthly allowance, where they occur for the second time, the words or, as the case may be, the lump -sum allowance shall be inserted. [Vide Maharashtra Act 21 of 1999, s. 3] 1. Subs. by Act 50 of 2001, s. 3 , for maintenance (w.e.f. 24 -9-2001). 2. Subs. by Act 50 of 2001, s. 3, for monthly allowance has been ordered (w.e.f. 24 -9-2001). 4. Subs. by s. 3, ibid., for monthly allowance in pursuance of (w.e.f. 24 -9-2001) . 79 Uttar Pradesh In section 127 of the principal Act, sub -section (1), in the proviso for the words five hundred rupees the words five thousand rupees shall be substituted. [Vide Uttar Pradesh Act 36 of 2000, s. 3] 128. Enforcement o f order of maintenance. A copy of the order of 1[maintenance or interim maintenance and expenses of proceeding s, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding , as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non -payment of the 3[allowance, or as the case may be, expenses, due]. STATE AMENDMENT Andhra Pradesh and Telangana Amendment of section 128 .In section 128 of the principa l Act, the expression where the person against whom it is made, may be, shall be omitted. [Vide Andhra Pradesh Act 18 of 2007, s. 3] CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.Unlawful assemblies 129. Dispersal of assembly by use of civi l force .(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub -inspector, may command any unlawful assembly, or any assembly of five or more perso ns likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so com manded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub -section (1), may proceed to disperse such assembly by force, and may require the assistance of any male pe rson, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be pun ished according to law. 130. Use of armed forces to disperse assembly .(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arres t and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey s uch requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 1. Subs. by Act 50 of 2001, s. 4, for maintenance (w.e.f. 24 -9-2001). 2. Subs. by s. 4, ibid., for whom the allowance (w.e.f. 24 -9-2001). 3. Subs. by s. 4, ibid., for allowance due (w.e.f. 24 -9-2001). 80 131. Power of certain armed force officers to disperse assembly .When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or

public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly wit h the help of the armed forces under his command, and may arrest and confine any person s forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practic able for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. 132. Protection against prosecution for acts done under pre ceding sections .(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except (a) with the sanction of the Central Government where such person is an officer or member of the armed forces; (b) with the sanction of the State Government in any other case. (2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith; (b) no person doing any act in good faith in com pliance with a requisition under section 129 or section 130; (c) no officer of the armed forces acting under section 131 in good faith; (d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence. (3) In this section and in the preceding sections of this Chapter, (a) the expression armed forces means the military, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating; (b) officer , in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non - commissioned officer and a n on-gazetted officer; (c) member , in relation to the armed forces, means a person in the armed forces other than an officer. B.Public nuisances 133. Conditional order for removal of nuisance .(1) Whenever a District Magistrate or a Sub -divisional Magistr ate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers (a) that any unlawful obs truction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building , or, the disposal of any substance, as is likely to occasion 81 configuration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excav ation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional orde r requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or own ing or possessing such animal or tree, within a time to be fixed in the order (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remov e such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or (iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building , tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before h imself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this sect ion shall be called in question in any Civil Court. Explanation .A public place includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. 134. Service or notification of order .(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons. (2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Govern ment may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for conveying the information to such person. 135. Person to whom order is addressed to obey or show cause .The person against whom such order is made shall (a) perform, within the time and in the manner specified in the order, the act directed thereby; or (b) appear in accordance with such order and show cause against the same. 136. Consequences of his failing to do so .If such person does not perfo rm such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), and the order shall be made absolute. 82 137. Procedure where existence of public right is denied .(1) Whe re an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was ma de, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter. (2) If in such inquiry the M agistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall pr oceed as laid down in section 138. (3) A person who has, on being questioned by the Magistrate under sub -section ( 1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce re liable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. 138. Procedure where he appears to show cause .(1) If the person against whom an order under section 133 is made appears and shows cause again st the order, the Magistrate shall take evidence in the matter as in a summons -case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. 139. Power of Magistrate to direct local investigation and examinatio n of an expert. The Magistrate may, for the purposes of an inquiry under section 137 or section 138 (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. 140. Power of Magistrate to furnish writt en instructions, etc .(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole o r any part of the necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case. (3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom t he costs of such summoning and examination shall be paid. 141. Procedure on order being made absolute and consequences of disobedience .(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by secti on 188 of the Indian Penal Code (45 of 1860). (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property remo ved by his order, or by the distress and sale of any other movable property of such person within or without such Magistrates local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section. 142. Injunction pending inquiry .(1) If a Magistrate making an order un der section 133 considers that 83 immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. 143. Magistrate may prohibit repetition or continuance of public nuisance .A District Magistrate or Sub-divisional Magistrate, or any other Executive Magi strate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law. C.Urgent cases of nuisan ce or apprehended danger 144. Power to issue order in urgent cases of nuisance or apprehended danger .(1) In cases where, in the opinion of a District Magistrate, a Sub -divisional Magistrate or any other Executive Magistrate specially empowered by the Sta te Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner prov ided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to pre vent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government consid ers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved , rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor -in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter an y order made by it under the proviso to sub -section (4). (7) Where an application under sub -section (5) or sub -section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appea ring before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case m ay be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doi ng. 1[144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.(1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice 1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix) 84 or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any publi c place. (2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. (3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on

(3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made. (4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, di rect that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magist rate would have, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub -section ( 4) to the District Magistrate. Explanation .The word arms shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).] D.Disputes as to immovable property 145. Procedure where dispute concerning land or water is li kely to cause breach of peace . (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in w ritten statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression land or water includes buildings, markets, fisheries, crops or other produce of land, a nd the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by bei ng affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub -section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was rece ived by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub -section (1). (5) Nothing in this section sh all preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be st ayed, but, subject to such cancellation, the order of the Magistrate under sub -section (1) shall be final. (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub - section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the prov iso to sub -section (4), may restore to possession the party forcibly and wrongfully dispossessed. (b) The order made under this sub -section shall be served and published in the manner laid down in sub -section (3). (7) When any party to any such proceeding dies, the Magistrate may cause the legal 85 representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this sec tion pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale -proceeds th ereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Noth ing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 107. STATE AMENDMENT Maharashtra Amendment of section 145 of Act 2 of 1974 .-In section 145 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as the said Code), - (a) in sub -section (1) for the words Whenever an Executive Magistrate he words Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, a n Executive Magistrate shall be substituted; (b) for sub -section (10), the following sub -section shall be substituted, namely: - (10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under section 107. In the case of a Metropolitan Magistrate taking action under this section, if at any state of the proceeding , he is of the opinion that the dispute calls for an action under section 107, he shall, aft er recording his reasons, forward the necessary information to the executive Magistrate having jurisdiction, to enable him to proceed under that section.. [Vide Maharashtra Act 1 of 1978, s. 2] 146. Power to attach subject of dispute and to appoint recei ver.(1) If the Magistrate at any time after making the order under sub -section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he i s unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the p ossession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, sub ject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Cour t, the Magistrate (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incide ntal or consequential orders as may be just. 86 147. Dispute concerning right of use of land or water .(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied a nd requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective claims. Explanation .The expression land or water has the meaning given to it in sub -section (2) of section 145. (2) The Magistrate shall then persue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any , as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry. (3) If it appears to such Magistrate that such rights exist, he may make an order pro hibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub -section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at par ticular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub -section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub -section (1), and when in any proceedings commenced under sub -section (1) the magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub -section (1) of section 145. STATE AMENDMENT Maharashtra Amendment of section 147 of Act 2 of 1974. In section 147 of the said Code, in sub -section (1), for the words Whenever an Executive Magistrate the words Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate sha ll be substituted. [Vide Maharashtra Act 1 of 1978, s. 3 ] 148. Local inquiry .(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub -divisional Magistrate may depute any Magistrat e subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case. (3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders fees, which the Court may consider reasonable. CHAPTER XI PREVEN TIVE ACTION OF THE POLICE 149. Police to prevent cognizable offences .Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. 150. Information of design to commit cognizable offences .Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. 151. Arrest to prevent the commission of cognizable offences .(1) A police officer knowing of a design to 87 commit any cognizable offence may arrest, without orders from a Magistrate and without a warran t, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub -section (1) shall be detained in custody for a period exceeding twenty -four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force. 152. Prevention of injury to public property .A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation. 153. Inspection of weights and measures .(1) Any officer in ch arge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe t hat there are in such place any weights, measures or instruments for weighing which are false. (2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of s uch seizure to a Magistrate having jurisdiction. CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases .(1) Every information relating to the commission of a cognizable offence, if given orally to an off icer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this b ehalf: 1[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C , section 354D, section 376, 2[section 376A, section 376 AB, section 376B, section 376C, section 376D , section 376DA, section

AB, section 376B, section 376C, section 376D , section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that (a) in the event that the person against whom an offence under section 354, se ction 354A, section 354B, section 354C, section 354D, section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D , section 376DA, section 376 DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residenc e of the person seeking to repor t such offence or a t a convenient place of such persons choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be video graphed; (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate unde r clause ( a) of sub -section ( 5A) of section 164 as soon as possible.] (2) A copy of the information as recorded under sub -section (1) shall be given forthwith, free of cost, to the informant. (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub -section (1) may send the substance of such information, in writing and by post, to the 1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3 -2-2013). 2. Subs. by Act 22 of 2018, s. 11, for section 376A, section 376B, section 376 C, section 376D (w.e.f. 21 -4-2018). 88 Superintendent of Police concerned who, if satisfied that such information discloses the commi ssion of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence. STATE AMENDMENT Chhattisgarh In first proviso to sub -section (1) of section 154 of the Code of Criminal Procedure (here -in-after referred to as the Code) for the words and figure or section 509 the word s, figures, letters and punctuations , section 509, section 509A or section 509B shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 7] Arunachal Pradesh Amendment of section 154 .In the first proviso to sub -section (1) of section 154 of the prin cipal Act, for the words, figures and letters section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian P enal Code the words, figures and letters section 326A, section 326B section 354, section 354A, section 354B, section 354C, section 354D section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or sect ion 509 of the Indian Penal Code shall be substituted. In the sub -proviso (a) of the second proviso to sub -section (1) of section 154 of the principal Act, for the words, figures and letters section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code the words, figures and letters section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A , section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 13] 155. Information as to non -cognizable cases and investigati on of such cases .(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non -cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. (2) No police officer shall investigate a non -cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizabl e case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non -cognizable. 156. Police officers power to investigate cognizab le case .(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try u nder the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistr ate empowered under section 190 may order such an investigation as above -mentioned. 89 STATE AMENDMENT Maharashtra Amendment of section 156. In section 156 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra ( Hereinafter referred to as the said Code ), after sub -section (3), the following provisos shall be added, namely: Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined und er any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of t he Code of Criminal Procedure , 1973 (2 of 1974) or under any law for the time being in force: Provided further that, the sanctioning authority shall take a decision within a pe riod of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning aut hority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority. . [Vide Maharashtra Act 33 of 2016, s. 2] 157. Procedure for investigation .(1) If, from in formation received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to t ake cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: Provided that (a) when information as to the commission of any such offence is given against any person by na me and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of a police station that ther e is no sufficient ground for entering on an investigation, he shall not investigate the case. 1[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the p lace of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.] (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub -section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that sub - section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated. 158. Report how submitted .(1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the po lice station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. 159. Power to hold investigation or preliminary inquiry .Such Magistrate, on receiving such report, may direct 1. Ins. by Act 5 of 2009, s.11 (w.e.f. 31 -12-2009). 90 an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code. 160. Police officers power to requ ire attendance of witnesses .(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the informati on given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person 1[under the age of fifteen years or above the age of sixty -five years or a woman or a me ntally or physically disabled person ] shall be required to attend at any place other than the place in which such male person or woman resides. (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub -section (1) at any place other than his residence. 161. Examination of witnesses by police .(1) Any police officer making an investigation under this Chapter, or any police officer not below such ra nk as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. 2[Provided that statement made under this sub -section may also be recorded by audio -video electronic means: ] 3[Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 4[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB ], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.] STATE AMENDMENT Chhattisgarh The second proviso to sub -section ( 3) of section 161 of the Code, shall be substituted with the following proviso, namely: Provided further that statement of the woman against whom an offence under section 354 , section 354A , section 354B , section 354C , section 354D , section 354E, section 376 , section 376A , section 376B , section 376C , sectio n 376D , section 376E , section 509 , section 509A or section 509B of the Indian Penal Code, is alleged to have been committed or attempted , shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio -video means, as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the wom an. [Vide Chhattisgarh Act 25 of 2015, s. 8 ] 1. Subs. by Act 13 of 2013, s. 14, for under the age of fifteen years or woman (w.e.f. 3 -2-2013). 2. Ins. by Act 5 of 2009, s. 12 (w.e.f. 31 -12-2009). 3. Ins. by Ac t 13 of 20

e.f. 31 -12-2009). 3. Ins. by Ac t 13 of 2013, s. 15 (w.e.f. 3 -2-2013). 4. Subs. by Act 22 of 2018, s. 12, for section 376A section 376B, section 376C, section 376D (w.e.f. 2 1-4-2018). 91 Arunachal Pradesh Amendment of section 161 .In the second proviso to sub -section (3), of section 161 of the principal Act, for the words, figures and letters section 354, section 354A, section 354B, section 3 54C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code the words, figures and letters namely section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 14] 162. Statements to police not to be signed : Use of statements in evidence .(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record there of, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Prov ided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by th e prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re -examination of such witness, but for t he purpose only of explaining any matter referred to in his cross - examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act. Explanation .An omission to state a fact or circumstance in the statement referred to in sub -section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having reg ard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. 163. No inducement to be offered .(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872). (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub -section shall affect the provisions of sub -section (4) of section 164. 164. Recording of con fessions and statements .(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: 1[Provided that any confession or statement made under this sub -section may also be recorded by audio -video electronic means in the presence of the advo cate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.] (2) The Magistrate shall, before recordi ng any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person m aking it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. 1. Subs. by Act 5 of 2009 , s.13 (w.e.f. 31 -12-2009). 92 (4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate s hall make a memorandum at the foot of such record to the following effect: I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that thi s confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed ) A. B. Magistrate. (5) Any statement (other than a confession) made under sub -section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. 1[(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section ( 1) or sub -section ( 2) of section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub -section ( 5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is temporarily or permanently mentally or physica lly disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed . (b) A statement recorded under clause ( a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statem ent in lieu of examination -in-chief, as specified in section 137 of the Indian Evidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross -examined on such statement, without the need for recording the same at the time of trial.] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. STATE AMENDMENT Chhattisgarh In clause ( a) of sub -section (5A) of Section 164 of the Code, for the wor ds and figures or section 509 the punctuation, words and figures , section 376F, section 509, section 509A or section 509B shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 9] Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep After sub -section ( 1) of section 164, the following sub -section shall be inserted, namely: (1A) Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary a nd expedient so to do , that Government may, after consulting the High Court, specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub -section ( 1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial 1. Ins. by Act 13 of 2013, s. 16 (w.e.f. 13 -3-2013). 2. Subs. by Act 22 of 2018, s. 13, for section 376A , section 376B, section 376C, section 376D (w.e.f. 2 1-4-2018). 93 Magistrate shall be construed as references to the Executive Magistrate so empowered. ; [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] 1[164A. Medical examination of the victim of rape .(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty -four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely: (i) the name and address of the woman and of the person by whom sh e was brought; (ii) the age of the woman; (iii) the description of material taken from the person of the woman for DNA profiling; (iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material p articulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such e xamination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, without delay forward the report to the investigating officer who shall for ward it to the Magistrate referred to in section 173 as part of the documents referred to in clause ( a) of sub-section ( 5) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. Explanation .For the purposes of this section, examination and registered medical practitioner shall have the same meanings as in section 53.] STATE AMENDMENT Chhattisgarh In Sec tion 164A, except explanation clause, of the Code, for the words registered medical practitioner , where it occurs for the first time, the words female registered medical practitioner shall be substituted. [Vide Chhattisgarh Act 25 of 2015 s. 10.] 165. Search by police officer .(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation 1. Ins. by Act 25 of 2005, s. 17 (w.e.f. 23 -6-2006). 94 into any offence which he is autho rised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after record ing in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station. (2) A police officer p roceeding under sub -section (1), shall, if practicable, conduct the search in person. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; a nd such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Code as to search -warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under th is section. (5) Copies of any record made under sub -section (1) or sub -section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furn ished, free of cost, with a copy of the same by the Magistrate. 166. When officer in charge of police station may require another to issue search -warrant .(1) An officer in charge of a police station or a police officer not being below the rank of sub -inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, wi thin the limits of his own station. (2) Such

case in which the former officer might cause such search to be made, wi thin the limits of his own station. (2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made. (3) Whenever there is rea son to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub -section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be law ful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 165, as i f such place were within the limits of his own police station. (4) Any officer conducting a search under sub -section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situa te, and shall also send with such notice a copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub -sections (1) and (3) of sec tion 165. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub -section (4). 1[166A. Letter of request to competent authority for investigation in a count ry or place outside India . (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to fo rward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. (3) Every statement recorded or document or thing received under sub -section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter. 1. Ins. by Act 10 of 1990, s. 2 (w.e.f. 19 -12-1990). 95 166B. Letter of request from a country or place outside India to a Court o r an authority for investigation in India .(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of a ny document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit (i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistra te or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the do cument or thing to be produced ; or (ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India. (2) All the evidence taken or collected under sub -section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by th e Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.] 167. Procedure when investigation cannot be completed in twenty -four hours .(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty -four hours fixed by section 57, and there are grounds for believing that the accusation or information is well - founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub -inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy o f the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that 1[(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, be yond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding (i) ninety days, where the in vestigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety day s, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub -section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] 2[(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;] (c) no Magistrate of the second class, not special ly empowered in this behalf by the High Court, shall authorise detention in the custody of the police. 3[Explanation I.For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accuse d shall be detained in custody so long as he does not furnish bail.] 4[Explanation II.If any question arises whether an accused person was produced before the Magistrate as 1. Subs. by Act 45 of 197 8, s. 13, for paragraph (a) (w.e.f. 18 -12-1978). 2. Subs. by Act 5 of 2009, s. 14 , for cl. ( b) (w.e.f. 31 -12-2009) 3. Ins. by Act 45 of 1978, s. 13 (w.e.f. 18 -12-1978). 4. Subs. by Act 5 of 2009, s.14 , for Explanation II (w.e.f. 31 -12-2009). 96 required under clause ( b), the production of the accused person may be proved by h is signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.] 1[Provided further that in case of a woman under eightee n years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.] 2[(2A) Notwithstanding anything contained in sub -section (1) or sub -section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub -inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrat e have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail excep t where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the or ders made by an Executive Magistrate under this sub -section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub -section (2): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the in vestigation, as the case may be.] (3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a c opy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (5) If in any case triable by a Magistrate as a summons -case, the investigation is not concluded within a period of six months from the date on which the accused was arrest ed, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyon d the period of six months is necessary. (6) Where any order stopping further investigation into an offence has been made under sub -section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigat ion into the offence ought to be made, vacate the order made under sub -section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. STATE AMENDMENT S Gujarat In the proviso to sub-Section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, (i) for paragraph (a), the following paragraph shall be substituted, namely: (a) the Magistrate may authorise detention of the accused person , otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding (i) one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, 1. Ins. b y Act 5 of 2009, s.14 (w.e.f. 31 -12-2009). 2. Ins. by Act 45 of 1978, s.13 (w.e.f. 18 -12-1978). 97 (ii) sixty days, where the investigatio n relates to any offence; and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused person shall b e released on bail if he is pr epared to and does furnish bail; and every person released on bail un der this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter; (ii) in paragraph ( b), for the words no Magistrate shall the words no Magistrate shall, except for reason to be recorded in writi ng shall be substituted; (iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, the following Explanation shall be inserted, namely: Explanation I . For the avoidance of doubts, it is hereby declared that, n otwithstanding the expiry of the period specified in paragraph ( a), the accused person shall be detained in custody so long as he does not furnish bail. Amendment to apply to pending investigation .The provisions of section 167 of the Code of Criminal Procedure, 1973, as amended by this Act, shall apply to every in vestigation pending immediately before the commencement of this Act, if the period of detention of the accused person, otherwise than in the custody of the police , authorised under that section, h ad not, at such commencement, exceeded sixty days.] [Vide Gujarat Act 21 of 1976, s. 2 & 3 ] Gujarat In Section 167, in sub -section (2) : (1) in the proviso, for paragraph ( b), the following paragraph shall be substituted, namely: (b) no Magistrate sha ll authorise further detention in any custody under this section unless (i) where the accused is in the custody of police, he is produced in person before the Magistrate, and (ii) where the accused is otherwise than in the custody of the police, he is pro duced before the Magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the Magistrate. ; (2) in Explanation II , after the words whether an accused person was produced before the Magistrate , the words in person or, as the case may be, through the medium of electronic video linkage shall be inserted. [Vide Gujarat Act 31 of 2003, s. 2.] Chhattisgarh (1) In clause ( b) of Sub -Section (2) of Section 167 of the principal Act, for the word any the word police shall be substituted. (2) After clause ( b) of sub -section ( 2) of Section 167 of the Principal Act, the following new sub -clause (bb) shall be added, namely: (bb) No m agistrate shall authorise detention of the accused person other than in t he custody

all be added, namely: (bb) No m agistrate shall authorise detention of the accused person other than in t he custody of the police under this section unless the accused is produced before him either in person of through the medium of electronic video linkage and represented by his pleader in the Court. (3) In explanation II, after words was produced the wor d from police custody shall be added. (4) After explanation II, the following new explanation shall be added: - III. If any question arises whether an accused person was produced from otherwise than in the custody of the police in person or (as the case may be) through medium of electronic video linkage before the Magistrate as required under paragraph ( bb), the production of the accused person may be proved by his or his pleader s signature on the order authorising detention. [Vide Chhattisgarh Act 13 o f 2006, sec. 3] Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep In section 167 , (i) in sub -section ( 1) after the words nearest Judicial Magistrate the words or, if there is no Judicial Magistrate in an island, t o an Executive Magistrate functioning in that island shall be inserted ; (ii) after sub-section ( 1), the following sub -section shall be inserted, namely: (1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 to a Magistrate shall be construed as references to such Executive Magistrate; 98 (iii) to sub -section ( 3), the following proviso shall be added, namely: Provided that no Executive Magistrate other than the District Magistrate or Sub -divisional Magistrate, shall unless he is specially empowered in this behalf by the State Government , authorise d etention in the custody of the police. (iv) to sub -section ( 4), the following proviso shall be added, namely: Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate. [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] Maharashtra Amendment of section 167. In Section 167 of the Code of Criminal P rocedure, 1973, (2 of 1974) in its application to the State of Maharashtra , (a) in sub -section ( 2) in the proviso, for paragraph ( b), the followin g paragraph shall be substituted, namely: (b) no Magistrate shall authorise detention in any custody, of the accused person under this section unless, the accused person is produced before him in person, and for any extension of custody otherwise than the extension in the police custody, the accused person may be produced either in person or through the medium of electronic video linkage . ; (b) in Explanation II, for the words an accused person was produced , the words an accused person was produced in person or as the case may be, through the medium of electronic video linkage shall be substituted. [Vide Maharashtra Act 8 of 2005, s. 2] Madhya Pradesh Amendment of Section 167 .In sub -section ( 2) of section 167 of the principal Act, (i) in the provis o, for paragraph ( b), the following paragraph shall be substituted, namely: (b) no magistrate shall authorise detention in any custody under this section unless the accused is produced before him in person for the first time and subsequently every time till such time the accused remains in the custody of police, but the Magistrate may extend further detention in judicial custody on production of accused either in person or through the medium of electronic video linkage; ; (ii) for Explanation II, the f ollowing Explanation shall be substituted, namely: Explanation II.If any question arise whether an accused person was produced before the Magistrate as required under paragraph ( b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be. . [Vide Madhya Pradesh Act 2 of 2008, s. 3. ] West Bengal In section 167 of the principal Act, (a) In Section 167 of sub-section ( 5), the following sub -section shall be substituted : (5) If, in respect of (i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or (ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or (iii) any case other than those mentioned in clauses ( i) and ( ii), the investigation is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the a ccused unless the officer making the investigation satisfies the Magistrate 99 that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub -section is necessary. ; (b) in sub -section ( 6), after the words any order stopping further investigation into an offence has been made the words and the accused has been discharged shall be inserted. [Vide West Bengal Act 24 of 1988, s. 4.] West Bengal Amendment of section 167. - In the proviso to sub -section ( 2) of section 167 of the principal Act, for clause ( b), the following clause shall be substituted: (b) no Magistrate shall authorize detention under this section (i) in the police custody, unless the accused is produced before him in per son every time till the accused is in police custody; (ii) in the judicial custody, unless the accused is produced before him either in person or through the medium of electronic video linkage;. [Vide West Bengal Act 20 of 2004, s. 3.] Assam In Section 16 7 of the Code: (a) in sub -section ( i) the reference to Judicial Magistrate shall be construed as reference also to executive Magistrate; (b) in sub -section ( 2): (i) for the word Magistrate at the first two places where that word is preceded by the de finite article, the words Judicial Magistrate or the Executive Magistrate, as the case may be, shall be substituted; (ii) for the word Magistrate, at the place where that word is preceded by the indefinite article a, the words and brackets Magistrat e (whether Judicial or Executive) shall be substituted; (iii) paragraph (c) of the proviso shall be omitted; (c) Sub-section (2A) shall be omitted: (d) in sub -section ( 4), for the words to the Chief Judicial Magistrate, the words where such Magistrate is a Judicial Magistrate, to the Chief Judicial Magistrate and where such Magistrate is an Executive Magistrate to the Session Judge shall be substituted. [Vide Assam Act 3 of 1984, s. 3( 3) and the Schedule. ] Delhi In its application to the State of De lhi, in section 167, in sub -section ( 2): (i) for clause ( b), substitute the following clause, namely: (b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him either in person or through the medium of electronic video linkage: Provided that if the accused is in police custody, no Magistrate shall authorise his detention in any custody unless the accused is produced before him in person; (ii) for the Explanation II thereunder, substitute the following Explanation , namely : Explanation II .- If any question arises whether an accused person was produced in person or, as the case may be, through the medium of electronic video linkage before the magistrate as required under paragraph ( b), the prod uction of the accused person may be proved by his signature on the order authorising his detention or by video recording of the proceedings, as the case may be. . [Vide Delhi Act 4 of 2004, s. 2 (w.e.f. 16-8-2004).] Orissa Amendment of section 167 .In the proviso to sub -section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) ,- (i) for paragraph (b), the following paragraph shall be substituted, namely: (b) no Magistrate shall authorize detention of the accused in custody of the poli ce under this section unless the accused in produced before him in person for the first time and subsequently every time till the accused 100 remains in the custody of the police, but the Magistrate may extend further detention in Judicial custody on productio n of the accused either in person or through the medium of electronic video linkage;, and (ii) for Explanation II, the following Explanation shall be substituted, namely: Explanation II If any question arises whether an accused person was produced bef ore the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.. [Vide Orissa Act 16 of 2009, s. 2] Amendment of section 167 . In section 167 of the Code of Criminal Procedure, 1973, in paragraph (a) of the proviso to sub -section (2), (i) For the words under this par agraph the words under this section shall be substituted; and (ii) For the words ninety days wherever they occur, the words one hundred and twenty days shall be substituted. [Vide Orissa Act 11 of 1997, s. 2] Andhra Pradesh and Telangana Amendment of section 167, Central Act (2 of 1974) .-In the Code of Criminal Pro cedure, 1973, in section 167 in its application to the State of Andhra Pradesh, in sub -section (2), - (i) to clause (b), the following shall be added at the end, namely: - either in person or through the medium of electronic video linkage:; (ii) in the Explanation II thereunder, for the words an accused person was produced, the words an accused person was produced in person or as the case may be through the medium of electronic video lin kage shall be substituted. [Vide Andhra Pradesh Act 31 of 2001, s. 2] Manipur In section 167 of the Code, after sub -section (6), the following sub -section shall be added, namely: -- (7) A specified Executive Magistrate shall, to the exclusion of any other Magistrate, have power to authorise detention under this section of any person accused of any offences specified in clause (a) of subsection (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act, 1984 and as respects those offe nces, -- (i) the reference in the foregoing sub -sections to a Magistrate or Judicial Magistrate shall b construed as reference to a Specified Executive Magistrate; (ii) paragraph (c) of the proviso to sub -section (2) shall be deemed to have been omitted; (iii) sub -section (2A) shall be deemed to have been omitted; (iv) the words other than the Chief Judicial Magistrate in sub -section 4, shall be deemed to have been omitted and for the words to the Chief Judicial Magistrate in that sub -section, the words to the Sessions Judge shall be deemed to have been substituted.. [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule ] Meghalaya Amendment of Section 167 of the Code. In section 167 of the Code - (a) in sub -section (1) (i) for the words nearest Judici al Magistrate the words Deputy Commissioner or Assistant to the Deputy Commissioner shall be substituted. (ii) for the words such Magistrate occurring at the end, the word him shall be substituted. (b) in sub -section (2), for the word Magistrate o ccurring at the beginning, the words Deputy Commissioner and for the words such Magistrate occurring between the words as and thinks the word he shall substituted. (c) in the provisos (a), (b) and the explanation below proviso (c), to sub -section (2) for the word Magistrate wherever it occurs the words Deputy Commissioner or Assistant to the Deputy Commissioner shall substituted. (d) in the proviso (c) to sub -section (2), for the word Magistrate the words Assistant to the Deputy Commissioner shall be substituted. 101 (e) In sub -section (3), for the words A Magistrate the words Deputy Commissioner or Assistant to the Deputy Commissioner shall be substituted. (f) that for sub -section (4), the following shall be substituted, namely - (4) Any As sistant to the Deputy Commissioner making such order shall forward a copy of his order, with his reasons for making it, to the Deputy Commissioner. (g) in sub -section (5), for the words a Magistrate occurring at the beginning and Magistrate occurring elsewhere, the words an Assistant to the Deputy Commissioner and Assistant to the Deputy Commissioner respectively shall be substituted. (h) in sub -section (6) for the words Sessions Judge the words Deputy Commissioner shall be substituted. [Vide Meghalaya Act 4 of 1988, s. 4] Uttar Pradesh After section 167 of the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, the following section shall be inserted, namely : 167-A. For the avoidance of doubts, it is hereby decl ared that the provisions of section 167 shall, so far as may be apply also in relation to any person arrested by, or under any order or direction of, a magistrate, whether executive or judicial. [Vide Uttar Pradesh Act 1 8 of 197 7, s. 2] 168. Report of inv estigation by subordinate police officer .When any sub

197 7, s. 2] 168. Report of inv estigation by subordinate police officer .When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. 169. Release of accused when evide nce deficient .If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. 170. Cases to be sent to Magistrate, when evidence is sufficient .(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable a nd the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer in charge of a polic e station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall req uire the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case fo r inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. 171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint .No complainant or witness on his way to any Court shall be required to accompany a police officer, or 102 shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, th e officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 172. Diary of proceedings in investigation .(1) Every police o fficer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or pla ces visited by him, and a statement of the circumstances ascertained through his investigation. 1[(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary. (1B) The diary referred to in sub -section ( 1) shall be a volume and duly paginated. ] (2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memo ry, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply. 173. Report of police officer on completion of investigation .(1) Every investigation under this Chapter shall be completed without unnecessary delay. 2[(1A) The investigation in relation to 3[an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code sh all be completed within two months ] from the date on which the information was recorded by the officer in charge of the police station.] (2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed b y the State Government, stating (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the cir cumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has bee n forwarded in custody under section 170. 4[(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under 5[ sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB ] or section 376E of the In dian Penal Code (45 of 1860) ].] (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. 1. Ins. by Act 5 of 2009, s. 15 (w.e.f. 31 -12-2009). 2. Ins. by s. 16 , ibid., (w.e.f. 31 -12-2009). 3. Subs. by Act 22 of 2018, s. 14, for rape of a child may be completed within three months (w.e.f. 21-4-2018). 4. Ins. by Act 5 of 2009, s. 16 (w.e.f. 31 -12-2009). 5. Subs. by Act 2 2 of 2018, s. 1 4, for section 376, 376A, 376B, 376C, 387D (w.e.f. 21 -4-2018). 103 (3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of t he Magistrate, direct the officer in charge of the police station to make further investigation. (4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. (5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report (a) all documents or relevant extracts thereof on wh ich the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject -matter of the proceedings or that its disclosure to the accused is not essential in the interest s of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub -section (5). (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub -section (2) has bee n forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub -sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub -section (2). STATE AMENDMENT Arunachal Pradesh Amendment of section 17 3.In section 173 of the principal Act, in sub -section (2), in sub -clause (h) of clause (i), for the words, figures and letters or section 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code the words figures and letters section 376, 376A, 376A A, 376B, 376C, 376D, 376DA or section 376E of the Indian Penal Code Shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 16 ] 174. Police to enquire and report on suicide, etc. (1) When the officer in charge of a police station or some other pol ice officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a rea sonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, o r by any general or special order of the District or Sub -divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an inve stigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub -divisional Magistrate. 104 (3) 1[When (i) the case invo lves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any oth er reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold i nquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. 175. Power to summon persons .(1) A police officer proceeding un der section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such per sons shall not be required by the police officer to attend a Magistrate s Court. 176. Inquiry by Magistrate into cause of death .(1) 2[3*** when the case is of the nature referred to in clause ( i) or clause ( ii) of sub -section ( 3) of section 174 ], the near est Magistrate empowered to hold inquests shall, and in any other case mentioned in sub -section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. 4[(1A) Where, (a) any person dies or disappears, or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authoris ed by the Magistrat e or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within 1. Subs. by Act 46 of 1983, s. 3, for certain w ords (w.e.f. 25 -12-1983). 2. Subs. by, s. 4, ibid., for certain words (w.e.f. 25 -12-1983). 3. Certain words omitted by Act 25 of 2005, s. 18 (w.e.f. 23 -6-2006).

25 of 2005, s. 18 (w.e.f. 23 -6-2006). 4. Ins. by Act 25 of 2005, s. 18 (w.e.f. 23 -6-2006). 105 whose local jurisdiction the offence has been committed.] (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribe d according to the circumstances of the case. (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause th e body to be disinterred and examined. (4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at th e inquiry. 3[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub -section ( 1A) shall, within twenty -four hours of the death of a person, forw ard the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.] Explanation .In this section, the expression relative means parents, children, brothers, sisters and spouse. CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 177. Ordinary place of inquiry and trial .Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. 178. Place of inquiry or trial .(a) When it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction ove r any of such local areas. 179. Offence triable where act is done or consequence ensues .When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. 180. Place of trial where act is an offence by reason of relation to other offence .When an act is an offence by reason of its relation to any other act which is also an offe nce or which would be an offence if the doer were capable of committing an offence, the first -mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. 181. Place of trial in case of certain offences .(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was comm itted or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. 106 (3) Any off ence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offen ce was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. (5) Any offence which includes the possession of stolen property may be inqui red into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property. 182. Offences committed by l etters, etc .(1) Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letters or messages were sent or were rec eived; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. (2) Any offe nce punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marria ge 1[, or the wife by the first marriage has taken up permanent residence after the commission of the offence]. 183. Offence committed on journey or voyage .When an offence is committed whilst the person by or against whom, or the thing in respect of which , the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. 184. Place of trial for offences triable together .Where (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 219, section 220 or section 221, or (b) the offe nce or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 223, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. 185. Power to order cases to be tried in different sessions divisions .Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time being in force. 186. High C ourt to decide, in case of doubt, district where inquiry or trial shall take place .Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall b e decided (a) if the Courts are subordinate to the same High Court, by that High Court; (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were f irst commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction .(1) When a Magistrate of the first class sees reason to believe th at any person within his local jurisdiction has committed outside 1.Ins. by Act 45 of 1978, s. 15 (w.e.f. 18.12.1978). 107 such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 185 (both inclusive), or any other law for the time being in force, be in quired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner h ereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to giv e bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his appearance before the Magistrate having such jurisdiction. (2) When there are more Magistrates than one having such jurisdiction and the Ma gistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court. 188. Offence committed outside India. When an offence is committed outside India (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person, not being such citizen, on any ship or aircraft registered in I ndia, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquire d into or tried in India except with the previous sanction of the Central Government. 189. Receipt of evidence relating to offences committed outside India .When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a Judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. CHAPTER XI V CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 190. Cognizance of offences by Magistrates .(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf und er sub -section (2), may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his ow n knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. STATE AMENDME NTS Maharashtra Amendment of section 190.- In section 190 of the said Code, in sub -section ( 1), after clause (c), following provisos shall be added, namely: Provided that, no Magistrate shall take cognizance of any offence alleged to have been committed by any person who is or was a public servant as defined under any other law for the time being in force, while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the 108 Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force: Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanct ioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority. . [Vide Maharashtra Act 33 of 2016, s. 3.] Assam In Section 190 of the Code, in s ub-section ( 1), after the words any Magistrate of the first class the words any Executive Magistrate shall be inserted; [Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] Manipur In section 190 of the Code, after sub -section (2), the following sub -section shall be added, namely: -- (3) Any specified Executive Magistrate may, to the exclusion, of any other Magistrate take cognizance, under sub -section (1), of any offence specified in clause (a) of sub -section (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act 1984, and the reference in sub - section (1) of this section to a Magistrate of the first class shall, in relation to such offence, be construed as reference to a Specified Executive Magistrate.. [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 191. Transfer on application of the accused .When a Magistrate takes cognizance of an offence under clause (c) of sub -section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Ma gistrate as may be specified by the Chief Judicial Magistrate in this behalf. STATE AMENDMENT Assam In Section 191 of the Code, the reference to Chief Judicial Magistrate Shall, in relation to an offence taken cognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate. [Vide Assam Act 3 of 1984, s. 3( 3) and the Schedule.] Manipur In section 191 of the In Section 191 of the Code, the reference to Chief Judicial Magistrate Shall, in relation to an offence taken cogn izance of by an Specified Executive Magistrate, be construed as a reference to the District Magistrate. [Vide Manipur 3 of 1985, s. 4(2) and the Schedule] 192. Making over of cases to Magistrates .(1) Any Chief Judicial Magistrate may, after taking cogniza nce of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him . (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Mag

competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. 109 STATE AMENDMENT Assam In Section 192 of the Code: (i) in sub -section ( 1), after the word Any the words District Magistrate shall be inserted; (ii) sub -section ( 2) shall be substituted as follows: (2) Any Sub -divisional Magistrate or Magistrate of the first class empowered in this behalf by District Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for enquiry or trial to such other competent Magistrate as the District Magistrate or Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the enquiry or trail. [Vide Assam Act 3 of 1984, s. 3( 3) and the Schedule.] Manipur In section 192 of the Code, -- (i) in sub -section (1), after the word Any, the words District Magistrate or shall be inserted; (ii) for sub -section (2), the following sub -section shall be substituted namely: -- (2) Any sub -Divisional Magistrate who is a Specified Executive Magistrate or any Magistrate of the first class empowered in this behalf by the Distr ict Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for inquiry or trail to such other competent Magistrate as the District Magistrate or chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.. [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 193. Cognizance of offences by Courts of Session .Except as otherwise expressly provided by this Code or by an y other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code. 194. Additional and Assistant Sessions Judges to try cases made over to them .As Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direc t him to try. 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1) No Court shall take cognizance (a) (i) of any offence punishable under se ctions 172 to 188 (both inclusive) of the Indian Penal Code, (45 of 1860), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the publ ic servant concerned or of some other public servant to whom he is administratively subordinate ; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of 110 the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub -clause (i) or sub -clause (ii), 1[except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf , or of some other Court to which that Court is subordinate. ] (2) Where a complaint has been made by a public servant under clause (a) of sub -section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the C ourt, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. (3) In clause (b) of sub -section (1), the term Court means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section. (4) For the purposes of clause (b) of sub -section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jur isdiction within whose local jurisdiction such Civil Court is situate: Provided that (a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; (b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. 2[195A. Procedure for witnesses in case of threatening, etc .A witness or any other person may file a complaint in relation to an offence under section 195A of the Indian Penal Code (45 of 1860).] 196. Prosecution for offences against the State and for crim inal conspiracy to commit such offence. (1) No Court shall take cognizance of (a) any offence punishable under Chapter VI or under section 153A, 3[section 295A or sub -section ( 1) of section 505] of the Indian Penal Code (45 of 1860), or (b) a criminal con spiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government. 4[(1A) No Court shall take cognizance of (a) any offence punishable under section 153B or sub -section (2) or sub -section (3) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government o r of the State Government or of the District Magistrate.] (2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit 5[an offe nce] punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the cri minal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary. (3) The Central Government or the State Government may, before according sanction 6[under sub -section (1) or sub-section (1A) and the District Magist rate may, before according sanction under sub -section ( 1A)] and the State Government or the District Magistrate may, before giving consent under sub -section (2), order a preliminary investigation by a police officer not being below the rank of Inspector , in which case such police officer shall have 1. Subs. by Act 2 of 2006, s. 3 , for certain words (w.e.f. 16 -4-2006). 2. Ins. by Act 5 of 2009, s.17 (w.e.f. 31 -12-2009). 3. Subs. by Act 63 of 1980, s. 3, for section 153B, section 295A or section 505 (w.e.f. 23 -9-1980). 4. Ins. by s. 3 , ibid. (w.e.f. 23 -9-1980). 5. Subs. by Act 45 of 1978, s. 16, for a cognizable offence (w.e.f. 18 -12-1978). 6. Subs. by Act 63 of 1980, s. 3, for under sub -section ( 1) (w.e.f. 23 -9-1980). 111 the powers referred to in sub -section (3) of section 155. Manipur In section 196 of the Code, after sub -section (3), the following sub -section shall be added, namely :-- (4) No Specified Executive Magistrate shall take cognizance of any offence except with the previous sanction of the state Government or such other authority or officer as it may, by order published in the official Gazette, specify.. [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 197. Prosecution of Judges and public servants. (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction 1[save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014) ] (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the U nion, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: 2[Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Procl amation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression State Government occurring therein, the expression Central Government were substituted.] 3[Explanation .For the r emoval of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166A, section 166B, section 354, section 3 54A, section 354B, section 35 4C, section 354D, section 370, section 375, 4[section 376A, section 376AB, section 376C, section 376D , section 376DA , section 376DB ] or section 509 of the Indian Penal Code (45 of 1860) .] (2) No Court shall take cognizance of any offence alleged to have b een committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that th e provisions of sub -section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub -section will apply as if for the expression Central Government occurring therein, the expression State Government were substituted. 5[(3A) Notwithstanding anything contained in sub -section (3), no court shall take cognizance of any offence, alleged to have been c ommitted by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Consti tution was in force therein, except with the previous sanction of the Central Government. (3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for t he Central Government in such 1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16 -1-2014). 2. Added by Act 43 of 1991, s. 2 (w.e.f. 2 -5-1991). 3. Explanation ins. by Act 13 of 2013, s. 18 (w.e.f. 3 -2-2013). 4. Subs. by Act 22 of 2018, s. 15, for section 376A, section 376C, section 376D (w.e.f. 21 -4-2018). 5. Ins. by Act 43 of 1991, s. 2 (w.e.f. 2 -5-1991). 112 matter to accord sanction and for the court to take cognizance thereon.] (4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offence s for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court

s for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. STATE AMENDMENT Tripura. Insertion of a new Section 197(IA) .In the Code of Criminal Procedure, 1973, in section 197 after sub-section (I) the following sub -section shall be inserted, only for application in the State of Tripura, namely: (IA) When as per provision of any relevant law for the time being in force a public servant refe rred to in Sub -Section ( 1) (b) is directly appointed, transferred or posted by the State Government in any local or other authorities including a Government Company, Corporation or Public Sector Undertaking, he shall be deemed to be employed in connection with the affairs of the State and no Court shall take cognizance of any offence as referred to in Sub -Section (I) without previous sanction of the State Government. [Vide Tripura Act 6 of 2003, s. 2] Assam. In Section 197 of the Code. (a) in sub -section (1), for the words in the discharge of the words in or in connection with the discharge of shall be substituted; (b) in sub -section ( 2), for the words in the discharge of the words in or in connection with the discharge of shall be substituted; (c) after sub -section ( 4), the fallowing subsections shall be inserted, namely: (5) Notwithstanding anything contained in this Code, (a) where a complaint is made to a Court against a public servant belonging to any class or category specified under sub -section ( 3) alleging that he has committed an offence, the Court shall postpone the issue of process against the accused and make a reference to the State Government; or (b) where an accused, either by himself or through a pleader, claims before a Court tha t he belongs to any class or category specified under sub -section ( 3) and that the offence alleged to have been committed by him arose out of any action taken by him while acting or purporting to act in or in connection with the discharge of his official d uty, the Court shall forthwith stay further proceedings and make a reference to the State Government. (6) (i) Where a reference is received from a Court under sub -section ( 5), the State Government shall issue a certificate to the Court that the accused per son was or was not acting or purporting to act in, or in connection with the discharge of his official duty. (ii) If the State Government certifies that the accused was acting or purporting to act in or in connection with the discharge of his official duty , the Court shall dismiss the complaint or discharge the accused: Provided that the complainant may, within sixty days from the date of the issue of such certificate prefer an appeal to the High Court against the Certificate: Provided further that the High Court may entertain the appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period. 113 (iii) If the State Government certifies that the ac cused was not acting or purporting to act in or in connection with, the discharge of his official duty, the Court may proceed further with the complaint in accordance with the provisions of this Code. (7) The provisions of sub -sections ( 5) and ( 6) shall ap ply to all proceedings pending on the date of commencement of this Act in respect of which a Court had taken cognizance of an offence in accordance with the provisions of this Code. [Vide Assam Act 3 of 1984, s. 4] Arunachal Pradesh Amendment of section 19 7.In the Explanation to the section 197 of the principal Act, for the words, figures and letters section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376, section 376A, section 376C, section 376D or section 509 of the Indian Penal Code the words, figures and letters section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376, section 376A, section 376AA , section 376C, section 376D, section 376DA or section 509 of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 17] 198. Prosecution for offences against marriage. (1) No Court shall take cognizance of an offence punisha ble under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence: Provided that (a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf; (b) where such pers on is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person auth orised by the husband in accordance with the provisions of sub -section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under 1[section 494 or section 495] of the Indian Penal Code (45 of 1860) is the wife, co mplaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father s or mother s brother or sister 2[, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption]. (2) For t he purposes of sub -section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code: Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf. (3) When in any case falling under clause (a) of the proviso to sub -section (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard. (4) The authorisation referred to in clause (b) of the proviso to sub -sectio n (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Offic er, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a 1. Subs. by Act 45 of 1978, s. 1 7, for section 494 (w.e.f. 18 -12-1978). 2. Ins. by s. 17, ibid. (w.e.f. 18 -12-1978). 114 complaint in person cannot for the time being be granted to the husband. (5) Any document purporting to be such an authoris ation and complying with the provisions of sub -section (4), and any document purporting to be a certificate required by that sub -section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. (6) No Court shall t ake cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual intercourse by a man with his own wife, the wife being under 1[eighteen years of age] , if more than one year has elapsed from the da te of the commission of the offence. (7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence. 2[198A. Prosecution of offences under section 498A of the Indian Penal Code. No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1 860) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her fathers or mothers brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.] 3[198B. Cognizance of offence .No Court shall take cognizance of an offence punishable un der section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husba nd.] 199. Prosecution for defamation. (1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence: Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person ma y, with the leave of the Court, make a complaint on his or her behalf. (2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice -President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant emplo yed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing mad e by the Public Prosecutor. (3) Every complaint referred to in sub -section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No complaint under sub -section (2) shall be made by the Public Prosecutor except with the previous sanction (a) of the State Government, in the case of a person who is or has been the Governor of that State or a Minister of that Government; 1. Subs. by Act 5 of 2009, s. 18 , for fifteen years of age (w.e.f. 31 -12-2009) 2. Ins. by Act 46 of 1983, s. 5 (w.e.f. 25 -12-1983). 3. Ins. by Act 13 of 2013, s. 19 (w.e.f. 3 -2-2013). 115 (b) of the State Government, in the case of any other public servant employed in connection with the affairs of the State; (c) of the Central Government, in any other case. (5) No Court of Session shall take cog nizance of an offence under sub -section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (6) Nothing in this section shall affect the right of the person against whom the offence is al leged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. CHAPTER XV COMPLAINTS TO MAGISTRATES 200. Examinatio n of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official dut ies or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under sectio n 192 after examining the complainant and the witnesses, the latter Magistrate need not re -examine them. 201. Procedure by Magistrate not competent to take cognizance of the case .If the complaint is made to a Magistrate who is not competent to take cogniz ance of the offence, he shall, (a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; (b) if the complaint is not in writing, direct the complainant to the proper Court. 202. Postponement of issue of process. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit , 1[and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction ,] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as

process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made, (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses 1. Ins. by Act 25 of 2005, s. 19 (w.e.f. 23 -6-2006). 116 present (if any) have been examined on oath under section 200. (2) In an inquiry under sub -section (1), the Magistrate may, if he thinks fit , take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub -section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant. 203. Dismissal of complaint. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient gro und for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 204. Issue of process. (1) If in the opinion of a Magistrate taking cog nizance of an offence there is sufficient ground for proceeding, and the case appears to be (a) a summons -case, he shall issue his summons for the attendance of the accused, or (b) a warrant -case, he may issue a warrant, or, if he thinks fit, a summons, f or causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction. (2) No summons or warrant shall be issued against the accused under sub -section ( 1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub -section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process -fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deeme d to affect the provisions of section 87. 205. Magistrate may dispense with personal attendance of accused. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefor e provided. 206. Special summons in cases of petty offence. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260 1[or section 261] , the Magistrate shall, except where he is, fo r reasons to be recorded in writing of a contrary opinion, issue 1. Ins. by Act 25 of 2005, s. 20 (w.e.f. 23 -6-2006). 117 summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing befor e the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through suc h pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: Provided that the amount of the fine specified in such summons shall not exceed 1[one thousand rupees ]. (2) For the purpo ses of this section, petty offence means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1939 (4 of 1939)2, or under any other law which provides for co nvicting the accused person in his absence on a plea of guilty. 3[(3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub -section (1) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.] 207. Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following : (i) the police report; (ii) the first information report recorded under section 154; (iii) the statements recorded under sub -section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub -section (6) of section 173; (iv) the confessions and statements, if any, recorded under section 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub -section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document re ferred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. 208. Supply of copies of statements and documents to ac cused in other cases triable by Court of Session. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: (i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate; 1. Subs. by Act 25 of 2005, s. 20, for one hundred rupees (w.e.f. 2 3-6-2006). 2. Now the Motor Vehicles Act, 1988 (59 of 1988). 3. Ins. by Act 45 of 1978, s. 18 (w.e.f. 18 -12-1978). 118 (ii) the statements and confessions, if any, recorded under section 161 or section 164; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. 209. Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise , the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall 1[(a) commit, after complying with the provisions of section 207 or section 208, as the ca se may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;] (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session. STATE AMENDMENT Gujarat In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat , for clause ( a), the following clause shall be substituted, namely: (a) Commit the case, after complying with the prov isions of section 207 or section 208, as the case may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made . [Vide Gujarat Act 30 of 1976, s. 2] Uttar Pr adesh In section 209 of the said Code, for clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely : (a) as soon as may be after complying with the provisions of section 207, commit the case t o the court of session ; (b) subject to the provisions of this Code relating to bail, remand the accused to custody until commitment of the case under clause (a) and thereafter during, and until the conclusion of the trial. [Vide Uttar Pradesh Act 16 of 1 976, s. 6] 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence .(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to ap pear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject -matter of the inquiry or trial held by him, the Magistrate shall stay the proc eedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisio ns of this Code. 1. Subs. by Act 45 of 1978, s. 19, for cl ause (a) (w.e.f. 18 -12-1978). 119 CHAPTER XVII THE CHARGE A.Form of charges 211. Contents of charge. (1) Every charge under this Code shall state the offence with which the accused is charged. (2) If the law which creates the offence gives it any specific name, the offe nce may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the of fence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exception s of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provis os to that exception applied to it. (b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidat ion, or using a false property -mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property -mark, without reference to the definition s, of those crimes cont ained in the Indian Penal Code (45 of 1860

, without reference to the definition s, of those crimes cont ained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. 212. Particulars as to time, place and person. (1) The charge shall contain such particulars as to the time and place of the alleged offe nce, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 120 the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219: Provided that the time included betwee n the first and last of such dates shall not exceed one year. 213. When manner of committing offence must be stated. When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose . Illustrations (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with inte nt to save B from punishment. The charge must set out the disobedience charged and the law infringed. 214. Words in charge taken in sense of law under which offence is punishable. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. 215. Effect of errors. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offe nce or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations (a) A is charged under section 242 of the Indian P enal Code (45 of 1860), with having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit , the word fraudulently being omitted in the charge. Unless it appears that A was in fac t misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own acco unt of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged w ith the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and 121 had heard the inquiry before the Magistra te, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baks h (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may i nfer from this that A was misled, and that the error was material. 216. Court may alter charge .(1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in i ts discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecuti on of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. 217. R ecall of witnesses when charge altered. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed (a) to recall or re -summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re -examine such witness for the purpose of vexation or delay or for defeating the ends of justice; (b) also to call any further witness whom the Court may think to be material. B.Joinder of charges 218. Separate charges for distinct offences. (1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrat e may try together all or any number of the charges framed against such person. (2) Nothing in sub -section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223. Illustration A is accused of a theft on one occasion, and of caus ing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 219. Three offences of same kind within year may be charged together. (1) When a person is 122 accused of more offences than one o f the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law: Provided that, for the purposes of this section, an offence punishable under secti on 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, s hall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 220. Trial for more than one offence. (1) If, in one series of acts so connected together as to form the same transaction, more offen ces than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 212 or in sub -section (1) of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be char ged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them ma y be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860). Illustrations to sub -section (1) (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sections 225 and 333 of the India n Penal Code (45 of 1860). (b) A commits house -breaking by day with intent to commit adultery, and commits, in the house so entered, adultery with B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indi an Penal Code (45 of 1860). (c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code (45 of 1860). (d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Indian Penal Code (45 of 1860). A may be sepa rately charged with, and convicted of , the possession of each seal under section 473 of the Indian Penal Code. (e) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such pro ceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the Indian Penal Code (45 of 1860). 123 (f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a cap ital offence. A may be separately charged with, and convicted of, offences under sections 211 and 194 of the Indian Penal Code (45 of 1860). (g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the Indian Penal Code (45 of 1860). (h) A threatens B, C and D at the same time with injury to thei r persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code (45 of 1860). The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the same time. Illustrations to sub -section (3) (i) A wrongfully strikes B with a cane. A may be separately charged with , and convicted of, offences under sections 352 and 323 of the Indian Penal Code (45 of 1860) . (j) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain -pit. A and B may be separately charged with, and convicted of, offences under sections 411 and 414 of the Indian Penal Code (45 of 1860). (k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such e xposure. A may be separately charged with, and convicted of, offences under sections 317 and 304 of the Indian Penal Code (45 of 1860). (l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the Indian Penal Code (45 of 1860). A may be separately charged with, and convicted of, offences under sections 471

(45 of 1860). A may be separately charged with, and convicted of, offences under sections 471 (read with section 466) and 196 of that Code. Illustration to sub -section (4) (m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860). 221. Where it is doubtful what offence has been committed. (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he m ay be charged in the alternative with having committed some one of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub -section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Illustrations (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal b reach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. (b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence. (c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving fal se evidence, although it cannot be proved which of these contradictory statements was false. 124 222. When offence proved included in offence charged. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts a re proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not s eparately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Illustrations (a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Cod e in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406. (b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code. 223. What persons may be charged jointly. The following persons may be charged and tried together, namely: (a) persons accused of the same offence committed in th e course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them j ointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons acc used of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first -named persons, or of abetment of or attempting to commit any such la st- named offence; (f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence; (g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating 125 to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in t his section, the 1[Magistrate or Court of Session] may, if such persons by an application in writing, so desire, and 2[if he or it is satisfied ] that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such perso ns together. 224. Withdrawal of remaining charges on conviction on one of several charges. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the of ficer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an ac quittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial o f, the charge or charges so withdrawn . CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION 225. Trial to be conducted by Public Prosecutor. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. 226. Opening case for prosecution. When the accused appears or is b rought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. 227. Dis charge .If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding agai nst the accused, he shall discharge the accused and record his reasons for so doing. 228. Framing of charge. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committe d an offence which (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, 3[or any other Judicial Magistrate of the first class and d irect the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit , and thereupon such Magistrate] shall try the offence in accordance with the procedure for th e trial of warrant -cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused. (2) Where the Judge frames any charge under clause (b) of sub -section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. 1. Subs. by Act 25 of 2005, s. 21, for Magistrate (w.e.f. 23 -6-2006). 2. Subs. by s. 21, ibid., for certain words (w.e.f. 23 -6-2006). 3. Subs. by s. 22, ibid., for certain words (w.e.f. 23 -6-2006). 126 STATE AMENDMENT Chhattisgarh In sub -section ( 2) of section 228 of the Principal Act, after the word to the accused the follow ing shall be added, namely: present in person of through the medium of electronic video linkage and being represented by his pleader in the Court. [Vide Chhattisgarh Act 13 of 2006, s. 4.] Karnataka Amendment of section 228 .- In section 228 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in sub -section ( 1), in clause ( a), for the words to the Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate the words to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial magistrate to whom the case may have been transferred shall be substituted. [Vide Karnataka Act 22 of 1994, s. 2.] West Bengal In section 228 of the said Code , in clause ( a) of sub -section ( 1) of section 228, for the words to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate the words to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred shall be substituted. [Vide West Bengal Act 63 of 1978, s. 3.] 229. Conviction on plea of guilty. If the accused pleads guilty, the Judge shall rec ord the plea and may, in his discretion, convict him thereon. 230. Date for prosecution evidence. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examinatio n of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. 231. Evidence for prosecution. (1) On the date so fixed, the Judge shall procee d to take all such evidence as may be produced in support of the prosecution. (2) The Judge may, in his discretion, permit the cross -examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross -examination. 232. Acquittal. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offe nce, the Judge shall record an order of acquittal. 233. Entering upon defence. (1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accu sed puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. 234. Arguments. When the examination of the witnesses (if any) for the defence is complete, the prosecutor 127 shall sum up his case and the accused or his pleader shall be entitled to reply: Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judg e, make his submissions with regard to such point of law. 235. Judgment of acquittal or conviction .(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case. (2) If the accused is convicted, the Judge shall, unles s he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law. 236. Previous conviction. In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecut ion or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235. 237. Procedure in cases instituted under section 199( 2).(1) A Court of Session taking cognizance of an offence under sub -section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant -cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed s hall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to d o. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the pe r

making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the pe rson against whom the offence was alleged to have been committed (other than the President, Vice -President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to b e recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub -section (4) shall be recovered as if it w ere a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub -section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub -section ( 4) to pay com pensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided. 128 CHAPTER XIX TRIAL OF WARRANT -CASES BY MAGISTRATES A.Cases instituted on a police report 238. Compliance with section 207 .When, in any war rant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207. 239. When accused shall be discha rged .If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being he ard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. 240. Framing of charge .(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charg e against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. STATE AMENDMENT Chhattisgarh In sub -section ( 2) of section 240 of the Princi pal Act, after the word to the accused the following shall be added: present either in person or through the medium of electronic video linkage in the presence of his pleader in the Court. [Vide Chhattisgarh Act 13 of 2006, s. 5] 241. Conviction on p lea of guilty .If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. 242. Evidence for prosecution .(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses : 1[Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police .] (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross -examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross -examination. 243. Evidence for defence .(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upo n his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross -examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that, when the accused has cross -examined or had the opportunity of cross -examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice. (3) The M agistrate may, before summoning any witness on an application under sub -section ( 2), require that the 1. Ins. by Act 5 of 2009, s.19 (w.e.f. 31 -12-2009). 129 reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.Cases instituted otherwise than on police report 244. Evidence for prosecution .(1) When, i n any warrant -case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. 245. When accused sha ll be discharged .(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate s hall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. STATE AMENDM ENT West Bengal In section 245 of the principal Act, after sub-section ( 2), the following sub-section shall be inserted : (3) If all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date o f appearance of the accused, the Magistrate shall discharge the accused unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of ju stice to discharge the accused. . [Vide West Bengal Act 24 of 1988, s. 5.] 246. Procedure where accused is not discharged .(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground fo r presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The char ge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub -section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recor ded in writing so thinks fit, forthwith, whether he wishes to cross -examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross -examination and re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross -examination and re -examination (if any), the y shall also be discharged. 247. Evidence for defence .The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case. 130 C.Conclusion of trial 248. Acquittal or conviction .(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of t he alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in a ny evidence adduced by it, unless and until the accused has been convicted under sub -section (2). 249. Absence of complainant .When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is ab sent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused. 250. Compensation for accusation without reasonable cause .(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquitta l, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded , make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3) The Magistrate may, by the order directing payment of the compensation under sub -section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exc eeding thirty days. (4) When any person is imprisoned under sub -section ( 3), the provisions of sections 68 and 69 of the Indian Penal Code (45 of 1860) shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this secti on shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (6) A complainant or informant who has been ordered under sub -section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub -section (6), the compensat ion shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where 131 such order is made in a case which is not so subject to appeal the compensat ion shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons -cases as well as to warrant -cases. CHAPTER XX TRIAL OF SUMMONS -CASES BY MAGISTRATES 251. Substance of accusation to be stated .When in a summons -case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall no t be necessary to frame a formal charge. STATE AMENDMENT Chhattisgarh In Section 251 of the Principal Act, after the word bought before the Magistrate the following shall be added : Or appears through the medium of electronic video linkage in the prese nce of his pleader in the Court . [Vide Chhattisgarh Act 13 of 2006, s. 6] 252. Conviction on plea of guilty .If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discreti on, convict him thereon.

a as nearly as possible in the words used by the accused and may, in his discreti on, convict him thereon. 253. Conviction on plea of guilty in absence of accused in petty cases .(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall t ransmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea a s nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. 254. Procedure when not convicted .(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summonin g any witness o n such application , require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. 255. Acquittal or conviction .(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be th e nature of the 132 complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. 256. Non -appearance or death of complainant .(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not nec essary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub -section (1) shall, so far as may be, apply also to cases where the non -appearance of the complainant is due to his death. 257. Withdrawal of compl aint.If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one acc used, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. 258. Power to stop proceedings in certain cases .In any summons -case instituted otherwi se than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgme nt and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge. 259. Powe r of Court to convert summons -cases into warrant -cases .When in the course of the trial of a summons -case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, th e offence should be tried in accordance with the procedure for the trial of warrant -cases, such Magistrate may proceed to re -hear the case in the manner provided by this Code for the trial of warrant -cases and may re -call any witness who may have been exam ined. CHAPTER XXI SUMMARY TRIALS 260. Power to try summarily .(1) Notwithstanding anything contained in this Code (a) any Chief Judicial Magistrate; (b) any Metropolitan Magistrate; (c) any Magistrate of the first class specially empowered in this behalf by the High Court, may, if he thinks fit, try in a summary way all or any of the following offences: (i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (ii) theft, under section 379, section 380 o r section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed 1[two thousand rupees ]; (iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of th e property does not exceed 1[two thousand rupees ]; (iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed 1[two thousand rupees] ; (v) offen ces under sections 454 and 456 of the Indian Penal Code (45 of 1860); 1. Subs. by Act 25 of 2005, s. 23, for two hundred rupees (w.e.f. 23 -6-2006). 133 (vi) insult with intent to provoke a breach of the peace, under section 504, and 1[criminal intimidation punishable with imprisionment for a term which may extend to two years, or with fine, or with both ], under section 506 of the Indian Penal Code (45 of 1860); (vii) abetment of any of the foregoing offences; (viii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (ix) any offence constituted by an ac t in respect of which a complaint may be made under section 20 of the Cattle -trespass Act, 1871 (1 of 1871). (2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summar ily, the Magistrate shall recall any witnesses who may have been examined and proceed to re -hear the case in the manner provided by this Code. 261. Summary trial by Magistrate of the second class .The High Court may confer on any Magistrate invested with t he powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. 262. Procedure for summary trials .(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons -case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. 263. Record in summary trials .In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely: (a) the serial numbe r of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) pr oved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub -section (1) of section 260, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the find ing; (i) the sentence or other final order; (j) the date on which proceedings terminated. 264. Judgment in cases tried summarily .In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evi dence and a judgment containing a brief statement of the reasons for the finding. 265. Language of record and judgment .(1) Every such record and judgment shall be written in the language of the Court. (2) The High Court may authorise any Magistrate empowe red to try offences summarily to prepare the aforesaid 1. Subs. by Act 25 of 2005 , s. 23, for criminal intimidation (w.e.f. 23 -6-2006). 134 record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. 1[CHAPTER XXIA PLEA BARGAINING 265A. Application of the Chapter .(1) This Chapter shall apply in respect of an accused against whom (a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examinin g complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio -economic condition of the country or has been committed against a woman, or a child below the age of fourteen years . (2) For the purposes of sub -section ( 1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio -economic condition of the country. 265B. Application for plea bargaining .(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial. (2) The application under sub -section ( 1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provide d under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence. (3) After receiving the application under sub -section ( 1), the Court sha ll issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case. (4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused app ear on the date fixed under sub -section ( 3), the Court shall examine the accused in camera , where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where (a) the Court is satisfi ed that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may incl ude giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previous ly been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub-section ( 1). 265C. Guidelines for mutually satisfactory disposition .In working out a mutually satisfactory disposition under clause ( a) of sub -section ( 4) of section 265B, the Court shall follow the following procedure, namely: 1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5 -7-2006). 135 (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: Provided further that the accused, if he so desires, participate in such meeting with his pleader, if any, engaged in the case; (b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactor y disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: Provided furt her that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case. 265D. Report of the mutually satisfactory disposition

participate in such meeting with his pleader engaged in the case. 265D. Report of the mutually satisfactory disposition to be submitted before the Court .Where in a meeting under section 265C, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Code from the stage the application under sub-section ( 1) of section 265 B has been filed in such case. 265E. Disposal of the case .Where a satisfactory disposition of the case has been worked out under section 265D, the Court shall dispose of the case in the following manner, namely: (a) the Court shall awar d the compensation to the victim in accordance with the disposition under section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or fo r dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; (b) after hearing the parties under clause ( a), if the Court is of the view that section 360 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may rel ease the accused on probation or provide the benefit of any such law, as the case may be; (c) after hearing the parties under clause ( b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, i t may sentence the accused to half of such minimum punishment; (d) in case after hearing the parties under clause ( b), the Court finds that the offence committed by the accused is not covered under clause ( b) or clause ( c), then, it may sentence the accuse d to one -fourth of the punishment provided or extendable, as the case may be, for such offence. 265F. Judgment of the Court .The Court shall deliver its judgment in terms of section 265E in the open Court and the same shall be signed by the presiding offic er of the Court. 265G. Finality of the judgment .The judgment delivered by the Court under section 265G shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shal l lie in any Court against such judgment. 265H. Power of the Court in plea bargaining .A Court shall have, for the purposes of discharging its 136 functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relat ing to the disposal of a case in such Court under this Code. 265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment . The provisions of section 428 shall apply, for setting off the period of detention undergon e by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code. 265J. Savings .The provisions of this Chapter shall have effect notwithst anding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter. Explanation .For the purposes o f this Chapter, the expr ession Public Prosecutor has the meaning assigned to it under clause ( u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25. 265K. Statements of accused not to be used .Notwithstanding anything contained in any law for th e time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 265B shall not be used for any other purpose except for the purpose of this Chapter. 265L. Non -application of the C hapter .Nothing in this Chapter shall apply to any juvenile or child as defined in clause ( k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) .] CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 266. Definitions. In this Chapter, (a) detained includes detained under any law providing for preventive detention; (b) prison includes, (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary j ail; (ii) any reformatory, Borstal institution or institution of a like nature. 267. Power to require attendance of prisoners. (1) Whenever, in the course of an inquiry, trial or proceeding under this Code, it appears to a Criminal Court, (a) that a perso n confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him, or (b) that it is necessary for the ends of justice to examine such person as a witness, the C ourt may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence. (2) Where an order under sub -section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub -section ( 2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. 137 STATE AMENDMENT Jharkhand Amendment of Section 267 .-In section 267 of Code of Criminal Procedure, 1973 in its application to the State of Jharkhand, in Sub -Section (1) Clause (b): - (i) After the words the court may mak e an order requiring the officer -in-charge of the prison to produce such person before the Court the words either in prison or through the medium of electronic video linkage shall be inserted. [Vide Jharkhand Act 2 of 2016, s. 2] 268. Power of State Gov ernment to exclude certain persons from operation of section 267. (1) The State Government may, at any time, having regard to the matters specified in sub -section ( 2), by general or special order, direct that any person or class of persons shall not be rem oved from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 267, whether before or after the order of the State Government, shall have effect in respect of such per son or class of persons. (2) Before making an order under sub -section (1), the State Government shall have regard to the following matters, namely: (a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison; (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) the public interest, generally. 269. Officer in charge of prison to abstain f rom carrying out order in certain contingencies. Where the person in respect of whom an order is made under section 267 (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pend ing trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government under section 268 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty -five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b). 270. Prisoner to be brought to Court in custody. Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under sub -section (1) of section 267 and duly countersigned , where necessary, under sub -section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or u ntil the Court authorises him to be taken back to the prison in which he was confined or detained. 271. Power to issue commission for examination of witness in prison. The provisions of this Chapter shall be without prejudice to the power of the Court to i ssue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in 138 relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person. CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS A.Mode of taking and recording evidence 272. Language of Courts. The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court. 273. Evidence to be taken in presence of accused. Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader: 1[Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other se xual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross -examination of the accused.] Explanation. In this section, accused includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code. STATE AMENDMENT Gujarat In the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act ), in section 273, after the words in the presence of his pleader , the words or, as the case may be, through the medium of Electronic Video Linkage when the court on its own motion or on an application so directs in the interests of justice shall be added. [Vide Gujarat Act 31 of 2017, s. 2] Jharkhand Amendment of Section 273 .-In section 273 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand: - (i) After the words All evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, the word either in person or through the medium of electronic video linkage shall be inserted. [Vide Jharkhand Act 2 of 2016, s. 3] 274. Record in summons -cases and inquiries. (1) In all summons -cases tried before a Magistra te, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 275. Record in warrant -cases. (1) In all warrant -cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing e ither by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf : 2[Provided that evidence of a witness under this sub -section may also be recorded by audio -video electronic 1. Proviso ins. by Act 13 of 2013, s. 20 (w.e.f. 3 -2-2013). 2. Ins. by Act 5 of 2009, s. 20 (w.e.f. 31 -12-2009) 139 means in the presence of the advocate of the person accused of the offence.] (2) Where the Magistrate causes the evidence to be taken down, he shall record a certi ficate that the evidence could not be taken down by himself for the reasons referred to in sub -section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be tak en down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 276. Record in trial before Court of Session. (1) In all trials before a Court of Ses sion, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf. 1[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.] (3) The evi dence so taken down shall be signed by the presiding Judge and shall form part of the record. 277. Language of record of evidence. In every case where evide nce is taken down under section 2

part of the record. 277. Language of record of evidence. In every case where evide nce is taken down under section 275 or 276, (a) if the witness gives evidence in the language of th e Court, it shall be taken down in that language; (b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record; (c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record: Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation. 278. Procedure in regard to such evidence when completed. (1) As the evidence of each witness taken under section 27 5 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the e vidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. (3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands. STATE AM ENDMENT Gujarat In the principal Act, in section 278, after sub -section (3), the following sub -sections shall be added, namely: (4) Nothing contained in sub -sections ( 1) to ( 3) shall apply when the evidence under section 273 is taken through the medium of Electronic Video Linkage. (5) The evidence taken through the medium of Electronic Video Linkage in electronic from shall be the 1. Subs. by Act 45 of 1978, s. 20, for sub -section ( 2) (w.e.f. 18 -12-1978). 140 electronic record within the meaning of clause (t) of section 2 if the Information Technology Act, 2000 (21 of 2000) [Vide Gujarat Act 31 of 2017, sec. 3.] 279. Interpretation of evidence to accused or his pleader. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language. (3) When documents are p ut for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary. 280. Remarks respecting demeanour of witness. When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. 281. Record of examination of accused. (1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record. (2) Whenever the accused is examined by any Magistrate other than a M etropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. (3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court. (4) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at libe rty to explain or add to his answers. (5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. (6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. STATE AMENDMENT Gujarat In the principal Act, in section 281, in sub -section (6), after the words the examination of an accused person , the words either through the medium of Electronic Video Linkage or shall be inserted. [Vide Gujarat Act 31 of 2017, s. 4] 282. Interpreter to be bound to interpret truthfully. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 283. Record in High Court. Every High Court may, by genera l rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and 141 such evidence and examination shall be taken down in accordance with such rule . B.Commissions for the exa mination of witnesses 284. When attendance of witness may be dispensed with and commission issued. (1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witnes s is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate ma y dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter: Provided that where the examination of the President or the Vice -President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of Justice, a commission shall be issued for the examination of such a witness. (2) The Court may, when issuing a commission for the examination of a witness for the prosecut ion, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the pleader's fees, be paid by the prosecution. 285. Commission to whom to be issued. (1) If the witness is within the territories to which this C ode extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made b y the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for trans mission as the Central Government may, by notification, prescribe in this behalf. 286. Execution of commissions. Upon receipt of the commission, the Chief Metropolitan Magistrate, or Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials or warrant -cases under thi s Code. 287. Parties may examine witnesses. (1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such mag istrate, Court or Officer by pleader, or if not in custody, in person, and may examine, cross -examine and re -examine (as the case may be) the said witness. 288. Return of commission. (1) After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872 (1 o f 1872), may also be received in evidence at any subsequent stage of the case before another Court. 289. Adjournment of proceeding. In every case in which a commission is issued under section 284, the 142 inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 290. Execution of foreign commissions. (1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its r eturn shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284. (2) The Courts, Judges and Magistrates referred to in sub -section (1) are (a) any s uch Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any suc h country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal m atters. 291. Deposition of medical witness. (1) The deposition of civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject -matte r of his deposition. STATE AMENDMENT Gujarat In the principal Act, in section 291, in sub -section ( 1), after the words in the presence of accused , the words or, as the case may be through the medium of Electronic Video Linkage shall be inserted. [Vide Gujarat Act 31 of 2017, s. 5] 1[291A. Identification report of Magistrate .(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or sect ion 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub -section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the app lication of the prosecution or of the accused, summon and examine su ch Magistrate as to the subject -matter of the said report.] 292. Evidence of officers of the Mint. (1) Any document purporting to be a report under the hand of any such 2[officer of any Mi nt or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Fore nsic Department or Division of F orensic Science Laboratory or any Government Examiner of Questioned Document s or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under th is Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject -matter of his report: 1. Ins. by Act 25 of 2005, s. 24 (w.e.f. 23 -6-2006). 2. Subs. by Act 2 of 2006, s. 5, for certain words (w.e.f. 16 -4-2006). 143 Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no such officer shall, 2[except with the perm ission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Qu estioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted (a) to give any evidence derived from any unpublished official records on

ed Documents Organisation, as the case may be,] be permitted (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the na ture or particulars of any test applied by him in the course of the examination of the matter or thing. 293. Reports of certain Government scientific experts. (1) Any document purporting to be a report under the hand of a Government scientific expert to wh om this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject -matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear person ally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific expert s, namely: (a) any Chemical Examiner or Assistant Chemical Examiner to Government; 1[(b) the Chief Controller of Explosives; ] (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 2[, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the S erologist to the Government; 3[(g) any other Government scientific expert specified, by notification, by the Central Government for this purpo se.] 294. No formal proof of certain documents. (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, o r the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) The list of documents shall be in such form as be prescribed by the State Government. (3) Where the genuineness of an y document is not disputed, such document may be read in evidence in inquiry, trial or other proceeding under this Code without proof of the signature of the person t o whom it purports to be signed : Provided that the Court may, in its discretion, require s uch signature to be proved. 295. Affidavit in proof of conduct of public servants. When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any 1. Subs. by Act 25 of 2005, s. 26, for cl. ( b) (w.e.f. 23-6-2006). 2. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18 -12-1978). 3. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23 -6-2006). 144 public ser vant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. 296. Evidence of formal character on affidavit. (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, and shall, on the applica tion of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. 297. Authorities before whom affidavits may be sworn. (1) Affidavits to be used before any Court under this Code may be sworn or affirmed before 1[(a) any Judge or Judicial or Executive Magistrate, or] (b) any Commissioner of Oaths appointed by a High Court or Court of Session, or (c) any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and s hall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (3) The Court m ay order any scandalous and irrelevant matter in the affidavit to be struck out or amended. 298. Previous conviction or acquittal how proved. In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in ad dition to any other mode provided by any law for the time being in force, (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentenc e or order, or (b) in case of a conviction, either by a certificate signed by the officer in charge of the Jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffere d, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. 299. Record of evidence in absence of accused. (1) If it is proved that an accused person has absconded, and that there i s no immediate prospect of arresting him, the Court competent to try 2[, or commit for trial ,] such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person o r persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence aga inst any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. STATE AMENDMENT Uttar Pradesh In section 299 of the said Code, in sub -section (1), for the words competent to try such person, the 1. Subs. by Act 45 of 1978, s. 22, for cl. ( a) (w.e.f. 18 -12-1978). 2. Ins. by Act 45 of 1978, s. 23 (w.e.f. 18 -12-1978). 145 words competent to try such person or to commit him for trial shall be substituted. [Vide Uttar Pradesh Act 16 of 1976, s. 7] CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 300. Person once convicted or acquitted no t to be tried for same offence .(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub -section (2) thereof. (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub -section (1) of section 220. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned of fence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be s ubsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first -mentioned Court is subordinate. (6) Nothing in this section shall affect the provision s of section 26 of the General Clauses Act, 1897 (10 of 1897) or of section 188 of this Code. Explanation. The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Illustrations (a) A is tried upon a charge of theft as a servant and aquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal bre ach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not aft erwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. 301. Appearance by Public Prosecutors .(1) The Public Prosecutor or Assistant Public Prosecutor in charge 146 of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person i nstructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. STATE AMENDMENT West Bengal For sub -section ( 1) of section 301 of the principal Act, the following sub -sections s hall be substituted: (1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (b) The Assistant Public Prosecutor in charge of a case may a ppear and plead without any written authority before any Court in which that case is under inquiry or trial. . [Vide West Bengal Act 26 of 1990, s. 4] 302. Permission to conduct prosecution .(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate -General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so with out such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution m ay do so personally or by a pleader. 303. Right of person against whom proceedings are instituted to be defended .Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice. 304. Legal aid to accused at State expense in certain cases .(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State. (2) The High Court may, with the previous approval of the State Government, make rules providing for (a) the mode of selecting pleaders for defence un der sub -section ( 1); (b) the facilities to be allowed to such pleaders by the Courts; (c) the fees payable to such pleaders by the Government, and generally, for carrying out the purposes of sub-section ( 1). (3) The State Government may, by notification, d irect that, as from such date as may be specified in the notification, the provisions of sub -sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session. 305. Procedure when corporation or registered society is an accused .(1) In this section, corporation means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint 147 a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a represen tative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as

this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) havi ng, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court s hall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. 306. Tender of pardon to accomplice .(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as princip al or abettor, in the commission there of. (2) This section applies to (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub -section (1) shall record (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on app lication made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub -section (1) (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub -section ( 1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the 148 case (a) commit it for trial (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is th e Chief Judicial Magistrate; (ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952), if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. 307. Power to direct tender of pardon .At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person su pposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person. 308. Trial of person not complying with conditions of pardon .(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender w as made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provide d that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 195 or s ection 340 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a Court under sub -section (4) of section 306 may be given in evidence against him at such tria l. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, t he Court shall (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that h e has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or no t the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, pass judgment of acquittal. 309. Power to postpone or adjourn proceedings .1[(1) In every inquiry or trial the proceedings shall be continued from day -to-day until all the witnesses in attendance have been examined, unless the Court finds the 1. Subs. by Act 13 of 2013, s. 21, for sub -section ( 1) (w.e.f. 3 -2-2013). 149 adjournment of the same beyond the following day to be necessary for reasons to be record ed: Provided that w hen the inquiry or trial relates to an offence under section 376, 1[section 376A, section 376 AB, , section 376B, section 37 6C, section 376D , section 376DA or section DB of the Indian Penal Code (45 of 1860) , the inquiry or trial shall ] be completed within a period of two months from the date of filing of the charge sheet.] (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any in quiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrat e shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: 2[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] 3[Provided also that (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment; (c) where a witness is present in Court bu t a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross -examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispe nsing with the examination -in-chief or cross -examination of the witness, as the case may be.] Explanation 1. If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further ev idence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2 .The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. STATE AMENDM ENT Chhattisgarh In proviso to sub -section ( 1) of Section 309 of the Code, for the words, figures and letters section 376, section 376A, section 376B, section 376C or section 376D , the words, figures and letters section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 11 .] Maharasht ra 1. Subs. by Act 22 of 2018, s. 16, for section 376A, section 376B, section 376C, section 376D of the Indian Penal Code , the inquiry or trial shall, as far as possible, (w.e.f. 21 -4-2018). 2. Ins. by Act 45 of 1978, s. 24 (w.e.f. 18 -12-1978). 3. Ins. by Act 5 of 2009, s. 21 (w.e.f. 1 -11-2010). 150 In section 309 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter, in this Chapter, referred to as the Code of Criminal Procedure ), after the existing proviso, the following proviso shall be added, namely: Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 (45 of 1860) of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months from the da te of filing of the charge sheet . [Vide Maharashtra Act, 40 of 2018, s. 4 .] Arunachal Pradesh Amendment of section 309. In the proviso to sub -section (1) of section 309 of the principal Act, for the words, figures and letters section 376, section 376A, s ection 376B, section 376C or section 376D of the Indian Penal Code the words, figures and letters section 376, section 376A, section 376AA section 376B, section 376C, section 376D or section 376DA of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 18] 310. Local inspection. (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been co mmitted, or any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 311. Power to summon mater ial witness, or examine person present .Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a wit ness, or recall and re -examine any person already examined; and the Court shall summon and examine or recall and re -examine any such person if his evidence appears to it to be essential to the just decision of the case. 1[311A. Power of Magistrate to order person to give specimen signatu res or handwriting .If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting: Provided that no order shall be m ade under this section unless the person has at some time been arrested in connection with such investigation or proceeding.] 312. Expenses of complainants and witnesses. Subject to any rules made by the State Government, any Criminal Court may, if it thin ks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code. 313. Power to examine the accused. (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons -case, where the Court has dispensed with the personal atten dance of the accused, it may also dispense with his examination under clause (b). 1. Ins. by Act 25 of 2005, s. 27 (w.e.f. 23 -6-2006

25 of 2005, s. 27 (w.e.f. 23 -6-2006). 151 (2) No oath shall be administered to the accused when he is examined under sub -section (1). (3) The accused shall not render himself liable to punishment by refusing to answ er such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which s uch answers may tend to show he has committed. 1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as suffici ent compliance of this section.] STATE AMENDMENT Jharkhand Amendment of Section 313 .-In Section 313 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand: - (i) In every enquiry or trial for the purpose of enabling the accused p ersonally to explain any circumstances appearing in the evidence against him the Court -After the words enabling the accused, the word in person or through the medium of electronic video linkag shall be inserted. [Vide Jharkhand Act 2 of 2016, s. 4] 314. Oral arguments and memorandum of arguments. (1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court s etting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournmen t of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the ch arges made against him or any person charged together with him at the same trial: Provided that (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him that the same trial. (2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107 or se ction 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings: Provided that in proceedings under section 108, section 109, or section 110, the failure of s uch person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. 1. Ins. by Act 5 of 2009, s. 22 (w.e.f. 31 -12-2009). 152 316. No influence to be use d to induce disclosure. Except as provided in sections 306 and 307, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. 317. Provision for i nquiries and trial being held in the absence of accused in certain cases. (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the C ourt is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or tr ial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance ne cessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. STATE AMENDMENT Gujarat In the principal Act, to section 317, the followi ng Explanation shall be added, namely: Explanation : For the purpose of this section Personal attendance of the accused shall include his attendance through the medium of Electronic Video Linkage as provided in section 273. . [Vide Gujarat Act 31 of 2 017, s. 6 ] 318. Procedure where accused does not understand proceedings. If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a Hig h Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. 319. Power to proceed against other persons appearing to be guilty of offence. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together wi th the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose a foresaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub -section (1), then (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re -heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person whe n the Court took cognizance of the offence upon which the inquiry or trial was commenced. 320. Compounding of offences. (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: 153 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Uttering words, etc., with deliberate 298 The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt. 323 The person to whom the hurt is caused. Voluntarily causing hurt on 334 Ditto. provocation . Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation. caused. Wrongfully restraining or confining 341, The person restrained or confined. any person. 342 Wrongfully confining a person for 343 The person c onfined. three days or more Wrongfully confining a person for 344 Ditto. ten days or more. Wrongfully confining a person in 346 The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used . 358 Theft. 379 The owner of the property stolen. Dishonest misappropriation of 403 The owner of the property property. misappropriated. Criminal breach of trust by a carrier, 407 The owner of the property in respect wharfinger, etc. of which the brea ch of trust has been committed. Dishonestly receiving stolen 411 The owner of the property stolen. property knowing it to be stolen. 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31 -12-2009). 154 1 2 3 Assisting in the concealment or 414 Ditto. disposal of stolen property, knowing it to be stolen. Chea ting. 417 The person cheated. Cheating by personation. 419 Ditto. Fraudulent removal or concealment 421 The creditors who are affected of property, etc., to prevent thereby. distribution among creditors. Fraudulently preventing from being 422 Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment 424 Ditto. of property. Mischief, whe n the only loss or 426, The person to whom the loss or damage caused is loss or damage to 427 damage is caused. a private person. Mischief by killing or maiming 428 The owner of the animal. animal. Mischief by killing or maiming 429 The owner of the cattl e or animal. cattle, etc. Mischief by injury to works of 430 The person to whom the loss or irrigation by wrongfully diverting damage is caused. water when the only loss or damage caused is loss or damage to private person. 155 1 2 3 Crimi nal trespass. 447 The person in possession of the property trespassed upon. House -trespass. 448 Ditto. House -trespass to commit an 451 The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property 483 Ditto. mark used by another. Knowingly selling, or exposing or 486 Ditto. possessing for sale or for manufactur ing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of 491 The person with whom the offender service. has contracted. Adultery. 497 The husband of the woman. Enticing or taking away or detaining 498 The husband of the woman and the with criminal intent a married woman woman. Defamation, except such cases as 500 The person defamed. are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section ( 2). Printing or engrav ing matter, 501 Ditto. knowing it to be defamatory. Sale of printed or engraved 502 Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted. of the peace. Crimina l intimidation. 506 The person intimidated. Inducing person to believe himself 508 The person induced. ] an object of divine displeasure. 156 (2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table: 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Causing miscarriage. 312 The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. 325 The person to whom hurt is caused. Causing hurt by doing an act so 337 Ditto. rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an 338 Ditto. act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt - 357 The person assaulted or to whom ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of 381 The owner of the property stolen. property in possession of master. Criminal breach of trust 406 The owner of prop erty in respect of which breach of trust has been committed. Criminal breach of trust by a clerk 408 The owner of the property in respect or servant. of which the breach of trust has been committed. Cheating a person whose interest 418 The perso n cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing 420 The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time 494 The husband or wife of the person so marrying. of a husband or wife. 1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31 -12-2009). 157 1 2 3 Defamation against the President or the 500 The person defamed. Vice -President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the Public Prosecutor.

ory or a Minister in respect of his public functions when instituted upon a complaint made by the Public Prosecutor. Uttering words or sounds or making 509 The woman whom it was intended to gestures or exhibiting any object insult or whose privacy wa s intruded intending to insult the modesty of a upon. ] woman or intruding upon the privacy of a woman. 1[(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is its elf an offence) or where the accused is liable under section 34 or 149 of the Indian Penal Code (45 of 1860) may be compounded in like manner.] (4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence. (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its p owers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhan ced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. 1. Subs. by Act 5 of 2009, s. 23, for sub -section ( 3) (w.e.f. 31 -12-2009). 158 STATE AMENDMENT Madhya Pradesh Amendment of Section 320. In the table below sub -section (2) of Section 320 of the principal Act, - (i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely: (1) (2) (3) Rioting 147 The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other of fence which is not compoundable. Rioting armed with deadly weapon 148 The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other offence which is not compoundable. Obscene acts or use of obscene words 294 The person against whom obscene acts were done or obscene words were used. . (ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely: (1) (2) (3) Criminal intimidation if threat to be caused death or grievous hurt, etc. Part II of Section 506 The person against whom the offence of Criminal Intimidation was committed. . [Vide Madhya Pradesh 17 of 1999, s. 3. ] Andhra Pradesh and Telangana Amendment of section 320 Central Act 2 of 1974 .-In the code of criminal Procedure, 1973, in section 320, in sub -section (2), in the Table and in the column thereof ; after item, the following item and entries relating thereto shall be inserted, namely: - marrying again during the lifetime of a husband or wife. 494. The husband or wife of the person so marrying. Husband or relative of Husband of a woman subjecting her to cruelty. 498-A The women subjected to cruelty : Provided that a minimum period of three months shall elapse from the date of request or application for compromise before a Court and the Court can accept a request for compounding an offence under section 498 - A of the Indian Penal Code, 1860, provided none of the parties withdraw the case in the intervening period. [Vide the Andhra Pradesh Act 11 of 2003, s. 2] 159 321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal, (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offe nce (i) was against any law relating to a matter to which the executive power of the Union extends, or (ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or (iii) involved t he misappropriation or destruction of, or damage to, any property belonging to the Central Government, or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and t he Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution. STATE AMENDMENT Uttar Pradesh In section 321 of the said Code, after the words in charge of a case may the w ords on the written permission of the State Government to that effect (which shall be filed in Court), shall be inserted. [Vide Uttar Pradesh Act 18 of 1991, s. 3] Amendment of section 321. (b) for sub-section (3) the following sub -section shall be substituted, namely : (3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and where the person who has suffered the loss or injury is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, when passing judgment, order the person sentenced to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act fo r which the person has been so sentenced. [Vide Uttar Pradesh Act 17 of 1992, s. 2] 322. Procedure in cases which Magistrate cannot dispose of. (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evide nce appears to him to warrant a presumption 160 (a) that he has no jurisdiction to try the case or commit it for trial, or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, or (c) that the case sho uld be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by th e Court of Session, he shall commit it to that Court under the provisions hereinbefore contained 1[and thereupon the provisions of Chapter XVIII shall apply to the commitment so made]. 324. Trial of persons previously convicted of offences against coinage, stamp -law or property. (1) Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) , with imprisonment for a term of three years or upwards, is again accused of any offence pun ishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent f or trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub -section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other per son under section 239 or section 245, as the case may be. 325. Procedure when Magistrate cannot pass sentence sufficiently severe. (1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused than one are being tried together, and the Magistrate considers it nece ssary to proceed under sub -section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call fo r and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to l aw. 1. Ins. by Act 45 of 1978, s. 26 (w.e.f. 18 -12-1978). 161 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. (1) Whenever any 1[Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exerc ise jurisdiction therein and is succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge or Magistrate] so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re -summon any su ch witness, and after such further examination, cross -examination and re -examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Code 2[from one judge to another Judge or from one Magistrate to another Magistrate], the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub -section (1). (3) Nothing in this section applies to summary trials or to cases in which pr oceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325. STATE AMENDMENT Uttar Pradesh In section 326 of the said Code, (a) in sub -section (1), for the word Magistrate, wherever occurring the words Judge or Magistrate shall be substituted, (b) in sub -section (2), before the words from one Magistrate, to another Magistrate, the words from one Judge to another Judge or shall be inserted. [Vide Uttar Pradesh Act 16 of 19 76, s. 8] 327. Court to be open .3[(1)] The place in which any Criminal Court is held fo r the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in , the room or building used by the Court. 4[(2) Notwithstanding anything contained in sub - section ( 1), the inquiry into and trial of rape or an offence under section 376, 5[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] section 376E of the Indian Penal Code (45 of 1860) ] shall be conducted in camera : Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to , or be or remain in, the room or building used by the Court : 6[Provided further that in camera trial shall be conducted as far as practicable by a woman

room or building used by the Court : 6[Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.] 1. Subs. by Act 45 of 1978, s. 2 7, for Magistrate (w.e.f. 18 -12-1978). 2. Subs. by s. 27, ibid., for from one Magistrate to another Magistrate(w.e.f. 18 -12-1978). 3. S. 327 renumbered as sub -section ( 1) thereof by Act 43 of 1983, s. 4 (w.e.f. 25 -12-1983). 4. Ins. by Act 43 of 1983 , s. 4 (w.e.f. 25 -12-1978). 5. Subs. by Act 2 2 of 2018, s. 17, for section 376A, section 376B, section 376C section 376D (w.e.f. 21 -4-2018). 6. Ins. by Act 5 of 2009, s. 24 (w.e.f. 31 -12-2009). 162 (3) Where any proceedings are held under sub -section ( 2), it shall not be lawf ul for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court :] 6[Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted , subject to maintaining confidentiality of name and address of the parties.] STATE AMENDMENT Chhattisgarh In sub -section (2) of the section 327 of the Code, for the words, figures and letters or an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code , the words, figures, letters and punctuations sexual harassment, outraging modesty of woman or an offence under section 354, section 354A, section 354B, section 354C, section 354D, secti on 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the Indian Penal Code shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 12 ] Arunachal Pradesh Amendment of section 327 .-In section 327 of the principal Act, in sub -section (2), for the words, figures and letters section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code the words, figures and lett ers section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA or section 376E of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 19] CHAPTER XXV PROVISIONS AS TO ACCUSED PERSON S OF UNSOUND MIND 328. Procedure in case of accused being lunatic .(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, th e Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. 1[(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of th e condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation: Provided that if the accused is aggrieved by the information given b y the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychia try in the nearest medical college. ] (2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 330. 1. Ins. by Act 5 of 2009 , s. 25 , (w.e.f. 31 -12-2009). 163 1[(3) If such Magistrate is informed that the person referred to in sub -section ( 1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 330: Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he sh all postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 330. (4) If such Magistrate is infor med that the person referred to in sub -section ( 1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330.] 329. Procedure in case of person of unsound mind tried before Court .(1) If at the trial of any person before a Magistrate or Court of Sessi on, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 2[(1A) If during trial, the Magistrat e or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magis trate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 3[(2) If such Magistrate or Court is informed that the person referred to in sub-section ( 1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a fin ding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the ac cused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330: Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330.] 4[330. Release of person of unso und mind pending investigation or trial. (1) Whenever a person if found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental 1. Subs. by Act 5 of 2009 , s. 25, for sub -section ( 3) (w.e.f. 31 -12-2009). 2. Ins. by , s. 26 , ibid., (w.e.f. 31 -12-2009) 3. Subs. by s. 26, ibid., for sub -section (2) (w.e.f. 31 -12-2009). 4. Subs. by s. 27, ibid., for section 330 (w.e.f. 31 -12-2009). 164 retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes t o obtain regular out -patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail ca nnot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no orde r for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Health Act, 1987 (14 of 1987). (3) Whenever a person is found under section 328 or sect ion 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardati on, further determine if the release of the accused can be ordered: Provided that (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under s ection 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of opinion that discharg e of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training.] 331. Resumption of inquiry or trial. (1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and r equire the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the c ertificate of such officer that the accused is capable of making his defence shall be receivable in evidence. 332. Procedure on accused appearing before Magistrate or Court. (1) If, when the accused appears or is again brought before the Magistrate or Cour t, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable making his defence, shall deal with such accused in accordance with the provisions of section 33 0. 333. When accused appears to have been of sound mind. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate i s satisfied from the evidence given before him that there is reason to believe that the accused commi tted an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session. 334. Judgment of acquittal on ground of unsoundness of mind. Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding sh all state specifically whether he committed the act or not. 335. Person acquitted on such ground to be detained in safe custody. (1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such

accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, 165 (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person t o be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub -section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub -section (1) except upon the application of such relative or friend and on his giving security to the s atisfaction of the Magistrate or Court that the person delivered shall (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as th e State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub -section (1). 336. Power of State Government to empower officer -in-charge to discharge. The State Government may empower the officer i n charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discharge all or any of the functions of the Inspector -General of Prisons under section 337 or section 338. 337. Procedure where lunatic prisoner is re ported capable of making his defence. If such person is detained under the provisions of sub -section ( 2) of section 330, and in the case of a person detai ned in a jail, the Inspector -General of Prisons, or, in the case of a person detained a lunatic asylum , the visitors of such asylum, or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoi nts, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector -General or visitors as aforesaid shall be receivable as evidence. 338. Procedure where lunatic detained is declared fit to be released. (1) If such person is detained under the provisions of sub -section (2) of section 330, or section 335, and such Inspector -General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injur y to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the St ate Government, which may order his release or detention as it thinks fit. 339. Delivery of lunatic to care of relative or friend. (1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall (a) be properly taken care of a nd prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub -section ( 2) of section 33 0, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his 166 being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence. CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 340. Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interest s of Justice that an inquiry should be made into any offence referred to in clause (b) of sub -section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or , as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non -bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub -section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub -section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub -section (4) of section 195. (3) A compla int made under this section shall be signed, (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; 1[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authori se in writing in this behalf.] (4) In this section, Court has the same meaning as in section 195. 341. Appeal. (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub -section (1) or sub -section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub -section (4) of section 195, and the superior Court may thereup on, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and, if it makes such complaint, the provisions of that section sh all apply accordingly. (2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision. 342. Power to order costs. Any Court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just. 1. Subs. by Act 2 of 2006, s. 6 , for clause ( b) (w.e.f. 16 -4-2006). 167 343. Procedure of Magistrate taking cognizance. (1) A Magistrate to whom a complaint is made under section 340 or section 341 shal l, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may hav e been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. 344. Summary procedure for trial for giving false evidence. (1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appe aring in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished f or such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section. (4) Where, after any ac tion is initiated under sub -section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub -section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. 345. Procedure in certain cases of contempt. (1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in th e view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court or the same day, take cognizance of the offence and, after giving the offender a re asonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unl ess such fine be sooner paid. (2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. (3) If the offence is under section 228 of the Indian Pen al Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. 346. Procedure where Court considers that case should not be dealt with under section 345. (1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, sh all forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may 168 be, as if it were instituted on a police report. 347. When Registrar or Sub -Registrar to be deemed a Civil Court. When the State Government so directs, any Registrar or any Sub -Registrar appointed under the 1*** Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 345 and 346. 348. Discharge of offender on submission of apology. When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or fo r any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to th e order or requisition of such Court, or on apology being made to its satisfaction. 349. Imprisonment or commi ttal of person refusing to answer or produce document. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the docum ent or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 345 or section 346. 350. Summary procedure for punishment for non -attendance by a witness in obedience to summons. (1) If any witnes s being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to atte nd before the time at which it

or refuses to attend at that place or time or departs from the place where he has to atte nd before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it i s expedient in the interest of j ustice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. 351. Appeals from convictions under sections 344, 345, 349 and 350. (1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, and the Appellate Cou rt may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An a ppeal from such conviction by any Registrar or Sub -Registrar deemed to be a Civil Court by virtue of a direction issued under section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub -Registrar is situate. 352. Certain Judges and Magistrates not to try certain offences when committed before themselves. Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try a ny person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. 1. The word Indian omitted by Act 56 of 1974, s. 3 and the Second Sch edule (w.e.f. 20 -12-1974). 169 CHAPTER XXVII THE JUDGM ENT 353. Judgment. (1) The judgment in every trial in any Criminal Court or original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language whic h is understood by the accused or his pleader. (2) Where the judgment is delivered under clause (a) of sub -section (1), the presiding officer shall cause it to be taken down in short -hand, sign the transcript and every page thereof as soon as it is made re ady, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub -section (1), as the case may be, it shall be dated and signed by the presidi ng officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub -section (1), the whole judgment or a copy thereof sha ll be immediately made available for the perusal of the parties or their pleaders free of cost. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced. (6) If the accused is not in custody, he shall be required by the Cour t to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that, where there are more accused than one, and one or more of the m do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any C riminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or an y of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465. STATE AMENDMENT Jharkhand Amendment of Section 353(5). -In Section 353(5) of Code of Criminal Proce dure, 1973, in its application to the State of Jharkhand: - (i) If accused is in custody, he shall be brought up to hear the Judgement pronounced. After the words he shall be brought up the word in person or through the medium of electronic video linkage shall be inserted. [Vide Jharkhand Act 2 of 2016, s. 5] 354. Language and contents of judgment. (1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353, 170 (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is conv icted, and the puni shment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Indian Penal Code (45 of 1860) an d it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence puni shable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every ord er under section 117 or sub -section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision. 355. Metropolitan Ma gistrate's judgment. Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely: (a) the serial number of the case; (b) the date of the commission of the offence; (c) the n ame of the complainant (if any); (d) the name of the accused person, and his parentage and residence; (e) the offence complained of or proved; (f) the plea of the accused and his examination (if any); (g) the final order; (h) the date of such order; (i) in all cases in which an appeal lies from the final order either under section 373 or under sub -section (3) of section 374, a brief statement of the reasons for the decision. 356. Order for notifying address of previously c onvicted offender. (1) When any person, having been convicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C 171 or section 489D 1[or section 506 (in so far as it relates to criminal intimidation punish able with imprisonment for a term which may extend to seven years , or with fine , or with both )] of the Indian Penal Code (45 of 1860), or of any offence punishable under Chapter XII 1[or Chapter XVI] or Chapter XVII o f that C ode, with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from th e date of the expiration of such sentence. (2) The provisions of sub -section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abatement of such offences and attempts to commit them. (3) If such conviction is set aside on appeal or otherwise, such order shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) The State G overnment may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts. (6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. 357. Order to pay compensation. (1) When a Court im poses a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied (a) in defraying the expenses of properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily ass isted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled theret o. (2) If the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a s entence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. 1. Ins. by Act 25 of 2005, s. 29 (w.e.f. 23 -6-2006). 172 (5) At the time of awarding compensation in any subs equent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. STATE AMENDMENT S Karnataka Amendments of section 357 . In section 357 of the Code of Criminal Procedure 1973 (C entral Act 2 of 1974). (1) In section 357, in sub -section ( 1), after the words the Court may the brackets, figures and words and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in claus es (24) and (25) of Article 366 of the Constitution and the accused person doesn t belong to a Scheduled Caste or a Scheduled Tribe the Court shall , shall be inserted : (2) for sub -section ( 3), the following sub -section shall be substituted, namely: (3) When a Court imposes a sentence of which the fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of article 366 of the Const itution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall , when passing judgment , order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has su ffered any loss or injury by reason of the act for which the accus ed person has been so sentenced . [Vide Karnataka Act 27 of 1987, s. 2] Madhya Pradesh Amendment of section 357. In section 357 of the Principal Act, (i) In sub -section ( 1), for the brac kets, figure and words (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied the bracket s, figure and words (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where a person against whom an offence

or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Caste s or Scheduled Trib es as defined in clauses ( 24) and ( 25) and of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belong cither to such Castes or Tribes, the Court shall, when passing judgment, order the whole or any part of the fine recovered to be applied shall be substituted; and (ii) for sub -section ( 3), the following sub -section shall be substituted, namely: (3) When Court imposes a sentence, of which fine does not form a part, the Court may, and w here a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses ( 24) and ( 25) of Article 366 of the Constitution, the Court shall when passing judgment order the accused person to pay, by way of comp ensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced: Provided that the Court may not order the accused person to pay by way of com pensation any amount if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes. [Vide Madhya Pradesh Act 29 of 1978, s. 3.] 173 West Bengal In section 357 of the principal Act , (a) In sub -section ( 1), for the words and brackets When a Court imposes a sentence of fine or a sentence including a (sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovere d to be applied , the words and brackets When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes shall, when passing judgment , order the whole or any part of the fine recove red to be applied shall be substituted; (b) for sub -section ( 3), the following sub -section shall be substituted, namely: (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where the person against whom an offenc e has been committed belongs to Scheduled Castes or Scheduled Tribes, shall, when passing judgment order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by re ason of the act for which the accused person has been so sentenced: Provided that the Court may not order the accused person to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belo ng either to Scheduled Castes or to Scheduled Tribes. ; (c) after sub -section ( 5), the following Explanation shall be inserted : Explanation .For the purposes of the section the expression Scheduled Castes and Scheduled Tribes shall have the meaning r espectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India .. [Vide West Bengal Act 33 of 1985, s. 3.] Andhra Pradesh and Telangana Amendment of section 357 Central Act 2 of 1974 .-In the Code of Criminal Procedure, 1974 in its application to the State of Andhra Pradesh, in section 357, - (i) in sub -section (1), after the words the Court may, the expression and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as def ined in clauses (24) and (25) of article 366 of the Constitution of India except when both the accused persons and the person against whom an offence is committed belong either to such castes or tribes, the Court shall, shall be inserted and (ii) for su b-section (3), the following sub -section shall be substituted, namely: - (3) When a Court imposes a sentence of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Schedule d Tribes as defined in clauses (24) and (25) of article 366 of the Constitution of India, the Court Shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has su ffered any loss or injury by reason of the act for which the accused person has been so sentenced: Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes. [Vide Andhra Pradesh Act 21 of 1993, s. 2] 174 Uttar Pradesh In section 357 of the Code of Criminal Procedure, 1973, (a) in sub -section (1), after the clause (d), the followi ng proviso shall be inserted, namely : Provided that if a person who may receive compensation under clauses (b), (c) and (d) is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes, th e Court shall order the whole or any part of the fine recovered to be applied in payment of such compensation. [Vide Uttar Pradesh Act 17 of 1992, s. 2] Bihar Amendment of Section 357 of the Code of Criminal Procedure, 1973 (Act II of 1974). In sub - section ( 1) of Section 357 of the Code of Criminal Procedure, 1973 (II of 1974) the following proviso shall be added namely: Provided that the person against whom an offence is committed belongs to Scheduled Castes and to Scheduled Tribes as defined under c lause ( 24) and clause ( 25) to Article 366 of the Constitution, the Court shall at the time of judgment pass order that the entire amount of fine realised or any part of it will be utilised for the benefit of such person by way of compensation. [Vide Biha r Act 9 of 1985, s. 2] 1[357A. Victim compensation scheme .(1) Every State Government in co -ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the qua ntum of compensation to be awarded under the scheme referred to in sub -section ( 1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dep endents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub -section ( 4), the State or the District Legal Services Authority shall, a fter due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first -aid facility or me dical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deem s fit.] 2[357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code .The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim 3[under section 32 6A, section 376AB, section 376D, section 376DA and section 376D B of the Indian Penal Code (45 of 1860) ]. 1. Ins. by Act 5 of 2009, s. 28 (w.e.f. 31 -12-2009). 2. Ins. by Act 13 of 2013, s. 23 (w.e.f. 3 -2-2013). 3. Subs. by Act 22 of 2018, s. 18, for under section 326A or section 376D of the Indian Penal Code (45 of 1860) (w.e.f. 21 -4- 2018). 175 STATE AMENDMENT Arunachal Pradesh Amendment of section 357B .In section 357B of the principal Act, for the words, figures and letters section 326A or section 376D of the Indian Penal Code the words, figures ad letters section 326A, 376D or section 376DA of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 20] 357C. Treatment of victims .All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first - aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 1[376A, 376A B, 376B, 376 C, 376D , 376DA, 376DB ] or section 376E of the Indian Penal Code (45 of 1860) , and shall immediately inform the police of such incident.] STATE AMENDMENT Arunachal Pradesh Amendment of 21 section 357C .In section 357C of the principal Act, for the words, figures and letters section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code the words, figures and letters section 326A, 376AA, 376B, 376C, 376D, 376DA or section 376E of the Indian Penal Code shall be substituted . [Vide Arunachal Pradesh Act 3 of 2019, s. 21] 358. Compensation to persons groundlessly arrested. (1) Whenever any person causes a po lice officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no suffi cient ground for causing such arrest, the Magistrate may award such compensation, not exceeding 2[one thousand rupees ], to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magist rate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding 5[one thousand rupees ], as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. 359. Order to pay costs in non -cognizable cases .(1) Whenever any complaint of a non - cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process -fees, witnesses and pleader's fees which the Court may consider reasonable. (2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. 360. Order to release on probation of good conduct or after admonition. (1) When any person not under twenty -one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty -one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment , direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon 1. Subs. by Act 22 of 2018 , s. 19, for 376A, 376B, 376C, 376D (w.e.f. 21 -4-2018). 2. Subs. by Act 25 of 2005, s. 30 , for one hundred rupees (w.e.f. 23 -6-2006). 176 during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record h is opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his

that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub -section (2). (2) Where proceedings are submitted to a Magistrate of the first class as provided by sub -section ( 1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thi nks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. (3) In any case in which a person is convicted of theft, theft in a buil ding, dishonest misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860), punishable with not more than two years, imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court b efore which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was com mitted, instead of sentencing him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub -section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted. (6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section. (7) The Court, before directing the release of an offender under sub -section ( 1), shall be satisfied that an offender or his sur ety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions. (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (9) An offender, when apprehen ded on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and su ch Court may, after hearing the case, pass sentence. (10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or the Children Act, 1960 (60 of 1960) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. 361. Special reasons to be recorded in certain cases. Where in any case the Court could have dealt with, (a) an accused person under section 360 or under the provisions of the Probation of Offe nders Act, 1958 (20 of 1958); or (b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time 177 being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in i ts judgment the special reasons for not having done so. 362. Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. 363. Copy of judgment to be given to the accused and other persons. (1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the p ronouncement of the judgment, be given to him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immedi ately given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub -section (2) shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. (5) Save as otherwise provided in sub -section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide. STATE AMENDMENT Karnataka Amendment of section 363.- In section 363 of the Code of Criminal Procedure, 1973 (Central Act of 1974), after the proviso to sub -section (5), the following proviso shall be inserted, namely: Provided further that the State shall, on an applicat ion made in this behalf by the P rosecuting Officer be given, free of cost, a certified copy of such judge ment, order, deposition or record with the prescribed endorsement . [Vide Karnataka Act 19 of 1985, s. 2.] 364. Judgment when to be translated. The original judgment shall be filed with the record of the proceedings a nd where the original is recorded in a language different from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record. 365. Court of Session to send copy of finding and sentence to District Magistrate. In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 366. Sentence of death to be submitted by Court of Session for confirmation. (1) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sente nce shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. 367. Power to direct further inquiry to be made or additional evidence to be taken. (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence 178 taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evi dence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or ev idence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. 368. Power of High Court to confirm sentence or annul conviction. In any case submitted under section 366, th e High Court (a) may confirm the sentence, or pass any other sentence warranted by law, or (b) may annul the conviction , and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. 369. Confirmation or new sentence to be signed by two Judges. In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be ma de, passed and signed by at least two of them. 370. Procedure in case of difference of opinion. Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by sectio n 392. 371. Procedure in cases submitted to High Court for confirmation. In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session. CHAPTER XXIX APPEALS 372. No appeal to lie unless otherwise provided .No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code by any other law for the time being in force: 1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.] 373. Appeal from orders requiring securi ty or refusal to accept or rejecting surety for keeping peace or good behaviour. Any person, (i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121, 1. Ins. by Act 5 of 2009, s. 29 (w.e.f. 31 -12-2009). 179 may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section ( 2) or sub -section ( 4) of section 122. 374. Appeals from convictions. (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial], may appeal to the High Court. (3) Save as otherwise provided in sub -section (2), any person, (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or (b) sentenced unde r section 325, or (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session. 2[(4) When an appeal has been filed against a sentence passed under section 376, sectio n 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.] STAT E AMENDMENT Assam In Section 374 of the Code, in clause ( a) of sub -section ( 3), for the words Magistrate of the first class, or of the second class, the words Magistrate of the first class, Executive Magistrate or a Magistrate of the second class, shal l be substituted. [Vide Assam Act 3 of 1984, s. 3( 3) and the Schedule. ] Manipur In section 374 of the Code, in clause (a) of sub -section (3) for the words Magistrate of the first class or of the second class the words Magistrate of the first class, Speci fied Executive Magistrate or Magistrate of the second class shall be substituted. [Vide Manipur Act 3 of 1985, s. 4(2) and The Schedule] 375. No appeal in certain cases when accused pleads guilty. Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal, (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second c lass, except as to the extent or legality of the sentence. 376. No appeal in petty cases. Notwithstanding anything contained in section 374, there shall be 1. Subs. by Act 45 of 1978, s. 28, for has been passed (w.e.f. 18 -12-1978). 2. Ins. by Act 22 of 2018, s. 20 (w.e.f. 21 -4-2018). 180 no appeal by a convicted person in any of the following cases, namely: (a) where a High Court passe s only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one

) where a High Court passe s only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried s ummarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence o f fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. 377. Appeal by the State Government against sentence. (1) Save as otherwise provided in sub -section (2), the State G overnment may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present 1[an appeal against the sentence on the ground of its inadequacy (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court .] (2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Poli ce Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 2[the Central Government may also direct] the Public Prosecutor to present 1[an appeal against the s entence on the ground of its inadequacy (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the senten ce is passed by any other Court ]. (3) When an appeal has been filed against the sentence on the groun d of its inadequacy, 3[the Court of Session or, as the case may be, the High Court] shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enha ncement and while showing cause, the accused ma y plead for his acquittal or for the reduction of the sentence. 4[(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal. ] 378. Appeal in case of acquittal. 5[(1) Save as otherwise provided in sub -section (2), and subject to the provisions of sub -sections (3) and (5), 1. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23 -6-2006). 2. Subs. by Act 45 of 1978, s. 2 9, for certain words (w.e.f. 18 -12-1978). 3. Subs. by Act 25 of 2005, s. 31, for the High Court (w.e.f. 23 -6-2006). 4. Ins. by Act 22 of 2018, s. 21 (w.e.f. 21 -4-2018). 5. Subs. by Act 25 of 2005, s. 32, for sub -section ( 1) (w.e.f. 23 -6-2006). 181 (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non -bailable offe nce; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court [not being an order under clause ( a)] or an ord er of acquittal passed by the Court of Session in revision.] (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishme nt Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may, subject to the provisions of sub -section ( 3), also direct the Public Prosecutor to p resent an appeal (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause ( a)] or an order of acquittal passed by t he Court of Session in revision ]. (3) 2[No appeal to the High Court] under sub -section (1) or sub -section (2) shall be entertained except with the leave of the High Cour t. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub -section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant , and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub -section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order o f acquittal shall lie under sub -section (1) or under sub -section (2). 379. Appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced hi m to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. 380. Special right of appeal in certain cases. Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. 381. Appeal to Court of Session how heard. (1) Subject to the pr ovisions of sub -section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may b e heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. (2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by gene ral or special order, make over to him or as the High Court may, by special order, direct him to hear. 382. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such peti tion shall (unless the Court to which it is presented otherwise directs) be 1. Subs. by Act 25 of 2005 , s. 32, for certain words (w.e.f. 23 -6-2006). 2. Subs. by s. 32, ibid., for No appeal (w.e.f . 23-6-2006). 182 accompanied by a copy of the judgment or order appealed against. STATE AMENDMENT Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep Section 38 2 shall be re -numbered as sub -section ( 1) of that section, and sub -section ( 1) as so re-numbered , the following provisos and Explanation shall be added, namely: Provided that where it is not practicable to file the petition of appe al to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of Sub -Divisi onal Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appe al is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper Appellate Court and sub -section (1) of section 389 with regard to suspension of sentence or release of a convicted person on bail: Provided further that the order so made by Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appe llate Court. Explanation :For the purposes of the provisos to this section , and section 383, Administrator , in relation to a Union territory means the Administrator appointed by the President under article 239 of the Constitution, for that Union territor y.; In section 382 after sub -section ( 1) as so re -numbered, the following sub -section shall be inserted, namely: (2) For purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Execu tive Magistrate under sub -section (1) or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court. ; [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 5.] 383. Procedu re when appellant in jail. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. STA TE AMENDMENT Union territories of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep In section 383, the following words shall be inserted at the end, namely: or if, by reason of the weather, transport or other difficulties, it is not p ossible to forward them to the proper Appellate Court they shall be forwarded to the Administrator or an Executive Magistrate, not below the rank of a Sub -Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, record thereon th e date of receipt thereof and thereafter forward the same to the proper Appellate Court. . [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] 384. Summary dismissal of appeal. (1) If upon examining the petition of app eal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: 183 Provided that (a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired. (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Co urt dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4) Where an appeal presented under section 383 has been dismissed summarily under this section and the Appell ate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the inte rests of justice so to do, hear and dispose of such appeal in accordance with law. 385. Procedure for hearing appeals not dismissed summarily. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given (i) to the appellant or his pleader; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the com plainant; (iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for ap peal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground. 386. Powers of the Appellate Court

the leave of the Court, urge or be heard in support of any other ground. 386. Powers of the Appellate Court. After perusing such record and hearing the app ellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interferin g, dismiss the appeal, or may (a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re -tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re -tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or 184 (ii) alter the finding, maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same (c) in an appeal for enhancement of sentence (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re -tried by a Court competent to try the offence, or (ii) alter the finding maintaining the sentence , or (iii) with or without altering the finding, alter the natur e or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper : Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. 387. Judgments of Subordinate Appellate Court. The rules contained in Chapter XXVII as to the judgment of a Criminal Court of or iginal jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered. 388. Order of High Court on appeal to be certified to lower Court. (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Courts judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith. 389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reas ons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be relea sed on bail, or on his own bond: 1[Provided that the Appellate Court shall, before rel easing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in w riting against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.] (2) The power conferred by this section on a Appell ate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. 1. Ins. by Act 25 of 2005, s. 33 (w.e.f. 23 -6-2006). 185 (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court sha ll, (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be releas ed on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub -section (1); and the sentence of imprisonment shall, so long as he i s so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sent enced. 390. Arrest of accused in appeal from acquittal. When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he i s brought may commit him to prison pending the disposal of the appeal or admit him to bail. 391. Appellate Court may take further evidence or direct it to be taken. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additi onal evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidenc e is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his pleader shall have the right to be present when the a dditional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry. 392. Procedure where Judges of Court of Appeal are equally divided. When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the ju dgment or order shall follow that opinion: Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re -heard and decided by a larger Bench of Judges. 393. Finality of judgments and orders on appeal. Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub -section (4) of section 384 or Chapter XXX: Provid ed that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, (a) an appeal against acquittal under section 378, arising out of the same case, or (b) an appeal for the e nhancement of sentence under section 377, arising out of the same case. 394. Abatement of appeals. (1) Every other appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine ) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near r elatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. 186 Explanation .In this section, near relative means a parent, spouse, lineal descendant, brother or sister. CHAPTER XXX REFERENCE AND REVISION 395. Reference to High Court. (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative , but has not been so declared by the High Co urt to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation. In this section, Regulation means any Regul ation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub -section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub -section (1) or sub -section (2) may, pending the decision of the High Cour t thereon, either commit the accused to jail or release him on bail to appear when called upon. 396. Disposal of case according to decision of High Court. (1) When a question has been so referred, the High Court shall pass such order thereon as it thinks f it, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid. 397. Calling f or records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself o r himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentenc e or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record. Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub -section and of section 398. (2) The powers of revision conferred by sub -section (1) shall not be exercised in relation to any interlocutory order pas sed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of th em. 398. Power to order inquiry. On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judic ial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub -section (4) of section 204, or into the case of any person accused of an offence who has been d ischarged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. 399. Sessions Ju dge's powers of revision. (1) In the case of any proceeding the record of which has been 187 called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub -section (1) of section 401. (2) Wher e any proceeding by way of revision is commenced before a Sessions Judge under sub -section (1), the provisions of sub -sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub -sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be f inal and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. 400. Power of Additional Sessions Judge. An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge. 401. High Court's powers of revision. (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opport unity of being heard either personally or by pleader in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief

application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with th e same accordingly. 402. Power of High Court to withdraw or transfer revision cases. (1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial make s an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge . (2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself. (3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applicat ions for revision have been disposed of by the Sessions Judge. 403. Option of Court to hear parties. Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its power s of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader. 188 404. Statement by Metropolitan Magistrate of ground s of his decision to be considered by High Court. When the record of any tri al held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to t he issue, and that Court shall consider such statement before overruling or setting aside the said decision or order. 405. High Court's order to be certified to lower Court. When a case is revised under this Chapter by the High Court or a Sessions Judge, i t or he shall, in the manner provided by section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. CHAPTER XXXI TRANSFER OF CRIMINAL CASES 406. Power of Supreme Court to transfer cases and appeals. (1) Whenever it is made to a ppear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Cou rt to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney -General of India or of a party interested, and every such applicatio n shall be made by motion, which shall, except when the applicant is the Attorney -General of India or the Advocate -General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this se ction is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case. 407. Power of High Court to transfer cases and appeals. (1) Whenever it is made to appear to the High Court (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subo rdinate thereto, or (b) that some question of law of unusual difficulty is likely to arise, or (c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedi ent for the ends of justice, it may order (i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular c ase or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application sh all lie to the High Court for transferring a case from one Criminal Court to 189 another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for an order under sub -section (1) shall be made by motion, which shall, except when the applicant is the Advocate -General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct h im to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub-section (7). (5) Every accused person making such application shall give to the Public Prosecutor n otice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the applications unless at least twenty -four hours have elapsed between the giving of such notice and the hearing of t he application. (6) Where the application is for the transfer of a case or appeal from any Subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of Justice, order that, pending the disposal of the applicat ion the proceedings in the Subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall n ot affect the Subordinate Court s power of remand under section 309. (7) Where an application for an orde r under sub -section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousa nd rupees as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub -section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of Government under section 197. 408. Power of Sessions Judge to transfer cases and appeals. (1) Whenever it is made to appear to a Sessions Judge that an order under this sub -section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act eit her on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub -sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge f or an order under sub -section (1) as they apply in relation to an application to the High Court for an order under sub -section (1) of section 407 , except that sub -section (7) of that section shall so apply as if for the words one thousand rupees occurrin g therein, the words two hundred and fifty rupees were substituted. STATE AMENDMENT Kerala Amendment of section 408. In section 408 of the principal Act, for the words any other Magistrate , the words other Magistrate of the first class , and for the words any Magistrate the words a Magistrate of the first class , shall be substituted. [Vide Kerala Act 5 of 1957, s. 3] 409. Withdrawal of cases and appeals by Session Judge. (1) A Sessions Judge may withdraw any case or appeal from, or recall any cas e or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. 190 (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Ju dge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub -section (1) or sub -section (2), he may either try the case in his own Court or hear the appe al himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be. STATE AMENDMENT Kerala Substitution of new section for section 409. For section 409 of the principal Act, the following section shall be substituted, namely: 409. Appeals to Court of Section how heard. An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an Additional Sessions Judge shall hear only such appeals as the State Government may, by general or special order, direct or as the Sessions Judge of the division may make over to him. [Vide Kerala Act 5 of 1957, s. 4.] 410. Withdrawal of cases by Judicial Magistrate. (1) Any Chief Judici al Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire int o or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub -section (2) of section 192 to any other Magistrate and may inquire into or try such case s himself. 411. Making over or withdrawal of cases by Executive Magistrate s.Any District Magistrate or Sub- Divisional Magistrate may (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. 412. Reasons to be recorded. A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it. CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.Death Sentences 413. Execution of order passed under section 368. When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. 414. Execution of sentence of death passed by High Court. When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by is suing a warrant. 415. Postponement of execution of sentence of death in case of appeal to Supreme Court. (1) Where a 191 person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub -clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such ap peal is disposed of. (2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub -clause (c) of clause (1) of article 1 34 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired. (3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of spec ial leave to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition. 416. Postponement of capital sentence on pregnant woman. If a woman sentenced to death is found to be pregnant, the High Court shall 1[****] , commute the sentence to imprisonment for life. B.Imprisonment 417. Power to appoint place of imprisonment. (1) Except when otherwise provided by any law f or the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined. (2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal jail under sub -section (2), he shall, on being released theref rom, be sent back to the civil jail, unless either (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may

section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be. 418. Execution of sentence of imprisonment. (1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is alre ady confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. 419. Direction of warrant for execution. Every warrant for the execution of a sentence of impr isonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. 1. Certain words omitted by Act 5 of 2009, s. 30 (w.e.f. 31 -12-2009). 192 420. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor. C.Levy of fine 421. Warrant for levy of fine. (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovabl e property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357. (2) The State Government may make rules regula ting the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of su ch warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub -section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 422. Effect of such warrant. A warrant issued under clause (a) of sub -section (1) of section 421 by any Court may be executed withi n the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found. 423. Warrant for l evy of fine issued by a Court in any territory to which this Code does not extend. Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Code does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends, authorising him to realise the amount as if it were an arrear of land revenue, s uch warrant shall be deemed to be a warrant issued under clause (b) of sub -section (1) of section 421 by a Court in the territories to which this Code extends, and the provisions of sub -section (3) of the said section as to the execution of such warrant sh all apply accordingly. 424. Suspension of execution of sentence of imprisonment. (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may (a) order that t he fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order a nd the other or others at an interval or at intervals, as the case may be, of not more than thirty days; (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without suretie s, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, as th e case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. 193 (2) The provisions of sub -section (1) shall be applicable also in an y case in which an order for the payment of money has been made on non -recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such a s is referred to in that sub -section, fails to do so, the Court may at once pass sentence of imprisonment. D.General provisions regarding execution 425. Who may issue warrant. Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor -in-office. 426. Sentence on escaped convict when to take effect. (1) When a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, s ubject to the provisions hereinbefore contained, take effect immediately. (2) When a sentence of imprisonment for a term is passed under this Code on an escaped convict , (a) if such sentence is severer in kind than the sentence which such convict was unde rgoing when he escaped, the new sentence shall take effect immediately; (b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment f or a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. (3) For the purposes of sub -section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple impr isonment. 427. Sentence on offender already sentenced for another offence. (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment f or life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sent enced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. 428. Period o f detention undergone by the accused to be set off against the sentence of imprisonment. Where an accused person has, on conviction, been sentenced to imprisonment for a term, 1[, not being imprisonment in default of payment of fine], the period of detent ion, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to unde rgo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: 2[Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen yea rs referred to in that section.] 429. Saving. (1) Nothing in section 426 or section 427 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of 1. Ins. by A ct 45 of 1978, s. 31 (w.e.f.18 -12-1978). 2. Ins. by Act 25 of 2005, s. 34 (w.e.f. 23 -6-2006). 194 imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences. 430. Return of warrant on execution of sentence. When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed. 431. Money ordered to be paid recoverable as a fine. Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub -section (1) of section 421, after the words and figures under section 357 , the words and figures or an order for payment of costs under section 359 had been inserted. E.Suspension, remission and commut ation of sentences 432. Power to suspend or remit sentences. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, sus pend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the st atement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriat e Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government m ay, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a male p erson above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and (a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub -sections shall also apply to any order passed by a Crimi nal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (7) In this section and in section 433, the expression appropriate Government means, (a) in cases where the sentence is for an offence against, or the order referred to in sub -section (6) is passed 195 under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases, the Government of the Sta te within which the offender is sentenced or the said order is passed. 433. Power to commute sentence. The appropriate Government may, without the consent of the person sentenced, commute (a) a sentence of death, for any other punishment provided by the I ndian Penal Code (45 of 1860); (b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine; (c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine; (d) a sentence of simple imprisonment, for fine. 1[433A. Restriction on powers of remission or commutation in certain cases. Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433

of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.] 434. Concurrent power of Central Government in case of death sentences. The powers conferred by sections 432 and 433 upon the State Government may, in the case of sentences of death, al so be exercised by the Central Government. 435. State Government to act after consultation with Central Government in certain cases. (1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case wher e the sentence is for an offence (a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence u nder any Central Act other than this Code, or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or (c) which was committed by a person in the service of the Central Government while a cting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after consultation with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Go vernment in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. 1. Ins. by Act 45 of 1978, s. 32 (w.e.f.18 -12-1978). 196 CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS 436. In what cases bail to be taken. (1) When any person other than a person accused of a non -bailable offence is arrested or detained without warrant by an officer in charge of a poli ce station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Cou rt, if he or it thinks fit, 1[may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail] from such person, discharge him on his executing a bond without sureties for his app earance as hereinafter provided. 2[Explana tion.Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:] Provided further that nothing in t his section shall be deemed to affect the provisions of sub -section (3) of section 116 3[or section 446A]. (2) Notwithstanding anything contained in sub -section (1), where a person has failed to comply with the conditions of the bail -bond as regards the ti me and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446. STATE AMENDMENT Uttar Pradesh In section 436 of the said Code, in sub -section (1), in the first proviso, for the word discharge the word release shall be substituted. [Vide Uttar Pradesh Act 1 of 1984, s. 10] 4[436A. Maximum period for which an undertrial prisoner can be detained .Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one -half of the maximum period of imprisonment specified for that offence under that law, he shall be released by th e Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one -half of the s aid period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonmen t provided for the said offence under that law. Explanation .In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.] 437. When bail may b e taken in case of non -bailable offence. 5[(1) When any person accused of, or suspected of, the commission of any non -bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Cou rt other than the High Court or Court of session, he may be released on bail, but 1. Subs. by Act 25 of 2005, s. 35, for certain words (w.e.f. 23 -6-2006). 2. Ins. by Act 25 of 2005 , s. 35, (w.e.f. 23 -6-2006). 3. Ins. by Act 63 of 1980, s. 4 (w.e.f. 23 -9-1980). 4. Ins. by Act 25 of 2005, s. 3 6 (w.e.f. 23 -6-2006). 5. Subs. by Act 63 of 1980, s. 5, for sub -section ( 1) (w.e.f. 23 -9-1980). 197 (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for lif e; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicte d on two or more occasions of 1[a cognizable offence punishable with imprisonment for three years or more but not less than seven years :] Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other s pecial reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and g ives an undertaking that he shall comply with such directio ns as may be given by the Court: ] 2[Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for sev en years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.] (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be , that there are not reasonable grounds for believing that the accused has committed a non -bailable offence, but that there are sufficient grounds for further inquiry into his guilt, 3[the accused shall, subject to the provisions of section 446A and pendin g such inquiry, be released on bail], or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence puni shable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under sub -section (1), 4[the Court shall impose the conditions, (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclos ing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary.] (4) An officer or a Court releasing any person on bail under sub -section ( 1) or sub -section ( 2), shall record in writing his or its 5[reasons or special reasons] for so doing. (5) Any Court which has released a person on bail under sub -section (1) or sub -section (2), may, if it considers it necessary so to do, direct that such p erson be arrested and commit him to custody. 1. Subs. by Act 25 of 2005, s. 37, for a non -bailable and cognizable offence (w.e.f. 23 -6-2006). 2. Ins. by Act 25 of 2005 , s. 37 (w.e.f. 23 -6-2006). 3. Subs . by Act 63 of 1980, s. 5, for certain words (w.e.f. 23 -9-1980). 4. Subs. by Act 25 of 2005, s. 37, for certain words (w.e.f. 23 -6-2006). 5. Subs. by Act 63 of 1980, s. 5, for reasons (w.e.f. 23 -9-1980). 198 (6) If, in any case triable by a Magistrate, the trial of a person accused of any non -bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, su ch person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion o f the trial of a person accused of a non -bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is i n custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered . STATE AMENDMENT Arunachal Pradesh Amendment of section 437. In section 437 of the principal Act, in sub -section (1), after the fourth proviso, th e following proviso shall be added, namely: - Provided also that no person shall, if the offence alleged to have been committed by him against woman is punishable with imprisonment for not less than seven years, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public prosecutor. [Vide Arunachal Pradesh Act 3 of 2019, s. 22] 1[437A. Bail to require accused to appear before next appellate Court. (1) Before conclusion of the trial and before disposal of t he appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.] STATE AMENDMENTS UTTAR PRADESH Inserti on of sections 438 in Act no. 2 of 1974 as amended in its application to Uttar Pradesh .In the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, after section 437 -A the following section shall be inserted, namely: - 438. Dire ction for grant of bail to person apprehending arrest. --(1) Where any person has reason to believe that he may be arrested on accusation or having committed a non -bailable offence, he may apply to the High Court or the Court of Session for a direction unde r this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely: - (i) the nature and gravity of the accusation; (ii) the antecedents of the applica nt including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the ob ject of injuring or humiliating the applicant by having him so arrested; 1. Ins. by Act 5 of 2009, s. 31 (w.e.f. 31 -12-2009) 199 either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub -section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in -charge of a police station to arrest, without warrant, the applicant on the basis of the accusation ap prehended in such application. (2) Where the High Court or, as the case may be, the Court of Session, considers it expedient to issue an interim order to grant anticipatory bail under sub -section (1), the Court shall indicate

Session, considers it expedient to issue an interim order to grant anticipatory bail under sub -section (1), the Court shall indicate therein the date, on which the application for grant of anticipatory bail shall be finally heard for passing an order thereon, as the Court may deem fit, and if the Court passes any order granting anticipatory bail, such order shall include inter alia the following conditions, namely: - (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of th e case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not leave India without the previous permission of the Court; and (iv) such other conditions as may be imposed under sub -section ( 3) of section 437, as if the bail were granted under that section. Explanation: -The final order made on an application for direction under sub -section (1); shall not be construed as an interlocutory order for the purpose of this Code. (3) Where the Court g rants an interim order under sub -section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. (4) On the date indicated in the interim order under sub -section (2), the Court shall hear the Public Prosecutor and the applicant and after due c onsideration of their contentions, it may either confirm, modify or cancel the interim order. (5) The High Court or the Court of Session, as the case may be, shall finally dispose of an application for grant of anticipatory bail under sub -section (1), with in thirty days of the date of such application. (6) Provisions of this section shall not be applicable, -- (a) to the offences arising out of, -- (i) the Unlawful Activities (Prevention) Act, 1967; (ii) the Narcotic Drugs and Psychotropic Substances Act, 198 5; (iii) the Official Secret Act, 1923; (iv) the Uttar Pradesh Gangsters and Anti -Social Activities (Prevention) Act, 1986. (b) in the offences, in which death sentence can be awarded. (7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session. 200 [Vide Uttar Pradesh 4 of 2019, s. 2] 438. Direction for grant of bail to person apprehending arrest .1[(1) Where any person has reason to believe that he may b e arrested on accusation of having committed a non -bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking i nto consideration, interalia, the following factors, namely: -- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and. (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwi th or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub -section or has rejected the application for grant of anticipa tory bail, it shall be open to an officer in -charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (1A) Where the Court grants an interim order under sub -section ( 1), it shall fo rthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court, (1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it b y the Public Prosecutor, the Court considers such presence necessary in the interest of justice.] (2) When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including - (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous perm ission of the Court; 1. Ins. by Act 25 of 2005, s. 38, for sub -section (1) (w.e.f. 23 -6-2006). 201 (iv) such other condition as may be imposed under sub -section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the f irst instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). 1[(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of ha ving committed an offence under sub -section ( 3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860).] STATE AMENDMENT S West Bengal. To sub -section ( 1) of section 438 of the principal Act, the following proviso shall be added: Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without gi ving the State not less than seven days notice to present its case. [Vide West Bengal Act 47 of 1981, s. 3. ] West Bengal. For sub -section ( 1) of section 438, of the principal Act the following sub -sections shall be substituted, namely: (1) (a) When any person has reason to believe that he may be arrested on an accusation of having committed a non -bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be relea sed on bail: Provided that the mere fact that a person has applied to the High Court or the Court of Session for a direction under this section shall not, in the absence of any order by that Court, be a bar to the apprehension of such person, or the detent ion of such person in custody, by an officer -in-charge of a police station. (b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a direction under this sub -section within thirty days of the date of such applic ation: Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State not less than seven days notice to present its case. 1. Ins. by Act 22 of 2018, s. 22 (w.e.f. 21 -4-2018). 202 (c) If any person is arrested and detained in custody by an officer -in-charge of a police station before the disposal of the application of such person for a direction under this sub -section, the release of such person on bail by a Court having juri sdiction, pending such disposal, shall be subject to the provisions of section 437. (1A) The provisions of sub -section ( 1) shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any judgment, decree or order of any Court, tribunal or other authority. . [Vide West Bengal Act 25 of 1990, s. 3] Orissa Amendment of section 438 .In section 438 of the Code of Criminal Procedure, 1973 (2 of 1974) , to sub-section (1), the following proviso shall be added, namely: Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application wi thout giving the State notice to present its case.: [Vide Orissa Act 11 of 1988, s. 2] Maharashtra Substitution of section 438 of Act 2 of 1974 .For section 438 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Mahara shtra, the following section shall be substituted, namely: - 438. Direction for giant of bail to person apprehending arrest .(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non -bailable offence, he m ay apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and High Court may, after taking into consideration, inter alia, the following factors: - (i) the nature an d gravity or seriousness of the accusation as apprehended by the applicant; (ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a Court previously undergone imprisonment for a term in respect of any cognizable of fence; (iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested, and (iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject the application forth with or issue an interim order for the grant of anticipatory bail: Provided that where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub -section or has rejected the application for grant of a nticipatory bail, it shall be open to an off icer in charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (2) Where the High Court or, as the case may be, the Court of Session, considers it expedient to issue an interim order to grant anticipatory bail under sub -section ( 1), the Court shall indicate therein 203 the date, on which the application for grant of, anticipatory bail shall be finally heard for passing on order thereon, as the Court may deem fit; and if the Court passes any order granting anticipatory bail, such order shall include inter alia the following conditions, namely: - (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any pol ice officer; (iii) that the applicant shall not leave India without the previous permission of the Court; and (iv) such other conditions as may be imposed under sub -section ( 3) of section 437 as if the bail was granted under that section. (3) Where the Cou rt grants an interim order under sub -section ( 1), it shall forthwith cause a notice, being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Commissioner of Police, or as the case may be, the concerned Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. (4) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice. (5) On the date indicated in the inte rim order under sub -section ( 2), the Court shall hear the Public Prosecutor and the applicant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order made under sub -section ( 1).] [Vide Maharashtra Act 24 of 1993, s. 2] Uttar Pradesh Section 438 of the said Code shall be omitted. [Vide Uttar Pradesh Act 16 of 1976, s. 9] 439. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct, (a) that any perso n accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub -section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub -section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Co urt of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give su ch notice. 1[Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub -section (3) of section 376 or section 376AB or section 3

offence triable under sub -section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Pen al Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.] 1. Ins. by Act 22 of 2018, s. 23 (w.e.f. 21 -4-2018). 204 1[(1A) The presence of the informant or any person authorised by him shall b e obligatory at the time of hearing of the application for bail to the person under sub -section ( 3) of section 376 or section 376AB or section 376DA or section DB of the Indian Penal Code (45 of 1860).] (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. STATE AMENDMENT Assam. 439-A. Power to grant bail .(1) Notwithstanding anything contained in this Code, no person (a) who, being accused or suspected of co mmitting an offe nce under any of the following S ections, namely, Sections 120B, 121, 121A, 122, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 o f the Indian Penal Code, 1860, Sections 3, 4, 5 and 6 of the Indian Explo sive Substances Act, 1908, and S ections 25,26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause ( a), has applied to the High Court or the Court of Sessions for a direction for his release on bail in the event of his arrest, shall be released on bail or as the case may be, directed to be releas ed on bail, except on one or more of the following grounds, namely: (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause ( a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the court including the High Court or the Court of Sessions for reasons to be recorded in writi ng is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail. [Vide Assam Act 3 of 1984, s. 5 .] 440. Amount of bond and reduction thereof. (1) The amount of every bond executed under this Chapte r shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. 441. Bond of accused and sureties. (1) Before any person is released on bail or released on his own bond, a 1. Ins. by Act 22 of 2018, s. 23 (w.e.f. 21 -4-2018). 205 bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more suffici ent sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the rele ase of any person on bail, the bond shall also contain that condition. (3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an en quiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness. STATE AMENDMENT Andhra Pradesh Amendment of Section 441 Central Act 2 of 1974. In the Code of Criminal Procedure, 1973 (hereinafter ref erred to as the Principal Act) in section 441, in sub -section ( 1), the following words sh all be added at the end, namely . and for imposition of a fine not exceeding the amount prescribed in the surety bond, in case the surety fails to produce the accuse d on the date fixed by the court in grave/serious offences. [Vide Andhra Pradesh Act 17 of 2019, s. 2 ] 1[441A. Declaration by sureties. Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.] 442. Discharge from custody. (1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 436 or section 437, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed. 443. Power to order sufficient bail when that first taken is insufficient. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on hi s failing so to do, may commit him to jail. 444. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates t o the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so 1. Ins. by Act 25 of 2005, s. 39 (w.e.f. 23 -6-2006). 206 released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. STATE AMENDMENT West Bengal In section 444 of the Principal Act, (1) in sub -section ( 1) after the words at any time, the words, on showing sufficient cause, shall be inserted; (2) after sub -section ( 1), the following sub -section shall be inserted: (1A) On such application be ing made, the Magistrate may either hold an inquiry himself, or cause an inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, in the application to discharge the bond as stated in sub -section ( 1); (3) for sub -section (2), the following sub -section shall be substituted: (2) If the Magistrate is satisfied, on enquiry made under sub -section (1A), that all or any of the sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the person so released be brought before him. [Vide West Bengal Act 24 of 2003, s. 3] 445. Deposit instead of recognizance. When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. STATE AMENDMENT West Bengal In section 445 of the principal Act, (a) the words with or without sureties shall be omitted; and (b) for the word permit, the word direct shall be substituted. [Vide West Bengal Act 24 of 2003, s. 4.] 446. Procedure when bond has been forfeited. (1) Where a bond under this Code is fo r appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond u nder this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Cour t shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation. A condition in a bond for appearance, or for production of property, before a Cour t shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if 207 such penalty were a fine imposed by it under this Code: 1[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Co urt ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.] (3) The Court may, 2[after rec ording its reasons for doing so ], remit any portion of the penalty mentioned and enforce payment in part only . (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an o ffence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. 3[446A. Cancellation of bond and bail bond. Without prej udice to the provisions of section 446, where a bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition, (a) the bond executed by such person as well as the bond, if any, executed by one or more of his su reties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that t here was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Code he may be released in that case upon the execution of a fresh personal bond for such sum o f money and bond by one or more of such sureties as the Police Officer or the Court, as the case may be, thinks sufficient.] 447. Procedure in case of insolvency of death of surety or when a bond is forfeited. When any surety to a bond under this Code beco mes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh securiti es in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. 448. Bond required from minor. When the person required by any Court, or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. 449. Appeal from orders under section 446. All orders passed under section 446 shall be appealable , (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court. 450. Power to direct levy of amount due on certain r ecognizances. The High Court or Court of Sessions may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. CHAPTER XXXIV 1. Added by Act 63 of 1980, s. 6 (w.e.f. 23 -9-1980). 2. Subs. by Act 25 of 2005, s. 40, for at its discretion (w.e.f. 23 -6-2006). 3. Ins. by Act 63 of 1980, s. 7 (w.e.f. 23 -9-1980). 208 DISPOSAL OF PROPERTY 451. Order for custody and disposal of prop erty pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it

such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation. For the purposes of this section, property includes (a) property of any kind or document which is produced before the C ourt or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commiss ion of any offence. 452. Order for disposal of property at conclusion of trial. (1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to an y person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub -section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub -section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub -section (2), an order made under sub -section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term property includes, in the case of property r egarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. 453. Payment to innocent purchaser of money found on accused. When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him. 454. Appeal against orders under section 452 or section 453. (1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appel late Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub -section (2) may also be exercised by a Court of appeal, con firmation or revision while dealing with the case in which the order referred to in sub -section (1) was made. 455. Destruction of libellous and other matter. (1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted. 209 (2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code (45 of 1860), order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed. 456. Power to re store possession of immovable property. (1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has b een dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: Provided that no suc h order shall be made by the Court more than one month after the date of the conviction. (2) Where the Court trying the offence has not made an order under sub -section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such orde r while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub -section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property by an y police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such proper ty or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the prop erty to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall , in such case, issue a proclamation specifying the articles of which such property consists, and requ iring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. 458. Procedure where no claimant appears within six months. (1) If no person within such period establishes hi s claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed. (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate. 459. Power to sell perishable property. If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is 1[less than five hundred rupees ], the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proce eds of such sale. CHAPTER XXXV IRREGULAR PROCEEDINGS 460. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely: (a) to issue a search -warrant under section 94; (b) to order, unde r section 155, the police to investigate an offence; 1. Subs. by Act 25 of 2005 , s. 41, for less than ten rupees (w.e.f. 23 -6-2006). 210 (c) to hold an inquest under section 176; (d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such ju risdiction; (e) to take cognizance of an offence under clause (a) or clause (b) of sub -section (1) of section 190; (f) to make over a case under sub -section (2) of section 192; (g) to tender a pardon under section 306; (h) to recall a case and try it himse lf under section 410; or (i) to sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. 461. Irregularities which vitiate proceed ings. If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely: (a) attaches and sells property under section 83; (b) issues a search -warrant for a document, parcel or other things in the custody of a postal o r telegraph authority; (c) demands security to keep the peace; (d) demands security for good behaviour; (e) discharges a person lawfully bound to be of good behaviour; (f) cancels a bond to keep the peace; (g) makes an order for maintenance; (h) makes an order under section 133 as to a local nuisance; (i) prohibits, under section 143, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter X; (k) takes cognizance of an offence under clause (c) of sub -section (1) of section 190; (l) tries an offender; (m) tries an offender summarily; (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 397, for proceedings; or (q) revises an o rder passed under section 446, his proceedings shall be void. 462. Proceedings in wrong place. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub -division or other local area, unless it appears that such error has in fact occasioned a failure of justice. 463. Non -compliance with provisions of section 164 or section 281.(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of su ch sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained 211 in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non -compliance, and may, if satisfied that such non -compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. 464. Effect of omiss ion to frame, or absence of, or error in, charge. (1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the c harge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may, (a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommended from the point immediately after the framing of the charge; (b) in the case of an error, om ission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accus ed in respect of the facts proved, it shall quash the conviction. 465. Finding or sentence when reversible by reason of error , omission or irregularity. (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court o f competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or du ring trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining wh ether any error, omission or irregularity in any proceeding under this Code, or any error , or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 466. Defect or error not to make attachment unlawful. No attachment made under this Code shall be deemed unlawful, nor shall any per son making the same be deemed a trespasser, on account of a ny defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XXXVI1 LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 467. Definitions. For the purposes of this Chapter, unless the context other wise requires, period of limitation means the period specified in section 468 for taking cognizance of an offence. 468. Bar to taking cognizance after lapse of the period of limitation. (1) Except as otherwise provided elsewhere in this Code, no Court sh all take cognizance of an offence of the category specified in sub -section (2), after the expiry of the period of limitation. (2) The period of limitation shall be (a) six months, if the offence is punishable with fine only; (b) one year, if the offence i s

(a) six months, if the offence is punishable with fine only; (b) one year, if the offence i s punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not 1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), s. 2 and Sch. 212 exceeding three years. 1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.] 469. Commencement of the period of limitation. (1) The period of limitation, in relation to an offender, shall commence, (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offe nce or to the police officer making investigation into the offence, whichever is earlier. (2) In computing the said period, the day from which such period is to be computed shall be excluded. 470. Exclusion of time in certain cases. (1) In computing the pe riod of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclu sion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) Where the institution of the prosecution in res pect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be exc luded. (3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation. In computing the time required for obtaining the consent or san ction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period o f limitation, the time during which the offender (a) has been absent from India or from any territory outside India which is under the administration of the Central Government, or (b) has avoided arrest by absconding or concealing himself, shall be exclu ded. 471. Exclusion of date on which Court is closed. Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens. Explanation. A Court shall be deemed to be closed on any da y within the meaning of this section, if, during its normal working hours, it remains closed on that day. 472. Continuing offence. In the case of a continuing offence, a fresh period of limitation shall begin to run at 1. Ins. by Act 45 of 1978, s . 33 (w.e.f. 18.12.1978). 213 every moment of the time during which the offence continues. 473. Extension of period of limitation in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. STATE AMENDMENT Andhra Pradesh and Telangana Chapter XXXVI of Code of Criminal Procedur e, 1973 not to apply to certain offences. -Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973, shall apply to - (i) any offences punishable under any of the enactments specified in the Schedule; or (ii) any other offences, which under the provi sions of that Code, may be tried along with such offences, and every offence referred to in clause (i) or clause (ii), may be taken cognizance of by the court having jurisdiction as if the provisions of that Chapter were not enacted. [Vide the Andhra Prade sh Act 17 of 1982, s. 2] CHAPTER XXXVII MISCELLANEOUS 474. Trials before High Courts. When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions wou ld observe if it were trying the case . 475. Delivery to commanding officers of persons liable to be tried by Court -martial. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1 957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air -force law, or such other law, shall be tried by a Cour t to which this Code applies, or by a Court -martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court -martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval o r air-force station, as the case may be, for the purpose of being tried by a Court -martial. Explanation. In this section (a) Unit includes a regiment, corps, ship, detachment, group, battalion or Company, (b) Court -martial includes any Tribunal with t he powers similar to those of a Court -martial constituted under the relevant law applicable to the Armed Forces of the Union. (2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of s oldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court -martial for trial or to be examined touching any matter pending before the Court -martial. 476. Forms. Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. 477. Power of High Court to make rules. (1) Every High Court may, with the previous approval of the State Gove rnment, make rules (a) as to the persons who may be permitted to act as petition -writers in the Criminal Courts subordinate to it; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged b y them; 214 (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed; (d) any other matter which is required to be, or may be, prescribed. (2) All rules made under this section shall be published in the Official Gazette. 1[478. Power to alter functions allocated to Executive Magistrate in certain cases. If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.] STATE AMENDMENT Union territor ies of Andaman and Nicobar Islands , Dadra and Nagar Haveli and Lakshadweep In the Code, as it applies to the Union territories to which this Regulation extends, in sections, 478, the words if the State Legislature by a resolution so requires. Shall be om itted. [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 6] Maharashtra Amendment of section 478 of Act 2 of 1974 .In section 478 of the said Code, in clause (b), for the words to and Executive Magistrate shall be const rued the words to and Executive Magistrate in the areas of the State outside Greater Bombay shall be construed shall be substituted. [Vide Maharashtra Act 1 of 1978, s. 4] 479. Case in which Judge or Magistrate is personally interested. No Judge or Mag istrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or ord er passed or made by himself. Explanation. A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. 480. Practising pleader not to sit as Magistrate in ce rtain Courts. No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. STATE AMENDMENT Karnataka Insertion of new section 480A. After section 480 of the C ode of Criminal Procedure, 1973 (Central Act 2 of 1974) the following Section shall be inserted, namely: 480A. Other powers of Magistrate .Any Judicial Magistrate or Executive Magistrate shall be entitled to attest, verify or authenticate any document br ought before him for the purpose of attestation, verification or authentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being in force. . [Vide Karnataka Act 35 of 1984, s. 2] 481. Public servant concer ned in sale not to purchase or bid for property. A public servant having any 1. Subs. by Act 63 of 1980, s. 8, for s. 478 (w.e.f. 23 -9-1980). 215 duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property. 482. Saving of inherent powers of High Court. Nothing in th is Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice . 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates. 484. Repeal and savings. (1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed. (2) Notwithstanding such repeal (a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force: Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code; (b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been published, issued, conferred, prescr ibed, defined, passed or made under the corresponding provisions of this Code; (c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given u nder the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of consent; (d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution. (3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such app lication to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time. STATE AMENDMENT Uttar Pradesh In section 48 4 of said Code, in sub -section (2), after clause (d), the following

Uttar Pradesh In section 48 4 of said Code, in sub -section (2), after clause (d), the following clause shall be inserted and be deemed always to have been inserted, namely : (e) the provisions of the United Provinces Borstal Act, 1938, the United Provinces first Offenders Probati on Act, 1938 and the Uttar Pradesh Children Act, 1951, shall continue in force in the State of Uttar Pradesh until altered or repealed or amended by the Competent Legislature or other competent authority, and accordingly, the provisions of section 360 of t his Code shall not apply to that State, and the provisions of section 361 shall apply with the substitution of references to the Central Acts named therein by references to the corresponding Acts in force in that State. [Vide Uttar Pradesh Act 16 of 1976, s. 10] 216 Uttar Pradesh In section 484 of the said Code, in sub -section (2), the clause (a), after the proviso, the following further proviso shall be inserted, namely : Provided further that the provisions of section 326 of this Code as amended by the Cod e of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 shall apply also to every trial pending in a Court of Session at the commencement of this Code and also pending at the commencement of the code of Criminal Procedure (Uttar Pradesh Amendment) Act , 1983. [Vide Uttar Pradesh Act 1 of 1984, s. 11] 217 THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES : (1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which i s given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section. (2) In this Schedule, ( i) the expression Magistrate of the first class and Any Magistrate include Metropolitan Magistrates but not Executive Magistrates; ( ii) the word cognizable stands for a police officer may arrest without warrant ; and ( iii) the word non-cognizable stands for a police officer shal l not arrest without warrant . I.OFFENCES UNDER THE INDIAN PENAL CODE Section Offence Punishment Cognizable or non - cognizable Bailable or Non - bailable By what Court triable 1 2 3 4 5 6 CHAPTER V. ABETMENT 109 Abetment of any offence, if the ac t abetted is committed in consequence, and where no express provision is made for its punishment. Same as for offence abetted. According as offence abetted is cognizable or non -cognizable. According as offence abetted is bailable or non - bailable. Court by which offence abetted is triable. 110 Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor. Ditto Ditto Ditto Ditto. 111 Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. Same as for offence intended to be abetted. Ditto Ditto Ditto. 113 Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. Same as for offence committed. Ditto Ditto Ditto. 114 Abetment of any offence, if abettor is present when offence is committed. Ditto Ditto Ditto Ditto. 115 Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. Impr isonment for 7 years and fine. Ditto Non-bailable Ditto. If an act which causes harm be done in consequence of the abetment. Imprisonment for 14 years and fine. Ditto Ditto Ditto. 116 Abetment of any offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. Ditto According as offence abetted is bailable or non - bailable. Ditto. If the abettor or the pers on abetted be a public servant whose duty it is to prevent the offence. Imprisonment extending to half of the longest term provided for the offence, or fine, or both. Ditto Ditto Ditto. 218 1 2 3 4 5 6 117 Abetting the commission of an offen ce by the public or by more than ten persons. Imprisonment for 3 years, or fine, or both. According as offence abetted is cognizable or non -cognizable. According as offence abetted is bailable or non - bailable. Court by which offence abetted is triable. 118 Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed. Imprisonment for 7 years and fine. Ditto Non-bailable. Ditto. If the offence be not committed Imprisonment for 3 years and fine. Ditto Bailable. Ditto. 119 A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. Imprisonment extending to half of the longest term provided for the offence, or fine, or both. Ditto According a s offence abetted is bailable or non - bailable. Ditto. If the offence be punishable with death or imprisonment for life. Imprisonment for 10 years. Ditto Non-bailable. Ditto. If the offence be not committed. Imprisonment extending to a quarter part of t he longest term provided for the offence, or fine, or both. Ditto Bailable. Ditto. 120 Concealing a design to commit an offence punishable with imprisonment, if offence be committed. Ditto Ditto According as offence abetted is bailable or non - bailable. Ditto. If the offence be not committed. Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both. Ditto Bailable. Ditto. CHAPTER VA. CRIMINAL CONSPIRACY 120B Criminal conspiracy to commit an offence punishab le with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. Same as for abetment of the offence which is the object of the conspiracy. According as the offence which is the object of conspiracy is cognizable or non - cogni zable. According as offence which is object of conspiracy is bailable or non - bailable. Court by which abetment of the offence which is the object of conspiracy is triable. Any other criminal conspiracy. Imprisonment for 6 months, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. CHAPTER VI. OFFENCES AGAINST THE STATE 121 Waging or attempting to wage war, or abetting the waging of war, against the Government of India. Death, or imprisonment for life and fine. Cogniz able. Non-bailable. Court of Session. 121A Conspiring to commit certain offences against the State. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 122 Collecting arms, etc., with the intention of waging war against the G overnment of India. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 123 Concealing with intent to facilitate a design to wage war. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 124 Assaulting President, Governo r, etc., with intent to compel or restrain the exercise of any lawful power. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 219 1 2 3 4 5 6 124A Sedition Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine. Cognizable Non-bailable Court of Session. 125 Waging war against any Asiatic power in alliance or at peace with the Government of India, or abetting the waging of such war. Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. Ditto Ditto Ditto. 126 Committing depredation on the territories of any power in alliance or at peace with the Government of India. Imprisonment for 7 years and fine, and forfeiture of certain property. Ditto Ditto. Ditto. 127 Receiving property taken by war or depredation mentioned in sections 125 and 126. Ditto. Ditto Ditto Ditto. 128 Public servant voluntarily allowing prisoner of State or war in his custody to escape. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 129 Public servant negligently suffering prisoner of State of war in his custody to escape. Simple imprisonment for 3 years and fine. Ditto Bailable Magistrate of the first class. 130 Aiding escape of, rescuing or harbouring, such prisoner, or offering any resis tance to the recapture of such prisoner. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Non-bailable Court of Session. CHAPTER VII. OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 131 Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session. 132 Abetment of mutiny, if mutiny is committed in consequence thereof. Death, o r imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 133 Abetment of an assault by an officer, soldier, sailor or airman on his superior officer, when in the execution of his office. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 134 Abetment of such assault, if the assault is committed. Imprisonment for 7 years and fine. Ditto Ditto Ditto 135 Abetment of the desertion of an officer, soldier, sailor or airman. Imprisonment for 2 years, or fine, or both. Ditto Bailable Any Magistrate. 136 Harbouring such an officer,. soldier, sailor or airman who has deserted. Ditto Ditto Ditto Ditto. 137 Deserter concealed on board merchant vessel, through negligence of master or person in charge t hereof. Fine of 500 rupees. Non-cognizable Ditto. Ditto. 138 Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence. Imprisonment for 6 months, or fine, or both. Cognizable Ditto. Ditto. 140 Wearing the dress or carrying any token used by a soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman. Imprisonment for 3 months, or fine of 500 rupees, or both. Ditto. Ditto Ditto CHAPTER VIII. OFFENCES AGAINST THE PUBLIC TRANQUILITY 143 Being member of an unlawful assembly. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate. 144 Joining an unlawful assembly armed wit h any deadly weapon. Imprisonment for 2 years, or fine, or both. Ditto Bailable Ditto 145 Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse. Ditto Ditto Ditto Ditto. 147 Rioting. Ditto Ditto Ditto Ditto. 220 1 2 3 4 5 6 148 Rioting, armed with a deadly weapon. Imprisonment for 3 years, or fine, or both. Ditto Ditto Magistrate of the first class. 149 If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. The same as for the offence. According as offence is cognizable or non - cognizable According as offence is bailable or non -bailable The Court by which the offence i s triable. 150 Hiring, engaging or employing persons to take part in an unlawful assembly. The same as for a member of such assembly, and for any offence committed by any member of such assembly. Cognizable Ditto Ditto. 151 Knowingly joining or continui ng in any assembly of five or

. Cognizable Ditto Ditto. 151 Knowingly joining or continui ng in any assembly of five or more persons after it has been commanded to disperse. Imprisonment for 6 months, or fine or both. Ditto Bailable Any Magistrate. 152 Assaulting or obstructing public servant when suppressing riot, etc. Imprisonment for 3 yea rs, or fine, or both. Ditto Ditto Magistrate of the first class. 153 Wantonly giving provocation with intent to cause riot, if rioting be committed. Imprisonment for 1 year, or fine, or both. Ditto Ditto Any Magistrate. If not committed. Imprisonment for 6 months, or fine, or both. Ditto Ditto Magistrate of the first class. 153A Promoting enmity between classes. Imprisonment for 3 years, or fine, or both. Ditto Non-bailable Ditto Promoting enmity between classes in place of worship, etc . Imprisonment for 5 years, and fine. Ditto Ditto Ditto 1[153A A Knowingly carrying arms in any procession or organising or holding or taking part in any mass drill or mass training with arms. Imprisonment for 6 months and fine of 2,000 rupees Ditto Ditto Any Magistrate.] 153B Imputations, assertions prejudicial to national integration. Imprisonment for 3 years, or fine, or both. Ditto Ditto 2[Magistrate of the first - class.] If committed in a place of public worship, etc. Imprisonment for 5 years and f ine. Ditto Ditto Ditto 154 Owner or occupier of land not giving information of riot, etc. Fine of 1,000 rupees. Non-cognizable Bailable Any Magistrate. 155 Person for whose benefit or on whose behalf a riot takes place not using all lawful mea ns to prevent it. Fine Ditto Ditto Ditto. 156 Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it. Ditto Ditto Ditto Ditto 157 Harbouring persons hired for an unlawful assembly. Imprisonment for 6 months, or fine, or both. Cognizable Ditto Ditto 158 Being hired to take part in an unlawful assembly or riot. Ditto Ditto Ditto Ditto Or to go armed. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto 160 Committing affray Imprisonment for on e month, or fine of 100 rupees or both. Ditto Ditto Ditto. 1. Ins. by Act 25 of 2005, s. 42 (date yet to be notified, see appendix) 2. Subs. by s. 42, for Ditto, ibid. (date yet to be notified, see appendix) 221 1 2 3 4 5 6 CHAPTER IX. OFFENCES BY OR RELATING TO PUBLIC SERVANTS CHAPTER IXA.OFFENCES RELATING TO ELECTIONS 171E Bribery. Imprisonment for 1 year or fine, or bo th, or if treating only, fine only. Non-cognizable Ditto Magistrate of the first class. 171F Undue influence at an election. Personation at an election Imprisonment for one year, or fine, or both. Ditto Ditto Cognizable Ditto Ditto Ditto. Ditto. 171G False statement in connection with an election. Fine Non-cognizable Ditto Ditto. 171H Illegal payments in connection with elections. Fine of 500 rupees. Ditto. Ditto. Ditto. 171-I Failure to keep election accounts. Ditto Ditto Ditto Ditto. 1. Ins. by Act 13 of 2013, s. 24 (w.e.f. 3 -2-2013). 161 Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an offic ial act. Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Magistrate of the first class. 162 Taking a gratification in order, by corrupt or illegal means, to influence a public servant. Ditto Ditto Ditto Ditto. 163 Taking a gratification for the exercise of personal influence with a public servant. Simple imprisonment for 1 year, or fine, or both. Ditto Ditto Ditto. 164 Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto. 165 Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by such public servant. Ditto Ditto Ditto Ditto. 165A Punishment for abetment of offences punishable under section 161 or section 165. Ditto Ditto Ditto Ditto. 166 Public servant disobeying a direction of the law with intent to cause injury to any person. Simple imprisonment for 1 year, or fine, or both. Non-cognizable Bailable Ditto. 1[166A Public servant disobeying direction under law Imprisonment for minimum 6 months which may extend to 2 years and fine. Cognizable Bailable Magistrate of the first class 166B Non-treatment of victim by hospital Imprisonment for 1 year or fine or both. Non-cognizable Bailable Magistrate of the first class.] 167 Public servant framing an incorrect document with intent to cause injury. Imprisonment for 3 years, or fine, or both. Cognizable Ditto. Ditto. 168 Public servant unlawfully engaging in trade. Simple imprisonment for 1 year, or fine, or both. Non-cognizable Ditto Ditto. 169 Public servant unlawfully buying or bidding for property. Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased. Ditto. Ditto. Ditto. 170 Personating a public servant. Imprisonment for 2 years or fine, or both . Cognizable Non-bailable Any Magistrate. 171 Wearing garb or carrying tok en used by public servant with fraudulent intent. Imprisonment for 3 months, or fine of 200 rupees, or both. Ditto Bailable Ditto. 222 1 2 3 4 5 6 CHAPTER X.CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 172 Absconding to avoid service of summons or other proceeding from a public servant. Simple imprisonment for 1 month, or fine of 500 rupees, or both. Non-cognizable Bailable Any Magistrate. If summons or notice require attendance in person, etc., in a Court of Justice. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both Ditto Ditto Ditto. 173 Preventing the service or the affixing of any summons of notice, or the removal of it when it has been affixed, or preventing a proclamation. Simple imprisonment for 1 month, or fine of 500 rupees, or both. Ditto Ditto Ditto. If summons, etc., require attendance in person, etc., in a Court of Justice. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both Ditto Ditto Ditto. 174 Not obeying a legal order to attend at a certain place in person or by agent, or departing there from without authority. Simple imprisonment for 1 month, or fine of 500 rupees, or both. Ditto Ditto Ditto. If the order requires personal attendance, etc., in a Court of Justice. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 1[174A Failure to appear at specified place and specified time as required by a proclamation published under sub -section ( 1) of section 82 of this Code Imprisonment for 3 years, or with fine, or with both Cognizable Non-bailable Magistrate of the first class. In a case where declaration has been made under sub -section ( 4) of section 82 of this Code pronouncing a person as proclaimed offender Imprisonment for 7 years and fine Ditto Ditto Ditto]. 175 Intentionally omitting to produce a document to a public servant by a person legally bound to produce or de liver such document. Simple imprisonment for 1 month, or fine of 500 rupees, or both. 2[Non - cognizable] 2[Bailable] The Court in which the offence is committed, subject to the provisions of Chapter XXVI; or, if not committed, in a court, any Magistrat e. If the document is required to be produced in or delivered to a Court of Justice. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto. Ditto. Ditto. 176 Intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information. Simple imprisonment for 1 month, or fine of 500 rupees, or both. Ditto. Ditto. Any Magistrate. If the notice or information required respects the commission of an offence, etc. Simple impris onment for 6 months, or fine of 1,000 rupees, or both. Ditto. Ditto. Ditto. If the notice or information is required by an order passed under sub -section (1) of section 356 of this Code. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 177 Knowingly furnishing false information to a public servant. Ditto Ditto Ditto Ditto. If the information required respects the commission of an offence, etc. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 1. Ins. by Act 25 of 2005, s. 42 (w.e.f. 23 -6-2006). 2. Subs. by s. 42, ibid., for the word Ditto , for the respective entries in column 4 and 5 relating to s.175 (w.e.f. 23 -6-2006). 223 1 2 3 4 5 6 178 Refusing oath when duly required to take oath by a public servant. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both. Non-cognizable Bailable The Court in which the offence is committed, subject to the provisions of Chapter XXVI ; or, if not committed in a Court, any Magistrate. 179 Being legally bound to state truth, and refusing to answer questions. Ditto Ditto Ditto Ditto. 180 Refusing to sign a statement made to a public servant when legally requ ired to do so. Simple imprisonment for 3 months, or fine of 500 rupees, or both. Ditto Ditto Ditto. 181 Knowingly stating to a public servant on oath as true that which is false. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 182 Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Any Magistrate. . 183 Resistance to the ta king of property by the lawful authority of a public servant. Ditto Ditto Ditto Ditto. 184 Obstructing sale of property offered for sale by authority of a public servant. Imprisonment for 1 month, or fine of 500 rupees, or both. Ditto Ditto Ditto . 185 Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without intending to perform the obligations incurred thereby. Imprisonment for 1 month, or fine of 200 rupees, or both. Ditto Ditto Ditto . 186 Obstructing public servant in discharge of his public functions. Imprisonment for 3 months, or fine of 500 rupees, or both. Ditto Ditto Ditto . 187 Omission to assist public servant when bound by law to give such assistance. Simple impri sonment for 1 month, or fine of 200 rupees, or both. Ditto Ditto Ditto . Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. Simple imprisonment for 6 months, or fine of 500 rupees, or both. Ditto Ditto Ditto . 188 Disobedience to an order lawfully promulgated by a public servant, if

Ditto Ditto . 188 Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Simple imprisonment for 1 month, or fine of 200 rupees, or both. Cognizable Ditto Ditto . If such disobedience causes danger to human life, health or safety, etc. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Ditto . 189 Threatening a public servant with injury to him or one in whom he is inte rested, to induce him to do or forbear to do any official act. Imprisonment for 2 years, or fine, or both. Non- cognizable Ditto Ditto . 190 Threatening any person to induce him to refrain from making a legal application for protection from injury. Imprisonment for 1 year, or fine, or both. Ditto Ditto Ditto. 224 1 2 3 4 5 6 CHAPTER XI. FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 193 Giving or fabricating false evidence in a judicial proceeding. Imprisonment for 7 years and fine. Non-cognizab le Bailable Magistrate of the first class. Giving or fabricating false evidence in any other case Imprisonment for 3 years and fine. Ditto Ditto Any Magistrate. 194 Giving or fabricating false evidence with intent to cause any person to be convicted of capital offence. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Ditto Non- bailable Court of session. If innocent person be thereby convicted and executed. Death, or as above. Ditto Ditto Ditto. 195 Giving or fabricating false ev idence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. The same as for the offence. Ditto Ditto Ditto. 1[195A Threatening any person to give false evidence. Imprisonment f or 7 years, or fine, or both. Cognizable Ditto Court by which offence of giving false evidence is triable. If innocent person is convicted and sentenced in consequence of false evidence with death, or imprisonment for more than seven years. The same as f or the offence. Ditto Ditto Ditto] 196 Using in a judicial proceeding evidence known to be false or fabricated. The same as for giving or fabricating false evidence. 2[Non -cognizable] According as offence of giving such evidence is bailable or non - bailabl e. Court by which offence of giving or fabricating false evidence is triable. 197 Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence. Ditto Ditto Bailable Court by which offenc e of giving false evidence is triable. 198 Using as a true certificate one known to be false in a material point. Ditto Ditto Ditto Ditto . 199 False statement made in any declaration which is by law receivable as evidence. Ditto Ditto Ditto Ditto . 200 Using as true any such declaration known to be false. Ditto Ditto Ditto Ditto . 201 Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence. Imprisonment for 7 years and fine. According as the offence in relation to which disappearance of evidence is caused is cognizable or non - cognizable. Ditto Court of Session. If punishable with imprisonment for life or imprisonment for 10 years. Imprisonment for 3 years and fine. Non-cognizable Ditto Magistrate of the first class. If punishable with less than 10 years imprisonment. Imprisonment for a quarter of the longest term provided for the offence, or fine, or both. Ditto Ditto Court by which the offence is triable . 202 Intentional omission to give information of an offence by a person legally bound to inform. Imprisonment for 6 months, or fine, or both . Ditto Ditto Any Magistrate. 203 Giving false information respecting an offence committed. Imprisonment for 2 ye ars, or fine, or both. Ditto Ditto Ditto. 1. Ins. by Act 2 of 2006, s. 7 (w.e.f. 16 -4-2006). 2. Subs. by s. 7, ibid. for the word Ditto , occurring in column 4 relating to s.1 96 (w.e.f. 16 -4-2006). 225 1 2 3 4 5 6 204 Secreting or destroying any document to prevent its production as evidence. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class. 205 False personat ion for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto 206 Fraudulent removal or concealment, etc., of property to prevent its seizu re as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. Imprisonment for 2 years, or fine, or both. Ditto Ditto Any Magistrate. 207 Claiming property without right, or practicing deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. Ditto Ditto Ditto Ditto. 208 Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied. Ditto Ditto Ditto Magistrate of the first class. 209 False claim in a Court of Justice. Imprisonment for 2 years and fine. Ditto Ditto Ditto. 210 Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied. Imprisonment for 2 years, or fine , or both. Ditto Ditto Ditto. 211 False charge of offence made with intent to injure. Ditto Ditto Ditto Ditto. If offence charged be punishable with imprisonment for 7 years or upwards. Imprisonme nt for 7 years and fine. Ditto Ditto Ditto If offence charged be capital or punishable with imprisonment for life. Ditto Ditto Ditto Court of Session. 212 Harbouring an offender, if the offence be capital. Imprisonment for 5 years and fine. Cognizable Ditto Magistrate of the first class. If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Ditto Ditto Ditto. If punishable with imprisonment for 1 year and not for 10 years. Imprisonment for a quarter of the longest term, and of the descriptions, provided for the offence, or fine, or both. Ditto Ditto Ditto. 213 Taking gift, etc., to screen an offender from punishment if the offence be capital. Imprisonment for 7 years and fine. Ditto Ditto Ditto. If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Ditto Ditto Ditto. If punishable with imprisonment for less than 10 years. Imprisonment for a quarter of the longest term provided for t he offence, or fine, or both. Ditto Ditto Ditto. 214 Offering gift or restoration of property in consideration of screening offender if the offence be capital. Imprisonment for 7 years and fine. Non-cognizable Ditto Ditto. If punishable with imprisonmen t for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Ditto Ditto Ditto. If punishable with imprisonment for less than 10 years. Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both. Ditto Ditto Ditto. 215 Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender. Imprisonment for 2 years, or fine, or both. Cognizable Ditto Ditto. 226 1 2 3 4 5 6 216 Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital. Imprisonment for 7 years and fine. Cognizable Bailable Magistrate of the first class. If punishable with imprisonment for life or with imprison ment for 10 years. Imprisonment for 3 years, with or without fine. Ditto Ditto Ditto. If punishable with imprisonment for 1 year and not for 10 years. Imprisonment for a quarter of the longest term provided for the offence, or fine, or both. Ditto Ditto Ditto. 216A Harbouring robbers or dacoits. Rigorous imprisonment for 7 years and fine. Ditto Ditto Ditto . 217 Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture. Imprisonment for 2 years, or fine, or both. Non-cognizable Ditto Any Magistrate. 218 Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture. Imprisonment for 3 years, or fine, or both. Cognizable Ditto Magis trate of the first class. 219 Public servant in a judicial proceeding corruptly making and pronouncing an order, report, verdict, or decision which he knows to be contrary to law. Imprisonment for 7 years, or fine, or both. Non- cognizable Ditto Ditto . 220 Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law. Ditto Ditto Ditto Ditto. 221 Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital. Imprisonment for 7 years, with or without fine. According as the offence in relation to which such omission has been made is cognizable or non - cognizable. Ditto Ditto. If punishable with imprisonment for life or imprisonment for 10 ye ars. Imprisonment for 3 years, with or without fine. Cognizable Ditto Ditto. If punishable with imprisonment for less than 10 years. Imprisonment for 2 years, with or without fine. Ditto Ditto Ditto. 222 Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice if under sentence of death. Imprisonment for life, or imprisonment for 14 years, with or without fine. Ditto Non- bailable Court of Session. If under sentence of impris onment for life or imprisonment for 10 years, or upwards. Imprisonment for 7 years, with or without fine. Ditto Ditto Magistrate of the first class. If under sentence of imprisonment for less than 10 years or lawfully committed to custody. Imprisonment f or 3 years, or fine, or both. Ditto Bailable Ditto . 223 Escape from confinement negligently suffered by a public servant. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Ditto Any Magistrate. 224 Resistance or obstruction by a person t o his lawful apprehension. Imprisonment for 2 years, or fine, or both. Cognizable Ditto Ditto . 225 Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. Ditto Ditto Ditto Ditto. If charged with an offe nce punishable with imprisonment for life or imprisonment for 10 years. Imprisonment for 3 years and fine. Ditto Non- bailable Magistrate of the first class. If charged with a capital offence. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 227 1 2 3 4 5 6 If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. Imprisonment for 7 years and fine. Cognizable Non- bailable Magistrate of the first class. If under sentence of death Imprisonment for life, or impri sonment for 10 years and fine. Ditto Ditto Court of Session. 225A Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (a) in case of intentional omission or sufferance; Imprisonment for 3 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class. (b) in case of negligent omission or sufferance. Simple imprisonment for 2 years, or fine, or both. Ditto Ditto Any Magist rate. 225B

ment for 2 years, or fine, or both. Ditto Ditto Any Magist rate. 225B Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. Imprisonment for 6 months, or fine, or both. Cognizable Ditto Ditto. 227 Violation of condition of remission of punishment. Punishment of original sentence, or if part of the punishment has been undergone, the residue. Ditto Non- bailable The Court by which the original offence was triable. 228 Intentional insult or interruption to a public servant sitting in any stage of a ju dicial proceeding. Simple imprisonment for 6 months, or fine of 1,000 rupees, or both. Non-cognizable Bailable The Court in which the offence is committed subject to the provisions of Chapter XXVI. 1[228A Disclosure of identity of the victim of certain offences, etc. Imprisonment for two years and fine. Cognizable Ditto Any Magistrate. Printing or publication of a proceeding without prior permission of court. Ditto Ditto Ditto Ditto.] 229 Personation of a juror or assessor. Imprisonment f or 2 years, or fine, or both. Non-cognizable Ditto Magistrate of the first class. 2[229A Failure by person released on bail or bond to appear in Court Imprisonment for 1 year, or fine, or both Cognizable Non- bailable Any Magistrate.] CHAPTER XII. OFFENCE S RELATING TO COIN AND GOVERNMENT STAMPS 231 Counterfeiting, or performing any part of the process of counterfeiting, coin. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class. 232 Counterfeiting, or pe rforming any part of the process of counterfeiting , Indian coin. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Court of Session. 233 Making, buying or selling instrument for the purpose of counterfeiting coin. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 234 Making, buying or selling instrument for the purpose of counterfeiting Indian coin. Imprisonment for 7 years and fine. Ditto Ditto Court of Session. 235 Possession of instrument or materi al for the purpose of using the same for counterfeiting coin. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. If Indian coin. Imprisonment for 10 years and fine. Ditto Ditto Court of Session. 1. Ins. by Act 43 of 1983, s. 5 (w.e.f. 25.12.1983). 2. Ins. by Act 25 of 2005, s. 42 (w.e.f. 23 -6-2006). 228 1 2 3 4 5 6 236 Abetting, in India, the counterfeiting, out of India, of coin. The punishment provided for abetting the counterfeiting of such coin within India. Cognizable Non-bailable Court of Session. 237 Import or export of counterfeit coin, knowing the same to b e counterfeit. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 238 Import or export of counterfeit of Indian coin, knowing the same to be counterfeit. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Court of Session. 239 Having any counterfeit coin known to be such when it came into possession, and delivering, etc., the same to any person. Imprisonment for 5 years and fine. Ditto Ditto Magistrate of the first class. 240 Same with respect to Indian coin. Imprisonment for 10 years and fine. Ditto Ditto Court of Session. 241 Knowingly delivering to another any counterfeit coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit. Imprisonment for 2 years, or fin e, or 10 times the value of the coin counterfeited, or both. Ditto Ditto Any Magistrate. 242 Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof. Imprisonment for 3 years and fine. Ditto Ditto Magistra te of the first class. 243 Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 244 Person employed in a Mint causing coin to be of a different weight or composition from that fixed by law. Ditto Ditto Ditto Ditto . 245 Unlawfully taking from a Mint any coining instrument. Ditto Ditto Ditto Ditto. 246 Fraudulently diminishing the weight or altering the composition of Indian coin. Imprisonment for 3 year s and fine. Ditto Ditto Ditto. 247 Fraudulently diminishing the weight or altering the composition of Indian coin. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 248 Altering appearance of any coin with intent that it shall pass as a coin of a dif ferent description. Imprisonment for 3 years and fine. Ditto Ditto Ditto. 249 Altering appearance of Indian coin with intent that it shall pass as a coin of a different description. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 250 Delivery to an other of coin possessed with the knowledge that it is altered. Imprisonment for 5 years and fine. Ditto Ditto Ditto. 251 Delivery of Indian coin possessed with the knowledge that it is altered. Imprisonment for 10 years and fine. Ditto Ditto Court of Session. 252 Possession of altered coin by a person who knew it to be altered when he became possessed thereof. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 253 Possession of Indian coin by a person who knew it to be altered when he became possessed thereof. Imprisonment for 5 years and fine. Ditto Ditto Ditto. 254 Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered. Imprisonment for 2 years or fine, or 10 times the value of the coin. Ditto Ditto Any Magistrate. 255 Counterfeiting a Government stamp. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Court of Session. 256 Having possession of an instrument or material for the purpose of counterfe iting a Government stamp. Imprisonment for 7 years and fine. Ditto Ditto Magistrate of the first class. 229 1 2 3 4 5 6 257 Making, buying or selling instrument for the purpose of counterfeiting a Government stamp. Imprisonment for 7 years and fine. Cognizab le Non-bailable Magistrate of the first class. 258 Sale of counterfeit Government stamp. Ditto Ditto Ditto Ditto . 259 Having possession of a counterfeit Government stamp. Ditto Ditto Bailable Ditto. 260 Using as genuine a Government stamp known to be co unterfeit. Imprisonment for 7 years, or fine, or both. Ditto Ditto Ditto. 261 Effacing any writing from a substance bearing a Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto 262 Using a Government stamp known to have been before used. Imprisonment for 2 years, or fine, or both. Ditto Ditto Any Magistrate. 263 Erasure of mark denoting that stamps have been used. Imprisonment for 3 years, or fine, or both. Ditto Ditto Magistrate of the first class. 263A Fictitious stamps Fine of 200 rupees Ditto Ditto Any Magistrate. CHAPTER XIII. OFFENCES RELATING TO WEIGHT S AND MEASURES 264 Fraudulent use of false instrument for weighing. Impr isonment for 1 year, or fine, or both. Non-cognizable Bailable Any Magistrate. 265 Fraudulent use of false weight or measure. Ditto Ditto Ditto Ditto. 266 Being in possession of false weights or measures for fraudulent use. Ditto Ditto Ditto Ditto. 267 Making or selling false weights or measures for fraudulent use. Ditto. Cognizable Non-bailable Ditto. CHAPTER XIV. OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 269 Negligently doing any act known to be likely to spread infection of any disease dangerous to life. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate. 270 Malignantly doing any act known to be likely to spread infection of any disease dangerous to life. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 271 Knowingly disobeying any quarantine rule. Imprisonment for 6 months, or fine, or both. Non-cognizable Ditto Ditto . 272 Adulterating food or drink intended for sale, so as to make th e same noxious. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 273 Selling any food or drink as food and drink, knowing the same to be noxious. Ditto. Ditto. Ditto Ditto. 274 Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious. Ditto Ditto 1[Non -bailable] Ditto . 275 Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated. Ditto Ditto 2[Bailable] Ditto . 276 Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation. Ditto Ditto Ditto Ditto . 1. Subs. by Ac t 25 of 2005, s. 42( f)(i), for the word Ditto , occurring in column 5 rel ating to s. 274 (w.e.f. 23 -6-2006). 2 . Subs. by s. 42 (f) (ii), ibid., for the word Ditto, occurring in column 5 relating to s. 275 (w.e.f. 23 -6-2006). 230 1 2 3 4 5 6 277 Defiling the water of a public spring or reservoir. Impriso nment for 3 months, or fine of 500 rupees, or both. Cognizable Bailable Any Magistrate. 278 Making atmosphere noxious to health. Fine of 500 rupees Non-cognizable Ditto Ditto. 279 Driving or riding on a public way so rashly or negligently as to endanger human life, etc. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Cognizable Ditto Ditto . 280 Navigating any vessel so rashly or negligently as to endanger human life, etc. Ditto Ditto Ditto Ditto. 281 Exhibition of a false light, mark or bu oy. Imprisonment for 7 years, or fine, or both. Ditto Ditto Magistrate of the first class. 282 Conveying for hire any person by water, in a vessel in such a state, or so loaded, as to endanger his life. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Any Magistrate. 283 Causing danger, obstruction or, injury in any public way or line of navigation. Fine of 200 rupees. Ditto Ditto Ditto. 284 Dealing with any poisonous substance so as to endanger human life, etc. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 285 Dealing with fire or any combustible matter so as to endanger human life, etc. Ditto Ditto Ditto Ditto. 286 So dealing with any explosive substance. Ditto Ditto Ditto Ditto. 287 So dealin g with any machinery. Ditto Non-cognizable Ditto Ditto. 288 A person omitting to guard against probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it. Ditto Ditto Ditto Ditto. 289 A person omitting to take order with any animal in his possession, so as

to Ditto Ditto. 289 A person omitting to take order with any animal in his possession, so as to guard against danger to human life, or of grievous hurt, from such animal. Ditto Cognizable Ditto Ditto. 290 Committing a public nuisance. Fine of 200 rupees Non-cognizable Ditto Ditto. 291 Continuance of nuisance after injunction to discontinue. Simple imprisonment for 6 months, or fine, or both. Cognizable Ditto Ditto . 292 Sale, etc., of obscene books, etc. On first conviction, with imprisonment for 2 years, and with fine of 2,00 0 rupees, and, in the event of second or subsequent conviction, with imprisonment for five years, and with fine of 5,000 rupees. Ditto Ditto Ditto. 293 Sale, etc., of obscene objects to young persons. On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. Ditto Ditto Ditto. 294 Obscene songs Imprisonment for 3 months, or fine or both. Ditto Ditto Ditto. 294A Keeping a lottery office Imprisonment for 6 months, or fine, or both. Non-cognizable Ditto Ditto. Publishing proposals relating to lotteries. Fine of 1,000 rupees Ditto Ditto Ditto. 231 1 2 3 4 5 6 CHAPTER XV. OFFENCES RELATING TO RELIGION 295 Destroyi ng, damaging or defiling a place of worship or sacred object with intent to insult the religion of any class of persons. Imprisonment for 2 years, or fine or both. Cognizable Non-Bailable Any Magistrate. 295A Maliciously insulting the religion or the religious beliefs of any class. Imprisonment for 3 years, or fine, or both. Ditto Ditto Magistrate of the first class. 296 Causing a disturbance to an assembly engaged in religious worship. Imprisonment for 1 year, or fine, or both. Ditto Bailabl e Any Magistrate. 297 Trespassing in place of worship or sepulcher, disturbing funeral with intention to wound the feelings or to insult the religion of any person, or offering indignity to a human corpse. Ditto Ditto Ditto Ditto. 298 Uttering any word o r making any sound in the hearing or making any gesture, or placing any object in the sight of any person, with intention to wound his religious feeling. Ditto Non-cognizable Ditto Ditto. CHAPTER XVI. OFFENCES AFFECTING THE HUMAN BODY 302 Murder Death, or imprisonment for life, and fine. Cognizable Non-bailable Court of Session. 303 Murder by a person under sentence of imprisonment for life. Death Ditto Ditto Ditto. 304 Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc. Impris onment for 10 years, or fine, or both. Ditto Ditto Ditto. 304A Causing death by rash or negligent act. Imprisonment for 2 years, or fine, or both. Ditto Bailable Magistrate of the first class. 1[304B Dowry death. Imprisonment of not less than seven y ears but which may extend to imprisonment for life. Ditto Non-bailable Court of Session.] 305 Abetment of suicide committed by child, or insane or delirious person or an idiot, or a person intoxicated. Death, or imprisonment for life, or impriso nment for 10 years and fine. Ditto Ditto Ditto. 306 Abetting the commission of suicide. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 307 Attempt to murder Ditto Ditto Ditto Ditto. If such act causes hurt to any person. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. Attempt by life -convict to murder, if hurt is caused. Death, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 308 Attempt to commit culpable homicide Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto. If such act causes hurt to any person Imprisonment for 7 years, or fine, or both. Ditto Ditto Ditto. 1. Ins. by Act 43 of 1986, s. 11 (w.e.f. 19.11.1986). 232 1 2 3 4 5 6 309 Attempt to commit suicide . Simple imprisonment for 1 year, or fine, or both. Cognizable Bailable Any Magistrate. 311 Being a thug . Imprisonment for life and fine. Ditto Non-bailable Court of Session. 312 Causing miscarriage . Imprisonment for 3 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class. If the woman be quick with chil d. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 313 Causing miscarriage without womens consent. Imprisonment for life, or imprisonment for 10 year s and fine. Cognizable Non-bailable Court of Session. 314 Death caused by an act done with intent to cause miscarriage. Imprisonment for 10 years and fine. Ditto Ditto Ditto. If act done without womens consent. Imprisonment for life, or as above. Ditto Ditto Ditto. 315 Act done with intent to prevent a child being born alive, or to cause it to d ie after its birth. Imprisonment for 10 years, or fine, or both. Ditto Ditto Ditto. 316 Causing death of a quick unborn child by an act amounting to culpable homicide. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 317 Exposure of a child under 1 2 years of age by parent or person having care of it with intention of wholly abandoning it. Imprisonment for 7 years, or fine, or both. Ditto Bailable Magistrate of the first class. 318 Concealment of birth by secret disposal of dead body. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 323 Voluntarily causing hurt. Imprisonment for 1 year or fine of 1,000 rupees, or both. Non-cognizable Ditto Any Magistrate. 324 Voluntarily causing hurt by dangerous weapons or means. Imprisonment for 3 years, or fine, or both. Cognizable Ditto Ditto. 325 Voluntarily causing grievous hurt . Imprisonment for 7 years and fine. Ditto Ditto Ditto. 326 Voluntarily causing grievous hurt by dangerous weapons or means. Imprisonment for life, or imprisonment fo r 10 years and fine. Ditto Non-bailable Magistrate of the first class. 1[326A Voluntarily causing grievous hurt by use of acid, etc. Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim. Cognizable Non-bailable Court of Session 326B Voluntarily throwing or attempting to throw acid. Imprisonment for 5 years but which may extend to 7 years and with fine. Cognizable Non-bailable Court of Session.] 327 Voluntarily causing hurt to extort prope rty or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of an offence. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 328 Administering stupefying drug with intent to cause hurt, etc. Ditto Ditto Ditto Court of Session. 329 Voluntarily causing grievous hurt to extort property or a valuable security, or to constrain to do anything which is illegal, or which may facilitate the commission of an offence. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 330 Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. Imprisonment for 7 years and fine. Ditto Bailable Magistrate of the first class. 331 Voluntarily caus ing grievous hurt to extort confession or information, or to compel restoration of property, etc. Imprisonment for 10 years and fine. Ditto Non-bailable Court of Session. 332 Voluntarily causing hurt to deter public servant from his duty. Imprisonment fo r 3 years or fine or both. Ditto 2[Ditto] Magistrate of the first class. 333 Voluntarily causing grievous hurt to deter public servant from his duty. Imprisonment for 10 years and fine. Ditto 3[Ditto] Court of Session. 1. Ins. by Act 13 of 2013, s. 24 (w.e.f. 3 -2-2013). 2. Subs. by Act 25 of 2005, s. 42( f)(v), occurring in column 5, relating to s. 332, for Bailable (w.e.f. 23 -6-2006). 3. Subs . by s. 42( f)(vi), ibid., occurring in colu mn 5, relating to s. 333, for Non -bailable, (w.e.f. 23 -6-2006). 233 1 2 3 4 5 6 334 Voluntarily caus ing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. Imprisonment for 1 month, or fine of 500 rupees, or both. Non-cognizable Bailable Any Magistrate. 335 Causing grievous hurt on grave and su dden provocation, not intending to hurt any other than the person who gave the provocation. Imprisonment for 4 years, or fine of 2,000 rupees, or both. Cognizable Ditto Magistrate of the first class. 336 Doing any act which endangers human life or the personal safety of others. Imprisonment for 3 months, or fine of 250 rupees, or both. Ditto Ditto Any Magistrate. 337 Causing hurt by an act which endangers human life, etc. Imprisonment for 6 months, or fine of 500 rupees, or both. Ditto Ditto Ditto. 338 Causing grievous hurt by an act which endangers human life, etc. Imprisonment for 2 years, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 341 Wrongfully restraining any person. Simple imprisonment for 1 month, or fine of 500 rupees, or both. Ditto Ditto Ditto. 342 Wrongfully confining any person. Imprisonment for 1 year, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 343 Wrongfully confining for three or more days . Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 344 Wrongfully confining for 10 or more days . Imprisonment for 3 years and fine. Ditto Ditto Ditto. 345 Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation. Imprisonment for 2 years, in addition to imprisonment under any o ther section. Ditto Ditto Magistrate of the first class. 346 Wrongful confinement in secret. Ditto Ditto Ditto Ditto. 347 Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. Imprisonment for 3 years and fine. Ditto Ditto Any Magistrate. 348 Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc. Ditto Ditto Ditto Ditto. 352 Assault or use of criminal force otherwise than on grave provocati on. Imprisonment for 3 months, or fine of 500 rupees, or both. Non-cognizable Ditto Ditto. 353 Assault or use of criminal force to deter a public servant from discharge of his duty. Imprisonment for 2 years, or fine, or both. Cognizable 1[Non -bailable] Ditto. 2[354 Assault or use of criminal force to woman

Cognizable 1[Non -bailable] Ditto. 2[354 Assault or use of criminal force to woman with intent to outrage her modesty. Imprisonment of 1 year which may extend to 5 years, and with fine. Cognizable Non-bailable Any Magistrate 354A Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography. Imprisonment which may extend to 3 years or with fine or with both. Cognizable Bailable Any Magistrate Sexual harassment of the nature of making sexually coloured remark . Imprisonment which may extend to 1 year or with fine or with both. Cognizable Bailable Any Magistrate. 354B Assault or use of criminal force to woman with intent to disrobe. Imprisonment of not less than 3 years but which may extend to 7 years and with fine. Cognizable Non-bailable Any Magistrate. 354C Voyeurism . Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first conviction. Cognizable Bailable Any Magistrate. Imprisonment of not less than 3 years but which may extend 7 years and with fine for second or subsequent conviction . Cognizable Non-bailable Any Magistrate 354D Stalking . Imprisonment up to 3 years and with fine for first conviction. Cognizable Bailable Any Magistrate. Imprisonment up to 5 years and with fine for second or subsequent conviction. Cognizable Non-bailable Any Magistrate.] 355 Assault or criminal force with intent to dishonor a person, otherwise than on grave and sudden provocation. Ditto Non-cognizable Bailable Ditto. 356 Assault or criminal force in attempt to commit theft of property worn or carried by a person. Ditto Cognizable Ditto Ditto. 357 Assault or use of criminal force in attempt wrongfully to confine a person. Imprisonment for 1 year, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 358 Assault or use of criminal force on grave and sudden provocation. Simple imprisonment for one month, or fine of 200 rupees, or both. Non-cognizable Ditto Ditto. 363 Kidnapping Imprisonment for 7 years and fine. Cognizable Ditto Magi strate of the first class. 1. Subs. by Act 25 of 2005, s. 42 (f) (vii), occurring in column 5, relating to s. 353, for Ditto (w.e.f. 23 -6-2006). 2. Subs. by Ac t 13 of 2013, s. 24, for entry relating to s. 354 (w.e. f. 3-2-2013). 234 1 2 3 4 5 6 363A Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging. Imprisonment for 10 years and fine. Cognizable Non-bailable Magistrate of the first cl ass. Maiming a minor in order that such minor may be employed or used for purposes of begging. Imprisonment for life and fine. Ditto Ditto Court of Session. 364 Kidnapping or abducting in order to murder. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Ditto Ditto Ditto. 1[364A Kidnapping for ransom, etc. Death, or imprisonment for life and fine. Ditto Ditto Ditto.] 365 Kidnapping or abducting with intent secretly and wrongfully to confine a person. Imprisonment for 7 years and f ine. Ditto Ditto Magistrate of the first class. 366 Kidnapping or abducting a woman to compel her marriage or to cause her defilement, etc. Imprisonment for 10 years and fine. Ditto Ditto Court of Session. 366A Procuration of a minor girl. Ditto Ditto Ditto Ditto. 366B Importation of a girl from foreign country. Ditto Ditto Ditto Ditto. 367 Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. Ditto Ditto Ditto Ditto. 368 Concealing or keeping in confinement a kidnapped p erson. Punishment for kidnapping or abduction. Ditto Ditto Court by which the kidnapping or abduction is triable. 369 Kidnapping or abducting a child with intent to take property from the person of such child. Imprisonment for 7 years and fine. Ditto Ditto Magistrate of the first class. 2[370 Trafficking of person. Imprisonment of not less than 7 years but which may extend to 10 years and with fine. Cognizable Non-bailable Court of Session. Trafficking of more than one person. Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Non-bailable Court of Session. Trafficking of a minor. Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Non-bailable Court of Session. Trafficking of more than one minor. Imprisonment of not less than 14 years but which may extend to imprisonment for life and with fine. Cognizable Non-bailable Court of Session. Person convicted of offence of trafficking of minor on more than one occasion. Imprisonment for life which shall mean the remainder of that persons natural life and with fine. Cognizable Non-bailable Court of Session. Public servant or a police officer involved in trafficking of minor. Imprisonment for life which shall mean the remainder of that persons natural life and with fine. Cognizable Non-bailable Court of Session. 370A Exploitation of a trafficked child. Imprisonment of not less than 5 years but which may extend to 7 years and with fine. Cognizable Non-bailable Court of Session. Exploitation of a trafficked person. Imprisonment of not less than 3 years but which may extend to 5 years and with fine. Cognizable Non-bailable Court of Session.] 1. Ins. by Act 42 of 1993, s. 4, (w.e.f. 22 -5-1993). 2. Subs . by Act 13 of 2013, s. 24, for entries relating to s . 370 (w.e.f. 3 -2-2013). 235 1 2 3 4 5 6 371 Habitual dealing in slaves. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session. 372 Selling or letting to hire a minor for purposes of prostitution, etc. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 373 Buying or obtain ing possession of a minor for the same purposes. Ditto Ditto Ditto Ditto. 374 Unlawful compulsory labour. Imprisonment for 1 year, or fine, or both. Ditto Bailable Any Magistrate. 1[ 2[376 Rape . Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Cognizable Non-bailable Court of Session. Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or womens or childrens institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that persons natural life and with fine. Cognizable Non-bailable Court of Session. Persons committing offence of rape on a woman under sixteen years of age. Rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life and with fine. Cognizable Non-bailab le Court of Session.] 376A Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for l ife which shall mean imprisonment for the remainder of that persons natural life or with death. Cognizable Non-bailable Court of Session. 3[376AB Person committing an offence of rape on a woman under twelve years of age. Rigorous imprisonment of not les s than 20 years but which may extend to imprisonment for life which shall mean imprisonment for that persons natural life and with fine or with death. Cognizable Non-bailable Court of Session. ] 1. Subs. by Act 13 of 2013, s. 24, for entries relating to ss. 376, 376A, 376B, 376C and 376D (w.e.f. 3-2-2013). 2. Subs. by Act 22 of 2018, s. 24, for entr ies relating to section 376 (w.e.f. 21 -4-2018). 3. Ins. by s. 24, ibid. (w.e.f. 21 -4-2018). 236 1 2 3 4 5 6 376B Sexual intercourse by husband upon his wife during separation. Imprisonment for not less than 2 years but which may extend to 7 years and with fine. Cognizable Bailable Court of Session. 376C Sexual intercourse by a person in authority. Rigorous imprisonment for not less than 5 years but which may extend to 10 years and with fine. Cognizable Non-bailable Court of Session. 376D Gang rape Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine to be paid to the victim. Cognizable Non-bailable Court of Session. 1[376DA Gang rape on a woman under sixteen years of age. Imprisonment for life which shall mean imprisonment for the remainder of that persons natural life an d with fine. Cognizable Non-bailable Court of Session. 376DB Gang rape on woman under twelve years of age. Imprisonment for life which shall mean imprisonment for the remainder of that persons natural life and with fine or with death. Cognizable Non-bailable Court of Session.] 376E Repeat offenders. Imprisonment for life which shall mean imprisonment for the remainder of that persons natural life or with death. Cognizable Non-bailable Court of Session.] 2[377 Unnatural offences Imprisonment for life, o r imprisonment for 10 years and fine. Cognizable Non-bailable Magistrate of the first class. ] CHAPTER XVII. OFFENCES AGAINST PROPERTY 379 Theft Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Any Magistrate. 380 Theft in a building, tent or vessel Imprisonment for 7 years and fine. Ditto Ditto Ditto. 381 Theft by clerk or servant of property in possession of master or employer. Ditto Ditto Ditto Ditto. 382 Theft, after preparation having been made for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it. Rigorous imprisonment for 10 years and fine. Ditto Ditto Magistrate of the first class. 1. Ins. by Act 22 of 2018, s. 24 (w.e.f. 21 -4-2018). 2. Subs. by Act 30 of 2001, s. 3 and the Second Sch., f or the entries relating to s. 377 (w.e.f. 3 -9-2001). 237 1 2 3 4 5 6 384 Extortion Imprisonment for 3 years, or fine, or both. Ditto Ditto Any Magistrate.

isonment for 3 years, or fine, or both. Ditto Ditto Any Magistrate. 385 Putting or attempting to put in fear of injury, in order to commit extortion. Imprisonment for 2 years, or fine, or both. Ditto Bailable Ditto. 386 Extortion by putting a person in fear of death or grievous hurt. Imprisonment for 10 years and fine. Ditto Non-bailable Magistrate of the first class. 387 Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 388 Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years. Imprisonment for 10 years and fine. Ditto Bailable Ditto. If the offence threatened be an unnatural offence. Imprisonment for life Ditto Ditto Ditto. 389 Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. Imprisonment for 10 years and fine. Ditto Ditto Ditto. If the offence be an unnatural offence. Imprisonment for life. Ditto Ditto Ditto. 392 Robbery Rigorous imprisonment for 10 years and fine. Ditto Non-bailable Ditto. If committed on the highway between sunset and sunrise. Rigorous imprisonment for 14 years and fine. Ditto Ditto Ditto. 393 Attempt to commit robbery. Rigorous imprisonment for 7 years and fine. Ditto Ditto Ditto. 394 Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Ditto Ditto Ditto. 395 Dacoity Ditto Ditto Ditto Court of Session. 396 Murder in dacoity Death, imprisonment for life, or rigorous imprisonment for 10 years and fine. Ditto Ditto Ditto. 397 Robbery or dacoity, with attempt to cause death or grievous hurt. Rigorous imprisonment for not less than 7 years. Ditto Ditto Ditto. 398 Attemp t to commit robbery or dacoity when armed with deadly weapon. Ditto Ditto Ditto Ditto. 399 Making preparation to commit dacoity. Rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session. 400 Belonging to a gang of persons associated for the purpose of habitually committing dacoity. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Ditto Ditto Ditto. 401 Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. Rigorous imprisonment for 7 years and fine. Ditto Ditto Magistrate of the first class. 402 Being one of five or more persons assembled for the purpose of committing dacoity. Ditto Ditto Ditto Court of Session. 238 1 2 3 4 5 6 403 Dishonest misappropriati on of movable property, or converting it to ones own use. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate. 404 Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. . If by clerk or person employed by deceased Imprisonment for 7 years and fine. Ditto Ditto Ditto. 406 Criminal breach of trust Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Ditto. 407 Criminal breach of trust by a carrier, wharfinger, etc. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 408 Criminal breach of trust by a clerk or servant. Ditto Ditto Ditto Ditto 409 Criminal breach of trust by public servant or by banker, merchant or agent, etc. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 411 Dishonestly receiving stolen p roperty knowing it to be stolen. Imprisonment for 3 years, or fine, or both. Ditto Ditto Any Magistrate. 412 Dishonestly receiving stolen property, knowing that it was obtained by dacoity. Imprisonment for life, or rigorous imprisonment for 10 years and f ine. Ditto Ditto Court of Session. 413 Habitually dealing in stolen property. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 414 Assisting in concealment or disposal of stolen property, knowing it to be stolen. Imprisonm ent for 3 years, or fine, or both. Ditto Ditto Any Magistrate. 417 Cheating Imprisonment for 1 year, or fine, or both. Non-cognizable Bailable Ditto. 418 Cheating a person whose interest the offender was bound, either by law or by legal con tract, to protect. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto. 419 Cheating by personation . Ditto Cognizable Ditto Ditto. 420 Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destru ction of a valuable security. Imprisonment for 7 years and fine. Ditto Non-bailable Magistrate of the first class. 421 Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. Imprisonment for 2 years, or fine, or both . Non-cognizable Bailable Any Magistrate. 422 Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate. 423 Fraudulent execution of deed of transfer containing a false statement of consideration. Ditto Ditto Ditto Ditto. 424 Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. Ditto Ditto Ditto Ditto. 239 1 2 3 4 5 6 426 Mischief Imprisonment for 3 months or fine, or both. Ditto Ditto Ditto. 427 Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 428 Mischief by killing, poisoning, maiming or rendering useless any animal of the value of 10 rupees or upwards. Ditto Cognizable Ditto Ditto. 429 Mischief by killing, poisoning, maiming or rende ring useless any elephant, camel, horse, etc., whatever may be its value, or any other animal of the value of 50 rupees or upwards. Imprisonment for 5 years, or fine, or both. Ditto Ditto Magistrate of the first class. 430 Mischief by causing diminution o f supply of water for agricultural purposes, etc. Ditto Ditto Ditto Ditto. 431 Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. Ditto Ditto Ditto Ditto. 432 Mischief by causing inundation or obstruction to public drainage attended with damage. Ditto Ditto Ditto Ditto. 433 Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights. Imprisonme nt for 7 years, or fine, or both. Ditto Ditto Ditto. 434 Mischief by destroying or moving, etc., a landmark fixed by public authority. Imprisonment for 1 year, or fine, or both. Non-cognizable Ditto Any Magistrate. 435 Mischief by fire or explosi ve substance with intent to cause damage to an amount of 100 rupees or upwards, or , in case of agricultural produce, 10 rupees or upwards. Imprisonment for 7 years and fine. Cognizable Ditto Magistrate of the first class. 436 Mischief by fire or explosive substance with intent to destroy a house, etc. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Non-bailable Court of Session. 437 Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tonne s burden. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 438 The mischief described in the last section when committed by fire or any explosive substance. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 439 Runnin g vessel ashore with intent to commit theft, etc. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 440 Mischief committed after preparation made for causing death, or hurt, etc. Imprisonment for 5 years and fine. Ditto Bailable Magistrate of the first class. 447 Criminal trespass Imprisonment for 3 months, or fine of 500 rupees, or both. Ditto Ditto Any Magistrate. 448 House -trespass Imprisonment for 1 year, or fine of 1,000 rupees, or both. Ditto Ditto Ditto. 240 1 2 3 4 5 6 449 House -trespa ss in order to the commission of an offence punishable with death. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session. 450 House -trespass in order to the commission of an offence punisha ble with imprisonment for life. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 451 House -trespass in order to the commission of an offence punishable with imprisonment. Imprisonment for 2 years and fine. Ditto Bailable Any Magistrate. If the off ence is theft Imprisonment for 7 years and fine. Ditto Non-bailable Ditto. 452 House -trespass, having made preparation for causing hurt, assault, etc. Ditto Ditto Ditto Ditto. 453 Lurking house -trespass or house -breaking. Imprisonment for 2 years and fine. Ditto Ditto Ditto. 454 Lurking house -trespass or house -breaking in order to the commission of an offence punishable with imprisonment. Imprisonment for 3 years and fine. Ditto Ditto Ditto. If the offence be theft Imprisonment for 10 years and fi ne. Ditto Ditto Magistrate of the first class. 455 Lurking house -trespass or house -breaking after preparation made for causing hurt, assault, etc. Ditto Ditto Ditto Ditto. 456 Lurking house -trespass or house -breaking by night. Imprisonment for 3 years and fine. Ditto Ditto Any Magistrate. 457 Lurking house -trespass or house -breaking by night in order to the commission of an offence punishable with imprisonment. Imprisonment for 5 years and fine. Ditto Ditto Magistrate of the first class. If the offence is theft Imprisonment for 14 years and fine. Ditto Ditto Ditto. 458 Lurking house -trespass or house -breaking by night, after preparation made for causing hurt, etc. Ditto Ditto Ditto Ditto. 459 Grievous hurt caused whilst committing lurking house -trespa ss or house -breaking. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Court of Session. 460 Death or grievous hurt caused by one of several persons jointly concerned in house - breaking by night, etc. Ditto Ditto Ditto Ditto. 461 Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. Imprisonment for 2 years

unfastening any closed receptacle containing or supposed to contain property. Imprisonment for 2 years or fine, or both. Ditto Ditto Any Magistrate. 462 Being entrusted with any closed receptacle containing or supposed to con tain any property, and fraudulently opening the same. Imprisonment for 3 years or fine, or both. Ditto Bailable Ditto CHAPTER XVIII .OFFENCES RFLATING TO DOCUMENTS AND TO PROPERTY MARKS 465 Forgery Imprisonment for 2 years, or fine, or bot h. Non-cognizable Bailable Magistrate of the first class. 466 Forgery of a record of a Court of Justice or of a Registrar of Births, etc., kept by a public servant. Imprisonment for 7 years and fine Ditto Non-bailable Ditto. 467 Forgery of a valuable security, will , or authority to make or transfer any valuable security, or to receive any money, etc. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. When the valuable security is a promissory note of the C entral Government. Ditto Cognizable Ditto Ditto. 241 1 2 3 4 5 6 468 Forgery for the purpose of cheating. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class. 469 Forgery for the purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose. Imprisonment for 3 years and fine. Ditto Bailable Ditto. 471 Using as genuine a forged document which is known to be forged. Punishment for forgery of such document. Ditto Ditto Ditto. When the forged document is a promissory note of the Central Government. Ditto Ditto Ditto Ditto. 472 Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 467 of the Indian Penal Code, o r possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. Imprisonment for life, or imprisonment for 7 years and fine. Ditto Ditto Ditto. 473 Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 467 of the Indian Penal Code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 474 Having possession of a document , knowing it to be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 466 of the Indian Penal Code. Ditto. Ditto. Ditto. Ditto. If the document is one of the description mentioned in section 467 of the Indian Penal Code. Imprisonment for life, or imprisonment for 7 years and fine. Non-cognizable Ditto Ditto. 475 Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian Penal Code, or possessing counte rfeit marked material. Ditto. Ditto. Ditto. Ditto. 476 Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian Penal Code, or possessing counterfeit marked material. Imprisonment for 7 year s and fine. Ditto Non-bailable Ditto. 477 Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting, a will, etc. Imprisonment for life, or imprisonment for 7 years and fine. Ditto Ditto. Ditto. 477A Falsification of acc ounts . Imprisonment for 7 years or fine, or both. Ditto Bailable Ditto. 482 Using a false property mark with intent to deceive or injure any person. Imprisonment for 1 year, or fine, or both. Ditto Ditto Any Magistrate. 483 Counterfeiting a property mark used by another, with intent to cause damage or injury. Imprisonment for 2 years, or fine, or both. Ditto Ditto Ditto. 484 Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property. Imprisonment for 3 years and fine. Ditto Ditto Magistrate of the first class. 485 Fraudulently making or having possession of any die, plate or other instrument for counterfeiting any public or private property mark. Imprisonment f or 3 years, or fine, or both. Ditto. Ditto. Ditto. 242 1 2 3 4 5 6 486 Knowingly selling goods marked with a counterfeit property mark. Imprisonment for 1 year, or fine, or both. Non-cognizable Bailable Any Magistrate. 487 Fraudulently making a false m ark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto. 488 Making use of any such false mark. Ditto Ditto Ditto Ditto. 489 Removing, destroying or defacing property mark with intent to cause injury. Imprisonment for 1 year, or fine, or both. Ditto Ditto Ditto. 489A Counterfeiting currency -notes or bank -notes. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session. 489B Using as genuine forged or counterfeit currency -notes or bank - notes. Ditto Ditto Ditto Ditto. 489C Possession of forged or counterfeit currency -notes or bank -notes. Imprisonment for 7 years, or fine, or both. Ditto Bailable Ditto. 489D Making or possessing machinery, instrument or material for forging or counterfeiting currency -notes or bank -notes. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Non-bailable Ditto. 489E Making or using documents resembling currency -notes or bank - notes. Fine of 100 rupees. Non-cognizable Bailable Any Magistrate. On refusal to disclose the name and address of the printer. Fine of 200 rupees. Ditto Ditto Ditto. CHAPTER XIX. CRIMINAL BREACH OF CONTRACTS OF SERVICE 491 Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so. Imprisonment for 3 months, or fine of 200 rupees, or both. Non-cognizable Bailable Any Magistrate. CHAPTER XX.OFFENCES RELATING TO MARRIAGE 493 A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohab it with him in that belief. Imprisonment for 10 years and fine. Non-cognizable Non-bailable Magistrate of the first class. 494 Marrying again during the life time of a husband or wife. Imprisonment for 7 years and fine. Ditto Bailable Ditto. 495 Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. Imprisonment for 10 years and fine. Ditto Ditto Ditto . 496 A person with fraudulent intention going through the ceremony of bein g married, knowing that he is not thereby lawfully married. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 497 Adultery Imprisonment for 5 years, or fine, or both. Ditto Ditto Ditto. 498 Enticing or taking away or detaining with a criminal intent a married woman. Imprisonment for 2 years, or fine, or both. Ditto Ditto Any Magistrate. 243 1 2 3 4 5 6 1[CHAPTER XXA. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 498A Punishment for subjecting a married woman to cruelty. Imprisonment for three years and fine. Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such r elative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. Non-bailable Magistrate of the first class.] CHAPTER XXI. DEFAMATION 500 Defamation against the President or the Vice -President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Court of Session. Defamation in any other case Ditto Ditto Ditto Magistrate of the first class. 501(a) Printing or engraving matter knowing it to be defamatory against the President or the Vice -President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Ditto Ditto Ditto Court of Session. (b) Printing or engraving matter knowing it to be defamatory, in any other case. Ditto Ditto Ditto Magistrate of the first class. 502(a) Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice - President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Ditto Ditto Ditto Court of Session. (b) Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other case. Ditto Ditto Ditto Magistrate of the first class . 1. Ins. by Act 46 of 1983, s. 6 (w.e.f. 25 -12-1983). 244 1 2 3 4 5 6 CHAPTER XXII. CRIMINAL INTIMIDATIONS, INSULT AND ANNOYANCE 504 Insult intended to provoke breach of the peace. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate. 505 False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace. Imprisonment for 3 years, or fine, or both. Ditto Non-bailable Ditto. False statement, rumour, etc., with intent to create enmity, hatred or ill - will between different classes. Ditto Cognizable Ditto Ditto. False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill -will. Imprisonment for 5 years and fine. Ditto Ditto Ditto. 506 Criminal intimidation . Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Ditto. If threat be to cause death or grievous hurt, etc. Imprisonment for 7 years, or fine, or both. Ditto Ditto Magistrate of the first class. 507 Criminal intimidation by anonymous communication or having taken precaution to conceal whence the thre at comes. Imprisonment for 2 years, in addition to the punishment under above section. Ditto Ditto Ditto. 508 Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure. Imprisonment for 1 year, or fine, or both. Ditto Ditto Any Magistrate. 509 Uttering any word or making any gesture intended to insult the modesty of a woman, etc. 1[Simple imprisonment for 3 years and with fine.] Cognizable Ditto Ditto. 510 Appearing in a public place, etc., in a state of intoxication, and causing annoyance to any person. Simple imprisonment for 24 hours, or fine of 10 rupees, or both. Non-cognizable Ditto Ditto. CHAPTER XXIII. ATTEMPTS TO COMMIT OFFENCES 511 Attempting to commit offences punishable with imprisonm ent for life, or imprisonment, and in such attempt

Attempting to commit offences punishable with imprisonm ent for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. Imprisonment for life, or imprisonment not exceeding half.of the longest term, provided for the offence, or fine, or both According as the offence is co gnizable or non -cognizable. According as the offence attempted by the offender is bailable or not. The court by which the offence attempted is triable. II.CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS Offence Cognizable or non - cognizable Bailable or no n- bailable By what court triable If punishable with death, imprisonment for life, or imprisonment for more than 7 years Cognizable Non-bailable Court of Session. If punishable with imprisonment for 3 years and upwards but not more than 7 years Ditto Ditto Magistrate of the first class. If punishable with imprisonment for less than 3 years or with fine only. Non- cognizable Bailable Any Magistrate. 1. Subs . by Act 13 of 2013, s. 24, for the word Simple imprisonment for 1 year, or fine, or both , occurring made in column 3, relating to s. 509 (w.e.f. 3 -2-2013). 245 STATE AMENDMENT S Chhattisgarh In First Schedule to the Code, under the heading 1. OFFENCES UNDER THE INDIAN PENAL CODE, 1860 (a) In the entries relating to Section 211, the following entries shall be added, namely: Section Offence Punishment Cognizable or non-cognizable Bailable or non- bailable By what Court triable (1) (2) (3) (4) (5) (6) ... If offence charged be punishable under Ss. 354, 354A, 354B, 354C, 354D, 354E, 376B, 376C, 376F, 509, 509A or 509B. Imprisonment not less than 3 years but which may extend to 5 years and fine. Non-Cognizable Bailable Magistrate of the first class. (b) In the entries relating to Section 354, the following entries shall be added, namely: Section Offence Punishment Cognizable or non-cognizable Bailable or non - bailable By what Court triable (1) (2) (3) (4) (5) (6) ... If committed by relative of the woman. Imprisonment not less than 2 years but which may extend to 7 years and fine. Cognizable Non- Bailable Magistrate of the first class. (C) After the entries relating to Section 354D, the following shall be inserted, namely: Section Offence Punishment Cogniz able or non-cognizable Bailable or non - bailable By what Court triable (1) (2) (3) (4) (5) (6) 354E Liability of person present who fails to prevent the commission of offence under Ss. 354, 354A, 354B, 354C or 354D. Imprisonment upto 3 years or fine or b oth. Cognizable Bailable Any Magistrate. (d) After the entries relating of Section 376E, the following shall be inserted, namely: Section Offence Punishment Cognizable or non-cognizable Bailable or non - bailable By what Court triable (1) (2) (3) (4) (5) (6) 376F Liability of person in -charge of any work place and others to give information about offence. Imprisonment upto 3 years and fine. Cognizable Non- Bailable Magistrate of first class. 246 (e) After the entries relating to Section 509, the following s hall be inserted, namely: Section Offence Punishment Cognizable or non-cognizable Bailable or non - bailable By what Court triable (1) (2) (3) (4) (5) (6) 509A Sexual harassment by relative. Rigorous imprisonment not less than 1 year but which may extend upto 5 years and fine. Cognizable Non- Bailable Magistrate of first class. 509B Sexual harassment by electronic modes. Rigorous imprisonment not less than 6 months but which may extend upto 2 years and fine. Cognizable Non- Bailable Magistrate of first cla ss,] [Vide Chhattisgarh Act 25 of 2015, s. 13] Gujarat In the Code of Criminal Procedure, 1973, in the First Schedule, in the table, under the heading Chapter XVII -Offences against Property , after section 379, the following shall be inserted, namely : Section Offence Punishment Cognizable or Non-cognizable Bailable or Non - bailable By what court triable (1) (2) (3) (4) (5) (6) 379A Attempt to commit snatching Rigorous imprisonment of not less than five years but which may extend to ten years, and fine of 25,000 rupees. Cognizable Non-bailable Court of Session Committing snatching Rigorous imprisonment of not less than seven years but which may extend to ten years, and fine of 25,000 rupees. Ditto Ditto Ditto. Causing hurt or wrongful restraint or fear of hurt, in order to effect escape after attempting to commit or after committing snatching Rigorous imprisonment which may extend to three years, in addition to punishment under other sub -sections. Ditto Ditto Ditto. 379B Snatching, after prepar ation having been made for Rigorous imprisonment f not less than seven years Ditto Ditto Ditto. . 247 causing death, or hurt, or restraint, in order to the committing of such snatching, or to retaining property taken by it. but which may extend to ten year, and fine of 25,000 rupees. [Vide Gujrat Act 6 of 2019, s. 3 .] Madhya Pradesh Amendment of First Schedule. - In the First Schedule to the principal Act, under the heading I - OFFENCES UNDER THE INDIAN PENAL CODE, after the entries relating to section 354, th e following entries shall be inserted, namely: - Section Offence Punishment Cognizable or Non-cognizable Bailable or Non - bailable By what court triable (1) (2) (3) (4) (5) (6) 354-A Assault or use of Criminal force to woma n with intent to disrobe her. Imprisonment of not less than one year but which may extend to ten years and fine. Cognizable Non-bailable Court of Session [Vide Madhya Pradesh Act 15 of 2004, s. 5.] Madhya Pradesh Amendment of the First Schedule. In the First Schedule to the principal Act, under the heading I-Offences under the Indian Penal Code , in column 6 against section 317, 318, 326, 363, 363A, 365, 377, 392, 393, 394, 409, 435, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477 and 477A, for the words, Magistrate o f the first class , wherever they occur, the words Court of Session shall be substituted. [Vide Madhya Pradesh Act 2 of 2008, s. 4.] Maharashtra In the First Schedule to the Code of Criminal Procedure, under heading I, - OFFENCE S UNDER THE INDIAN PENAL COD E,- (i) for the entry relating to section 332, the following entry shall be substituted, namely: Section Offence Punishment Cognizable or Non-cognizable Bailable or Non-bailable By what court triable (1) (2) (3) (4) (5) (6) 332 Voluntarily causin g hurt to deter public servant from his duty. Imprisonment for 5 years or fine, or both . Cognizable Non- bailable Court of Session.; 248 (ii) for the entry relating to section 353, the following entry shall be substituted, namely: Section Offence Punishme nt Cognizable or Non- cognizable Bailable or Non-bailable By what court triable (1) (2) (3) (4) (5) (6) 353 Assault or use of criminal force to deter a public servant from discharge of his duty. Imprisonment for five years, or fine, or both. Cognizable Non-bailable Court of Session. . [Vide Maharashtra Act 40 of 2018, s. 5] Haryana 1. This Act may be called the Code of Criminal Procedure (Haryana Amendment) Act, 2014 . Short title 2. In the Code of Criminal Procedure, 1973 in its application to the Sta te of Haryana, in the First Schedule, in the table, after section 379, the following entries shall be inserted, namely: Amendment of First Schedule to Central Act 2 of 1974 1 2 3 4 5 6 379-A Snatching Rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and fine of Rs. 25,000/ - Cognizable Non- bailable Court of Session 379-B Snatching with hurt or wrongful restraint or fear of hurt. Rigorous imprisonment for a term which shall not be less t han ten years and which may extend to fourteen years, and fine of Rs. 25,000 /- Ditto Ditto Ditto. [Vide Notification No. GSR929(E) dated 16th December, 2019. ] 249 Himachal Pradesh Amendment of Central Act No. 2 of 1974. In the First Schedule to the Code of Criminal Procedure, 1973, under the heading 1. OFFENCES UNDER THE INDIAN PENAL CODE after the entries relating to section 304 - A, the following entries shall be inserted, namely: 1 2 3 4 5 6 304-AA Causing death or injury by driving a public service vehicle while in a state of intoxication Imprisonment for life, or imprisonment for seven years and fine Ditto Non-bailable Court of Session [Vide Himachal Pradesh 19 of 1997, s. 3 .] Himachal Pradesh Amendment of C entral Act No. 2 of 1974. In the First Schedule to the Code of Criminal Procedure, 1973, under the heading I, OFFENCES UNDER THE INDIAN PENAL CODE, after the entries relating to section 289, the following entries shall be inserted, namely: 1 2 3 4 5 6 289-A Whoever throws eatables in public place, other than those notified by the State Government in the Official Gazette, and thereby entice monkeys to assemble at such place for taking eatables which result in causing danger to human life or to be like ly to cause injury or annoyance to the public or to the people in general or to cause hindrance in smooth running of vehicular traffic. Imprisonment for one month or fine of Rs. 1000/ - or both Ditto Ditto Ditto. [Vide Himachal Pradesh Act 15 of 2006, s. 3] Himachal Pradesh Amendment of Central Act No. 2 of 1947. In the First Schedule to the Code of Criminal Procedure, 1973, under the heading OFFENCES UNDER THE INDIAN PENAL CODE, in its application to the State of Himachal Pradesh, against the entrie s relating to section 304 -AA, under column 2, for the words a public service vehicle, the words any vehicle shall be substituted. [Vide Himachal Pradesh Act 7 of 2012, s. 3.] Jammu and Kashmir and Ladakh (UTs). 1 2 3 4 5 354E Sextortion Imprisonm ent of not less than 3 years but which may extend to five years and Cognizable Non-bailable Magistrate of the First Class 250 with fine. [vide the Jammu and K

ate of the First Class 250 with fine. [vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws ) Order , 2020, vide notification No. S.O . 1123(E) dated (18 -3-2020).] Orissa Amendment of First Schedule .In the First Schedule to the said Code, in the entry under column 5 relating to section 354 of the Indian Penal Code, 1860 (45 of 1860) for the word Bailable the word non -bailable shall be subst ituted. [Vide Orissa Act 6 of 1995, s. 3] Amendment of First Schedule . In the first Schedule to the principal Act, for the existing entries relating to sections 272, 273,274, 275 and 276, the following entries shall respectively be substituted , namely: Section Offence Punishment Cognizable or non-cognizable Bailable non - bailable or By what Court triable (1) (2) (3) (4) (5) (6) 272. Adulterating food or drink intended For sale, or as to make the same noxious. Imprisonment for life and fine. Cognizable Non-bailable Court of Session. 273. Selling any food or drink as food and drink, knowing the same to be noxious. Ditto Ditto Ditto Ditto 274. Adulterating any drug or medical Preparation intended for sale s o as to Lessen its efficacy, or to change its Operation, or to make it noxious. Ditto Ditto Ditto Ditto 275. Offering for sale or issuing from a dispensary and drug or medical preparation known to have been adulterated. Imprisonment for life and fine Cogn izable Non-bailable Court for session. 276. knowingly selling or issuing from A dispensary and drug or medical Preparation as a different drug or medical preparation. Ditto Ditto Ditto Ditto [Vide Orissa Act 6 of 2004, s. 3] 251 Andhra Pradesh and Telangan a Amendment of First Schedule, Central Act 2 of 1974. - In the Code of Criminal Procedure, 1973, in the First Schedule, under the heading captioned I -Offences under the Indian Penal Code, - (i) against the entry relating to section 354 in column 3 for the expression imprisonment for 2 years, or fine, or both, the expression , imprisonment for 7 years and fine, and in column 5 for the word Bailable, the words Non -bailable, and in column 6 for the words any Magistrate, the words court of session, shall respectively be substituted; (ii) against the entries relating to section 355 in column 3 for the word Ditto the expression imprisonment for 2 years, or fine or both, and in column 5 for the word Ditto, the word Bailable and in column 6 for t he word Ditto, the words Any Magistrate, shall respectively be substituted; (iii) against the entries relating to section 494 in column 4 for the word Ditto, the word cognizable and in column 5 for the word Bailable, the words Non -bailable shal l respectively be substituted; (iv) against the entries relating to section 495 in column 4 for the word Ditto, the word cognizable and in column 5 for the word Ditto, the words Non -bailable shall respectively be substituted; (v) against the entrie s relating to section 496 in column 4 for the word Ditto, the word Cognizable and in column 5 for the word Ditto, the words Non -bailable shall respectively be substituted; (vi) against the entries relating to section 497 in column 4 for the word D itto, the words Non -cognizable and in column 5 for the word Ditto, the word Bailable shall respectively be substituted. [Vide Andhra Pradesh Act 3 of 1992, s. 2] Uttar Pradesh Amendment of the First Schedule to Act no. 2 of 1974 . In the Code of Cri minal Procedure, 1973, in the First Schedule, for the existing entries against sections 272, 273, 274, 275 and 276, the following entries shall be substituted in Columns 2,3,4,5 and 6 respectively, namely :-- 272 Adulterating food or drink intended for sa le, so as to make the same noxious. Imprisonment for life, with or without fine. Cognizable Non- bailable Court of session 273 Selling any food or drink as food and drink, knowing the same to be noxious. Ditto Ditto Ditto Ditto 274 Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to make it noxious. Ditto Ditto Ditto Ditto 275 Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated. Imprisonment for life, with or without fine. Cognizable Non- bailable Court of session 276 Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation Ditto Ditto Ditto Ditto [Vide Uttar Pradesh Act 47 of 1975, s. 4] 252 Uttar Pradesh In the First Schedule to the said Code, in the entries relating to section 363 of the Indian Penal Code, in column 5, for the existing words, the words Non -bailable shall be substituted. [Vide Uttar Pradesh Act 1 of 1984, s. 12] 253 THE SECOND SCHEDULE (See section 476) FORM No. 1 SUMMONS TO AN ACCUSED PERSON (See section 61) To ( name of accused ) of ( address ) WHEREAS your attendance is necessary to answer to a charge of ( state shortly the offence charged ), you are hereby required to appear in person ( or by pleader, as the case may be) before the ( Magistrate ) of , on the day . Herein fail not. Dated, this day of , 19 . (Seal of the Court ) (Signature ) ________________ FORM N o. 2 WARRRANT OF ARREST (See section 70) To ( name and designation of the person or persons who is or are to execute the warrant ). WHEREAS (name of accused ) of ( address ) stands charged with the offence of ( state the offence ), you are hereby directed to arrest the said , and to produce him before me. Herein fail not. Dated, this day of ,19 . (Seal of the Court ) (Signature ) (See section 71) This warrant may be endorsed as follows: If the said shall give bail himself in t he sum of rupees with one surety in the sum of rupees ( or two sureties each in the sum of rupees ) to attend before me on the day of and to continue so to attend until otherwise directe d by me, he may be released. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ________________ 254 FORM N o. 3 BOND AND BAIL -BOND AFTER ARREST UNDER A WARRANT (See section 81) I, (name), of ,being brought before the District Magistrate of ( or as the case may be ) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the Court of on the day of next, to answer to the said charge, and to continue so to attend u ntil otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees Dated, this day of ,19 . (Signature ) I do hereby declare myself surety for the above -named of that he shall attend before in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Gover nment, the sum of rupees Dated, this day of ,19 . (Signature ) ________________ FORM N o. 4 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 82) WHEREAS a complaint has been made before me that (name, description and address ) has committed ( or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ( name ) cannot be found, and whereas it has been shown to my satisfaction that the said ( name ) has absconded ( or is concealing himself to avoid the service of the said warranty); Proclamation is hereby made that the said of is required to appear at ( place ) before this Court ( or before me) to answer the said complaint on the day of Dated, this day of ,19 . (Seal of the Court ) (Signature ) ________________ 255 FORM N o. 5 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 82, 87 and 90) WHEREAS complaint has been made before me that ( name, description and address ) has committed ( or is suspected to have committed) the offence of ( mention the offence concisely ) and a warrant has been is sued to compel the attendance of ( name , description and address of the witness ) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said ( name of witness ) cannot be served, and it has been shown to my satisfaction that he has absconded ( or is concealing himself to avoid the serv ice of the said warrant); Proclamation is hereby made that the said ( name ) is required to appear at ( place ) before the Court on th e day of next at oclock to be examined touching the offence complained of. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ________________ FORM N o. 6 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 83) To the officer in charge of the police station at WHEREAS a warrant has been duly issued to compel the attendance of ( name, description and address ) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded ( or is concealing himself to avoid the s ervice of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find with in the District of and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ________________ 256 FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 83) To (name and designation of the person or persons who is or are to execute the warrant ). WHEREAS complaint has been made before me that ( name, description and address ) has committed ( or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ( name ) cannot be found; and whereas it has been shown to my satisfaction that the said ( name ) has absconded ( or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within days; and whereas the said is possessed of the following property, other than land paying revenue to Government, in the village ( or town), of , in the Dist rict of , viz., , and an order has been made for the attachment thereof; You are hereby required to attach the said property in the manner specified in clause ( a), or clause ( c), or both*, of sub -section ( 2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ______________ ____________________________________________________________ * Strike out the one which is not applicable, depending on the nature of the property to be attached. _______________ FORM N o. 8 ORDER AUTHORISING AN ATTAC

nature of the property to be attached. _______________ FORM N o. 8 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLL ECTOR (See section 83) To the District Magistrate/Collector of the District of WHEREAS complaint has been made before me that ( name, description and address ) has committed ( or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ( name ) cannot be found; and whereas it has been shown to my satisfaction that the said ( name ) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ( name ) to appear to answer the said charge within days; and whereas the said is possessed of certain land pa ying revenue to Government in the village ( or town ) of , in the District of ; You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause ( a), or clause ( c), or both*, of sub -section ( 4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this day of ,19 . (Seal of the Co urt) (Signature ) _____________________________________________________________________________________ * Strike out the one which is not desired. 257 FORM N o. 9 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 87) To (name and designation of th e police officer or other person or persons who is or are to execute the warrant ). WHEREAS complaint has been made before me that ( name and description of accused ) of ( address ) has ( or is suspec ted to have ) committed the offence of ( mention the offence concisely ), and it appears likely that ( name and description of witness ) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said ( name of witness ), and on the day of to bring him before this Court , to be examined touching the offence complained of. Dated, this day of , 19 . (Seal of the Court ) (Signature ) ________ _______ FORM N o. 10 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 93) To (name and designation of the police officer or other person or persons who is or are to execute the warrant ). WHEREAS information has been laid (or complaint has been made ) before me of the commission ( or suspected commission) of the offence of ( mention the offence concisely ), and it has been made to appear to me that the production of ( specify the thing clearly ) is essential to the inquiry now being made ( or about to be made) into the said offence ( or suspected offence); This i s to authorise and require you to search for the said ( the thing specified ) in the ( describe the house or place or part thereof to which the search is to be confined ), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _______________ 258 FORM N o. 11 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 94) To (name and designation of the police officer above the rank of a constable ). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been le d to believe that the ( describe the house or other place ) is used as a place for the deposit ( or sale) of stolen property ( or if for either of the other purposes expressed in the section, state the purpose in th e words of the section ); This is to authorise and require you to enter the said house ( or other place ) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house ( or ot her place, or if the search is to be confined to a part, specify the part clearly ), and to seize and take possession of any property ( or documents, or stamps, or seals, or coins, or obscene objects, as the case may be ) (add, when the case requires it ) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes ( as the case may be ), and forthwith to brin g before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _______________ FORM N o. 12 BOND TO KEEP THE PEACE (See sections 106 and 107) WHEREAS I, ( name ), inhabitant of ( place ), have been called upon to enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of , I her eby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit , to Government, the sum of rupees Dated, this day of ,19 . (Signature ) _______________ 259 FORM N o. 13 BOND FOR GOOD BEHAVIOUR (See sections 108, 109 and 110) WHEREAS I, ( name ), inhabitant of (place ), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of ( state the period ) or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the com pletion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees Dated, this day of ,19 . (Signature ) (Where a bond with sureties is to be executed, add ) We do hereby declare ou rselves sureties for the above -named that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees Dated, this day of ,19 . (Signature ) _______________ FORM No. 14 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 113) To of WHEREAS it has been made to appear to me by credible information that ( state the substance of the information ), and that you are likely to commit a breach of the peace ( or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person ( or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten oclock in the forenoon, to show cause why y ou should not be required to enter into a bond for rupees [ when sureties are required, add , and also to give security by the bond of one ( or two, as the case may be ) surety ( or sureties ) in the sum of rupees (each if mo re than one )], that you will keep the peace for the term of Dated, this day of ,19 . (Seal of the Court ) (Signature ) _______________ 260 FORM No. 15 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 122) To the Officer in charge of the Jail at WHEREAS (name and address ) appeared before me in person (or by his authorised agent) on the day of in obedie nce to a summons calling upon him to show cause why he should not enter into a bond for rupees with one surety ( or a bond with two sureties each in rupees ), that he, the said ( name ) would keep the peace for the period of months; and whereas an order was then made requiring the said ( name ) to enter into and find such security ( state the sec urity ordered when it differs from that mentioned in the summons ), and he has failed to comply with the said order; This is to authorise and require you to receive the said ( name ) into your custody, together with this war rant, and him safely to keep in the said Jail for the said period of ( term of imprisonment ) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _______________ FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 122) To the Officer in charge of the Jail at WHEREAS it has been made to appear to me that ( name and description ) has been concealing his presence within the district of and that there is reason to believe that he is doing so with a view to committing a cognizable offence; or WHEREAS evidence of the general character of ( name and description ) has been adduced bef ore me and recorded, from which it appears that he is an habitual robber ( or house -breaker, etc., as the case may be ); AND WHEREAS an order has been recorded stating the same and requiring the said ( name ) to furnish security for his good behaviour for the term of ( state the period ) by entering into a bond with one surety (or two or more sureties, as the case may be ), himself for rupees , and the said surety (or each of the said sureties) r upees , and the said ( name ) has failed to comply with the said order and for such default has been adjudged imprisonment for ( state the term ) unless the said security be sooner furnished; This is to a uthorise and require you receive the said ( name ) into your custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of ( term o f imprisonment ) unless he shall in the meantime be lawfully ordered to be released , and to return this warrant with an endorsement certifying the manner of its execution. Dated , this day of ,19 . (Seal of the Court ) (Signature ) _______________ 261 FORM No . 17 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 122 and 123) To the Officer in charge of the Jail at ( or other officer in whose custody the person is). WHEREAS (name and description of prisoner ) was committed to your custody under warrant of the Court, dated the day of 19 ; and has since duly given security under section of the Code of Criminal Procedure, 1973. or WHEREAS (name and description of prisoner ) was committed to your custody under warrant of the Court, dated the day of 19 ; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorise and require you forthwith to discharge the said ( name ) from your custody unless he is liable to be detained for some other cause. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _______________ FORM No. 18 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE (See section 125) To the Officer in charge of the Jail at WHEREAS (name, description and address ) has been proved before me to be possessed of sufficient means to maintain his wife ( name ) [or his child ( name ) or his father or mother ( name ), who is by reason of ( state the reason ) unable to maintain herself ( or himself)] and to have neglected ( or refused) to do so, and an order has been duly made requiring the said ( name ) to allow to his said wife ( or child or father or mother) for maintenance the monthly sum of rupees ; and whereas it has been further proved that the said ( name ) in wilful disregard of the said order has failed to pay rupees , being the amount of the allowance for the month ( or months) of ; And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of ; This is to authorise and require you receive the said (name ) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ______________ 262 FORM No. 19 WARRANT TO EN

of the Court ) (Signature ) ______________ 262 FORM No. 19 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE (See section 125) To (name and designation of the police officer or other person to execute the warrant ). WHEREAS an order has been du ly made requiring ( name ) to allow to his said wife ( or child or father or mother) for maintenance the monthly sum of rupees , and whereas the said ( name ) in wilful disregard of the said order has failed to pay rupees , being the amount of the allowance for the month ( or months) of This is to authorise and require you to attach any movable property belonging to the said ( name ) which may be found within the district of , and if within ( state the number of days or hours allowed ) next after such attachment the said sum shall not be paid ( or forthwith ), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, retur ning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) ______________ FORM No. 20 ORDER FOR THE REMOVAL OF NUISANCES (See section 133) To ( name, description and address ). WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway ( or other public place) which, etc., ( describe the roa d or public place ) by, etc., ( state what it is that causes the obstruction or nuisance ), and that such obstruction ( or nuisance) still exists; or WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of ( state the particular trade or occupation and the place where it is carried on ), and that the same is injurious to the public health ( or comfort) by reason ( state briefly in what manner the injurious effects are caused ), and should be suppressed or removed to different place; or WHEREAS it has been made to appear to me that you are the owner ( or are in possession of or have the control over) a certain tank ( or well or excavation) adjacent to the public way ( describe the thoroughfare ), and that the safety of the public is endangered by reason of the said tank ( or well or excava tion) being without a fence or insecurely fenced); or WHEREAS , etc., etc., ( as the case may be ); 263 I do hereby direct and require you within ( state the time allowed ) (state what is required to be done to abate the nui sance ) or to appear at in the Court of on the day of next, and to show cause why this order should not be enforced; or I do hereby direct and require you within ( state the time allowed ) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; or I do hereby direct and require you within ( state the time allowed ) to put up a sufficient fence ( state the kind of fence and the part to be fenced ); or to appear, etc.; or I do hereby direct and require you, etc., etc. ( as the case may be ). Dated, this day of , 19 . (Seal of the Court ) (Signature ) ______________ FORM No. 21 MAGISTRATES NOTICE AND PEREMPTORY ORDER (See section 141) To ( name, description and address ). I HEREBY give you notice that it has been found that the order issued on the day of requiring you ( state substantially the requisition in the order ) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within ( state the time allowed ), on peril of the penalty provided by the Indian Penal Code for disobedience thereto. Dated , this day of ,19 . (Seal of the Court ) (Signature ) ______________ FORM No. 22 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 142) To ( name, description and address ). WHEREAS the inquiry into the conditional order issued by me on the day of ,19 , is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render nece ssary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 142 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to ( state plainly what is required to be done as a temporary safeguard ), pending the result of the inquiry. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 264 FORM No. 23 MAGISTRATES ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE (See section 143) To ( name, description and address ). WHEREAS it has been made to appear to me that, etc. ( state the proper recital, guided by Form No. 20 or Form No. 24, as the case may be ); I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 24 MAGISTRATES ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. (See section 144) To ( name, description and address ). WHEREAS it has been made to appear to me that you are in possession ( or have th e management) of (describe clearly the property ), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug -up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; or WHEREAS it has been made to appear to me that you and a number of other persons ( mention the class of persons ) are about to meet and proceed in a procession along the public street, etc., ( as the case may be ) and that such procession is likel y to lead to a riot or an affray; or WHEREAS , etc., etc., ( as the case may be ); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; or I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession ( or as the case recited may require ). Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 265 FORM No. 25 MAGISTRATES ORDER DECLARING PAR TY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE (See section 145) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between ( describe the parties by name and residence or residence only if the dispute be between bodies of villagers ) concerning certain ( state concisely the subject of dispute ), situate within my local jurisdiction, all the said parties were call ed upon to give in a written statement of their respective claims as to the fact of actual possession of the said ( the subject of dispute ), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim o f either of the said parties to the legal right of possession, that the claim of actual possession by the said ( name or names or description ) is true; I do decide and declare that he is ( or they are) in posse ssion of the said ( the subject of dispute ) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his ( or their) possession in the meantime. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 26 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. (See section 146) To the officer in charge of the police station at (or, To the Collec tor of ). WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed between ( describe the parties concerned by name and residence, or resi dence only if the dispute be between bodies of villagers ) concerning certain ( state concisely the subject of dispute ) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ( the subject of dispute ), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said ( the subject of dispute ) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said (the subject of dispute ) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtain ed, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 266 FORM No. 27 MAGISTRATES ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER (See section 147) A dispute having arisen concerning the right of use of ( state concisely the subject of dispute ) situate within my local jurisdiction, the possession of which land ( or water) is claimed exclusively by ( describe the person or persons ), and it appears to me, on due inquiry into the same, that the said land ( or water) has been open to the enjoyment of such use by the public ( or if by an individual or a class of persons, describe him or them ) and ( if the use can be enjoyed throughout the year ) that the said use has been enjoyed within three months of the institution of the said inquiry ( or if the use is enjoyable only at a particular season, say , during the last of the seasons at which the same is capable of being enjoyed ); I do order that the said ( the claimant or claimants of possession ) or any one in their interest, shall not take ( or retain) possession of the said land ( or water ) to the exclusion of the enjoyment of the right of use aforesaid, until he ( or they) shall obtain the decree or order of a competent Court adjudging him ( or them) to be entitled to exclusive possession. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 28 BOND AND BAIL -BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER (See section 169) I, (name ), of , being charged with the offence of , and after inquiry required to appear before the Magistrate of or and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at , in the Court o f , on the day of next ( or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein. I bind myself to forfeit to Government, the sum of ru pees Dated, this day of ,19 . (Signature ) I hereby declare myself ( or we jointly and severally declare ourselves and each of us) surety ( or sureties ) for the above said ( name ) that he shall attend at in the Court of , on the day of next ( or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees. Dated, this day of ,19 . (Signature ) _____________ 267 FORM No. 29 BOND TO PROSECUTE OR GIVE EVIDENCE (See section 170) I, ( name ) of (place ), do hereby bind myself to attend at in the Court of at oclock on the day of next and then and ther e to prosecute ( or to prosecute and give evidence) ( or to give evidence) in the matter of a charge of against one A.B., and , in case of making default herein, I bind myself to forfeit to Government the sum of rupees Dated, this day of ,19 . (Signature ) _____________ FORM No. 30 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 206) To, (Name of the accused ) of ( address ) WHEREAS your attendance is necessa ry to answer a charge of a petty offence ( state shortly the offence charged ), you are hereby required to appear in person ( or by pleader) before (Magistrate) of on the day of 19 , or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of rupees as fine, or if you desire to app ear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not. Dated

plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not. Dated, this day of ,19 . (Seal of the Court ) (Signa ture) (Note .-The amount of fine specified in this summons shall not exceed on hundred rupees.) _____________ FORM No. 31 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 209) The Magistrate of hereby gives notic e that he has committed one for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that, etc. ( state the offence as in the charge ) Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 268 FORM No. 32 CHARGES (See sections 211,212 and 213) I. CHARGES WITH ONE -HEAD (1) (a) I, (name and office of Magistrate, etc. ), hereby charge you ( name of accused person ) as follows: (b) On section 121 That you, on or about the day of , at , waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court. (c) And I hereby direct that you be tr ied by this Court on the said charge. (Signature and seal of the Magistrate ) [To be substituted for (b)]: (2) On section 124 That you, on or about the day of , at , with the intention of inducing th e President of India [ or, as the case may be , the Governor of ( name of State )] to refrain from exercising a lawful power as such President ( or, as the case may be , the Government) assaulted President ( or, as the case may be , the Governor), and the reby committed an offence punishable under section 124 of the India Penal Code, and within the cognizance of this Court. (3) On section 161 That you, being a public servant in the Department, directly accepted from (state the name ) for another party ( state the name ) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 16 1 of the Indian Penal Code, a nd within the cognizance of this Court. (4) On section 166 That you, on or about the day of , at , did ( or omitted to do, as the case may be ) , such conduct being contrary to the provisions of Act , section , and known by you to be prejudicial to , and thereby committed an offence punishable under section 166 of the Indian Penal Code, and within the cognizance of this Court. (5) On section 193 That you, on or about the day of , at , in the course of the trial of before , stated in evidence that which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance of this Court. (6) On section 304 That you, on or about the day of , at , committed culpable homicide not amounting to murder, causing the death of , and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of this Court. (7) On section 306 That you, on or about the day of , at , abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Indian Penal Code, and within the cognizance of this Court. (8) On section 325 That you, on or about the day of , at , voluntarily caused grievous hurt to , and thereby committed an offen ce punishable under section 325 of the Indian Penal Code, and within the cognizance of this Court. (9) On section 392 That you, on or about the day of , at , robbed ( state the name ), and thereby committed an offence punishable under section 392 of the Indian Penal Code, and within the cognizance of this Court. 269 (10) On section 395 That you, on or about the day of , at , committed daco ity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this Court. II. C HARGES WITH TWO OR MORE HEADS (1) (a) I, ( name and office of Magi strate, etc. ), hereby charge you ( name of accused person ) as follows: (b) On section 241 First That you, on or about the day of , at , knowing a coin to be cou nterfeit, delivered the same to another person, by name, A.B., as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session. Secondly That you, on or about the day of , at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian P enal Code, and within the cognizance of the Court of Session. (c) And I hereby direct that you be tried by the said Court on the said charge. (Signature and seal of the Magistrate ) [To be substituted for (b)]: (2) On sections 302 and 304 First That you, on or about the day of , at , committed murder by causing the death of , and thereby committed an offence punishable under section 302 of the Indian Penal Code, and within the cogn izance of the Court of Session. Secondly That you, on or about the day of , at , by causing the death of , committed culpable homicide not amounting to murder, and thereb y committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of Session. (3) On sections 379 and 382 First That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session. Secondly That you, on or about the day of , at , committed thef t, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session. Thirdly That you, on or about the day of , at , committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offen ce punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session. Fourthly That you, on or about the day of , at , committed theft, having made preparatio n for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session. (4) Alternative ch arge on section 193 That you, on or about the day of , at , in the course of the inquiry into , before , stated in evidence that , and that you, on or about the day of , at , in the course of the trial of , before , stated in the evidence that , one of which statement s you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute within my cognizance for within the cognizance of the Court of Session .) 270 III. C HARGES FOR THEFT AFTER PREVIOUS CONVICTION I, ( name and office of Magistrate, etc .) hereby charge you ( name of accused person ) as follows: That you, on or about the day of , at , commi tted theft, and thereb y committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session ( or Magistrate, as the case may be ). And you, the said (name of accused ), stand further charged that you, before the committing of the said offence, that is to say, on the day of , had been convicted by the ( state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house -breaking by night ( describe the offence in the words used in the section under whi ch the accused was convicted ), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code. And I hereby direct that you be tried, etc. _____________ FORM No. 33 SUMM ONS TO WITNESS (See sections 61 and 244) To of WHEREAS complaint has been made before me that ( name of the accused ) of ( address ) has ( or is suspected to have) committed the offence of ( state the offence concisely with time and place ), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution; You are hereby summoned to appear before this Court on the day of next at ten oclock in the forenoon, to pro duce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the sa id date, a warrant will be issued to compel your attendance. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 34 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A 1[COURT] 2[(See sections 235, 24 8 and 255)] To the Officer in charge of Jail at WHEREAS on the day of , ( name of the prisoner ), the (1st, 2nd, 3rd, as the case may be ) prisoner in case No. of the Calendar for 19 , was convicted before me ( name and official designation ) of the offence of (mention the offence or offences concisely ) under section ( or sections) of the Indian Penal Code ( or of Act ), and was sentenced to ( state the punishmen t fully and distinctly ); This is to authorise and require you to receive the said ( prisoners name ) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execu tion according to law. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 1. Subs. by Act 45 of 1978, s. 35, for MAGISTRATE. 2. Subs. by s. 35, ibid, for ( See sections 248 and 355) (w.e.f. 18 -12-1978). 271 FORM No. 35 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 250) To the Officer in charge of Jail at WHEREAS (name and description ) has brought against ( name and description of the accused person ) the complaint that ( mention it concisely ) and the same has been dismissed on the g round that there was no reasonable ground for making the accusation against the said ( name ) and the order of dismissal awards payment by the said ( name of complainant ) of the sum of rupees as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be soo ner paid; This is to authorise and require you to receive the said ( name ) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of impr isonment ), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 36 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE (See section 267) To the Officer in charge of Jail at WHEREAS the attenda nce of ( name of prisoner ) at present confined/detained in the above -mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged ) or for the purpose of a proceeding ( state shortly the particulars of the proceed

(state shortly the offence charged ) or for the purpose of a proceeding ( state shortly the particulars of the proceeding ); You are hereby required to produce the said under safe and sure conduct before this Court at on the day of , 19 , by A.M. there to answer to the said charg e, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof. Dated, this day of ,19 . (Seal of t he Court ) (Signature ) Countersigned. (Seal) (Signature ) ____________ 272 FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 267) To the Officer in charge of the Jail at WHEREAS complaint has been made be fore this Court that ( name of the accused ) of has committed the offence of ( state offence concisely with time and place ) and it appears that (name of prisoner ) at present confined/detained in the above -mentioned prison, is likely to give material evidence for the prosecution/defence; You are hereby required to produce the said under safe and sure conduct before this Court at on the day of , 19 , by A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with h is further attendance, cause him to be conveyed under safe and sure conduct back to the said prison; And you are further required to inform the said of the contents of this order and deliver to him the attached co py thereof. Dated, this day of , 19 . (Seal of the Court ) (Signature ) Countersigned. (Seal) (Signature ) _____________ FORM No. 38 WARRANT OF COMMITMENT IN CERTAIN CASES OF CO NTEMPT WHEN A FINE IS IMPOSED (See section 345) To the Officer in charg e of the Jail at WHEREAS at a Court held before me on this day ( name and description of the offender ) in the presence (or view) of the Court committed wilful contempt; And whereas for such contempt the sai d ( name of the offender ) has been adjudged by the Court to pay a fine of rupees , or in default to suffer simple imprisonment for the period of (state the number of months or days); This is to authorise and require you to receive the said ( name of the offender ) into your custody, together with this warrant, and him safely to keep in the sa id Jail for the said period of ( term of imprisonment ), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 273 FORM No. 39 MAGISTRATES OR JUDGES WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 349) To (name and designation of officer of Court ) WHEREAS (name and description ), being summoned ( or brought before this Court) as a witness and this day required to give evidence on an inquiry into a n alleged offence, refused to answer a certain question ( or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any ju st excuse for such refusal, and for his refusal has been ordered to be detained in custody for ( term of detention adjudged ); This is to authorise and require you to take the said ( name ) into c ustody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 40 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 366) To the Officer in charge of the Jail at WHEREAS at the Session held before me on the day of , 19 , ( name of prisoner ), the (1st, 2nd, 3rd, as the case may be ), prisoner in case No. of the Calendar for 19 at the said Session, was duly convicted of the offence of culpable homicide amounting to mur der under section of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the Court of ; This is to authorise and require you to receive the said ( prisoners name ) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the o rder of the said Court. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 274 FORM No. 41 WARRANT AFTER A COMMUTATION OF A SENTENCE 1[(See sections 386, 413 and 416)] To the Officer in charge of the Jail at WHEREAS at a Session held on the day of , 19 , ( name of the prisoner ), the (1st, 2nd, 3rd, as the case may be ) prisoner in case No. of the Calendar for 19 at the said Se ssion, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the orde r of the Court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; This is to authorise and require you safely to ke ep the said ( prisoners name ) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonmen t for life under the said order, or if the mitigated sentence is one of imprisonment, say, after the words custody in the said Jail , and there to carry into execution the punishment of imprisonment under the said order according to law . Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ FORM No. 42 WARRANT OF EXECUTION OF A SENTENCE OF DEATH 2[(See sections 413 and 414)] To the Officer in charge of the Jail at WHEREAS (name of the prisoner ), the (1st, 2nd, 3rd, as the case may be ) Prisoner in case No. of the Calendar for 19 at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the High Court at confirming the said sentence has been received by this Court; This is to authorise a nd require you to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at ( time and place of execution ), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 1. Subs. by Act 45 of 1978, s. 35 for (See section 386) (w.e.f. 18 -12-1978). 2. Subs. by s. 35, ibid., for ( See section 414) (w.e.f. 18 -12-1978). 275 FORM No. 43 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 421) To (name and designat ion of the police officer or other person or persons who is or are to execute the warrant ). WHEREAS (name and description of the offender ) was on the day of , 19 , convicted before me of the offence of ( mention the offence concisely ), and sentenced to pay a fine of rupees ; and whereas the said ( name ), although require d to pay the said fine, has not paid the same or any part thereof; This is to authorize and require you to attach any movable property belonging to the said ( name ), which may be found within the district of ; and, if within (state the number of days or hours allowed ) next after such attachment the said sum shall not be paid ( or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, return ing this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ FORM No. 44 WARRANT FOR RECOVERY OF FINE (See section 421) To the Collector of the district of WHEREAS (name, address and description of the offender ) was on the day of , 19 , convicted before me of the offence of (mention the offence concisely ), and sentenced to pay a fine of rupees ; and WHEREAS the said ( name ), although require to pay the said fine, has not paid the same or any part of thereof; You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said ( name ) and to certify without delay wh at you have done in pursuance of this order. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 276 1[FORM No. 44A BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALIS ATION OF FINE [See section 424 ( 1) (b)] WHEREAS I, (name ) inhabitant of ( place ), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo imprisonment for ; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date ( or dates), namely: I hereby bind myself to appear before the Court of at oclock on the following date ( or dates), namely: and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees . Dated, this day of , 19 . (Signature ) WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD We do hereby declare ourselves sureties for the above -named that he will appear before the Court of on the following date ( or dates), namely: And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government th e sum of rupees . (Signature ).] _____________ FORM No. 45 BOND AND BAIL -BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 436, 2[436A,] 437, 3[437A,] 438 ( 3) and 441] I, ( name ), of (place ), having been arrested or detained without warrant by the Officer in charge of police station ( or having been brought before the Court of ), charged with the o ffence of , and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such cha rge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees . Dated, this day of , 19 . (Signature ) I hereby declare myself ( or we jointly and severally declare ourselves and each of us) surety ( or sureties) for the above said ( name ) that he shall attend the Officer in charge of police station or the Court of on every day on whi ch any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself ( or we, hereby bind ourselves) to forfeit to Government the sum of rupees . Dated, this day of , 19 . (Signature ) _____________ 1. Ins. by Act 45 of 1978, s. 35 (w.e.f. 18 -12-1978). 2. Ins. by Act 25 of 2005, s. 43 (w.e.f. 23 -6-2006). 3. Ins. by Act 5 of

43 (w.e.f. 23 -6-2006). 3. Ins. by Act 5 of 2009, s. 32 (w.e.f. 31 -12-2009). 277 FORM No. 46 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAI LURE TO GIVE SECURITY (See section 442) To the Officer in charge of the Jail at (or other officer in whose custody the person is ) WHEREAS (name and description of prisoner ) was committed to your custody under warrant of this Court, dated the day of , and has since with his surety ( or sureties ) duly executed a bond under section 441 of the Code of Criminal Procedure; This is to authorise and require you fort hwith to discharge the said ( name ) from your custody, unless he is liable to be detained for some other matter. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 1[FORM No. 47 WARRANT OF ATTACHMENT TO E NFORCE A BOND (See section 446) To the Police Officer in charge of the police station at WHEREAS (name, description and address of person ) has failed to appear on ( mention the occasion ) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees ( the penalty in the bond ); and whereas the said ( name of person ) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him; This is to authorise and require you to attach any movable property of the said ( name ) that you may find within the district of , by seizure and detention, and, if the said amount be not paid within , days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to mak e return of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature )] _____________ 1. Ins. by Act 45 of 1978, s. 35 (w.e.f. 18 -12-1978). 278 FORM No. 48 NOTICE TO SURETY ON BREACH OF A BOND (See section 446) To of WHEREAS on the day of , 19 , you became surety for ( name ) of (place ) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to Government; and whereas th e said ( name ) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees . You are hereby required to pay the said penalty or show cause, within days f rom this date, why payment of the said sum should not be enforced against you. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ FORM No. 49 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To of WHEREAS on the day of , 19 , you became surety by a bond for ( name ) of ( place ) that he would be of good behaviour for the period of and bound yourself in default thereof to forfeit the sum of rupees to Government; and whereas the said ( name ) has been convicted o f the offence of ( mention the offence concisely ) committed since you became such surety, whereby your security bond has become forfeited; You are hereby required to pay the said penalty of rupees or to show cause within days why it should not be paid. Dated, this day of ,19 . (Seal of the Court ) (Signature ) _____________ 279 FORM No. 50 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 446) To of WHEREAS (name, description and address ) has bound himself as surety for the appearance of ( mention the condi tion of the bond ) and the said ( name ) has made default, and thereby forfeited to Government the sum of rupees ( the penalty in the bond ); This is to autho rise and require you to attach any movable property of the said ( name ) which you may find within the district of , by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ FORM No. 51 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 446) To the Superintendent (or Keeper) of the Civil Jail at WHEREAS (name and description of surety ) has bound himself as a surety for the appearance of ( state the condition of the bond ) and the said ( name ) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said ( name of surety ) has, on due notice to him, failed to pay the said sum or show any sufficient caus e why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for ( Specify the period ); This is to authorise and require you, the said Superintendent (or Keeper) to receive the said ( name ) into your custody with the warrant and to keep him safely in the said Jail for the said (term of imprisonment ), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 280 FORM No. 52 NOTICE TO THE PRINCIPAL OF F ORFEITURE OF BOND TO KEEP THE PEACE (See section 446) To ( name, description and address ) WHEREAS on the day of , 19 , you entered into a bond not to commit, etc., (as in the bond ), and proof of the forfeiture of the same has been given before me and duly recorded; You are hereby called upon to pay the said penalty of rupees or to show cause b efore me within days why payment of the same should not be enforced against you. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ FORM No. 53 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL O N BREACH OF A BOND TO KEEP THE PEACE (See section 446) To (name and designation of police officer ), at the police station of WHEREAS (name and description ) did, on the day of , 19 , enter into a bond for the sum of rupees binding himself not to commit a breach of the peace, etc., ( as in the bond ), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ( name ) calling upon him to show cause why the said sum should not be paid, and he has failed t o do so or to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said ( name ) to the value of rupees , which you may find within th e district of , and, if the said sum be not paid within , to sell the pr operty so attached, or so much of it as may be sufficient to realize the same; and to make return of what you have done under thi s warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 281 FORM No. 54 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 446) To the Superintendent (or Keeper) of th e Civil Jail at WHEREAS proof has been given before me and duly recorded that ( name and description ) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of r upees ; and whereas the said ( name ) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachmen t of his movable property, and an order has been made for the imprisonment of the said ( name ) in the Civil Jail of the period of ( term of imprisonment ); This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said ( name ) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ( term of imprisonment ), and to return this warrant with an endorsement certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ FORM No. 55 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To the Police Officer in charge of the police station at WHEREAS (name, description and address ) did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of ( name, etc., of the principal ), and proof has been given before me and duly recorded of the commission by the said ( name ) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said ( name ) call ing upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said ( name ) to the value of rupees which you may find within the district of , and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make ret urn of what you have done under this warrant immediately upon its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ 282 FORM No. 56 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 446) To the Superintendent (or Keeper) of the Civil Jail at WHEREAS (name, description and address ) did, on the day of , 19 , give security by bond in the sum of rupees for the good behav iour of ( name, etc., of the principal ), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said ( name ) has forfeited to Government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the im prisonment of the said ( name ) in the Civil Jail for the period of ( term of imprisonment ); This is to authorise and require you, the Superintendent (or Keeper), to receive the said ( name ) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of ( term of imprisonment ), returning this warrant with an endorseme nt certifying the manner of its execution. Dated, this day of , 19 . (Seal of the Court ) (Signature ) _____________ STATE AMENDMENT Andhra Pradesh Amendment of Form No. 45 in the Second Schedule. In the Principal Act, in the Second Schedule, in Fo rm No. 45, in paragraph 2, after the words, to forfeit to Government the sum of rupees the following words shall be added namely: and I shall pay the fine imposed by the court in case I fail to produce the accused on the date fixed by the court. [Vide Andhra Pradesh Act 17 of 2019 s. 3] 283 APPENDIX EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005 NO. 25 OF 2005 [23rd June , 2005.] An Act further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Fifty -sixth Year of the Republic of India as follows: 1. Short title and commencement. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2005. (2) Save as otherwise provided in this Act, it shall come into force on such date as the Centra l Government may, by notification in the Official Gazette, appoint 1[; and different dates* may be appointed for different provisions of this Act. ] * * * * *

for different provisions of this Act. ] * * * * * 16. Insertion of new section 144A .In Chapter X of the principal Act, under sub -heading C.Urgent cases of nuisance or apprehended danger , after section 144, the following section shall be inserted, namely: 144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms. (1) The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public orde r, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place. (2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. (3) No public notice issued or an order made under this section shall remain in force for mo re than three months from the date on which it is issued or made. (4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the District Magistrate would h ave, but for such direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub -section ( 4) to t he District Magistrate. 1. Ins. by Act 25 of 2006, s. 2 (w.e.f. 2 -6-2006). * 23 -6-2006, vide Notification No.S.O. 923(E) dated 21 -6-2006 [Except the Provisions of Section 16, 25, 28( a), 28( b), 38, 42(a), 42( b), 42( f)(iii) and ( iv) and 44( a)]. 284 Explanation. The word arms shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).. * * * * * 1* * * * * * * * * * 28. Amendment of section 320. In section 320 of the principal Act, in the Ta ble under sub -section (2), (a) the words Voluntarily causing hurt by dangerous weapons or means in column 1 and the entries relating thereto in columns 2 and 3 shall be omitted; (b) in column 3, for the word Ditto , against the entry relating to sectio n 325, the words The person to whom the hurt is caused shall be substituted. * * * * * 38. Amendment of section 438. In section 438 of the principal Act, for sub -section ( 1), the following sub -sections shall be substituted, namely: (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non -bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely: (i) the nature and gr avity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from just ice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub -section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in -charge of a police station to arrest, wit hout warrant the applicant on the basis of the accusation apprehended in such application. (1A) Where the Court grants an interim order under sub -section ( 1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. 1. S. 25 omitted by Act 2 of 2006, s. 8 (w.e.f. 16 -4-2006). 285 (1B) The presence of the applican t seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest o f justice. . * * * * * 42. Amendment of the First Schedule. In the First Schedule to the principal Act, under the headin g I.OFFENCES UNDER THE INDIAN PENAL CODE , (a) after the entries relating to section 153A, the following entries shall be inserted, namely: 1 2 3 4 5 6 153AA Knowingly carrying Imprisonment Ditto Ditto Any Magi strate. ; arms in any procession or for 6 months organising or holding or and fine of taking part in any mass 2,000 rupees drill or mass training with arms (b) in the 6th column, in the entries relating to section 153B, for the wo rd Ditto , the words Magistrate of the first class shall be substituted; * * * * * (f) in the 5th column, in the ent ries relating to * * * * * (iii) section 324, for the word Ditto , the word Non-bailable shall be substituted; (iv) section 325, for the word Ditto , the word Bailable shall be substituted. * * * * * 44. Amendment of Act 45 of 1860. In the Indian Penal Code, (a) after section 153A, the following section shall be inserted, namely: 153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms. Who ever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Proc edure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees. Explanation. Arms means articles of any description designed or adapted as weapons for offence o r defence and includes fire arms, sharp edged weapons, lathis, dandas and sticks.. * * * * *

THE GOVERNMENT SECURITIES ACT, 2006 ACT NO. 38 OF 2006 [30th August , 2006.] An Act to consolidate and amend the law relating to Government securities and its management by the Reserve Bank of India and for matters connected therewith or incidental thereto. WHEREAS it is expedient to consolidate and amend the law relating to Government securities and its management by the Reserve Ba nk of India; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause ( 1) of article 252 of the Constitut ion, resolutions have been passed by the Houses of the Legislatures of all the States, except the Legislature of the State of Jammu and Kashmir, to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacte d by Parliament in the Fifty -seventh Year of the Republic of India as follows : 1. Short title, application and commencement .(1) This Act may be called the Government Securities Act, 2006. (2) This Act applies to Government securities created and issued whether before or after the commencement of this Act by the Central Government or a State Government. (3) It applies in the first instance to whole of the States, except the State of Jammu and Kashmir, and to all the Union territories and it shall also app ly to the State of Jammu and Kashmir which adopts this Act by resolution passed in that behalf under clause ( 1) of article 252 of the Constitution. (4) It shall come into force in all the States, except the State of Jammu and Kashmir, and in the Union territories on such date1 as the Central Government may, by notification in the Official Gazette, appoint and in the State of Jammu and Kashmir which adopts this Act under clause ( 1) of article 252 of the Constitution, on the date of such adoption; and any ref erence in this Act to the commencement of this Act shall, in relation to any State or Union territory, means the date on which this Act, comes into force in such State or Union territory. 2. Definitions .In this Act, unless the context otherwise requires, (a) agent means a scheduled bank within the meaning of clause ( e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) , or any other person specified as such; (b) Bank means the Reserve Bank of India constituted under section 3 of the Reser ve Bank of India Act, 1934 (2 of 1934) ; (c) bond ledger account means an account with the Bank or an agent in which the Government securities are held in a dematerialised form at the credit of the holder; (d) constituents subsidiary general ledger account means a subsidiary general ledger account opened and maintained with the Bank by an agent on behalf of the constituents of such agent; (e) Government , in relation to any Government security, means the Central or State Government issuing the security; 1. 30th November, 2007, vide notification no. S.O. 2020, dated 1st December, 2007, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 3 (f) Government security means a security created and issued by the Government for the purpose of raising a public loan or for any other purpose as may be notified by the Government in the Official Gazette and having one of the forms mentioned in section 3; (g) prescribed means prescribed by regulations made under this Act; (h) promissory note includes a treasury bill; (i) specified means specified by the Bank in the Official Gazette. 3. Forms of Government securities .A Government security may, subject to such terms and conditions as may be specified, be in such forms as may be prescribed or in one of the following forms, namely: (i) a Government promissory note payable to or to the order of a certain persons; or (ii) a bearer bond payable to bearer; or (iii) a stock; or (iv) a bond held in a bond ledger account. Explanation .For the purpose of this section, stock means a Government security, (i) registered in the books of the Bank for which a stock certificate is issued; or (ii) held at the credit of the holder in the subsidiary general ledger account including the constituents subsidiary general ledger account maintained in the books of the Bank, and transferable by registration in the books of the Bank. 4. Subsidiary general ledger account .(1) A subsidiary general ledger account including a constituents subsidiary general ledger account and a bond ledger account may be opened and maintained by the Bank subject to such conditions and restrictions as may be specified and in such form and on payment of such fee as may be prescribed. (2) Notwithstanding anything contained in the Benami Transactions (Prohibition) Act, 1988 (45 of 1988) , or any other law for the time being in force, the Government securities may be held on behalf of a constituent in a constituents subsidiary general ledger account under sub -section ( 1) and the holder of such account shall be deemed to be the holder of the securities held in that account: Provided that the constituent as a beneficial owner of the Government security shall be entitled to claim from the holder all the benefits and be subjected to all the liabilities in respect of the Government securities held in the constituents subsidiary general ledger account. (3) The hol der of a constituents subsidiary general ledger account shall maintain such records and adopt such procedure for safeguarding the interests of the constituents as may be specified. 5. Transfer of Government securities .(1) No transfer of a Government security shall be valid if it does not purport to convey the full title to the security. (2) The transfer of the Government securities shall be made in such form and in such manner as may be prescribed. (3) Any document relating to a Government security or any endorsement on a promissory note issued by the Government may, on the demand of a person who for any reason is unable to write, shall be executed on his behalf in such manner as may be prescribed. (4) Nothing in this section shall affect any order made by the Bank under this Act, or any order made by a Court upon the Bank. 4 6. Holding of Government securities by holders of public offices .(1) In the case of any public office to which the Government may, by notification in the Official Gazette, declare this sub-section to apply, a Government security may be held in the name of the office. (2) When a Government security is so held, it shall be deemed to be transferred without any or further endorsement or transfer deed from each holder of the office to the suc ceeding holder of the office on and from the date on which the latter takes charge of the office. (3) When the holder of the office transfers to a party not being his successor in office where a Government security so held, the transfer shall be made by the signature of the holder of the office and the name of the office in the manner laid down in section 5. (4) Where the holder of the office is temporarily absent for more than a fortnight from his office for any reason, he may authorise in writing such other person, who would be incharge of this office during the period of such absence, to effect transfer of the Government securities. (5) This section applies as well to an office of which there are two or more joint holders as to an office of which there is a single holder. 7. Recognition of title to Government security of deceased sole holder or joint holders . (1) Subject to the provisions of sub -sections ( 2) and ( 3), if on the death of a sole holder or death of all the joint holders of a Government security there is no nomination in force, the executors or administrators of the deceased sole holder or all the deceased joint holders, as the case may be, or the holder of a succession certificate issued under Part X of the Indian Succession A ct, 1925 (39 of 1925) shall be the only person who may be recognised by the Bank as having any title to the Government security. (2) Nothing contained in this section shall bar the recognition by the Bank of any person as having a title to a Government security on the basis of a decree, order or direction passed by a competent court declaring the person as having title to the Government security or appointing a receiver to take possession of a security or on the basis of a certificate issued or order pas sed by any other authority who might have been empowered under any statute to confer on any such person a title to the Government security or on the basis of such other documents as may be prescribed. (3) Notwithstanding anything contained in this section or in any other law for the time being in force, where the outstanding value of Government security held by a deceased sole holder or deceased joint holders, as the case may be, does not exceed an amount of rupees one lakh or such higher amount not exceedi ng rupees one crore as may be fixed by the Central Government by notification in the Official Gazette from time to time, the Bank may recognise a person as having title to such Government security of the deceased sole holder or deceased joint holders in su ch manner and subject to such conditions as may be prescribed. 8. Right of survivors of joint holders or several payees .Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872) and subject to the p rovisions of sections 7 and 10, (a) when a Government security is held by two or more persons jointly, and either or any of them dies, the title to the Government security shall vest in the survivor or survivors of those persons; and (b) when a Government security is payable to two or more persons severally and either or any of them dies, the Government security shall be payable to the survivor or survivors of those persons or to the representative of the deceased or to any one of them: Provided that nothing contained in this section shall affect any claim which any representative of a deceased joint holder or deceased holders of a Government security or a surviving joint holder or holders of a Government security, as the case may be, may have against the survivor or survivors or representatives under or in respect of any Government security to which this section applies. 5 Explanation .For the purposes of this section, a body incorporated or deemed to be incorporated under the Companies Act, 1956 (1 of 1956) , or the Co -operative Societies Act, 1912 (2 of 1912) , or any other enactment for the time being in force relating to the incorporation of associations of individuals, shall be deemed to die when it is dissolved. 9. Nomination by holders of Government securities .(1) Notwithstanding anything contained in sections 7 and 8 or any other law for the time being in force, except the provisions of sub -section ( 2), (a) where a Government security other than in the form of promissory note or bearer bond is held by a person in his name or jointly with any other name or names, as the case may be, the sole holder or all the joint holders of the Government security together may nominate one or more persons in such form and in such manner as may be prescribed, who in the event of th e death of the sole holder or the death of all the joint holders, as the case may be, would become entitled to the Government security and to payment thereon to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescri bed manner; (b) where a nomination in respect of a Government security has been made in favour of two or more nominees and either or any of them is dead, the surviving nominee or nominees, as the case may be, shall be entitled to the Government security and payment thereon; (c) where the nominee is a minor, it shall be lawful for the sole holder or all the joint holders of a Government security, as the case may be, to appoint in the prescribed manner any person in whom the Government security would be dee med to have vested in the event of death of such holder or joint holders of the Government security during the minority of the nominee; (d) the recognition of right and claim of the nominee or nominees to the Government security held by a sole holder or jo int holders, as the case may be, and any payment made by the Government or the Bank to the nominee or nominees shall constitute a full discharge and shall absolve the Government or the Bank of its liability in respect of the said Government security. (2) Any nomination or appointment made under sub -section ( 1) shall become void if the nominee predeceases, or where there are two or more nominees, if all the nominees predecease the holder or joint holders of the Government security making the nomination. (3) Where the amount due for the time being on a Government security is payable to two or more nominees and either or any of them dies, the title to the Government security shall vest in the survivor or survivors of those nominees and the amount for the time b eing due thereon shall be paid accordingly. (4) A transfer of a Government security made in accordance with sub -section (2) of section 5 shall automatically cancel the nomination previously made: Provided that where a Government security is in the possessi on of a person either as a pledge or by way of security for any purpose, such possession shall not have the effect of cancelling the nomination, but the right of the nominee shall be subject to the right of the person so possessing it. (5) The Government m ay, on the recommendation of the Bank, by notification in the Official Gazette, extend the facility of nomination to any Government security as may be specified therein. (6) Nothing contained in sub -section ( 1) shall affect the right or claim which any person may have against the person whose right and title to a Government security is recognised by the Government or the Bank or to whom the payment of the amount due on the Government security is made by the Government or the Bank under sub -section ( 1). (7) No notice of any claim of any person, other than the person or persons in whose name a Government security is held or the nominees thereof, shall be receivable by the Bank or the Government, nor shall the Bank or the Government be bound by any such noti ce even though expressly given to it: 6 Provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such Government security is produced

any decree, order, certificate or other authority from a court of competent jurisdiction relating to such Government security is produced before the Bank or the Government, the Bank or the Governmen t shall take due note of such decree, order, certificate or other authority. 10. Government securities belonging to minor or insane person .(1) Where any Government security is held on behalf of a minor, the payment of the same for the time being due on a Government security either by way of outstanding principal or interest thereon may be made to the father or mother of such minor and where neither parent is alive or where the living parents are or only living parent is incapable of action, to a person ent itled under the law for the time being in force to have care of the property of the minor. (2) When a Government security belongs to a minor or a person who is insane and incapable of managing his affairs and the outstanding principal value of the Government security does not in the aggregate exceed rupees one lakh or such higher amount not exceeding rupees one crore as the Central Government may, by a notification in the Official Gazette from time to time, fix, the Bank may make such order as it th inks fit for the vesting of such Government security in such person as it considers represents the minor or insane person. 11. Issue of duplicate securities and of new securities on conversion, consolidation, sub -division, renewal, stripping or reconstitut ion.(1) If the person entitled to a Government security applies to the Bank alleging that the Government security has been lost, stolen or destroyed, or has been defaced or mutilated, the Bank may, on proof to its satisfaction of the loss, theft, destruct ion, defacement or mutilation of the Government security, and subject to such conditions and on payment of such fees as may be prescribed, order the issue of a duplicate Government security to the applicant. (2) If the person entitled to a Government secur ity applies to the Bank to have the Government security converted into a Government security of another form, or into a Government security issued in connection with another loan or to have it consolidated with other like Government securities, or to have it sub -divided, or to have it renewed, stripped or reconstituted, the Bank may, subject to such conditions and on payment of such fees as may be prescribed, cancel the Government security and order the issue of a new Government security or Government securities. Explanation .A Government security may be stripped separately for interest and principal or reconstituted on the application of the holder subject to such terms and conditions as may be specified. (3) The person to whom a duplicate Government s ecurity or a new Government security is issued under this section shall be deemed for the purposes of section 18 to have been recognised by the Bank as the holder of the Government security; and a duplicate Government security or new Government security so issued to any person shall be deemed to constitute a new contract between the Government and such person and all persons deriving title thereafter through him: Provided that the issue of new security under this section shall not affect the interest of thi rd parties in whose favour a charge or other interest was lawfully created and was subsisting at the time of issue of the new security. 12. Summary determination by Bank of title to Government security in case of dispute .(1) If the Bank is of opinion that a doubt exists as to the title to a Government security, it may proceed to determine, in accordance with such regulations as may be made, the person who shall for the purposes of the Bank be deemed to be the person entitled thereto. (2) For the purpose of making any order which it is empowered to make under this Act, the Bank may request a District Magistrate to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce and the District Magistrate so requested may either himself record, or may direct any Executive Magistrate empowered in this behalf by general or 7 special order of the State Government to record the evidence, and shall forward a copy thereof to the Bank. (3) For the purpose of making a vesting order under this Act, the Bank may direct one of its officers to record the evidence of any person whose evidence the Bank requires or may receive evidence upon affidavit. (4) A Magistrate or an officer of the Bank acting in pursuance of this section may administer an oath to any witness examined by him. 13. Law applicable in regard to Government securities .Notwithstanding that as a matter of convenience, the Government may have arranged for payments on a Government security to be made elsewhere than in India, the rights of all persons in relation to Government securities shall be determined in connection with all such questions as are dealt with by this Act by the law and in the Courts of India. 14. Postponement of payments and registr ation of transfers pending the making of vesting order .Where the Bank contemplates making an order under this Act to vest a Government security in any person, the Bank may suspend payment of interest on or the maturity value of the Government security or postpone the making of any order under section 7, section 10, section 11 or section 12 or the registration of any transfer of the Government security, as the case may be, until the vesting order has been made. 15. Power of Bank to require bonds .(1) Before making any order which it is empowered to make under this Act, the Bank may require the person in whose favour the order is to be made to execute an indemnity bond with one or more sureties in such form as may be prescribed or to furnish security not exceeding twice the value of the subject -matter of the order, to be held at the disposal of the Bank, to pay to the Bank or any person to whom the Bank may assign the indemnity bond or security in furtherance of sub-section ( 2) the amount thereof. (2) A Court before which a claim in respect of the subject -matter of any such order is established may order the indemnity bond or security to be assigned to the successful claimant who shall thereupon be entitled to enforce the indemnity bond or realise the security to the extent of such claim. 16. Publication of notices in Official Gazette .Any notice required to be given by the Bank under this Act may be served by post, but every such notice shall also be published by the Bank in the Official Gazette or the Official Gazette of a State, according as the notice relates to a Government security, issued by the Central Government or a State Government, and on such publication shall be deemed to have been delivered to all persons for whom it is intended. 17. Procedure and scope of vesting order .(1) The Bank shall, while making a vesting order under section 7, section 10, section 11 or section 12, follow such procedure as may be prescribed. (2) An order made by the Bank under this Act may either confer full title to a Government security or a title only to the accrued and accruing interest on the Government security pending a further order vesting full title. 18. Legal effect of orders made by Bank .No recognition by the Bank of a person as the holder of a Government se curity, and no order made by the Bank under this Act shall be called in question by any Court so far as such recognition or order affects the relations of the Government or the Bank with the person recognised by the Bank as the holder of a Government secur ity or with any person claiming an interest in such security; and any such recognition by the Bank of any person or any order by the Bank vesting a Government security in any person shall operate to confer on that person a title to the security subject onl y to his personal liability to the rightful owner of the security for money had and received on his account. 19. Stay of proceedings on order of Court .Where the Bank contemplates making with reference to any Government security any order which it is empow ered to make under this Act, and before the order 8 is made the Bank receives from a Court in India an order to stay the making of such order, the Bank shall either (a) hold the security together with any interest unpaid or accruing thereon until further or ders of the Court are received; or (b) apply to the Court to have the security transferred to the Official Trustees appointed for the State in which such Court is situated, pending the disposal of the proceedings before the Court. 20. Cancellation by Bank of vesting proceedings .Where the Bank contemplates making an order under this Act vesting a Government security in any person, the Bank may, at any time before the order is made, cancel any proceedings already taken for that purpose and may, on such cance llation, proceed anew to the making of such order. 21. Discharge in respect of interest on Government securities .Save as otherwise expressly provided in the terms of a Government security, no person shall be entitled to claim interest on such security in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the amount due on such security. 22. Discharge in respect of bearer bonds .The Government shall be discharged from all liability on a be arer bond or on any interest coupon of such a bond on payment to the holder of such bond or coupon on presentation on or after the date when it becomes due of the amount expressed therein, unless before such payment, an order of a Court in India has been s erved on the Government restraining it from making payment. 23. Period of limitation of Government s liability in respect of interest .(1) Where no shorter period of limitation is fixed by any law for the time being in force, the liability of the Government in respect of any interest payment due on a Government security shall terminate on the expiry of six years from the date on which the amount due by way of interest became payable: Provided that the Government may allow a bona fide claim for paym ent of interest after the expiry of the period of six years in those cases where the holders of securities could not prefer their claims within the said period of six years. (2) Notwithstanding anything contained in sub -section ( 1), the Bank may specify th e securities in respect of which, the circumstances under which, and the terms and conditions subject to which, interest may be paid even after the expiry of the period specified in the said sub -section. 24. Inspection of documents .No person shall be enti tled to inspect or to receive information derived from any Government security in the possession or custody of the Government or from any book, register or other document kept or maintained by or on behalf of the Government in relation to Government securi ties or any Government security, save in such circumstances and manner and subject to such conditions as may be prescribed. 25. Micro films, facsimile copies of documents, magnetic tapes and computer print outs as documents of evidence .(1) Notwithstanding anything contained in any other l aw for the time being in force, (a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or (b) a facsimile copy of a document; or (c) a statement co ntained in a document and included in a printed material produced by a computer, magnetic tape or any other form of mechanical or electronic data retrieval mechanism (hereinafter referred to as computer print out), if the conditions mentioned in sub -sectio n (2) and the other provisions contained in this section are satisfied in relation to the statement and the computer in question, 9 shall be deemed to be also a document for the purposes of this Act and the regulations made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub -section ( 1) in respect of a computer print out shall be the following, namely: (a) the computer print out containing the statement was produced by the computer during the period over which the computer was used regularly to store or process information for the purpos es of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, there was regularly supplied to the computer in the ordinary course of the said activities, information of the kind contained in the statement or of the kind from which the information so contained is derived; (c) throughout the material part of the said period, the computer was operating properly or, if not, then any respect in which it was not operating properly or was out of operation during that part of that period was not such as to affect the production of the document or the accuracy of the contents; and (d) the information contained in the statement reproduced or is derived from information supplied to the computer in the ordinary course of the said activities. (3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause ( a) of sub -section ( 2) was regularly performed by computers, whether (a) by a combination of computers operating over that period; or (b) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the co mputers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly. (4) In any proceeding under this Act and the regulations made thereunder where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following thin gs, that is to say, (a) identifying the document containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer; (c) dealing with any of the matters to which the con ditions mentioned in sub -section (2) relate, and purporting to be signed by a person occupying a responsible official position in the Bank in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate), shall be evidence of any matter stated in the certificate; and for the purposes of this sub -section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 10 (5) For the purposes of th is section, (a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those

a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if dul y supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation .For the purposes of this section, (a) computer means any electronic, magnetic, optical or other high -speed data processing service device or system which performs logical, arithmetical and memory functions by manipulation of electronic, magnetic or optical impulses and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network; (b) comput er print out shall include ledgers, day -books, account books and other records, maintained in the ordinary course of business of the Bank or of the agent, printed on paper from the information stored in the computer or derived from such information; and (c) any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process. 26. Bank and its officers to be public officers .For the purposes of section 124 of the Indian Evidence Act, 1872 (1 of 1872) , the provisions of Part IV of the Code of Civil Procedure, 1908 (5 of 1908) relating to suits by or against public officers in their official capacity, and the provisions of rule 27 of Order V, and rule 52 of Order XXI of the said Code, the Bank and any officer of the Bank acting in his capacity as such shall be deemed to be a public officer. 27. Misuse of subsidiary general ledger account facility .Where a subsidiary general ledger account is opened by the Bank in favour of any holder of a Government security in terms of section 4 and, (a) it comes to the notice of the Bank that the said account is being operated contrary to the terms and conditions subject to which the account was opened; or (b) the subsidiary gen eral ledger account transfer form has bounced due to insufficiency of Government security or funds; or (c) the Bank is of opinion that the account is being operated contrary to the banking practice or in a manner prejudicial to the interests of the holders of Government securities in general; or (d) the subsidiary general ledger account is being misused in any manner, the Bank may, by order in writing, after giving an opportunity of being heard, debar the holder of such account from trading with the subsidiary general ledger account facility temporarily or permanently as it deems fit. 28. Pledge, hypothecation or lien .(1) Subject to such terms and conditions as may be prescribed, the holder of a Government security may create a pledge or hypothecation or lien in respect of such security. (2) On receipt of notice of pledge or hypothecation or lien from the holder of the Government security, the Bank or any agent maintaining the account in respect of such security shall make necessary 11 entry in its record and such entry shall be evidence of the pledge, hypothecation or lien thereof, as the case may be. 29. Power to call for information, cause inspection and issue directions .(1) The Bank may at any time, for the purposes of this Act, call for such information as it deems necessary in relation to a Government security from any agent, or holder of subsidiary general ledger account including constituents subsidiary general ledger account and cause an inspection or scrutiny to be made by one or more of its officers or other persons, of any agent or holder of a subsidiary general ledger account including constituents subsidiary general ledger account. (2) The Bank may, if it considers necessary so to do, issue such directions as it thinks fit, in relation to a Government security, (i) to the holders of the subsidiary general ledger accounts including constituents subsidiary general ledger account; (ii) to the agents maintaining bond ledger account; and (iii) to any other person dealing with the Government securities, for carrying out the purposes of this Act. 30. Contravention and penalties .(1) If any person, for the purpose of obtaining for himself or for any other person any title to a Government security, makes to any authority in any application made under this Act or in the course of any inquiry undertaken in pursuance of this Act any statement which is false and which he either knows to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (2) No Court shall take cognizance of any offence under sub -section ( 1) except on the complaint of the Bank. (3) Without prejudice to any other action which the Bank may deem fit to take, the Bank, aft er giving a reasonable opportunity of being heard, may impose on any person who contravenes any provision of this Act, or contravenes any regulation, notification or direction issued under this Act, or violates the terms and conditions for opening and main tenance of a subsidiary general ledger account, including constituents subsidiary general ledger account, a penalty, not exceeding five lakh rupees and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day after first day during which the contravention continues. 31. Certain laws not to apply to Government securities .(1) The Public Debt Act, 1944 (18 of 1944) shall cease to apply to the Government securities to which this Act applies and to all matters for which provisions have been made by this Act. (2) Notwithstanding such cessation anything done or any action taken in the exercise of any power conferred by or under that Act shall be deemed to have been done or taken in t he exercise of the powers conferred by or under this Act as if this Act was in force at all material times. (3) Nothing contained in the Depositories Act, 1996 (22 of 1996) or the regulations made thereunder shall apply to Government securities covered by this Act unless an agreement is executed to the contrary by any depository under the Depositories Act, 1996 with the Government or the Bank, as the case may be. 1[31A. Powers of Bank not to apply to International Financial Services Centre . Notwithstanding anything contained in any other law for the time being in force, the powers exercisab le by the Bank under this Act, 1. Ins. by Act 50 of 2019, s. 33 and the second Schedule (w.e.f. 1 -10-2020). 12 (a) shall not extend to an International Financial Se rvices Centre set up under sub -section ( 1) of section 18 of the Special Economic Zones Act, 2005 (28 of 2005); (b) shall be exercisable by the International Financial Services Centre Authority established under sub-section ( 1) of section 4 of the International Financial Services Centres Authority Act, 2019, in so far as regulation of finan cial products, financial services and financial institutions that are permitted in the International Financial Services Centres are concerned.] 32. Power to make regulations .(1) The Bank may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely: (a) the form in which and the terms and conditions subject to which the Government securities may be issued under section 3; (b) the form in which and the fee to be charged for opening and maintenance of subsidiary general ledger account including constituen ts subsidiary general ledger account and bond ledger account by the Bank under sub -section (1) of section 4; (c) the form and manner in which Government securities shall be transferred under sub-section ( 2) of section 5 and t he manner in which any document relating to any Government security or any endorsement on a promissory note may be executed on behalf of a person who is unable to write under sub-section ( 3) of that section; (d) the documents to be produced for recognition of title to the Government security of a deceased sole holder or all deceased joint holders under sub -section (2) of section 7 and the manner in which and the conditions subject to which the Bank may recognise title to a Government security under sub -section (3) of that section; (e) the form and the manner in which a nomination may be made, varied or cancelled and the manner in which any person may be appointed in whom the Government security would be deemed to have vested in the event of death of holder o r joint holders of Government security during the minority of a nominee under section 9; (f) the conditions governing the issue of duplicate Government securities and the fees to be paid therefor under section 11; (g) the manner in which the Bank may deter mine title to a Government security under section 12; (h) the form of bond under sub -section ( 1) of section 15; (i) the procedure for making vesting order referred to in sub -section ( 1) of section 17; (j) the circumstances and the manner in which and the c onditions subject to which inspection of Government securities, books, registers and other documents may be allowed or information therefrom may be given under section 24; (k) the terms and conditions subject to which pledge or hypothecation or lien be created under sub-section ( 1) of section 28. (3) Every regulation made by the Bank under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agre e that the regulation should not be made, the regulation 13 shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anyt hing previously done under that regulation. 33. [Construction of references to laws not in force in Jammu and Kashmir .]Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide Notification No. S.O. 1123(E) , dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order , 2020, notification No . S.O. 3774(E), dated (23-10-2020).] 34. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every ord er made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 35. Repeal and saving .(1) The Indian Securities Act, 1920 (10 of 1920) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken in the exercise of any power conferred by or under the Act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or action wa s taken.

483 The Special Marriage Act, 1954 (Extension to Nagaland) Act, 2002 (Act No. 8 of 2002) Received the assent of th Government of Nagaland on 01/10/2002 and published in the Nagaland Gazette Extraordinary dated: 29 of October, 2002. An Act Preamble: To provide for the extension of the Special Marriage Act, 1954 (Act No: 43 of 1954) to the State ofNagaland WHEREAS by virtue of the Sixth Schedule to the Constitution, the Special Marriage Act, 1954 was not applicable to the erstwhile Naga Hills District: AND WHEREAS by enforcement of the Tuensang and Mon District (Assimilation of Laws) Act, 1974 the Special Marriage Act, 1954 had ceased to be applied to the districts ofTuensang and Mon; AND WHEREAS it is desirable to have the provisions of Special Marriage Act, 1954 applicable in Nagaland; It is hereby enacted in the fifty second year of the Republic of India follows:- Short Title Extent and Commen- cement (1) This Act maybe called the Special Marriage Act, 1954 (Extension to Nagaland) Act, 2001. (2) It shall come into force on such date as may be notified by the state government Extension 2. The Special Marriage Act, 1954 (as amended up-to- The Special date) shall be, from the commencement of this Act, Marriage Act extended and shall be in force in the State of Nagaland. of 1954 to Nagaland Provided that where the marriage is solemnized under the Act of any person belonging to a Scheduled Tribe in the State of Nagaland Section 21 shall not apply.

THE RAILWAYS ACT, 1989 ACT NO. 24 OF 1989 [3rd June , 1989.] An Act to consolidate and amen d the law relating to Railways. BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title and commencement .(1) This Act may be called the Railways Act, 1989. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the comin g into force of that provision. 2. Definitions .In this Act, unless th e context otherwise requires, (1) authorised means authoris ed by a railway administration; 2[(1A) Authority means the Rail Land Development Authority constituted under section 4A;] (2) carriage means the carriage of passengers or goo ds by a railway administration; (3) Claims Tribunal means the Railway Claims Tribunal established under section 3 of the Railw ay Claims T ribunal Act, 1987 (54 of 1987); (4) classification means the classification of commodities made under section 31 for the purpose of determining the rates to be charged fo r carriage of such commodities; (5) class rates means the rate fixed for a class of c ommodity in the classification; (6) Commissioner means the Chief Commissioner of Railway Safety or the Commissioner of Railway Sa fety appointed under section 5; (7) commodity means a specific item of goods; 3[(7A) competent authority means any person authorised by the Central Government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification; ] (8) consignee means the person named as consignee in a railway receipt; (9) consignment means goods entrusted to a railw ay administration for carriage; (10) consignor means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railw ay administration for carriage; (11) demurrage means the charge levied for the detention of any rolling stock after the expiry of free time, if a ny, allowed for such detention; (12) endorsee means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favou r the last endorsement is made; (13) endorsement means the signing by the consignee or the endorsee after adding a direction on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person; 1. 1st July, 1990, vide notification No. S.O. 475(E), dated 12th June, 1990, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 2. Ins. by Act 47 of 2005 , s. 2 (w.e.f. 30 -8-2006). 3. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31 -1-2008). 10 (14) fare means the charge levied for the carriage of passengers; (15) ferry includes a bridge of boats, pontoons or rafts, a swing bridge, a fly -bridge and a temporary bridge and the approaches to, and landing places of, a ferry; (16) forwarding note means the document executed under section 64; (17) freight means the charge levied for the carriage of goods includin g transhipment charges, if any; (18) General Manager means the General Manager of a Zonal Rai lway appointed under section 4; (19) goods includes (i) containers, pallets or similar articles of transport used to consolidate goods; and (ii) animals; (20) Government railway means a railway o wned by the Central Government; (21) in transit , in relation to the carriage of goods by railway, means the period between the commencement and the termination of transit of such goods, and unless ot herwise previously determined (a) transit commences as soon as the railway receipt is issued or the consignment i s loaded, whichever is earlier; (b) transit terminates on the expiry of the free time allowed for unloading of consignment from any rolling stock and where such unloading has been completed within such free time, transit terminates on the expiry of the free time allowed, for the removal of the goods from t he railway premises; (22) level crossing means an inter -section of a road with lines of rails at the same level; (23) luggage means the goods of a passenger either carried by him in his charge or entrusted to a railw ay administration for carriage; (24) lump sum rate means the rate mutually agreed upon between a railway administration and a consignor for the carriage of goods and for any servic e in relation to such carriage; (25) non-Government railway means a railway other than a Government railway; (26) notification means a notification pub lished in the Official Gazette; 1[(26A) officer authoris ed means an officer authorised by the Central Government under sub-section ( 2) of section 179; ] (27) parcel means goods entrusted to a railway administration for carriage by a passenger or a parcel train; (28) pass means an authority given by the Central Government or a railway administration to a person allowing him to travel as a passenger, but does not include a ticket; (29) passenger means a person travelli ng with a valid pass or ticket; 2[(29A) person interested includes, (i) all persons claiming an interest in compensation to be made on account of the acquisition of land unde r this Act; (ii) tribals and other traditional for est dwellers, who have lost any traditional rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); 1. Ins. by Act 51 of 2003, s. 2 (w.e .f. 1-7-2004). 2. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31 -1-2008). 11 (iii) a person interested in an easement affecting the land; and (iv) persons having tenancy rights u nder the relevant State laws;] (30) prescribed means prescribe d by rules made under this Act; (31) railway means a railway, or any portion of a railway, for the public carriage of pass engers or goods, and includes (a) all lands within the fences or other boundary marks indicating the limits of the land appurtenant to a railway; (b) all lines of rails, sidings, or yards, or branches used for the purposes of, or in connection with, a railway; (c) all electric traction equipments, power supply and distributio n installations used for the purposes of, or in connection with, a railway; (d) all rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, rest houses, institutes, hospi tals, water works and water supply installations, staff dwellings and any other works constructed for the purpose of, or in connection with, railway; (e) all vehicles which are used on any road for the purposes of traffic of a railway and owned, hired or w orked by a railway; and (f) all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable inland waters for the pur poses of the traffic of a railway and owned, hired or worked by a railway adminis tration, but does not incl ude (i) a tramway whol ly within a municipal area; and (ii) lines of rails built in any exhibition ground, fair, park, or any other place solely for the purpose of recreation; (32) railway administration , in relation to (a) a Government railway, means the General Manager of a Zonal Railway; and (b) a non -Government railway, means the person who is the owner or lessee of the railway or the person working the railway under an agreement; 1[(32A) railway land means any land in which a Government railway has any right, title or interest;] (33) railway receipt means the r eceipt issued under section 65; (34) railway servant means any person employed by the Central Government or by a railway administration in connection with the service of a railway 2[including member of the Railway Protection Force appointed under clause ( c) of sub -section ( 1) of section 2 of the Railway Protection Force Act, 1957 (23 of 1957) ]; (35) rate includes any fare, freight or any other charge for the carr iage of any passenger or goods; (36) regulations means the regulations made by the Railway Rates Tribunal under this Act; 1. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30 -8-2006) 2. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1 -7-2004). 12 (37) rolling stock includes locomotives, lenders, carriages, wagons, rail -cars, containers, trucks, trolleys and vehicle s of all kinds moving on rails; 1[(37A) special railway project means a project notified as such by the Central Government from time to time, for providing national infrastructure for a public purpose in a specified time -frame, covering one or more S tates or the Union territories;] (38) station to station rate means a special reduced rate applicable to a specific commodity booked between spe cified stations; (39) traffic includes rolling stock of every description, a s well as passengers and goods; 2[(40) Tribunal means the Tribunal referred to in section 33;] (41) wharfage means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal; (42) Zonal Railway means a Zonal Railw ay constituted under section 3. CHAPTER II RAILWAY ADMINISTRATIONS 3. Zonal Railways .(1) The Central Government may, for the purpose of the efficient administration of the Government railways, by notification constitute such railways into as many Zonal Railways as it may deem fit and specify in such notification the names and hea dquarters of such Zonal Railways and the areas in respect of which th ey shall exercise jurisdiction. (2) The Zonal Railway existing immediately before the commencement of this Act shall be deemed to be Zonal Railways con stituted under sub -section ( 1). (3) The Central Government may, by notification, declare any unit of the railways engaged in research, development, designing, construction or production of rolling stock, its parts or other equipment used on a railway, to be a Zonal Railway. (4) The Central G overnment may, by notification, abolish any Zonal Railway or constitute any new Zonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters of any Zonal Railway or determine the areas in respect of which a Zonal Railw ay shall exercise jurisdiction. 4. Appointment of General Manager .(1) The Central Government shall, by notification, appoint a person to be the Gene ral Manager of a Zonal Railway. (2) The general superintendence and control of a Zonal Railway shall vest in the General Manager. 3[CHAPTER IIA RAIL LAND DEVELOPMENT AUTHORITY 4A. Establishment of Rail way Land Development Authority .The Central Government may, by notification, establish an authority to be called the Rail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act. 4B. Composition of Authority .(1) The Authority shall consist of a Chairman, Vice -Chairman and not more than four other members. (2) The Member Engineering, Railway Board shall be the Chairman , ex officio , of the Authority. (3) The Vice -Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civil Engineering, Finance and Traffic disciplines of any railw ay administration and having adequate experience in the relevant discipline as the Central Government may consider necessary. 1. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31 -1-2008). 2. Subs. by Act 7 of 2017, s. 163 , for clause ( 40) (w.e.f. 26 -5-2017). 2. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30 -8-2006). 13 (4) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having ad equate experience in such fiel d as it may consider necessary. 4C. Terms and conditions of appointment of V ice-Chairman and other Members .The terms and conditions of appointment of the Vice -Chairman and the other Members of the Authority, other than the Ch airman, and the manner of filling casual vacancies among them shall be such as may be prescribed. 4D. Functions of Authority .(1) The Authority shall discharge such functions and exercise such powers of the Central Government in relation to the development of railway land and as are specifically assigned t o it by the Central Government. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may assign to the Authority all or any of th e following functions, namely: (i) to prepare scheme or schemes for use of railway land in conformity w ith the provisions of this Act; (ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non -tariff measures; (iii) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property; (iv) to carry out any other work or function as may be entrusted to it by the C entral Government, by order in writing. 4E. Powers of Authority to enter into ag reements and execute contracts .Subject to such directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Go vernment and execute contracts. 4F.

shall be empowered to enter into agreements on behalf of the Central Go vernment and execute contracts. 4F. Procedure of transa ction of business of Authority .The Authority shall have power to regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and the conduct of all business to be transacted by it, the constitution of Committees and Sub -Committees of Members and the delegation to them any of the powers (excluding the power to make regulations under this Chapter) and to p erform duties of the Authority. 4G. Appoint ment of officers an d other employees of Authority .(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority with such officers and other employees, and the Authority shall, subject to the rules as may be made by the Central Government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other empl oyees as it may deem necessary. (2) The salaries and allowances payable to, and the other term s and conditions of service of, the officers and other employees appointed for the purpose of the Authority, shall be such as may be prescribed. 4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India .The salaries and allowances payable to the Vice -Chairman and other Members of the Authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the Authority shall be defrayed out of the Consolidated Fund of I ndia. 4-I. Power of Authority to make regulations .(1) The Authority may, with the previous approval of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for carrying out the provisions of this Chapter. (2) Every regulation made by the Authority under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made , the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 14 that any such modification or annulment shall be without prejudice to the validity of anything previous ly done under that regulati on.] CHAPTER III COMMISSIONERS OF RAILWAY SAFETY 5. Appointment of Chief Commissioner of Railway Safety and C ommissioners of Railway Safety .The Central Government may appoint a person to be the Chief Commissioner of Railway Safety and such other person as it may consider necessary to be the Commissioners of Railway Safety. 6. Duties of Commissioner .The Commissioner shall (a) inspect any rail way with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act; (b) make such periodical or other inspections of any railway or of any rolling stock used thereon as the Central Government may direct; (c) make an inquiry under this Act into the cause of any accident on a railway; and (d) discharge such other duties as are conferred on him by or under this Act. 7. Powers of Commissioner .Subject to the control of the Central Government, the Commissioner, whenever it is necessary so to do for any of the purposes of this Act, may (a) enter upon and inspect any railway or any rolling stock used thereon; (b) by order in writing addressed to a railway administration, require the attendance before him of any railway servant and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration; and (c) require the production of a ny book, document or material object belonging to or in the possession or control of any railway administration which appears to him to be necessary to inspect. 8. Com missioner to be public servant .The Commissioner shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 9. Facilities to be afforded to Commissioners .A railway administration shall afford to the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferr ed on him by or under this Act. 10. Annual report of Commissioners .The Chief Commissioner of Railway Safety shall prepare in each financial year an annual report giving a full account of the activities of the Commissioners du ring the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be specified by the Central Government, copies thereof to the Central Government, and that Government shall cause that re port to be laid, as soon as may be, after its receipt before each House of Parliament. CHAPTER IV CONSTRUCTION AND MAINTENANCE OF WORKS 11. Power of railway administrations t o execute all necessary works .Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a non -Government railway, to the provisions of any con tract between the non -Government railway and the Central Government, a railway administration may, for the purposes of construc ting or maintaining a railway (a) make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water -pipes, gas -pipes, oil -pipes, sewers, electric supply li nes, or telegraph lines, such temporary or permanent inclined -planes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of 15 rail, ways, passages, conduits, drains, piers, cuttings and fences, in -take wells, tube wells, dams, river training and protection works as it thinks proper; (b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter eit her temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway; (c) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveyin g water from or to the railway; (d) erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines , machinery apparatus and other works and conveniences as the railwa y administration thinks proper; 1[(da) developing any railway land for commercial use;] (e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and su bstitute others in their stead; (f) erect, operate, maintain or repair any telegraph and telephone lines in connection w ith the working of the railway; (g) erect, operate, maintain or repair any electric traction equipment, power supply and distribut ion installation in connection with the working of the railway; an d (h) do all other acts necessary for making, maintaining, altering or r epairing and using the railway. 12. Power to alter the position of pipe, electric supply line, drain or sewer, etc .(1) A railway administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electr ic supply line, drain or sewer: Provided that before altering the position of any such pipe, electric supply line, drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alteration shall commence, to the local authority or other person having control over the pipe, electr ic supply line, drain or sewer. (2) The railway administration shall execute the work referred to in sub -section ( 1) to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub- section ( 1). 13. Prote ction for Government property .Nothing in secti ons 11 and 12 shall authorise (a) a railway administration of the Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, a Stat e Government without the consent of that Government; and (b) a railway administration of a non -Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the Central Government or a State Government, withou t the conse nt of the Government concerned. 14. Temporary entry, upon land to remove obstruction, to repair or to prevent accident .(1) Where in the opinio n of a railway administration (a) there is imminent danger that any tree, post or structure may fall on the railway so as to obstruct th e movement of rolling stock; or (b) any tree, post, structure or light obstructs the view of any signal provided fo r movement of rolling stock; or 1. Ins. by Act 47 of 2005, s. 4 (w.e.f. 30 -8-2006). 16 (c) any tree, post or structure obstructs any telephone or telegraph line maintained by it, it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the Central Government in such manner and within such time as may be prescribed. (2) Where in the opinio n of a rail way administration (a) a sl ip or accident has occurred; or (b) there is apprehension of any slip or accident to any cutting, embankment or other work on a railway, it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed. (3) The Central Government may, after considering the report under sub -section (1) or sub-section ( 2), in the interest of public safety, by order, direct the railway administration that further action under sub -section ( 1) or sub -section ( 2) shall be stopped or the same shall be subject to such conditions as may be specified in tha t order. 15. Payment of amount for damage or loss .(1) No suit shall lie against a railway administration to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the forego ing provisions of this Chapter. (2) A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his decision thereon shall be final: Provided that where the railway administration fails to make a referen ce within sixty days from the date of commencement of the dispute, the District Judge may, on an application made to him by the person concerned, direct the railway administration to refe r the dispute for his decision. (3) The reference under sub -section ( 2) shall be treated as an appeal under section 96 of the Code of Civil Procedure, 1908 (5 of 1908) and sh all be disposed of accordingly. (4) Where any amount has been paid as required by sub -section ( 2), the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid. 16. Accommodation works .(1) A railway administration shall make and maintain the following works for the a ccommodation of the owners and occupiers of lands a djoining the railway, namely: (a) such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the State Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and (b) all necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under or by the sid es of the railway, of such dimensions as will, in the opinion of the State Government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the ra ilway or as nearly a s possible. (2) Subject to the other provisions of this Act, the works specified in sub -section ( 1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affecte d by the works: Provided that (a) a railway administration shall not be required to make any administration shall be liable to execute any further or additional the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requi ring the said works to be made; 17 (b) save as hereinafter, in this Chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was f irst opened for public traffic; (c) where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the c rossing of such road or stream. (3) The State Government may specify a date for the commencement of any work to be executed under sub -section ( 1) and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the Central Government shall, on such failure being br ought to its notice by the State Government, issue such directions to the railway a dministration as it thinks fit. Explanation .For the purposes of this section, the expression lands shall include public roads. 17. Power of owner, occupier, State Govern ment or local authority to cause additional accommodation works to be made .(1) If an owner or occupier of any land affected by a railway considers the works made under section 16 to be ins

.(1) If an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the State Government or the local authority may, at any time, require the railway administration to make at th e expense of the owner or occupier or of the State Government or the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration. (2) The accommodation works made under s ub-section ( 1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at who se request the works were made. (3) In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as th e case may be, in relation to (i) the necessity of such further accommodation works; or (ii) the expenses to be incurred on the construction of such further accommodation works; or (iii) the quantum of expenses on the maintenance of such further accommodation works, it shall be referred to the Central Government whose d ecision thereon shall be final. 18. Fences, gates and bars .The Central Government may, within such time as may be specified by it or within such further time, as it may grant, require that (a) boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereof and for roa ds const ructed in connection therewith; (b) suitable gates, chains, bars, stiles or hand -rails be erected or renewed by a railway administration at level crossings; (c) persons be employed by a railway administration to open and shut gates, chains or bars. 19. O verbridges and under bridges .(1) Where a railway administration has constructed lines of rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safet y, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other w orks as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger a rising from the level crossing. (2) The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub -section ( 1), to undertake to pay the whole of the 18 cost of the work and the expense of maintaining the work, to the railway administration or suc h proportion of the cost and expenses as the Central Government considers just and reasonable. (3) In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section ( 1), it shall be referred to the Central Government, whose d ecision thereon shall be final. 20. Power of Central Government to give directions for safety .Notwithstanding anything contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work. 1[CHAPTER IVA LAND ACQUISITION FOR A SPECIAL RAILWAY P ROJECT 20A. Power to acquire land , etc.(1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project , it may, by notification , declare its intention to acquire such land. (2) Every notification under sub -section ( 1), shall give a brief description of the land and of the special railway project for which the l and is intended to be acquired. (3) The State Government or the Union territory, as the case may be , shall for the purposes of this section, provide the details of the land records to the competen t authority, whenever required. (4) The competent authority shall cause the substance of the notification to be published in two local newspapers , one of which sha ll be in a vernacular language. 20B. Power to enter for survey, etc .On the issue of a notification under sub -section ( 1) of section 20A, it shall be lawful for any person, authorised by the competen t authority in this behalf, to (a) make any inspection, survey, mea surement, valuation or enquiry; (b) take levels; (c) dig or bore into sub -soil; (d) set out boundar ies and intended lines of work; (e) mark such levels, boundaries and lines placing ma rks and cutting trenches; or (f) do such other acts or things as may be considered necessary by the competent authority. 20C. Evaluation of damages during survey, measurement , etc.The damages caused while carrying out works on land such as survey, digging or boring sub -soil, marking boundaries or cutting trenches or clearing away any s tanding crop, fence or forest or doing such other acts or things which may cause damages while acting under section 20B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the pe rsons having interest in that land, within six months from the completion of the said works. 20D. Hearing of objections, etc .(1) Any person interested in the land may, within a period of thirty days from the date of publication of the notification under sub-section ( 1) of section 20A , object to the acquisition of land for the purpose mentioned in that sub -section. (2) Every objection under sub -section, ( 1), shall be made to the competent authority in writing , and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner , and may, after hearing all such objections and after making such further enquiry, if any , as the competent authority thinks necessary, b y order, either al low or disallow the objections. 1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31 -1-2008). 19 Explanation .For the purposes of this sub -section, legal practitioner has the same meaning as in clause ( i) of sub -section ( 1) of section 2 of the Adv ocates Act, 1961(25 of 1961). (3) Any order made by the competent authority under sub-section ( 2) shall be final. 20E. Declaration of acquisition .(1) Where no objection under sub -section ( 1) of section 20D has been made to the competent authority within the period specified therein or w here the competent authority has disallowed the objections under sub -section ( 2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification, that the land should be acquired for the purpose mentioned in sub-section ( 1) of section 20A. (2) On the publication of the declaration under sub -section ( 1), the land shall vest absolutely in the Central Governm ent free fro m all encumbrances. (3) Where in respect of any land, a notification has been published under sub -section ( 1) of section 20A for its acquisition, but no declaration under sub -section ( 1) of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that in computing the said period of one year, the period during which any ac tion or proceedings to be taken in pursuance of the notification issued under sub -section ( 1) of section 20A is stayed by an orde r of a court shall be excluded. (4) A declaration made by the Central Government under sub -section ( 1) shall not be called in question in any court or by any other authority. 20F. Determination of amount payable as compensation .(1) Where a ny land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2) The co mpetent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acqui sition of the land shall lapse: Provide d that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended pe riod of six month s: Provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so exten ded, at the rate of not less than five per cent. of the value of the award , for each month of such delay. (3) Where the right of user or any right in the nature of an easement on , any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the amount determined under sub-section ( 1), for that land. (4) Before proceeding to determine the amount under sub -section ( 1) or sub -section ( 3), as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the l and to be acquired. (5) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by a n agent or by a legal practitioner referred to in sub -section ( 2) of section 20D , before the competent authority, at a time and place and to state the nature of their re spective interest in such land. (6) If the amount determined by the competent authorit y under sub -section ( 1) or as the case may be, sub-section ( 3) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government in su ch manne r as may be prescribed. 20 (7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to ev ery arbitration under this Act. (8) The comp etent authority or the arbitrator while determining th e amount of compensation under sub-section ( 1) or sub -section ( 6), as the case may be, shall take i nto consideration (a) the market value of the land on the date of publication of the notification under section 20A; (b) the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any , sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. (9) In addition to the market -value of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market -value, in consideration of the compulsory nature of the acquisition. 20G. Criterion for determi nation of market -value of land .(1) The competent authority shall adopt the following criteria in assessing and determinin g the market -value of the land , (i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) , for the registration of sale deeds in the area, where t he land is situated; or (ii) the average of the sale price for similar type of land situated in the village or vicin ity, ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three years, where higher price has been paid, whichever is higher. (2) Where the provisions of sub -section ( 1) are not applicable for the reason that: (i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in th at area; or (ii) the registered sale deeds for similar land as mentioned in clause ( i) of sub -section ( 1) are not available fo r the preceding three years; or (iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority , the concerned State Government shall specify the floor price per unit area of the s aid land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent . of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly. (3) The competent authority shall, before assessing and determining the market -value of the land being acquired under this Act (a) ascertain the intended land use category of such land; and (b) take into account the value of the land of the intended category in t he adjoining areas or vicinity, for the purpose of determination of the market -value of the land being acquired. (4) In determining the market -value of the bu ilding and other immovable prope rty or assets a ttached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necess ary by the comp etent authority. 21 (5) The competent authority may, for the purpose of determ ining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be consider ed necessary by him. (6) For the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agricul ture as he considers necessary. 20H. Deposit and payment of amount .(1) The amount determined under section 20F shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking

deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub -section ( 1), the competent authority shall on behalf of the Central Government pay the amount to the pers on or persons entitled thereto. (3) Where several p ersons claim to be interested in the amount deposited under sub -section ( 1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionmen t of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose ju risdict ion the land is situated. (5) Where the amount determined under section 20F by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the dat e of taking possession under section 20 -I till the date of actual deposit thereof. (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub -section ( 5) shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority and the provisions of sub -sections ( 2) to ( 4) shall apply to such deposit. 20-I Power to take possession .(1) Where any land has vested in the Central Government under sub-section ( 2) of section 20E, and the amount determined by the competent authority under section 20F with respect to such land has been deposited under sub -section ( 1) of section 20 H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof the competent authori ty or any person duly authorised by it in this behalf within a period of sixty days of the service of the notice. (2) If any person refuses or fails to comply with any direction made under sub -section ( 1), the competent authority shall apply (a) in case o f any land situated in any area falling within the metropolitan area, to the Commissioner of Police; (b) in case of any land situated in any area other than the area referred to in clause ( a), to the Collector of a district, and such Commissioner or Collec tor, as the case may be , shall enforce the surrender of the land, to the competent authority or to th e person duly authorised by it. 20J. Right to enter into land where land has vested in Central Government .Where the land has vested in the Central Government under section 20E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special r ailwa y project or part thereof or any other work connected therewith. 22 20K. Competent authority to have certain powers of civil court .The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: (a) summoning and enforcing the attendance of any pe rson and examining him on oath; (b) requiring the discovery and production of any document; (c) recep tion of evidenc e on affidavits; (d) requisitioning any public r ecord from any court or office; (e) issuing commission for examination of witnesses. 20L. Utilisation of land for the purpose it is acquired .(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior appr oval of the Central Government. (2) When any land or part thereof , acquired under this Act remains unutilised for a period of five years from the date of taking over the posse ssion, the same shall return to the Central Government by reversion . 20M. Sharing with landowners the difference in price of a land when transfer red for a higher consideration .Whenever any land acquired under this Act is transferred to any person for a consideration, eighty per cent . of the difference in the acquisition cost and the consideration received , which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in pro portion to the value at which the lands were acquired , and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government. 20N. Land Acquisit ion Act 1 of 1894 not to apply .Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act. 20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition .The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007 - LRD dated the 31st October, 2007, shall apply in respect of acquisiti on of land by the Cen tral Government under this Act. 20P. Power to make rules in res pect of matters in this Chapter .(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without preju dice to the generality of the foregoing power , such rules may provide for all or any o f the following matters, namely: (a) the manner of appointment of arbitrator under sub-section ( 6) of section 20F; (b) the manner in which the amount shall be deposited with the competent authority under sub-sections ( 1) and ( 6) of section 20H; (c) the manner of maintenance and administration of separate fund for the purposes of section 20M. ] CHAPTER V OPENING OF RAILW AYS 21. Sanction of the Central Govern ment to the opening of railway .No railway shall be opened for the public carriage of passengers until the Central Government has, by order, sanctioned the op ening thereof for that purpose. 22. Formalities to be complied with before giving sanctio n to the opening of a railway .(1) The Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the Commissioner that (a) he has made a careful inspection of the railway and the rolling stock that may be used thereon; 23 (b) the moving and fixed dimensions as laid down by the Central Gove rnment have not been infringed; (c) the structure of lines of rails, strength of bridges, general structural character of the w orks and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and (d) in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it. (2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be co mplied with before sanction is g iven by the Central Government. (3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public. 23. Sections 21 and 22 to apply to the opening of certain works .The provisions of sections 21 and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissio ner under section 22, namely: (a) opening of additional lines of rail way and deviation lines; (b) opening of stations, juncti ons and level crossings; (c) re-modelling of ya rds and re -building of bridges; (d) introdu ction of electric traction; and (e) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply o r are extended by this section. 24. Te mporary suspension of traffic .When an accident has occurred on a railway resulting in a temporary suspension of traffic, and either the original lines of rails and works have been restored to their origi nal standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely: (a) the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or o f the temporary diversion will not in his opinion be attended with danger to the public; and (b) a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner. 25. Power to close railway opened for t he public carriage of passengers .Where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the p ublic using it, the Commissioner shall send a report to the Central Government who may thereupon direct that (i) the railway be closed for the pu blic carriage of passengers; or (ii) the use of the ro lling stock be discontinued; or (iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public. 24 26. Re-opening of closed railway .When the Central Government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock (a) the railway shall not be re -opened for the public carriage of passengers until it has been inspected by the Commissioner and its re -opening is sanctioned in accordance with the provisions of this Chap ter; and (b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter. 27. Use of rolling stock .A railway administration may use such rolling stock as it may consider necessary for the construction, oper ation and working of a railway: Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previo us sanction of the Central Government shall be obtained for such use: Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used. 28. Delegation of powers .The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation to suc h matters and subject to such conditions, if any, as may be specified in the notification, be exercised or dis charged also by a Commissioner. 29. Power to make rules in resp ect of matters in this Chapter .(1) The Central Government may, by notification, ma ke rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the duties of a railway administration and t he Commissioner in regard to the opening of a railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on railways i s to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. CHAPTER VI FIXATION OF RATES 30. Power to fi x rates .(1) The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specif y in such order the conditions subject to which such rates shall apply. (2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply. 31. Power to classi fy commodities or alter rates .The Central Government shall have power to (a) classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such c ommodities; and (b) increase or reduce the class rates and other charges. 25 32. Power of railway administr ation to charge certain rates .Notwithstanding anything contained in this Chapter, a rail way administration may, in respect of the carriage of any commodity and subject to such co nditions as may be specified, (a) quote a station to station rate; (b) increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal; (c) withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in co mpliance with an order made by the Tribunal; and (d) charge any lump sum rate. CHAPTER VII 1[TRIBUNAL ] 2[33. Tribunal .The Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, authority and powers conferred on it by or under this Act.] 34. [Staff of the Tribunal .] Omitted by the Finance Act , 2017 (7 of 2017), s. 163 ( w.e.f . 26-5-2017). 35. [Sittings of the Tribunal .] Omitted by s. 163, ibid. (w.e.f . 2

Sittings of the Tribunal .] Omitted by s. 163, ibid. (w.e.f . 26-5-2017). 36. Complaints aga inst a railway administration .Any complaint that a railway administration (a) is contravening t he provisions of section 70; or (b) is charging for the carriage of any commodity between two stations a rate which is unreasonable; or (c) is levying any other charge which is unreasonable, may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter. 37. Matters not within the jurisdiction of the Tribunal .Nothing in this Chapter shall confer jurisdiction on the Tribunal in respect of (a) classification or re -classification of any commodity; (b) fixation of wharfage and demurrage charges (including conditions attached to such charges); (c) fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway mat erial and military traffic; and (d) fixation of lump sum rates. 38. Powers of the Tribuna l.(1) The Tribunal shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing comm issions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973 (2 of 1974) and any reference in such section or chapter to the pre siding officer of a court shall be deemed to include a reference to the Cha irman of the Tribunal. (2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including order s for the payment of costs. 39. Reference to the Tribunal .Notwithstanding anything contained in section 37, the Central Government may make a reference to the Tribunal in respect of any of the matter specified in that section 1. Subs. by Act 7 of 2017, s. 163, for the Heading (w.e.f. 26-5-2017). 2. Subs. by s. 163, ibid., for section 33 (w.e.f. 26-5-2017). 26 and where any such reference is made in respect of any such m atter, the Tribunal shall make an inquiry into that matter and submit its report the reon to the Central Government. 40. Assista nce by the Central Government .(1) The Central Government shall give to the Tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the Central Government which that Government may think relevant to any matter before the Tribuna l. (2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any p roceedings before the Tribunal. 41. Burden of proof, etc .In the case of any complaint un der clause ( a) of section 36, (a) whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other lo cal area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration; (b) in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in ad dition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public. 42. De cision, etc., of the Tribunal .The decisions or orders of the Tribunal shall be by a majorit y of the members sitting a nd shall be final. 43. Bar of jurisdiction of courts .No suit shall be instituted or proceeding taken in respect of any matter which the Tribunal is empowered to deal with, or decide, under this Chapter. 44. Reliefs which the Trib unal may grant .In the case of any complaint made under clause ( b) or clause ( c) of section 36, the Tribunal may (i) fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint; (ii) direct a refund of amount, if any, as being the excess of the rate or charge fixed by the Tribunal under clause ( i). 45. Revision of de cisions given by the Tribunal .Where a railway administration considers that since the date of de cision by the Tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year from such date, make an application to the Tribunal and the Tribunal may, after making such inquiry as it considers ne cessar y, vary or revoke the decision. 46. Execution of decisi ons or orders of the Tribunal .The Tribunal may transmit any decision or order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or order as if it we re a decree made by that court. 47. Report to the Central Government .The Tribunal shall present annually a report to the Central Government of all its proceedings under this Chapter. 48. Power of the Tribunal to make regulations .(1) The Tribunal may, with the previous approval of the Central Government, make regulations consistent with this Act and rules generally to regulate its procedure for the effective discharge of it s functions under this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of t he following matters, namely: 1* * * * * (b) the award of costs by the Tribunal in any proceedings before it; 1. Clause ( a) omitted by Act 7 of 2017, s.163 (w.e.f. 26-5-2017). 27 (c) the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry; (d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writi ng, or by a legal practitioner; (e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitt ing as members of the Tribunal; (f) a scale of fees for and in connection with the p roceedings before the Tribunal. CHAPTER VIII CARRIAGE OF PASSENGERS 49. Exhibition of certain timings a nd tables of fares at stations .(1) Every railway administration shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English and also in the regional language commonly in use in the area where the station is situated, (i) a table of times of arrival and departure of trains which carry passenger s and stop at that station; and (ii) list of fares from such station to such other station s as it may consider necessary. (2) At every station where tickets are issued to passengers, a copy of the time table in force shall be kept in th e office of the station master. 50. Supply of tickets on payment of fare .(1) Any person desirous of travelling on a railway shall, upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket s hall contain the f ollowing particulars, namely: (i) the date of issue; (ii) the class of carriage; (iii) the place from and the p lace to which it is issued; and (iv) the amount of the fare. (2) Every railway administration shall display the hours during which booking windows at a station shall be kept open for the issue of tickets to passengers. (3) The particulars required to be specified on a ticket under clauses ( ii) and ( iii) of sub -section (1) shall, (a) if it is for the lowest class of carriage, be set forth in Hindi, English and the regional language commonly in use at the place of issue of the ticket; a nd (b) if it is for any other class of carriage, be set forth in Hindi and English: Provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the Central Government may exempt such particulars be ing specified in that language. 51. Provision for case in which ticket is issued for class or train not having accommoda tion for additional passengers .(1) A ticket shall be deemed to have been issued subject to the condition of availability of accommodation in the class of carriage and the train for which the ticket is issued. (2) If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid b y him and the fare payable for the class of carriage in which he travels. 52. Cancellation of ti cket and refund .If a ticket is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be prescribed. 28 53. Pr ohibition against transfer of certain ticke ts.A ticket issued in the name of a person sha ll be used only by that person: Provided that nothing contained in this section shall prevent mutual transfer of a seat or berth by passengers travelling by the same train: Provided further that a railway servant authorised in this behalf may permit change of name of a passenger having reserved a seat or berth subject to such circ umstances as may be prescribed. 54. Exhibition and surrender of passes and ticke ts.Every passenger shall, on demand by any railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the jour ney and surrender such ticket (a) at the end of the jou rney, or (b) if such ticket is issued for a specified period, on the expiration of such period. 55. Prohibition against trav elling without pass or ticket .(1) No person shall enter or remain in any carriage on a railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel. (2) A person obtaining permission under sub -section ( 1) shall ordinarily get a certificate from the railway serv ant referred to in that sub -section that he has been permitted to travel in such carriage on condition that he subsequently pays the fare payable fo r the distance to be travelled. 56. Power to refuse to carry persons suffering from infe ctious or contagious diseases .(1) A person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway ser vant authorised in this behalf. (2) The railway servant giving permission under sub -section ( 1), shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other c onditions as may be pre scribed. (3) Any person who enters or remains in any carriage or travels in a train without permission as required under sub -section ( 1) or in contravention of any condition prescribed under sub -section ( 2), such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway ser vant. 57. Maximum number of p assengers for each compartment .Subject to the approval of the Central Government, every railway administration shall fix the max imum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in Hindi, English and also in one or more of the regional languages commonly in use in the areas serv ed by the railway. 58. Earmarking of compartment, etc., for ladies .Every railway administration shall, in every train carrying passengers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railwa y administration may think fit. 59. Communications between passengers and railw ay servant in charge of train .A railway administration shall provide and maintain in every train carrying passengers, such efficient means of communication between the passengers and the railway servant in charge of the train as may be appr oved by the Central Government: Provided that where the railway administration is satisfied that the means of communication provided in a train are being misus ed, it may cause such means to be disconnected in that train fo r such period as it thinks fit: Provided further that the Central Government may specify the circumstances under which a railway administration may be exempted from providing such means of comm unication in any train. 60. Power to make rules in respe ct of matters in this Chapter .(1) The Central Government may, by notification, make rules to carry ou t the purposes of this Chapter. 29 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he following matters, namely: (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers ; (b) the amount of refund fo r the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, m ay be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in t he cloak rooms at the stations; (e) diseases whic h are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) genera lly, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any perso n to inspect it free of charge. CHAPTER IX CARRIAGE OF GOODS 61. Maintenance of rate -books , etc., for carriage of goods .Every railway administration shall maintain, at each station and at such other places where goods are received for carriage, the rate -books or other documents which shall contain the rate authorised for the carriage of goods from one station to another and make them available for the reference of any person during all reasonable ho urs without payment of any fee.

from one station to another and make them available for the reference of any person during all reasonable ho urs without payment of any fee. 62. Conditions for receiving, etc., of goods .(1) A railway administration may impose conditions, not inconsistent with this Act or any rules made thereunder, with respect to the receiving, forwarding, carry ing or delivering of any goods. (2) A railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under sub -section ( 1) and make them available for the reference of any person during all reasonable hours without payment of any fe e. 63. Provision of risk rates .(1) Where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owner's risk rate is applicable in respect of such good s, be at railway risk rate. (2) Any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owner's risk rate. 64. Forwarding note .(1) Every person entrusting any goods to a railway administration for carriage shall execute a forwarding note in such form as may be specified by the Central Government: Provided that no forwarding note shall be executed in the case of s uch goods as may be prescribed. (2) The consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note. (3) The consignor shall indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding not e. 30 65. Railway receipt .(1) A railway administration shall, (a) in a cas e where the goods are to be loaded by a person entrusting such goods, on the completion of such loading; or (b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be speci fied by the Central Government. (2) A railway receipt shall be prima facie evidence of the weight and the num ber of packages stated therein: Provided that in the case of a consignment in wagon -load or train -load and the weight or the number of packages is not checked by a railway servant a uthorised in this behalf, and a statement to that effect is recorded in such railway receipt by him, the burden of proving the weight or, as the case may be, the number of packages stated therein, shall lie on the consignor, the consignee or the endorsee. 66. Power to require statement relatin g to the description of goods .(1) The owner or a person having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by such consignee or endorsee, as the case may be, containing such description of the goods as would e nable the railway servant to determ ine the rate for such carriage. (2) If such owner or person refuses or neglects to give the statement as required under sub -section ( 1) and refuses to open the package containing the goods, if so required by the railway s ervant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays for such carriage the highe st rate for any class of goods. (3) If the consignee or endorsee refuses or neglects to give the statement as required under sub-section ( 1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to charge in respect of the carriage of the goods the highe st rate for any class of goods. (4) If the statement delivered under sub -section ( 1) is materially false with respect to the description of any goods to which it purports to relate, the railway administration may charge in respect of the carriage of such goods such ra te, not exceeding double the highest rate for any class of goods as may be specified by t he Central Government. (5) If any difference arises between a railway servant and such owner or person, the consignee or the endorsee, as the case may be, in respect of the description of the goods for which a statement has been delivered under sub -section ( 1), the railway servant ma y detain and examine the goods. (6) Where any goods have been detained under sub -section ( 5) for examination and upon such examination it is found that the description of the goods is different from that given in the statement delivered under sub -section ( 1), the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination. 67. Carriage o f dangerous or offensive goods .(1) No person shall take with him on a railway, or require a railw ay administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section. (2) No person shall take with him on a railway the goods referred to in sub -section ( 1) unless he gives a notice i n writing of their dangerous or offensive nature to the railway servant authorised in this behalf. (3) No person shall entrust the goods referred to in sub -section ( 1) to a railway servant authorised in this behalf for carriage unless he distinctly marks o n the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant. (4) If any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under sub -section ( 2) or sub -section ( 3), as the case may be, in respect of 31 such goods is not given, he may cause such package to be opened for the purpos e of ascertaining its contents. (5) Notwiths tanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the pro visions of this section for such carriage are not complied with. (6) Nothing in this section shall be construed to derogate from the provisions of the Indi an Explosives Act, 1884 (4 of 18 84), or any rule or order made under that Act, and nothing in sub-sections ( 4) and ( 5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such. 68. Carriage of animals suffering from infe ctious or contagious diseases .A railway administration shall not be bo und to carry any animal suffering from such infectious or contagiou s disease as may be prescribed. 69. Deviation of route .Where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reaso ns, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route. 70. Pr ohibition of undue preference .A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of tr affic in the carriage of goods. 71. Power to give direction in regar d to carriage of certain goods .(1) The Central Government may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, direct any railway administration (a) to give special facilities for, or prefe rence to, the carriage of such goods or class of goods consigned by or to the Central Government or the Government of any State or of such other goods or class of goods; (b) to carry any goods or class of goods by such rou te or routes and at such rates; (c) to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage, as may be specified in the order. (2) Any order made under sub -section ( 1) shall cease to have effect after the expiration of a period of one year from the date of such order, but may, by a like order, be renewed from time to time for such period not exceeding one year at a time as may be specified in the order. (3) Notwithstanding anything contained in this Act, every railway administration shall be boun d to comply with any order given under sub -section ( 1) and any action taken by a railway administration in pursuance of any such order shall not be deemed to be a contravention of section 70. 72. Maximum carrying c apacity for wagons and trucks .(1) The gro ss weight of every wagon or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the Central Government for the class of axl e under the wagon or truck. (2) Subject to t he limit fixed under sub -section ( 1), every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures the normal carrying capacity so determined in a conspicuous ma nner on the outside of every such wagon or truck. (3) Every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manne r specified in sub -section ( 2). 32 (4) Notwithstanding anything contained in sub -section ( 2) or sub -section ( 3), where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carryin g capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks. 73. Punitive charge for o verloading a wagon .Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub -section ( 2) or sub -section ( 3), or notified under sub-section ( 4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, be fore the delivery of the goods: Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this accou nt. 74. Passing of property in the go ods covered by railway receipt .The property in the consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be, on the delivery of such railway receipt to him and he s hall have all the rights an d liabilities of the consignor. 75. Section 74 not to affect right of stoppage in transit or claims for freight .Nothing contained in section 74 shall prejudice or affect (a) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the Sale of Goods Act, 1930 [3 of 1930] ) on his written request to the railway administration; (b) any right of the railway to claim freight from the consignor; or (c) any liability of the consignee or the end orsee, referred to in that section, by reason of his being such consignee or endorsee. 76. Surrender of railway receipt .The railway administration shall deliver the consignment under a railway receipt on the sur render of such railway receipt: Provided tha t in case the railway receipt is not forthcoming, the consignment may be delivered to the person, entitled in the opinion of the railway administration to receive the goods, in su ch manner as may be prescribed. 77. Power of railway administration to delive r goods or sale pro ceeds thereof in certain cases . Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed. 78. Power to measure, weigh, etc .Notwithstanding anything contained in the railway receipt, the railway administration may, befo re the delivery of the c onsignment, have the right to (i) re-measure, re -weigh or re-classify any consignment; (ii) re-calculate the freight and other charges; and (iii) correct any other error or collect any amount that may h ave been omitted to be charged. 79. Weighment of consignment on request of the consignee or endorsee .A railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as m ay be prescribed an d the demurrage charges if any: 33 Provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owner s risk rate or goods which are perish able and are li kely to lose weight in transit: Provided further that no request for weighment of consignment in wagon -load or train -load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circ umstances as may be prescribed. 80. Liability of railway adm inistration for wrong delivery .Where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such perso n is not entitled thereto or that the endorsement on the railway receipt is forge d or otherwise defective 81. Open delivery of consignments .Where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall give open delivery in su ch manner as may be prescribed. 82. Part ial delivery of consignments. (1) The consignee or endorsee shall

as may be prescribed. 82. Part ial delivery of consignments. (1) The consignee or endorsee shall, as soon as the consignment or part thereof is ready f or delivery, take delivery of such consignment or part thereof notwithstanding that such consign ment or part thereof is damaged (2) In the case of partial delivery under sub -section ( 1), the railway administration shall furnish a partial delivery certific ate, in such form as may be prescribed. (3) If the consignee or endorsee refuses to take delivery under sub -section ( 1), the consignment or part thereof shall be subject to wharfage charges beyon d the time allowed for removal. 83. Lien fo r freight or any o ther sum due .(1) If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereaf ter comes into its possession. (2) The railway administration may, if the consignment deta ined under sub -section ( 1) is (a) perisha ble in nature, sell at once; or (b) not perishable in n ature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal t o the freight or other charges: Provided that where a railway administration for reasons to be recorded in writing is of the o pinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in su ch manner as may be prescribed. (3) The railway administration shall give a notice of not less than seven days of the public auction under clause ( b) of sub-section ( 2) in one or more local newspapers or where there are no such newspapers in su ch manner as may be prescribed. (4) The railway administration may, out of the sale proceeds received under sub -section ( 2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto. 84. Unc laimed consignment .(1) If a ny per son fails to take delivery of (a) any consignment; or (b) the consignment released from detention made under sub -section ( 1) of section 83; or (c) any remaining part of the consignment under sub -section ( 2) of section 83, such consignment shall be treated as unclaimed. (2) The railway administration may, 34 (a) in the case of an unclaimed consignment which is perishable in nature, sell such consignment in the manner provided in clause ( a) of sub -section ( 2) of section 83 ; or (b) in the case of an unclaimed consignment which is not perishable in nature, cause a notice to be served upon the consignee if his name and address are known, and upon the consignor if the name and address of the consignee are not known, requiring him to remove the good s within a period of seven days from the receipt thereof and if such notice cannot be served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause ( b) of sub-section (2) of section 83. (3) The railway administration shall, out of the sale proceeds received under sub -section ( 2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds shall be rendered to the person entitled thereto. 85. Disposal of perishable consignm ents in certain circumstances. (1) Where by reason of any flood, land -slip, breach of any lines of rails, collision between trains, derailment of, or other accident to a train or any other cau se, traffic on any route is interrupted and there is no likelihood of early resumption of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of, or damage to, su ch consignment, the railway administration may sell them in the manner provided in clause ( a) of sub-section ( 2) of section 83. (2) The railway administration shall, out of the sale proceeds received under sub -section ( 1), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds, shall be rendered to the person entitled thereto. 86. Sales under sections 83 to 85 n ot to affect the right to suit .Notwithstanding anything contained in this Chapter, the right of sale under sections 83 to 85 shall be without prejudice to the right of the railway administration to recover by suit, any freight, charge, amount or other expenses due to it. 87. Power to make rules in respe ct of ma tters in this Chapter .(1) The Central Government may, by notification, make rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he fo llowing matters, namely: (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section ( 1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section ( 1) of section 67; (c) infectious or contagious diseases for the purposes of section 6 8; (d) rates of pe nalty charges under section 73; (e) the manner in which the consignment may be delivered without a ra ilway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon -load or train -load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section ( 2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section ( 2) of section 83; (k) the manner in which a notice under sub -section ( 3) of section 83 m ay be given; (l) generally, for regulating the car riage of goods by the railways. 35 (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend t o one hundr ed and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. CHAPTER X SPECIAL PROVISIONS AS TO GOODS BOOKED T O NOTIFIED STATIONS 88. Definitions .In this Chapter, unless th e context otherwise requires, (a) essential commodity means an essential commodity as defined in clause ( a) of section 2 of the Essential Comm odities Act, 1955 (10 of 1955); (b) notified station means a station declared to be a not ified station under section 89; (c) State Government , in relation to a notified station, means the Government of the State in which such station is situated, or where such station is situated in a Union territory, the administrator of that Union territ ory appointed under article 239 of the Constitution. 89. Power to declare notified stations .(1) The Central Government may, if it is satisfied that it is necessary that goods entrusted for carriage by train intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification, such railway station to be a notified station for such period as may be specified in the notification: Provided that before declaring any railway station to be a notified station under this sub -section, the Central Government shall have regard to all or any of t he following factors, namely: (a) the volume of traffic and the storage space availab le at such ra ilway station; (b) the nature and quantities of goods generally booked to such ra ilway station; (c) the scope for causing scarcity of such goods by not removing them for long periods from such railway station and the hardship which such scarc ity may cause to the community; (d) the number of wagons likely to be held up at such railway station if goods are not removed therefrom quickly and the need for quick movement a nd availability of such wagons; (e) such other factors (being relevant from the point of vie w of the interest of the genera l public) as may be prescribed: Provided further that the period specified in any notification issued under this sub -section in respect of any railway station shall not exceed six months in the first instance, but such period may, by notification, be extended from time to time by a period not exceeding si x months on each occasion. (2) If any person entrusting any goods to a railway administration to be carried to a notified station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation by registered post of the arrival of the goods at the notified station shall be given and pays the postage charges required for giving such intimation, the railway admi nistration shall, as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly. (3) There shall be exhibited at a conspicuous place at each notified station a statement in the prescribed form setting out the de scription of the goods which by reason of the fact that they have not been removed from the station within a period of seven days from the termination of transit thereof are liable to be sold, in accordance with the provision, of sub -section ( 1) of section 90 by public auction and the dates on which they would be so sold: Provided that different statements may be so exhibited in respect of goods proposed to be sold on different dates. (4) If the goods specified in any statement to be exhibited under sub-section ( 3) include essential commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of such stateme nt, forward a copy thereof to (a) the representa tive of the Central Government nominated by that Gover nment in this behalf; 36 (b) the representative of the State Government nominated by that Government in this behalf; and (c) the District Magistrate within the local limits of whose jurisdiction t he railway station is situated. 90. Disposal of unremo ved goods at notified stations .(1) If any goods entrusted for carriage to any notified station by a train intended solely for the carriage of goods are not removed from such station by a person entitled to do so within a period of seven days after the termination of transit thereof at such station, the railway administration may, subject to the provisio ns of sub -section ( 2), sell such goods by public auction and apart from exhibiting, in accordance with the provisions of sub -section ( 3) of section 89, a statement c ontaining a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this sub -section may be notified in one or more local newspapers, or where there are no such ne wspapers, in su ch manner as may be prescribed: Provided that if at any time before the sale of such goods under this sub -section, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administ ration, he shall be allowed to remove such goods. (2) If any goods which may be so ld by public auction under sub -section ( 1) at a notified station, being essential commodities, are required by the Central Government or the State Government for its own use or if the Central Government or such State Government considers that it is necessary for securing the availability of all or any such essential commodities at fair prices so to do, it may, by order in writing, direct the railway servant in -charge of such a uction to transfer such goods to it or to such agency, co-operative society or other person (being an agency, co -operative society or other person subject to the control of the Government) engaged in the business of selling such essential commodities as m ay be specified in the direc tion. (3) Every direction issued under sub -section ( 2) in respect of any essential commodity shall be binding on the railway servant to whom it is issued and the railway administration and it shall be a sufficient defence agains t any claim by the person entitled to the goods that such essential commodities have been transferred in compliance with such direction: Provided that (a) such direction shall not be binding on such railway servant or the railway administration (i) if it has not been received by the railway servant sufficiently in time to enable him to prevent the sale of the essential comm odities to which it relates; or (ii) if before the time appointed for such sale, the person entitled to such goods pays the freight an d other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods; or (iii) if the price payable for such goods (as estimated by the Central Government or, as the case may be, the State Government) is not credited to the railway administration in the prescribed manner and the railway administration is not indemnified against any additional amount which it may become liable to pay towards the price by reason of the price not having been computed in accordance with the provisions of sub -section (4); (b) where directions are issued in respect of the same goods both by the Central Government and the State Government, the directions received earlier shall prevail. (4) The price payable for any essential commodity transferred in compliance with a direction issued under sub -section ( 2) shall be the price calculated in accordance with the provisions of sub -section ( 3) of section 3 of the Essential Commodities Act, 195 5 (10 of 1955). Provided that (a) in the case of a ny es sential commodity being a food -stuff in respect whereof a notification issued under sub -section ( 3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955) is in force in the locality in which the notified station is situated, the price paya ble shall be calculated in accordance with the provisions of clauses ( iii) and ( iv) of that sub -section; 37 (b) in the case of an essential commodity being any grade or variety of foodgrains, edible oil - seeds or edible oils in respect were of no notification issued under sub -section ( 3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), is in force in the locality in which the notified station is situated, the price payable shall be calculated in accordance with the provisions of su b-section ( 3B) of that section; (c) in the case of

in accordance with the provisions of su b-section ( 3B) of that section; (c) in the case of an essential commodity being any kind of sugar in respect whereof no notification issued under sub -section ( 3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), is in force in the locality in which t he notified station is situated, the price payable shall, if such sugar has been booked by them producer to himself, be calculated in accordance with the provisions of su b-section ( 3C) of that section. Explanation .For the purposes of this clause, the expressions producer and sugar shall have the meanings a signed to these expressions in the Explanation to sub -section ( 3C) of section 3, and clause ( e) of section 2 of the Essential Commodities Act, 1 955 (10 of 195 5), respectively. 91. Price to be paid to person entitled after deducting dues .(1) Out of the proceeds of any sale of goods under sub -section ( 1) of section 90 or the price payable therefor under sub -section ( 4) of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the expenses incurred in respect of the goods and the auction thereof and render the surplus, if any, to the person entitled thereto. (2) Notwithstanding anything contained in sub -section ( 1), the railway administration may recover by suit any such freight or charge or expenses referred to therein or balance thereof. (3) Any goods sold under sub -section ( 1) of section 90 or transferred in compliance with the directi ons issued under sub -section ( 2) of that section shall vest in the buyer or the transferee free from all encumbrances but subject to a priority being given for the sum which may be retained by a ra ilway administration under sub -section ( 1), the person in w hose favour such encumbrance subsits may have a claim in respect of such encumbrance against the surplus, if any, r eferred to in that sub -section. 92. Power to make rules in respect of matters in this Chapter .(1) The Central Government may, by notificatio n, make rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matt ers, namely: (a) the factors to which the Central Government shall have regard under clause ( e) of the first proviso to sub-section ( 1) of section 89; (b) the form and manner in which an application may be made under sub-section ( 2) of section 89; (c) the form in which a statement is required to be exhib ited under sub -section ( 3) of section 89; (d) the manner in which the dates of public auctions may be notified under sub-section ( 1) of section 90; (e) the manner of crediting to the railway administration the price of goods referred to in sub-clause ( iii) of clause ( a) of the proviso to sub-section ( 3) of section 90. CHAPTER XI RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS 93. General responsibility of a railway admin istration as carrier of goods .Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non -delivery of any consignment, arising from any cause except the following, namely: (a) act of God; (b) act of war; (c) act of public enemies; 38 (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a Stat e Government a uthorised by it in this behalf; (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee; (g) natural deterioration or wastage in bulk or weight due to inherent defect , quality or vice of the goods; (h) latent defects; (i) fire, ex plosion or any unforeseen risk: Provided that even where such loss, destruction, damage, deterioration or non -delivery is proved to have arisen from any one or mor e of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destructio n, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and ca re in the carriage of the goods. 94. Goods to be loaded or delivered at a siding not belongi ng to a railway administration . (1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the s iding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordin gly by the owner of the siding. (2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non -delivery of such consignment from whatever cause arising after the wagon containing the consignment has been pl aced at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway by a railway ser vant authorised in this behalf. 95. Delay or retention in transit .A railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on t he part of any of its servants. 96. Traffic passing over railways in India and railways in foreign countries .Where in the course of carriage of any consi gnment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arisi ng, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration. 97. Goods carried at owner s risk rate .Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or non - delivery in transit, of any consignment carried at owner s risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, det erioration or non -delivery was due to negligence or misconduct on its part or on t he part of any of its servants: Provided that, (a) where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the c onsignee or the endorsee and such non -delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or 39 (b) where in respect of any such consignment or of any package forming part of such consignment which ha d been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or packag e had been pilfered in transit, the railway a dministration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway a dministration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee. 98. Goods in defective co ndition or defectively packed .(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, when any goods entrusted to a railwa y administration for carriage (a) are in a defective condition as a consequence of which they are liable to damage, deteri oration, leaka ge or wastage; or (b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are availab le for de livery at destination: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on th e part of the railway administration or of any of its servants is proved . (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on pro of by railway administration, (a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterio ration, leakage or wastage; and (b) that such defective condition or defective or i mproper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the railway administrati on for carriage by railway: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved. 99. Responsibility of a railway administration after termination of transit .(1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non -delivery of any consignment up to a period of seven days after the term inatio n of transit: Provided that where the consignment is at owner s risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, damage, deterioration or non -delivery except on proof of negligence or misconduct on the part of the railway administra tion or of any of its servants. (2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non -delivery of any consignment arising after the expiry of a period of se ven days af ter the termination of transit. (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction , damage, deterioration or non -delivery of 40 perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, af ter the termination of transit. (4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or rem oved from the railway premises. 100. Respons ibility as carrier of luggage .A railway administration shall not be responsible for the loss, destruction, damage, deteri oration or non -delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or d eterioration was due to the negligence or misconduct on its part or on t he part of any of its servants. 101. Responsib ility as a carrier of animals .A railway administration shall not be responsible for any loss or destruction of, or injuries to, any anima l carried by railway arising from freight or restiveness of the animal or from overload ing of wagons by the consignor. 102. Exoneration f rom liability in certain cases .Notwithstanding anything contained in the foregoing provisions of this Chapter, a railw ay administration shall not be responsible for the loss, destruction, damage, deterioration or non -delivery of any consignment, (a) when such loss, destruction, damage, deterioration or non -delivery is due to the fact that a materially false description of the consignment is given in the statement delivered under sub-section ( 1) of section 66; or (b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor , consignee or the endorsee; or (c) where it is proved by the railway administration to have been caus ed by, or to have arisen from (i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consig nor, consignee or the endorsee; (ii) riot, civil commotion, strike, lock -out, stoppage or restraint of labour from whatever cause arising whether partial or ge neral; or (d) for any indirect or consequential loss or damage or for loss of particular market. 103. Extent of monetary liability in respect of any consignment .(1) Where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub -section ( 2) by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non -delivery of the consignment shall in no case exceed such amo unt calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed. (2) Notwithstanding

such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed. (2) Notwithstanding anything contained in sub -section ( 1), where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignment as is in exces s of the liability of the railway administration as calculated or specified, as the case may be, under sub-section ( 1), the liability of the railway administration for the loss, destruction, damage, deterioration or non -delivery of such consignment shall n ot exceed the value so declared. (3) The Central Government may, from time to time, by notification, direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub -section ( 2). 104. Extent of liability in respect of go ods carried in open wagon .Where any goods, which, under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility o f railway administration for destruction, damage or deterioration which may 41 arise only by reason of the goods being so carried, shall be one -half of the amount of liability for such destruction, damage or deterioration determine d under this Chapter. 105. R ight of railway administration to check contents of c ertain consignment or luggage . Where the value has been declared under section 103 in respect of any consignment a railway administration may make it a condition of carrying such consignment that a railw ay servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared. 106. Notice of claim for compensa tion and refund of overcharge .(1) A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non -delivery of goods carried by railway, unless a notice thereof is se rved by him or on his behalf, (a) to the railway administration to w hich the goods are entrusted for carriage; or (b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the da te of entrustment of the good s. (2) Any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in sub -section ( 1) by or on behalf of the person within the said period of six months regarding the non -deliv ery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a no tice of claim for compensation. (3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served by him or on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the dest ination station, whichever is later. 107. Applications for compens ation for loss, etc., of goods .An application for compensation for loss, destruction, damage, deterioration or non -delivery of goods shall be filed against the railway administration on whom a notice und er section 106 has been served. 108. Person e ntitled to claim compensation .(1) If a railway administration pays compensation for the loss, destruction, damage, deterioration or non -delivery of goods entrusted to it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the Claims Tribunal or any other legal proceeding shall lie against the railway administration on t he ground that the consignee or the endorsee was not legally entitle d to receive such compensation. (2) Nothing in sub -section ( 1) shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receivi ng compensation under that sub -section. 109. Railway administration against which application for compensation for personal injury is to be filed .An application before the Claims Tribunal for compensation for the loss of life or personal injury to a passenge r, may be instituted against, (a) the railway administration from which the passenger obtained his p ass or purchased his ticket, or (b) the railway administration on whose railway the destination station lies or the lo ss or personal injury occurred. 110. Burden of proof .In an application before the Claims Tribunal for compensation for loss, destruction, damage, deterioration or non -delivery of any goods, the burden of proving (a) the monet ary loss actually sustained; or (b) where the value has been declared under sub -section ( 2) of section 103 in respect of any consignment that the value so declared is its true value, 42 shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non -delivery was caused. 111. Extent of liability of railway administration in respect of accidents at sea .(1) When a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea from act of God, public enemies , fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and, subject to that cond ition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent. (2) The burden of proving th at any such loss, injury or damage as is mentioned in sub -section ( 1) happened during the carriage by sea shall lie on the railway administration. 112. Power to make rules in respect of matters in this Cha pter.(1) The Central Government may, by notificati on, make rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner of packing of goods entrusted to a railway administration under clause ( b) of sub-section ( 1) of section 98; (b) the goods for the purposes of sub -section ( 3) of section 99; and (c) the maximum amount payable by the railway administration for the loss, destruction, damage, deterioration or non -delivery of any consignment under sub-section ( 1) of section 103. CHAPTER XII ACCIDENTS 113. Notice of railway accident .(1) Where, in the course of working a railway, (a) any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860), or with such serious injury to pr operty as may be prescribed; or (b) any collision between trains of which one is a train carrying passengers; or (c) the derailment of any train carrying passengers, o r of any part of such train; or (d) any accident of a description usually attended with loss of human life or with such gri evous hurt as aforesaid or with serious injury to property; or (e) any accident of any other description which the Central Government may notify in this behalf in the Official Gazette, occurs, the station master of the station nearest to the place at whic h the accident occurs or where there is no station master, the railway servant in charge of the section of the railway on which the accident occurs, shall, without delay, give notice of the accident to the District Magistrate and Superintendent of Police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in this be half by the Central Government. (2) The railway administration within whose jurisdiction the accident occurs, as also the railway administration to whom the train involved in the accident belongs, shall without delay, give notice of the accident to the State Government and the Commissioner having jurisdiction over the p lace of the accident. 43 114. Inquiry by Commissioner .(1) On the receipt of a notice under section 113 of the occurrence of an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing tota l or partial disablement of permanent nature to a passenger or serious damage to railway property, the Commissioner shall, as soon as may be, notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same time fix and communicate the d ate, time and place of inquiry: Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which, in his opinion, requires the holding of such an inquiry. (2) If for any reason, the Commissioner is not able to hold an inquiry as soon as may be after the occurrence of the accident, he shall notify the railway administration accordingly. 115. Inq uiry by railway administration .Where no inquiry is held by the Commissioner under sub-section ( 1) of section 114 or where the Commissioner has informed the railway administration under sub-section ( 2) of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure. 116. Powers of Commissioner in relation to inquiries .(1) For the purpose of conducting an inquiry under this Chapter into the causes of a ny accident on a railway, the Commissioner shall, in addition to the powers specified in section 7, have the powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely: (a) summoning and enforcing the attendance of pers ons and examining them on oath; (b) requiring the discove ry and production of documents; (c) rece iving evidence on affidavits; (d) requisitioning any public record or copies th ereof from any court or office; (e) any other matter which may be prescribed. (2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 117. State ment made before Commissioner .No statement made by a person in the course of giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: Provided that the statement is (a) made in reply to a question which is required by the Commissioner to answer; or (b) relevant to the subject -matter of the inquiry. 118. Procedure, etc .Any railway administration or the Commissioner conducting an inquiry under this Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed. 119. No inquiry, investigation, etc. , to be made if the Commiss ion of Inquiry is appointed . Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of Inquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of 1952), to inquire into an ac cident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the Central Gov ernment in this behalf. 120. Inquiry into accide nt not covered by section 113 .Where any accident of the nature not specified in section 113 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed. 44 121. Returns .Every railway administration shall send to the Central Government, a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescrib ed. 122. Power to make rules in respect of matters in this Chapte r.(1) The Central Government may, by notification, make rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, na mely: (a) the injury to property which shall be considered serious under clause ( a) of sub-section ( 1) of section 113; (b) the forms of notice of accidents to be given under section 113 and the particulars of the accid ent such notices shall contain; (c) the manner of sending the notices of accidents, including the class of accidents to be sent immediately after the accident; (d) the duties of the Commissioner, railway administration, railway servants, police officers and Magistrates on the occurrence of a n accident; (e) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared; (f) the nature of inquiry to be made by a railway administration into the causes of an accident under section 120; (g) the form and manner of sending a return of accidents by a railway ad ministration under section 121. CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS 123. Definitions .In this Chapter, unless th e context otherwise requires, (a) accident means an accident of the nat ure described in section 124; (b) dependant means any of the following relatives of a deceased passenger, namely: (i) the wife, husband, son and daughter, and in case the deceased passenger is unmar ried or is a minor, his parent; (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter -in-law and a minor child of a pre -dece

, minor brother or unmarried sister, widowed sister, widowed daughter -in-law and a minor child of a pre -deceased son, if dependant wholly or pa rtly on the deceased passenger; (iii) a minor child of a pre -deceased daughter, if wholly dependant on the deceased passenger; (iv) the paternal grand parent wholly depen dant on the deceased passenger; 1[(c) untow ard incident means (1) (i) the commission of a t errorist act within the meaning of sub -section ( 1) of section ( 3) of the Terrorist and Dis ruptive Acti vities (Prevention) Act, 1987 (28 of 1987) ; or (ii) the making of a violent attack or the commi ssion of robbery or dacoity; or (iii) the indulging in rioting, shoot -out or arso n, 1. Ins. by Act 28 of 1994, s. 2 (w.e.f. 1 -8-1994). 45 by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger fro m a train carrying passengers.] 124. Extent of liability .When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or a ny part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action an d recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a pas senger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustaine d as a result of such accident. Explanation .For the purposes of this section passenger includes a railway servant on duty. 1[124A. Compensation on account of untoward incidents .When in the course of working a railway an untoward incident o ccurs, then whether or not there has been any wrongful act, negl ect or default on the part of the railway administration such as would entitle a passenger who ha s been injured or the dependant of a passenger who has been killed to maintain an action and recover dama ges in respect thereof, the railway administ ration shall, notwithstanding anything contained in any othe r law, be liable to pay compens ation to such extent as may be prescribed and to that extent only of loss occas ioned by the death of, or injury to, a passenger as a re sult of such untoward incident: Provided that no compensation shall be pay able under this section by the railway administration if the passenger dies or suffers injury due to (a) suici de or attempted suicide by him; (b) self -inflicted injury; (c) his own criminal act; (d) any act c ommitted by him in a sta te of intoxication or insanity; (e) any natural cause or di sease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. Explanation .For the purpose of this section, passenger includes (i) a railway servant on duty; and (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an unt oward incident.] 125. Application for compensation .(1) An application for c ompensation under section 124 2[or section 124A] may b e made to the Claims Tribunal (a) by the person who has sustained the injury or suffered any loss, or (b) by any agent duly authorised by such person in this behalf, or (c) where such person is a minor, by his guardian, or (d) where death has resulted fro m the accident 1[or the untowa rd incident] , by any dependant of the deceased or where such a dependa nt is a minor, by his gua rdian. (2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependant. 1. Ins. by Act 28 of 1994, s. 3 (w.e.f. 1 -8-1994). 2. Ins. by s. 4 , ibid. (w.e.f. 1 -8-1994). 46 126. Interim re lief by railway administration .(1) Where a person who has made an application for compensation under section 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section. (2) Where, on the receipt of an application made under sub -section ( 1) and after m aking such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensat ion payable under section 124 1[or section 124 A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such re lief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed. (3) The railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub -sectio n (2), send a copy thereof to the Claims Tribunal. (4) Any sum paid by the railway administration under sub -section ( 2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable. 127. Determination of compensat ion in respect of any injury or loss of goods .(1) Subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be det ermined by the Claims Tribunal. (2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunal may, having regard to the circumstances of the ca se, determine to be reasonable. 128. Saving as to certain rights .(1) The right of any person to claim compensation under section 124 2[or section 124A] shall not affect the right of any such person to recover compensation payable under the Workmen s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident. (2) Nothing in sub -section ( 1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance. 129. Power to make rules in respe ct of matters in this Chapter .(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter . (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he following matters, namely: (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and t he amount of such compensation. CHAPTER XIV REGULATI ON OF HOURS OF WORK AND PERIOD OF REST 130. Definitions .In this Chapter, unless th e context otherwise requires, (a) the employment of a railway servant is said to be continuous except when it is excluded or has been declared to be essenti ally intermittent or intensive; (b) the employment of a railway servant is said to be essentially intermittent when it has been declar ed to be so by the pres cribed authority on the ground that the daily hours of duty of the railway servant normally include pe riods of inaction aggregating to fifty per cent. or more (including at least one such period of not less than one hour or two such periods of not less than half an hour each) in a tour of twelve hours duty (on the average over seventy -two consecutive hours ), during which the 1. Ins. by Act 28 of 1994, s. 5 (w.e.f. 1 -8-1994). 2. Ins. by s. 6, ibid. (w.e.f. 1 -8-1994). 47 railway servant may be on duty, but is not called upon to display either physical a ctivity or sustained attention; (c) the employment of a railway servant is said to be excluded , if he belongs to any one of the following categories, namely: (i) railway servants employed in a manag erial or confidential capacity; (ii) armed guards or other personnel subject to discipline similar to that of any of the armed police forces; (iii) staff of the railway schools imparting technical training or academic education; (iv) such staff as may be specified as supervisory under the rules; (v) such other categories of staff as may be prescribed; (d) the employment of a railway servant is said to be intensive when it has been declared to be so by the pr escribed authority on the ground that it is of a strenuous nature involving continued concentration or hard manual labour with lit tle or no period of relaxation. 131. Chapter not to apply to certain railway servants .Nothing in this Chapter shall apply to any railway servant to whom the Factories Act, 1948 (63 of 1948 ) or the Mines Act 1952 (35 of 1952) or the Railway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958), applies. 132. Limitation of hours of work .(1) A railway servant whose employment is essentially intermittent shall not be employed for more than seventy -five hours in any week. (2) A railway servant whose employment is continuous shall not be employed for more than fi fty-four hours a week on an average in a two -weekly period of fourteen days. (3) A railway servant whose employment is intensive shall not be employed for more than forty -five hours a week on an average in a two -weekly period of fourteen days. (4) Subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of sub -section ( 1) or sub -section ( 2) or sub -section ( 3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases o f exceptional pressure of work: Provided that where such exemption results in the increase of hours of employment of a ra ilway servant referred to in any of the sub -sections, he shall be paid overtime at not less than two times his ordinary rate of pa y for the excess hours of work. 133. Grant of periodical rest .(1) Subject to the provisions of th is section, a railway servan t (a) whose employment is intensive or continuous shall, for every week commencing on a Sunday, be granted a rest of not less than thirty consecutive hours; (b) whose employment is essentially intermittent shall, for every week commencing on a Sunday, be granted a rest of not less than twenty -four consecutiv e hours including a full night. (2) Notwithstanding anything contained in sub -section ( 1), (i) any locomotive or traffic running staff shall be granted, each month, a rest of at least four periods of not less than thirty consecutive hours each or at least five periods of not less than twenty -two consecutive hour s each, including a full night; (ii) the Central Government may, by rules, specify the railway servants to whom periods of rest on scales less than those laid down under sub -section ( 1) may be g ranted and the periods thereof. 48 (3) Subject to such rules as may be made in this behalf, if the p rescribed authority is of the opinion that such circumstances as are referred to in sub -section ( 4) of section 132 are present, it may exempt any railway servant from the provisions of sub -section ( 1) or clause ( i) of sub -section ( 2): Provided that a railw ay servant so exempted shall, in such circumstances as may be prescribed, be granted compensatory periods of rest for the periods he has foregone. 134. Railw ay servant to remain on duty .Nothing in this Chapter or the rules made thereunder shall, where due provision has been made for the relief of a railway servant, authorise him to leave his duty until he has been relieved. 135. Supervisors of railway labour .(1) Subject to such rules as may be made in this behalf, the Central Government may appoint superv isors of railway labour. (2) The duties of superviso rs of railway s labour shall be (i) to inspect railways in order to determine whether the provisions of this Chapter or of the rules made th ereunder are duly observed; and (ii) to perform such other functions as may be prescribed. (3) A supervisor of railway labour shall be deemed to be a Commissioner for th e purposes of sections 7 and 9. 136. Power to make rules in respe ct of matters in this Chapter .(1) The Central Government may, by notification, m ake rules to carry ou t the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he following matters, namely: (a) the authorities who may declare the employment of any railway servant essenti ally intermittent or intensive; (b) the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard; (c) the categories of staff that may be specified under sub -clauses ( iv) and ( v) of clause ( c) of section 130; (d) the authorities by whom exemptions under sub -section ( 4) of section 132 or sub -section (3) of section 133 may be made; (e) the delegation of power by the authori ties referred to in clause ( d); (f) the railway servant to whom clause ( ii) of sub -section ( 2) of section 133 apply and the periods

(f) the railway servant to whom clause ( ii) of sub -section ( 2) of section 133 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway labour and their functions. CHAPTER XV PENALTIES AND OFFENCES 137. Fraudulently travelling or attempting to travel without proper pass or ticket .(1) If any person, with intent to defraud a r ailway administration, (a) enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or (b) uses or attempts to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so used, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. 49 (2) The person referred to in sub -section ( 1) shall also be liable to pay the excess charge mentioned in sub-section ( 3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordin ary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined. (3) The excess charge referred to in sub -section ( 2) shall be a sum equal to the ordinary single fare referred to in that sub -section or 1[two hundred and fifty rupees] , whichever is more. (4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), the court convicting an of fender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months. 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond autho rised distance .(1) If any passenger, (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being mad e therefor under section 54, or (b) travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in sub -section ( 3) in addition to the ordinary single fare for th e distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been ex amined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined. (2) If any passenger, (a) travels or attempts to t ravel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; or (b) travels in or on a carriage beyond the place au thorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub -section ( 3). (3) The excess charge shall be a sum equal to the a mount payable under sub -section ( 1) or sub-section ( 2), as the case may be, or 1[two hundred and fifty rupees ], whichever is more: Provided that if the passenger has with him a certificate granted under sub -section ( 2) of section 55, no excess charge shall be payable. (4) If any passenger liable to pay the excess charge and the fare mentioned in sub -section ( 1), or the excess charge and any difference of fare mentioned in sub -section ( 2), fails or refuses to pay the same on a demand being made therefor under one or other of these sub -sections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, f or the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of eith er description for a term which may extend to one month but not less than ten days. (5) Any sum recovered under sub -section ( 4) shall, as and when it is recovered, be paid to the railway administration. 1. Subs. by Act 56 of 2003, s. 2, for fifty rupees (w.e.f. 1 -7-2004). 50 139. Power to remove persons .Any person failing or refusing to pay the fare and the excess charge referred to in section 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal: Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: Provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal sha ll be made only during the day. 140. Security for go od behaviour in certain cases .(1) When a court convicting a person of an offence under section 137 or section 138 finds that he has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to requir e that person to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, order him to execute a bond with or without sureties, for such amount and for such period not exceedi ng three years as it deems fit. (2) An order under sub -section ( 1) may also be made by an appellate court or by the High Court when exercising its powers of revision. 141. Needlessly interfering with mean s of communication in a train .If any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenger, without reasonable a nd sufficient cause, makes use of the alarm chain provided by a railway administration, such puni shment shall not be less than (a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months in ca se of conviction for the second or subsequent offence. 142. P enalty for transfer of tickets .(1) If any person not being a railway servant or an ag ent authorised in this behalf (a) sells or attempts to sell any ticket or any half of a return ticket; or (b) parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part. (2) If any person purchases a ny ticket referred to in clause ( a) of sub -section ( 1) or obtains the possession of any ticket referred to in clause ( b) of that sub -section from any person other than a railway servant or an agent authorised in this behalf, he shall be punishable with imp risonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 138: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the pu nishment under sub -section ( 1) or sub -section ( 2) shall not be less than a fine of two hundred and fifty rupees. 143. Penalty for unauthorised carrying on of business of procuring an d supplying of railway tickets .(1) If any person, not being a railway ser vant or an age nt authorised in this behalf, 51 (a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommoda tion for journey in a train; or (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells o r attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned i n the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees. (2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be puni shable with the same punishment as is provided for the offence. 144. Prohibition on hawking, etc., and begging .(1) If any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a rai lway, except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonm ent for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of one thousand rupees. (2) If any person begs in any rail way carriage or upon a railway station, he shall be liable for punishment as provided under sub -section ( 1). (3) Any person referred to in sub -section ( 1) or sub -section ( 2) may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid. 145. Drunkenness or nuisan ce.If any person in any railway carriage or upon any part of a railway (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses ab usive or obscene language; or (c) wilfully or without excuse interferes with any amenity p rovided by the railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such puni shment shall not be less than (a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction fo r second or subsequent offence. 146. Obstructing railway servant in h is duties .If any person wilfully obstructs or prevents any railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 147. Trespass and re fusal to desist from trespass .(1) If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to l eave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: 52 Provided that in the absence of special and adequate reasons to the contrary to be mentioned in th e judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) Any person referred to in sub -section ( 1) may be removed from the railway by any railway servant or by any other person whom such railw ay servant may call to his aid. 148. Penalty for making a false statement in an application for compensation .If in any application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three yea rs, or with fine, or with both. 149. Making a false claim for compensation .If any person requiring compensation from a railway administration for loss, destruction, damage, deterioration or non -delivery of any consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three yea rs, or with fin e, or with both. 150. Maliciously wrecking o r attempting to wreck a train .(1) Subject to the provisions of sub-section ( 2), if any person unlawfully, (a) puts or throws upon or across any railway, any wood, sto ne or other matter or thing; or (b) takes u p, removes, loosens or displaces any rail, sleeper or other matter or thin gs belonging to any railway; or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or (d) makes

(c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or (d) makes or shows, or hides or removes, any signal or light upon or near to any railway; or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent or with knowledge that he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, w here a person is punishable with rigorous imprisonment, such impris onment shall not be less than (a) three years, in the case of a convic tion for the first offence; and (b) seven years, in the case of conviction for th e second or subsequent offence. (2) If any person unlawfully does any act or thing referred to in any of the clauses of sub-section ( 1) (a) with intent to cause the death of any person and the doing of such act or thing cau ses the death of any person; or (b) with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life. 151. Damage to or destruction of certain railway properties .(1) If any person, with intent to cause, or knowing that he is likely to cause damage or destruction to any property of a railway referred to in sub -section ( 2), causes by fire, explosive substance or otherwise, damage to such property or destruction of such property, he shall be punishable with imprisonment for a term which may extend to five yea rs, or with fine, or with both. (2) The properties of a railway referred to in sub -section ( 1) are railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the Central Government being of the opinion that damage thereto or destructi on thereof is likely to endanger the operation of a railway, may, by notification, specify. 53 152. Maliciously hurting or attempting to hurt persons travelling by railway .If any person unlawfully throws or causes to fall or strike at against, into or upon a ny rolling stock forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years. 153. Endangering safety of persons travelling by railway by wilful act or omi ssion .If any person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishab le with imprisonment for a term which may extend to five years. 154. Endangering safety of persons travelling by railway by rash or negligent act or omission . If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one ye ar, or with fine, or with both. 155. Entering into a com partment reserved or resisting entry into a compartment not reserved . (1) If any passenger . (a) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or (b) having unauthorisedly occupied a berth or seat reserved by a railway administration fo r the use of another passenger, refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees. (2) If any passenger resists the lawful entry of another passenger into a compartment not reserved fo r the use of the passenger resisting, he shall be punishable with fine which ma y extend to two hundred rupees. 156. Travelling on ro of, step or engine of a train .If any passenger or any other person, after being warned by a railway servant to desist, pers ists in travelling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extend to three months, or with fine wh ich may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant. 157. Alteri ng or defacing pass or ticket .If any passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or w ith both. 158. Penalty for contravention of any of the provisions of Chapter XIV .Any person under whose authority any railway servant is employed in contravention of any of the provisions of Chapter XIV or of the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees. 159. Disobedience of drivers or conductors of vehicles to direc tions of railway servant, etc .If any driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fiv e hundred rupees, or with both. 160. Opening or b reaking a level crossing gate .(1) If any person, other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term w hich may extend to three years. 54 (2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years. 161. Negligently cro ssing unmanned level crossing .If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonmen t which may extend to one year. Explanation .For the purposes of this section, negligence in relation to any person driving or leading a vehicle in crossing an unma nned level crossing means the crossing of such level crossing by such person (a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approachin g rolling stock is in sight, or (b) even while an approac hing rolling stock is in sight. 162. Entering carriage or oth er place reserved for females .If a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of fe males, without lawful excuse, (a) enters such carriage, compartment, room or other place, or having entered such carriage, compartment, roo m or place, remains therein; or (b) occupies any such berth or seat having been required by a ny railway servant to vacate it, he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant. 163. Giving false account of goods .If any person required to furnish an account of goods under section 66, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prejudice to his liability to pay any freight or other charge und er any provision of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods. 164. Unlawfully bringing dangerous goods on a railway .If any person, in contravention of section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of brin ging such goods on the railway. 165. Unlawfully bringing offensive goods on a railway .If any person, in contravention of section 67, takes with him any offensive goods or entru sts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway . 166. Defacing public notices .If any pe rson without lawful authority (a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a r ailway or any rolling stock; or (b) obliterates or alters any letters or figures upon any such board or docu ment or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fiv e hundred rupees, or with both. 167. Smoking .(1) No person in any compartment of a train shall, if objected to by any other passenger in t hat compartment, smoke therein. (2) Notwithstanding anything contained in sub -section ( 1), a railway administration may prohibit smoking i n any train or part of a train. 55 (3) Wh osoever contravenes the provisions of sub -section ( 1) or sub -section ( 2) shall be punishable with fine which ma y extend to one hundred rupees. 168. Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway .(1) If a person under the age of twelve years is guilty of any of the offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court ma y fix, a bond for such amount and for such period as the court may direct for t he good conduct of such person. (2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself. (3) If a father or guardian f ails to execute a bond under sub -section ( 1) within the time fixed by the court, he shall be punishable with fine wh ich may extend to fifty rupees. 169. Levy of pena lty on non -Government railway .If a non -Government railway fails to comply with, any requis ition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to the Central Government, by order, to levy a penalty not exceeding t wo hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during whi ch the contravention continues: Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit. 170. Recovery of penalty .Any penalty imposed by the Central Government under section 169, shall be recoverable by a suit in the District Court having jurisdiction in the place where the h ead office of the non -Government railway is situated. 171. Section 169 or 170 not to preclude Central Governmen t from taking any other action . Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to compel a non -Government railway to discharge any obligation impose d upon it by or under this Act. 172. Penalty for intoxicat ion.If any railway servant is in a state of intoxication while on duty, he shall be punishable with fine which may extend to five hundred rupees and when the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one ye ar, or with fine , or with both. 173. Abandoning t rain, etc., without authority .If any railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place without authority or without properly handing over such train or rolling stock to another authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees , or with both. 174. Obst ructing running of train, etc .If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruc t any train or other rolli ng stock upon a railway, (a) by squatting or picketing or during any rail roko agitation or bandh ; or (b) by keeping without authority any r olling stock on the railway; or (c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. 175. Endange ring the safe ty of persons .If any railway servant, when on duty, endan gers the safety of any person (a) by disobeying a ny rule made under this Act; or 56 (b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; or (c) by any rash or negligent act or omission, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. 176. Obstructing leve l crossing .If any railway servant unne cessarily (a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or (b) keeps a level cros sing closed against the public, he shall be punishable with fine which ma y extend to one hundred rupees.

keeps a level cros sing closed against the public, he shall be punishable with fine which ma y extend to one hundred rupees. 177. False returns .If any railway servant required to furnish a return by or under this Act, signs and furnishes a return which is false in any material particular or which he knows or believes to be false, or does not believe to be true, he shall be punishabl e with imprisonment which may extend to one year, or with fine which may extend to fiv e hundred rupees, or with both. 178. Making a false report by a railway servant .If any railway servant who is required by a railway administration to inquire into a clai m for loss, destruction, damage, deterioration or non -delivery of any consignment makes a report which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend t o two years, or with fine which may extend to one thousand rupees, or with both. 1[179. Arrest for of fences under certain sections .(1) If any person commits any offence mentioned in sections 150 to 152, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank of a head constable. (2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the Central Government. (3) The railway servant or the police officer or the office r authorised, as the case may be, may call to his aid any other person to effect the arrest under sub -section ( 1) or sub -section ( 2), as the case may be. (4) Any person so arrested under this section shall be produced before the nearest Magist rate within a period of twenty -four hours of such arrest excluding the time necessary for the journey from the place of arrest t o the court of the Magistrate.] 180. Arrest of persons likely to abscond, e tc.(1) If any person who commits any offence under this Act, other than an offence mentioned in 2[sub-section (2) of section 179], or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, 3[the officer author ised] may arrest him withou t warrant or written authority. (2) 4[The officer authorised] may call to his aid any other person to effect th e arrest under sub-section ( 1). (3) Any person arrested under this section shall be produced before the nearest Magis trate within a period of twenty -four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate u nless he is released earlier on giving bail or if his true name and address are ascertained on e xecuting a bond without sureties for his appearance before the Magistrate having jurisdict ion to try him for the offence. (4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the giving of bail and the execution of bonds under this se ction. 1. Subs. by Act 51 of 2003, s. 3, for section 179 (w.e.f. 1 -7-2004). 2. Subs. by s. 4, ibid., for section 179 (w.e.f. 1-7-2004). 3. Subs. by s. 4, ibid., for certain words (we.f. 1 -7-2004). 4. Subs. by s. 4, ibid., for The railway servant or the police officer (w.e.f. 1 -7-2004). 57 1[180A. Inquiry by officer authorised to as certain commission of offence .For ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub -section ( 2) of section 179 and may file a complaint in the competent court if the offence i s found to have been committed. 180B. Powers of officer authorised to inquire .While making an inquiry, the officer authorised shall have power to, (i) summon and enforce the attendance of any person and record his statement; (ii) require the discovery and production of any document; (iii) requisition any public record or copy thereof from any office, authority or person; (iv) enter and search any premises or person and seize any property or document which may be relevant to the subject -matter of the inquiry. 180C. Disposal of persons arrested .Every person arrested for an offence punishable under sub-section ( 2) of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer. 180D. Inquiry how to b e made against arrested person .(1) When any person is arrested by the officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the charge against such person. (2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the offic er in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case: Provided that (a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; (b) if it appears to the officer authorised that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his execut ing a bond, with or without sureties as the officer authorised may direct, to appear, if and when so required, before the Magistrate having jurisdiction. 180E. Search, seiz ure and arrest how to be made .All searches, seizures and arrests made under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), relating respectively to searches and arrests made under that Code. 180F. Cognizance by Court on a complai nt made by officer authorised .No court shall take cognizance of an offence mentioned in sub -section ( 2) of section 179 except on a complaint made by the officer authorised. 180G. Punishment for certain of fences in relation to inquiry .Whoever intentionally insults or causes any interruption in the inquiry proceedings or deliberately makes a false statement before the inquiring o fficer shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] 181. Magistrate havi ng jurisdiction under the Act .Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under this Act. 182. Place of trial .(1) Any person committing an offence under this Act o r any rule made thereunder shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any l aw for the time being in force. 1. Ins. by Act 51 of 2003, s. 5 (w.e.f. 1 -7-2004). 58 (2) Every notification under sub -section ( 1) shall be published in the Official Gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as t he State Government may direct. CHAPTER XVI MISCELLANEOUS 183. Power to pro vide other transport services .(1) A railway administration may, for the purpose of facilitating the carriage of passengers or goods or to provide integrated service for such carriage, provi de any other mode of transport. (2) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to the carriage of passengers or goods by the mode of transport referred to in sub-section ( 1). 184. Taxation on railway s by local authorities .(1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification. (2) While a notification of th e Central Government under sub -section ( 1) is in force, the railway administration shall be liable to pay to the local authority either th e tax specified in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the Central Government may, having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable. (3) The Central Government may at any time revoke or vary a notification issued under sub-section ( 1). (4) Nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration. 185. Taxation on railways for advertisement .(1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax to any local authority in respect of any advertisement made on any part of the railway unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification. (2) The Central Gove rnment may at any time revoke or vary a notification issued under sub-section ( 1). 186. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie against the Central Government, any railway administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any r ules or orders made thereunder. 187. Restriction on exceu tion against railway property .(1) No rolling stock, machinery, pl ant, tools, fittings, materials or effects used or provided by a railway administration for the purpose of traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause property to be taken in execution, without the previous sanc tion of the Central Government. (2) Nothing in sub -section ( 1) shall be construed to affect the au thority of any court to attach the earnings of a railway in execution of a decree or order. 188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code (45 of 1860) .(1) Any railway servant, who is not a public servant within the meaning of secti on 21 of the Indian Penal Code (45 of 1860) , shall be deemed to be a public servant for the purposes of Chapter I X and section 409 of that Code. 59 (2) In the definition of legal remuneration in section 161 of the Indian Penal Code (45 of 1860 ), the word Government shall, for the purposes of sub -section ( 1), be deemed to include any employe r of a railway servant as such. 189. Railway se rvants not to engage in trade .A railway servant shall not (a) purchase or bid for, either in person or by an agent, in his own name or in that of another, or jointly or in shares with others, any property put to auction under section 83 or section 84 or section 85 or section 90; or (b) in contravention of any direc tion of the railway administration in this behalf, engage in trade. 190. Procedure for delivery to railway administration of property detained by a railway servant .If a railway servant is discharged from service or is suspended, or dies or absconds or abs ents himself, and he or his wife or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person appointed by the railway administration, in this behalf, any station, office or other building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the first class may, on application made by or on behalf of the railway administration, order any police officer, with proper assistance, to enter upon the station, office or ot her building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf. 191. Proof of ent ries in records and documents .Entries made in the records or other documents of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature an d stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the railway administration in his possess ion. 192. Service of notice, et c., on railway administration .Any notice or other document required or authorised by this Act to be served on a railway administration may be served, in the case of a Zonal Railway, on the General Manager or any of the railway servant authorised by the General Manager, and in the case of any other r ailway, on the owner or lessee of the railway or the person working t he railway under an agreement (a) by delivering it to him; or (b) by leaving it at his office; or (c) by registe red post to his office address. 193. Service of notice, e tc., by railway administration .Unless otherwise provided in this Act or the rules framed thereunder, any notice or other document required or authorised by this Act to be served

otherwise provided in this Act or the rules framed thereunder, any notice or other document required or authorised by this Act to be served on any person by a railway administration may be served (a) by delivering it to the person; or (b) by leaving it at the usual or last known place of abode o f the person; or (c) by registered post addressed to the person at his usua l or last known place of abode. 194. Presumption where notice is served by post .Where a notice or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was pro perty addressed and registered. 195. Representat ion of railway administration .(1) A railway administration may, by order in writing, authorise any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court. 60 (2) A person authorised by a railway administra tion to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without th e permission of the Magistrate. 196. Po wer to exempt railway f rom Act .(1) The Central Government may, by notification, exempt any railway from all or any of the provisions of this Act. (2) Every notification issued under sub-section ( 1) shall be laid as soon as may be after it is issued before each House of Parliame nt. 197. Matters supplemental to the definitions of railway and railway servant .(1) For the purposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word railway whether it occurs alone or as a prefix to another word, has reference to a railway or portion of a railway under construction and to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as well as to a railway falling within the definition of that word in clause (31) of section 2. (2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression railway servant includes a person employed under a railway in connection with the service thereof by a person fulfilling a contract with the r ailway administration. 198. General power to make rules .Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this Act. 199. Rules to be laid before Parliament .Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or m ore successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 200. Repeal and saving .(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed. (2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act) (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or f ine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corres ponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub -section ( 1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway a dministration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisi ons of Chapter VII of this Act. (3) The mention of particular matters in sub -section ( 2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.

THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 ACT NO. 37 OF 1967 [30th December, 1967 .] An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations 1[, and for dealing with terrorist activities ,] and for matters connected therewith. 2[WHEREAS the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism; AND WHEREAS Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the Security Council of the United Nations require the States to take action against certain terror ists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule; AND WHEREAS the Central Government, in exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947) has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007; AND WHEREAS it is considered necessary to give effect to the said Resolutions and the Order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto.] BE it enacted by Parliament in the Eighteenth Year of t he Republic of India as follows : CHAPTER I PRELIMINARY 3[1. Short title , extent and application .(1) This Act may be called the U nlawful Activities (Prevention) Act, 1967 (37 of 1967) . (2) It extends to the whole of India . (3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India. (4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India. (5) The provi sions of this Act apply also to (a) citizens of India outside India; (b) persons in the service of the Government, wherever they may be; and (c) persons on ships and aircrafts, registered in India, wherever they may be. 2. Definitions .(1) In this Act, unless the context otherwise requires, (a) association means any combination or body of individuals; (b) cession of a part of the territory of India includes admission of the claim of any f oreign country to any such part ; 1. Ins. by Act 29 of 2004, s. 2 (w.e.f. 21 -9-2004). 2. Ins. by Act 35 of 2008, s. 2 (w.e.f. 31 -12-2008). 3. Subs. by Act 29 of 2004, s. 4, for section s 1, 2, 2A (w.e.f 21 -9-2004). 5 (c) Code means the Code of Criminal Procedure, 1973(2 of 1974); (d) court means a criminal court having jurisdiction, under the Code, to try offences under this Act 1[and includes a Special Court constituted under section 11 or under 2[section 22] of the National Investigation Agency Act, 2008] ; (e) Designated Authority means such officer of the Central Government not below the rank of Joint Secretary to that Government, or such officer of the State Government not below the rank of Secretary to that Government, as the case may be, as may be specified by the Central Gover nment or the State Government, by notification pu blished in the Official Gazette ; 3[(ea) economic security includes financial, monetary and fiscal stability, security of means of production and distribution, food security, livelihood security, energy sec urity, ecological and environmental security;] 1[4[(eb)] Order means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as may be amended from time to time;] 2[(ec) person includes (i) an individual, (ii) a company, (iii) a firm, (iv) an organisation or an association of persons or a body of individuals, whether incorporated or not, (v) every artificial juridical person, not falling within any of the preceding sub -clauses, and (vi) any agen cy, office or branch owned or controlled by any person falling within any of the preceding sub -clauses;] (f) prescribed means prescribed by rules made under this Act; 5[(g) proceeds of terrorism means, (i) all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found; or (ii) any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terrorist gang or a terrorist organisation. Explanation .For the purposes of this Act, it is hereby declared that the expression proceeds of terrorism includes any property intended to be used for terrorism;] 6[(h) property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and 7[instruments in any form including but not limited to] electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired; (ha) Schedule means 8[a Schedule] to this Act;] 1. Ins. by Act 35 of 2008, s. 3 (w.e.f. 31-12-2008). 2. Subs. by Act 28 of 2019, s. 2 for section 21 (w.e.f. 14 -8-2019). 3. Ins. by Act 3 of 2013, s. 2 (w.e.f. 1 -2-2013). 4. Clause ( ea) renumbered clause ( eb) thereof by s. 2, ibid. (w.e.f. 1 -2-2013). 5. Subs. by s. 2, ibid., for clause ( g) (w.e.f. 1 -2-2013). 6. Subs. by Act 35 of 2008, s. 3, for clause ( h) (w.e.f. 31 -12-2008). 7. Subs. by Act 3 of 2013, s. 2, for instruments in any form including (w.e.f. 1 -2-2013). 8. Subs. by Act 28 of 2019, s. 2 for the Schedul e (w.e.f. 14 -8-2019). 6 (i) secession of a part of the territory of India from the Union includes the assertion of any claim to determine whether such part will remain a part of the territory of India; (j) State Government , in relation to a Union territory, means the Administrator thereof; (k) terrorist act has the meaning assigned to it in section 15, and the expressions terrorism and terrorist shall be construed accordingly; (l) terrorist gang means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act; (m) terrorist organisation means an organisation listed in the 1[First Schedule ] or an organisation operating under the same name as an organisation so listed; (n) Tribunal means the Tribunal constituted under section 5; (o) unlawful ac tivity , in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India ; or (iii) which causes or is intended to cause disaffection against India; (p) unlawful association means any association, (i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is pu nishable under section 153A (45 of 1860) or section 153B of the Indian Penal Code, or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity: Provided that nothing contained in sub -clause ( ii) shall apply to the State of Jammu and Kashmir; (q) words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code. (2) Any reference in this Act to any enactment or any provi sion thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. ] CHAPTER II UNLAWFUL ASSOCIATION S 3. Declaration of an association as unlawful .(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful. (2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary: Provided that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against the public interest to disclose. (3) No such notification shall have effect until the Tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the Official Gazette: 1. Subs. by Act 28 of 2019, s. 2 for Schedule (w.e.f. 14 -8-2019). 7 Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful w ith immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the Official Gazette. (4) Every such notification shall, in addition to its publication in the Official Gazette, be published in not less than one daily newspaper having circulation in the State in which the principal office, if any, of the association affected is situated, and shall also be served on suc h association in such manner as the Central Government may think fit and all or any of the following modes may be followed in effecting such service, namely : (a) by affixing a copy of the notification to some conspicuous part of the office, if any , of the association; or (b) by serving a copy of the notification, where possible, on the principal office -bearers, if any , of the association; or (c) by proclaiming by beat of drum or by means of loudspeakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on; or (d) in such other manner as may be prescribed. 4. Reference to Tribunal .(1) Where any association has been declared unlawful by a notification issued under sub-section ( 1) of section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful. (2) On receipt of a reference under sub-section ( 1), the Tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful. (3) After considering the cause, if any, shown by the association or the office -bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for such further information as it may consider necessary from the Central Government or from any office -bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiousl y as possible and in any case within a period of six months from the date of the issue of the notification under sub-section ( 1) of section 3, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same. (4) The order of the Tribunal made under sub-section ( 3) shall be published in the Official Gazette. 5. Tribunal .(1) The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a tribunal to be known as the Unlawful Activities (Prevention) Tribunal consisting of one person, to be appo inted by the Central Government : Provided that no person shall be so appointed unless he is a Judge of a High Court. (2) If, for any reason, a vacancy (other than a temporary ab sence) occurs in the office of the presiding officer of the Tribunal, then, the Central Government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (3) The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.

The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act. (4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India. (5) Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which i t will hold its sittings. 8 (6) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect o f the following matters, namely : (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses. (7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 an d 228 of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed to be a civil court for the purposes of section 195 and 1[Chapter XXVI] of the 2[Code]. 6. Period of operation and cancellation of notification .(1) Subject to the provisions of sub- section ( 2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under section 4, remain in force for a period of 3[five years] from the date on which the notification becomes effective. (2) Notwithstanding anything contained in sub -section ( 1), the Central Government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification issued under section 3 , whether or not the declar ation made therein has been confirmed by the Tribunal. 7. Power to prohibit the use of funds of an unlawful association .(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub - section (3) of that section and the Central Government is satisfied, after such inquiry as it may think it, that any person has custody of any moneys, securities or credits which are being used or are intended to be used for the purpose of the unlawful associat ion, the Central Government may, by order in writing , prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which may come into his custody after the making of the order , save in accordance with the written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in the manner specified in sub -section ( 3). (2) The Central Government may endorse a copy of the prohibitory order made under sub -section ( 1) for investigation to any gazette officer of the Government it may select, and such copy shall be a warrant where under such officer may enter in or upon any premises of the p erson to whom the order is directed, examine the books of such person, search for moneys, securities or credits, and make inquiries from such person or any officer, agent or servant of such person, touching the origin of any dealings in any moneys, securit ies or credits which the investigating officer may suspect are being used or are intended to be used for the purpose of the unlawful association. (3) A copy of an order made under this section shall be served in the manner provided in the 2[Code], for the service of a summons, or where the person to be served is a corporation, company, bank or other association, it shall be served on any secretary, director or other officer or person concerned with the management thereof , or by leaving it or sending it by p ost addressed to the corporation, company, bank or other association at its registered office, or where there is no registered office, at the place where it carries on business. (4) Any person aggrieved by a prohibitory order made under sub -section ( 1) may , within fifteen days from the date of the service of such order, make an application to the Court of the District Judge within the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally 1. Subs. by Act 29 of 2004, s. 5, for Chapter XXXV (w.e.f. 21 -9-2004). 2. Subs. by s. 3, ibid., for Code of Criminal Procedure, 1898 (5 of 1898) (w.e.f. 21 -9-2004). 3. Subs. by Act 3 of 2013, s. 3, for two years (w.e.f. 1 -2-2013). 9 works for gain, to e stablish that the moneys, securities or credits in respect of which the prohibitory order has been made are not being used or are not intended to be used for the purpose of the unlawful association and the Court of the District Judge shall decide the quest ion. (5) Except so far as is necessary for the purposes of any proceedings under this section, no information obtained in the course of any investigation made under sub -section ( 2) shall be divulged by any gazette officer of the Government, without the consent of the Central Government. (6) In this section, security includes a document whereby any person acknowledges that he is under a legal liability to pay money, or where under any person obtains a legal right to the payment of money. 8. Power to not ify places used for the purpose of an unlawful association .(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub -section ( 3) of that section, the Central Government may, by notification in the Official Gazette, notify any place which in its opinion is used for the purpose of such unlawful association. Explanation. For the purposes of this sub -section, place includes a house or building , or part thereof, or a tent or vessel. (2) On the issue of a notification under sub -section ( 1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable prop erties (other than wearing -apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food -stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses. (3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate. (4) The District Magistrate may thereupon make an order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the Distric t Magistrate, enter, or be on or in, the notified place : Provided that nothing in this sub -section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification. (5) Where in pursuance of sub -sectio n (4), any person is granted permission to enter, or to be on or in, the notified place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the District Magistrate. (6) Any police officer, not below the rank of a sub -inspector, or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in , the notified place and may detain any such person f or the purpose of sea rching him: Provided that no female shall be searched in pursuance of this sub -section except by a female. (7) If any person is in the notified place in contravention of an order made under sub -section ( 4), then, without prejudice to a ny other proceedings which may be taken against him, he may be removed therefrom by any officer or by any other person authorised in this behalf by the Central Government. (8) Any person aggrieved by a notification issued in respect of a place under sub -section ( 1) or by an order made under sub -section ( 3) or sub -section ( 4) may, within thirty days from the date of the notification or order, as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdict ion such notified place is situate (a) for declaration that the place has not been used for the purpose of the unlawful association; or (b) for setting aside the order made under sub -section ( 3) or sub -section ( 4), and on receipt of the application the Co urt of the District Judge shall, after giving the parties an opportunity of being heard, decide the question. 10 9. Procedure to be followed in the disposal of applications under this Act .Subject to any rules that may be made under this Act, the procedure to be followed by the Tribunal in holding any inquiry under sub -section ( 3) of section 4 or by a Court of the District Judge in disposing of any application under sub-section ( 4) of section 7 or sub -section ( 8) of section 8 shall, so far as may be, be the pr ocedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) , for the investigation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final. CHAPTER III OFFENCES AND PENALTIES 1[10. Penalty for being member of an unlawful association , etc.Where an association is declared unlawful by a notification issued under section 3 which has become effective under s ub-section ( 3) of that section, (a) a person, who (i) is and continues to be a member of such association; or (ii) takes part in meetings of such association; or (iii) contributes to, or receives or solicits any contribution for the purpose of, such association; or (iv) in any way assists the operations of such association, shall be punisha ble with imprisonment for a term which may extend to two years, and shall also be liable to fine; and (b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such ass ociation and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or caus es sign ificant damage to any property, (i) and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine; (ii) in any other case, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life , and shall also be liable to fine.] 11. Penalty for dealing with funds of an unlawful association .If any person on whom a prohibitory order has been served under sub -section ( 1) of section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibi tory order, he shall be punishable with imprisonment for a term which may extend to three years, or with fine , or with both, and notwithstanding anything contained in the2[Code ], the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit. 12. Penalty for contravention of an order made in respect of a notified place .(1) Whoever uses any article in contravention of a prohibitory order in respect thereof made under sub -section ( 3) of section 8 shall be punishable with imprisonment for a term which may extend to one year, an d shall also be liable to fine. (2) Whoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under sub -section ( 4) of section 8 shall be punishable with imprisonment for a term wh ich may extend to one year, and shall also be liable to fine. 1. Subs. by Act 29 of 2004, s. 6, for section 10 (w.e.f. 21 -9-2004). 2. Subs. by s. 3, ibid., for C ode of Criminal Procedure, 1898 (5 of 1898) (w.e.f. 21 -9-2004). 11 13. Punishment for unlawful activities .(1) Whoever (a) takes part in or commits, or (b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine. (2) Whoever, in any way, assists any unlawful activity of any association , declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub -section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. (3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations there for carried on by any person authorised in this behalf by the Government of India. 14. Offences to be cognizable .Notwithstanding anything contained in the 1[Code], an offence punishable under this Act shall be cognizable. 2[CHAPTER IV PUNISHMENT FOR TERRORIST ACTIVITIES 3[15. Terrorist act .4[(1)] Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security 5[, economic security,] or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country, (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other ch emicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a ha

ious gases or other ch emicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause (i) death of, or injuries to, any person or persons; or (ii) loss of, or d amage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or 5[(iiia) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material; or] (iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or (c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or 6[an international or inter -governmental organisation or any other person to do or abstain from doing any act; or] commits a terrorist act. 7[Explanation .For the purpose of this sub -section, 1. Subs. by Act 29 of 2004, s. 3, for Code of Criminal Procedure, 1898 (5 of 1898) (w.e.f. 21 -9-2004). 2. Subs. by s. 7, ibid., for Chapter IV (w.e.f. 21 -9-2004). 3. Subs. by Act 35 of 2008, s. 4, for section 15 (w.e.f. 31 -12-2008). 4. Section 15 r enumbered as sub -section ( 1) thereof by Act 3 of 2013 , s. 4 (w.e.f. 1 -2-2013 ). 5. Ins. by s. 4 , ibid. (w.e.f. 1 -2-2013). 6. Subs. by s. 4, ibid., for any other person to do or abstain from doing any act, ( w.e.f. 1 -2-2013). 7. Subs. by s. 4, ibid., for the Explanation (w.e.f. 1 -2-2013). 12 (a) public functionary means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) high quality counterfeit Indian currency means the counterfeit currency as may be declared after examination by an authorised or notified forensi c authority that such currency imitates or compromises with the key security features as specified in the Third Schedule.] 1[(2) The terrorist act includes an act which constitutes an offence within the scope of , and as defined in any of the treaties specified in the Second Schedule.] 16. Punishment for terrorist act.(1) Whoever commits a terrorist act shall, (a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 16A. [Punishment for making demands of radioactive substances, nuclear devices, etc .] Omitted by the Unlawful Activities (Prevention) Amendment (Repealing and Amending ) Act 2013 (3 of 2013 ), s. 5 (w.e.f. 1-2-2013 ). 2[17. Punishment for raising funds for terrorist act.Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act , notwithstanding whether s uch funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. Explanation. For the purpose of this section, (a) participating, organising or directing in any of the acts stated therein shall constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of h igh quality counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section 15 shall also be construed as an offence.] 18. Punishment for conspiracy, etc. Whoever conspires or attempts to commit, or advocates, abets, advises or 3[incites , directly or knowingly facilitates] the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 4[18A. Punishment for organi sing of terrorist camps .Whoever organises or causes to be organised any camp or camps for imparting training in terrorism shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be li able to fine. 18B. Punishment for recruiting of any person or persons for terrorist act .Whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.] 1. Ins. by Act 3 of 2013, s. 4 (w.e.f. 1 -2-2013). 2. Subs. by s. 6, ibid., for section 17 (w.e.f. 1 -2-2013). 3. Subs. by Act 35 of 2008, s. 7, for incites or knowingly facilitates (w.e.f. 31 -12-2008). 4. Ins. by s. 8, ibid. (w.e.f. 31 -12-2008). 13 19. Punishment for harbouring, etc. Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: Provided that this sec tion shall not apply to any case in which the harbour or concealment is by the spouse of the offender. 20. Punishment for being member of terrorist gang or organisation .Any person who is a member of a terrorist gang or a terrorist organisation, which is i nvolved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. 21. Punishment for holding proceeds of terrorism .Whoever knowingly holds any property derived or obtain ed from commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. 22. Punishment for threatening witness .Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine. 1[22A. Offences by companies .(1) Where an offence under this Act has been committed by a company, every person (including promoters of the company) who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and s hall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person (including promoters) liable to any punishment provided in this Act, if he proves that the offence was committ ed without his knowledge or that he had exercised reasonable care to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a company and it is proved that th e offence has been committed with the consent or connivance of, or is attributable to, any neglect on the pa rt of, any promoter, director, manager, secretary or other officer of the company, such promoter, director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordi ngly. Explanation. For the purposes of this section, (a) company means any body corporate and includes a firm or other association of individuals; and (b) director , in relation to a firm, means a partner in the firm. 22B. Offences by societies or trusts .(1) Where an offence under this Act has been committed by a society or trust, every person (including the promoter of society or settlor of the trust) who at the time the offence was committed was in charge of, and was res ponsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised reasonable care to prevent the commission of such offen ce. (2) Notwithstanding anything contained in sub -section ( 1), where any offence under this Act has been committed by a society or trust and it is proved that the offence has been committed with the consent or 1. Ins. by Act 3 of 2013, s. 7 (w.e.f . 1-2-2013 ). 14 connivance of, or is attributable to, any negl ect on the part of any promoter, director, manager, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purpose of this section, (a) society means any body corporate registered under the Societies Registration Act, 1860 (21 of 1860) or any other State Act governing the registration of societies; (b) trust means any body registered under the Indian Trusts Act, 1882 (2 of 1882) or any other State Act governing the registration of trusts; (c) director , in relation to a society or trust, means a member of its governing board other than an ex officio member representing the interests of the Central or State Government or the appropriate statutory authority.] 22C. Punishment for offences by companies, societies or trusts .Where any offence under the Act has been committed by a company or a society or a trust, as the case may be, every person (including promoter of company or trust or settlor of the trust) who at the time of the offence was either in charge or responsible for the conduct of the business shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable with fine which shall not be less than five crore rupees and which may extend to ten crore rupees.] 23. Enhanced penalties .(1) 1[If any person with intent to aid any terrorist or terrorist organisation or a terrorist gang contravenes] any provision of, or any rule made under the Explosives Act, 1884(4 of 1884) or the Explosive Substances Act, 1908(6 of 1908) or the Inflammable Subs tances Act, 1952(20 of 1952) or the Arms Act, 1959(54 of 1959), or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or 2[chemical substance of warfare or high quality counterfeit Indian currency, he shall], notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (2) 3[Any person who with the intent to aid any terrorist , or a terrorist o rganisation or a terrorist gang ], attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub -section ( 1), shall be deemed to have contravened that provision under sub-section ( 1) and the provisions of that sub -section in relation to such person, have effect subject to the modification that the ref erence to imprisonment for life therein shall be construed as a reference to imprisonment for ten years . CHAPTER V FORFEITURE OF PROCEEDS OF TERRORISM 4[OR ANY PROPERTY INTENDED TO BE USED FOR TERRORISM ] 5[24. Reference to proceeds of terrorism to include any property intended to be used for terrorism .In this Chapter, unless the context otherwise requires, all references to proceeds of terrorism shall include any property int ended to be used for terrorism. 24A. Forfeiture of proceeds of terrorism .(1) No person shall hold or be in possession of any proceeds of terrorism. (2) Proceeds of terrorism, whether held by a terrorist organisation or terrorist gang or by

proceeds of terrorism. (2) Proceeds of terrorism, whether held by a terrorist organisation or terrorist gang or by any other person and whether or not such terrorist or other person is prosecuted or con victed for any offence under 1. Subs. by Act 35 of 2008, s. 9, for If any person with intent to aid any terrorist contravenes (w.e.f. 31 -12-2008). 2. Subs. by Act 3 of 2013, s. 8, for chemical substance of warfare, he shall (w.e.f. 1-2-2013). 3. Subs. by Ac t 35 of 2008, s. 9, for Any person who, with the intent to aid any terrorist (w.e.f. 31 -12-2008). 4. Ins. by Act 3 of 2013, s. 9 (w.e.f. 1-2-2013). 5. Subs. by s. 10, ibid., for section 24 (w.e.f. 1-2-2013). 15 Chapter IV or Chapter VI , shall be liable to be forfeited to the Central Government or the State Government, as the case may be, in the manner provided under this Chapter. (3) Where proceedings have been commenced under this se ction, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to, or, the value of the proceeds of terrorism involved in the offence.] 25. Powers of investigating officer and Designated Authority and appeal against order of Designated Authority .(1) If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terro rism, he shall, with the prior approval in writing of the Director General of the Police of the State 1[in which such property is situated, or where the investigation is conducted by an officer of the National Investigation Agency, with the prior approval of the Director General of National Investigation Agency, make an order] seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned. (2) The investigating officer shal l duly inform the Designated Authority within forty -eight hours of the seizure or attachment of such property. (3) The Designated Authority before whom the seized or attached property is produced shall either confirm or revoke the order of seizure or attachment so issued within a period of sixty days from the date of such production: Provided that an opportunity of making a representation by the person whose property is being seized or attached shall be given. (4) In the case of immovable property atta ched by the investigating officer, it shall be deemed to have been produced before the Designated Authority, when the investigating officer notifies his report and places it at the disposal of the Designated Authority. (5) The investigating officer may sei ze and detain any cash to which this Chapter applies if he has reasonable grounds for suspecting that (a) it is intended to be used for the purposes of terrorism; or (b) it forms the whole or part of the resource s of a terrorist organisation: Provided tha t the cash seized under this sub -section by the investigating officer shall be released within a period of forty -eight hours beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such Authorit y passes an order allowing its retention beyond forty -eight hours. Explanation. For the purposes of this sub -section, cash means (a) coins or notes in any currency; (b) postal orders; (c) traveller scheques; 2[(ca) credit or debit cards or cards that serve a similar purpose;] (d) banker s drafts; and (e) such other monetary instruments as the Central Government or, as the case may be, the State Government may specify by an order made in writing. 1. Subs. by Act 28 of 2019, s. 3, for in which such property is situated, make an order (w.e.f. 14 -8-2019) 2. Ins. by Act 35 of 2008, s. 11 (w.e.f. 31 -12-2008). 16 (6) Any person aggrieved by an order made by the Designat ed Authority may prefer an appeal to the court within a period of thirty days from the date of receipt of the order, and the court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property. 26. Court to order forfeiture of proceeds of terrorism .Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the court confirms the order in this regard under sub -section ( 6) of section 25, it may order forfeitu re of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a court for an offence under Chapter IV or Chapter VI. 27. Issue of show cause notice before forfeiture of proceeds of terrorism .(1) No order f orfeiting any proceeds of terrorism shall be made under section 26 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such p erson is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter. (2) No order of for feiture shall be made under sub -section ( 1), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism. (3) It shall be competent for the court to make an order in respect of property seized or attached, (a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale; (b) nominating any officer of the Central Government or the State Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the court. 28. Appeal .(1) Any person aggrieved by an order o f forfeiture under section 26 may, within one month from the date of the receipt of such order, appeal to the High Court within whose jurisdiction, the court, which passed the order appealed against, is situated. (2) Where an order under section 26 is modified or annulled by the High Court or where in a prosecution instituted for any offence under Chapter IV or Chapter VI, the person against whom an order of forfeiture has been made under section 26 is acquitted, such property shall be returned to him a nd in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Central Government with reasonable interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed. 29. Order of forfeiture not to Interfere with other punishments .The order of forfeiture made under this Chapter by the court, shall not prevent the infliction of any other punishmen t to which the person affected thereby is liable under Chapter IV or Chapter VI. 30. Claims by third party.(1) Where any claim is preferred or any objection is made to the seizure or attachment of any property under section 25 on the ground that such prop erty is not liable to seizure or attachment, the Designated Authority before whom such property is produced, shall proceed to investigate the claim or objection: Provided that no such investigation shall be made where the Designated Authority considers that the claim or objection is designed to cause unnecessary delay. (2) Where an appeal has been preferred under sub -section (6) of section 25 and any claimant or objector establishes that the property specified in the notice issued under section 27 is not liable to be forfeited under this Chapter, the said notice shall be withdrawn or modified accordingly. 31. Powers of Designated Authority .The Designated Authority, acting under the provisions of this Chapter, shall have all the powers of a civil court re quired for making a full and fair inquiry into the matter before it. 17 32. Certain transfers to be null and void.Where, after the issue of an order under section 25 or issue of a notice under section 27, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void. 33. Forfeiture of property of certain persons .(1) Where any person is accused of an offence under Chapter IV or Chapter VI, it shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attache d, if not already attached under this Chapter. (2) Where a person has been convicted of any offence punishable under Chapter IV or Chapter VI, the court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Central Government or the State Government, as the case may be, free from all encumbrances. 1[(3) Where any person is accused of an offence concerning hig h quality counterfeit Indian currency, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to the value of such high quality counterfeit Indian currency involved in the offence including the face value of such currency which are not defined to be of high quality, but are part of the common seizure along with the high quality counterfeit Indian currency. (4) Where a person is accused of an offence punishable under Chapter IV or Chapter VI, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to or the value of the proceeds of terrorism involved in the offence. (5) Where any person is accused of an offence under Chapter IV or Chapter VI, it shall be ope n to the court to pass an order that all or any of the property, movable or immovable or both, belonging to him shall, where the trial under the Act cannot be concluded on account of the death of the accused or being declared a proclaimed offender or for a ny other reason, be confiscated on the basis of material evidence produced before the court.] 34. Company to transfer shares to Government .Where any share in a company stand forfeited to the Central Government or the State Government, as the case may be, under this Chapter, then, the company shall, on receipt of the order of the court, notwithstanding anything contai ned in the Companies Act, 1956 ( 1 of 1956), or the articles of association of the company, forthwith register the Central Government or the State Government, as the case may be, as the transferee of such share. CHAPTER VI 2[TERRORIST ORGANISATIONS AND INDIVIDUALS] 35. Amendment of Schedule, etc. (1) The Central Government may, by 3[notification], in the Official Gazette, (a) add an organisation to the 4[First Schedule] 5[or the name of an individual in the Fourth Schedule] ; (b) add also an organisation to the 4[First Schedule], which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations, 5[or the name of an individual in the Fourth Schedule], to combat international terrorism; (c) remove an organisation from the 4[First Schedule] 5[or the name of an individual from the Fourth Schedule]; (d) amend the 4[First Schedule] 5[or the Fourth Schedule] in some other way. 1. Ins. by Act 3 of 2013, s. 11 (w.e.f . 1-2-2013). 2. Subs. by 28 of 2019, s. 4 for TERRORIST ORGANISATIONS (w.e.f. 14 -8-2019). 3. Subs. by Act 3 of 2013 s. 12, for order (w.e.f. 1 -2-2013). 4. Subs. by s. 12, ibid., for Schedule (w.e.f. 1 -2-2013). 5. Ins. by Act 28 of 2019 s. 5 (w.e.f. 14 -8-2019). 18 (2) The Central Government shall exercise its power under clause ( a) of sub -section ( 1) in respect of 1[an organisation or an individual only if it believes that such organisation or individual is] involved in terrorism. (3) For the purposes of sub -section ( 2), 2[an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual ] (a) commits or participates in acts of terrorism, or (b) prepares for terrorism, or (c) promotes or encourages terrorism, or (d) is otherwise involved in terrorism. 3[(4) The Central Government may, by notification in the Official Gazette, add to or remove or amend the Second Schedule or Third Schedule and thereupon the Second Schedule or the Third Schedule, as the case may be, shall be deemed to have been amended accordingly. (5) Every notification issued under sub -section ( 1) or sub -section ( 4) shal l, as soon as may be after it is issued, be laid before Parliament.] 36. Denotification of 4[terrorist organisation or individual] .(1) An application may be made to the Central Government for the exercise of its power under clause ( c) of sub -section ( 1) of section 35 to remove 5[an organisation from the First Schedule, or as the case may be, the name of an individual from the Fourth Schedule]. (2) An application under sub -section ( 1) may be made by (a) the organisation, or (b) any person affected by inclusion of the organisation in the 6[First Schedule as a terrorist organisation, or]. 7[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.] (3) The Central Government may prescribe the procedure for admission and disposal of an application made under this section. (4) Where an

The Central Government may prescribe the procedure for admission and disposal of an application made under this section. (4) Where an application under sub -section ( 1) has been rejected, the applicant may apply for a review to the Review Committee constituted by the Central Government under sub -section ( 1) of section 37 within one month from the date of receipt of the order of such refusal by the applicant. (5) The Review Committee may allow an application for review against rejection, to remove 8[an organisation from the First Schedule or the name of an individual from the Fourth Schedule], if it considers that the decision to reject was flawed when considered in the light of the principles applicable on an application for judicial review. (6) Where the Review Co mmittee allows review under sub -section ( 5) by or in respect of 9[or an individual] , it may make an order to such effect. (7) Where an order is made under sub -section (6), the Central Government shall, as soon as the certified copy of the order is received by it, make an order removing the organisation from the 10[First Schedule or the name of an individual from the Fourth Schedule]. 1. Subs. by Act 28 of 2019, s. 5, for an organisation only if it believes that it i s (w.e.f. 14 -8-2019). 2. Subs. by s. 5, ibid., for an organisation shall be deemed to be involved in terrorism if it (w.e.f. 14 -8-2019). 3. Ins. by Act 3 of 2013, s. 12 (w.e.f. 1 -2-2013). 4. Subs. by Act 28 of 2019, s. 6, for a terrorist organisation (w.e.f. 14 -8-2019). 5. Subs. by s. 6, ibid., for an organisation from the Schedule (w.e.f. 14 -8-2019). 6. Subs. by s. 6, ibid., for Schedule as a terrorist organization (w.e.f. 14 -8-2019). 7. Ins. by s. 6, ibid. (w.e.f. 14 -8-2019). 8. Subs. by s. 6, ibid., for an organisation from the Schedule (w.e.f. 14 -8-2019). 9. Ins. by s. 6, ibid., (w.e.f. 14 -8-2019). 10. Subs. by s. 6, ibid., for Schedule (w.e.f. 14 -8-2019). 19 37. Review Committees .(1) The Central Government shall constitute one or more Review Committees for the purposes of section 36. (2) Every such Committee shall consist of a Chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed. (3) A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Cour t, who shall be appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of the Chief Justice of the concerned High Court shall be obtained. 38. Offence relating to membership of a terrorist organisation .(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation: Provided that this sub -section shall not apply where the person charged is able to prove (a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and (b) that he has not taken part in the activities of the organisati on at any time during its inclusion in the 1[First Schedule] as a terrorist organisation. (2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section ( 1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. 39. Offence relating to support given to a terrorist organisation .(1) A person commits the offence relating to support given to a terrorist organisation, (a) who, with intention to further the activity of a terrorist organisation, (i) invites support for the terrorist organization; and (ii) the support is not or is not restricted to provide money or other property within the meaning of section 40;or (b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is (i) to support the terrorist organization; or (ii) to further the activity of the terrorist organization; or (iii) to bead dressed by a person who associates or professes to be associated with the terrorist organisation; or (c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for th e terrorist organisation or to further its activity. (2) A person, who commits the offen cerelating to support given to a terrorist organisation under sub - section ( 1) shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. 40. Offence of raising fund for a terrorist organisation .(1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation, (a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or (b) receives money or other property, and intends that it should be used, or has reasonable cau se to suspect that it might be used, for the purposes of terrorism; or 1. Subs. by Act 28 of 2019, s. 7 for Schedule (w.e.f. 14 -8-2019). 20 (c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism. 1[Explanation. For the purposes of thi s sub -section, a reference to provide money or other property includes (a) of its being given, lent or otherwise made available, whether or not for consideration; or (b) raising, collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency.] (2) A person, who commits the offence of raising fund for a terrorist organisation under sub-section ( 1), shall be punishable with imprisonment for a term not exceeding fourteen yea rs, or with fine, or with both. CHAPTER VII MISCELLANEOUS 41. Continuance of association .An association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof. 42. Power to delegate .The Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercis ed by it under section 7, or section 8, or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government and the State Government may, with the previous approval of the Central Government, by order in writing, direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the State Government as may be specified therein. 43. Officers competent to investigate offence s under Chapters IV and VI .Notwithstanding anything contained in the Code, no police officer, (a) in the case of the Delhi Special Police Establishment , constituted under sub-section ( 1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank; (b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub -section ( 1) of section 8 of the Code, below the rank of an Assistant Commissioner of Police; 2[(ba) in the case of National Investigation Agency, below the rank of Inspector]; (c) in any case not relatable to clause ( a) 2[or clause ( ba)], below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank, Shall investigate any offence punishable under Chapter IV or VI. 3[43A. Power to arrest, search, etc .Any officer of the Designated Authority empowered in this behalf, by general or special order of the Central Government or the State Government, as the case may be, knowing of a design to commit any offence under this Act or has reason to believe from pers onal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this Chapter is kept or concealed in any building, conveyance or 1. Subs. by Act 3 of 2013, s. 13, for the Explanation (w.e.f. 1 -2-2013). 2. Ins. by Act 28 of 2019, s. 8 (w.e.f. 14 -8-2019). 3. Ins. by Act 35 of 2008, s. 12 (w.e.f. 31 -12-2008). 21 place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place. 43B. Procedure of a rrest, seizure , etc.(1) Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to th e officer -in-charge of the nearest police station. (3) The authority or officer to whom any person or article is forwarded under sub -section ( 2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code. 43C. Application of provisions of Code .The provisions of the Code shall apply, insofar as they are not inconsistent with the provisions of this Act, to all arrests, searches and seizures made under this Act. 43D. Modified application of certain provisions of the Code .(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of clause ( c) of section 2 of the Code, and cognizab le case as defined in that clause shall be construed accordingly. (2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that in sub -section ( 2), (a) the references to fifteen days , ninety days and sixty days , wherever they occur, shall be construed as references to thirty days , ninety days and ninety days respectively; and (b) after the proviso, the following provisos shall be inserted, namely: Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: Provided also that if the police officer making the investigation under this Act, requests, for the purposes of investigation, for pol ice custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody. (3) Section 268 of the Code shall apply in relati on to a case involving an offence punishable under this Act subject to the modification that (a) the reference in sub -section ( 1) thereof (i) to the State Government shall be construed as a reference to the Central Government or the State Government. ; (ii) to order of the State Government shall be construed as a reference to order of the Central Government or the State Government, as the case may be ; and (b) the reference in sub -section ( 2) thereof, to the State Government shall be construed as a reference to the Central Government or the State Government, as the case may be . (4) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this Act. (5) Notwithstanding anything contained in the Code, no person accused of an offence punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release: 22 Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that the re are reasonable grounds for believing that the accusation against such person is prima facie true. (6) The restrictions on granting of bail specified in sub -section ( 5) is in addition to the restrictions under the Code or any other law for the time being in force on granting of bail. (7) Notwithstanding anything contained in sub -sections ( 5) and ( 6), no bail shall be granted to a person accused of an offence punishable under this Act, if he is not an Indian citizen and has entered the country unauthorised ly or illegally except in very exceptional circumstances and for reasons to be recorded in writing. 43E. Presumption as to offence under section 15. In a prosecution for an offence under section 15, if it is proved (a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or (b) that by the evidence of the expert the finger -prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the

s of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connectio n with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has committed such offence. 43F. Obligation to furnish information .(1) Notwithstanding anything contained in any other law, the officer investigating any offence under this Act, with the prior approval in writing of an officer not below the rank of a Superintendent of Police, may require any officer or authority of the Cent ral Government or a State Government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or its possession in relation to such offence, on points or m atters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this Act. (2) The failure to furnish the information called for under sub -section ( 1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (3) Notwithstanding anything contained in the Code, an offence under sub -section ( 2) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said Code [except sub -section ( 2) of section 262] shall be applicable thereto.] 44. Protection of witnesses .(1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the court so desires. (2) A court, if on an application made by a witness in any proceeding before it or by th e Public Prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such wi tness secret. (3) In particular, and without prejudice to the generality of the provisions of sub -section ( 2), the measures which a court may take under that sub -section may include (a) the holding of the proceedings at a place to be decided by the court; (b) the avoiding of the mention of the name and address of the witness in its orders or judgments or in any records of the case accessible to public; (c) the issuing of any directions for securing that the identity and address of the witness are not discl osed; (d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner. 23 (4) Any person who contravenes any decision or direction issued under sub -section ( 3), shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine. 45. Cognizance of offences .1[(1)] No court shall take cognizance of any offence (i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf; (ii) under Chapter IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and 2[if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government. 3[(2) Sanction for prosecution under sub -section ( 1) shall be given within such time as may be presc ribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendat ion, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.] 46. Admissibility of evidence collected through the interception of c ommunications . Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of the Indian Telegraph Act, 1885 (13 of 1885) or the Information Technology Act, 2000 (21 of 2000) or any other law for the time being in force, shall be admissible as evidence against the accused in the court during the trial of a case: Provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the competent authority under the aforesaid law , under which the interception was directed, not less than ten days before trial, hearing or proceeding: Provided further that the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to fu rnish the accused with such order ten days before the trial, hearing or proceeding and that the accused shall not be prejudiced by the delay in receiving such order. 47. Bar of jurisdiction .(1) Save as otherwise expressly provided in this Act, no proceedi ng taken under this Act by the Central Government or the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate, shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. (2) Notwithstanding anything contained in sub -section ( 1), no civil court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters referred to in section 36. 48. Effect of Act and rules, etc ., inconsistent with other enactments .The provisions o f this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. 49. Protection of action taken in good faith.No suit, prosecution or other legal proceeding shall lie against (a) the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred 1. Section 45 renumbered as sub -section ( 1) thereof by Act 35 of 2008, s. 13 (w.e.f. 31 -12-2008). 2. Subs. by Act 28 of 2019, s. 9 for where (w.e.f. 14 -8-2019). 3. Ins. by Act 35 of 2008, s. 13 (w.e.f. 31 -12-2008). 24 under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and (b) any serving or retired member of the armed forces or para -military force s in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism. 50. Saving .Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the navy, army or air force or other armed forces of the Union. 51. Impounding of passport and arms licence of person charge sheeted under the Act. Notwithstanding anything contained in any other l aw for the time being in force, the passport and the arms licence of a person, who is charge -sheeted for having committed any offence under this Act, shall be deemed to have been impounded for such period as the court may deem fit. 1[51A. Certain powers of the Central Government .For the prevention of, and for coping with terrorist activities, the Central Government shall have power to (a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the Schedule to the Order, or any other person engaged in or suspected to be engaged in terrorism; (b) prohibit any individual or entity from making any funds, financial assets or economic resources or rel ated services available for the benefit of the individuals or entities listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism; (c) prevent the entry into or the transit through India of individuals listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism.] 52. Power to make rules.(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: (a) the service of notices or orders issued or made under this Act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association; (b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under thi s Act; (c) determination of the price of the forfeited property under sub -section ( 2) of section 28; (d) the procedure for admission and disposal of an application under sub -section ( 3) of section 36; (e) the qualifications of the members of the Review Committee under sub -section ( 2) of section 37; and 2[(ee) the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub -section ( 2) of section 45, and] (f) any other matter which is required to be, or may be, prescribed. 53. Orders and rules to be laid before both Houses of Parliament .3[(1)] Every order and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any 1. Ins. by Act 35 of 2008, s. 14 (w.e.f. 31 -12-2008). 2. Ins. by s. 15 , ibid., (w.e.f. 31 -12-2008). 3. Section 53 r enumbered as sub -section ( 1) thereof by s. 16, ibid. (w.e.f. 31-12-2008 ). 25 modification in the order or rule or both Houses agree that the order or ru le should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule. 1[(2) The Order referred to in entry 33 of the Schedule and every amendment made to that Order shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of 30 d ays which may be comprised in one session or in two or more successive sessions.] 1. Ins. by Act 35 of 2008 , s. 16 , (w.e.f. 31 -12-2008). 26 1[THE FIRST SCHEDULE ] 2[See sections 2(1) (m), 35, 36 and 3 8 (1)] TERRORIST ORGANISATIONS 1. BABBAR KHALSA INTERNATIONAL. 2. KHALISTAN COMMANDO FORCE. 3. KHALISTAN ZINDABAD FORCE. 4. INTERNATIONAL SIKH YOUTH FEDERATION. 5. LASHKAR -E-TAIBA/PASBAN -E-AHLE HADIS 3[The Resistance Front and all its manifestations and front Organisations]. 6. JAISH -E-MOHAMMED/TAHRIK -E-FURQAN. 7. HARKAT -UL-MUJAHIDEEN/HARKAT -UL-ANSAR/HARKAT -UL-JEHAD -E-ISLAMI. 8. HIZB -UL-MUJAHIDEEN/HIZB -UL-MUJAHIDEEN PIR PANJAL REGIMENT. 9. AL -UMAR -MUJAHIDEEN. 10. JAMMU AND KASHMIR ISLAMIC FRONT. 11. UNITED LIBERATION FRONT OF ASSAM (ULFA). 12. NATIONAL DEMOCRATIC FRONT OF BODOLAND (NDFB). 13. PEOPLE S LIBERATI ON ARMY (PLA). 14. UNITED NATIONAL LIBERATION FRONT (UNLF). 15. PEOPLE S REVOLUTIONARY PARTY OF KANGLEIPAK (PREPAK). 16. KANGLEIPAK COMMUNIST PARTY (KCP). 17. KANGLEI YAOL KANBA LUP (KYKL). 18. MANIPUR PEOPLE S LIBERATION FRONT (MPLF). 19. ALL TRIPURA TIGE R FORCE. 20. NATIONAL LIBERATION FRONT OF TRIPURA. 21. LIBERATION TIGERS OF TAMIL EELAM (LTTE). 22. STUDENTS ISLAMIC MOVEMENT OF INDIA. 23. DEENDAR ANJUMAN. 24. COMMUNIST PARTY OF INDIA (M ARXIST -LENINIST) PEOPLE S WAR, ALLITS FORMATIONS AND FRONT ORGANISATIONS. 25. MAOIST COMMUNIST CENTRE (MCC), ALL ITS FORMATIONS AND FRONT ORGANISATIONS. 26. AL BADR. 27. JAMIAT -UL-MUJAHIDDEN. 28. AL -QAIDA. 1. The Schedule renumbered as the First Schedule thereof by Act 3 of 2013, s. 14 (w.e.f. 1 -2-2013). 2. Subs. by Act 28 of 2019, s.

1 -2-2013). 2. Subs. by Act 28 of 2019, s. 10 , for See sections 2( 1) (m) and 35 (w.e.f. 14 -8-2019). 3. Ins. by Notification No. S.O. 45(E), dated by 5th January, 2023. 27 29. DUKHTARAN -E-MILLAT (DEM). 30. TAMIL NADU LIBERATION ARMY (TNLA). 31. TAMIL NATIONAL RETRIEVAL TROOPS (TNR T). 32. AKHIL BHARAT NEPALI EKTA SAMAJ (ABNES). 1[33. Organisations listed in the Schedule to the U.N. Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007 made under section 2 of the United Nations (Security Council) Act, 1947(43 of 1947) and amended from time to time.] 34. Akhil Bharat Nepali Ekta Samaj (ABNES) 2[35. Indian Mijahideen, All Its formations and front organisations.] 3[36. Garo National Liberation Army (GNLA), all its formations and front organi sations] 4[37. Kamatapur Liberation Organisation, all its formations and front organizations.] 5[38. Islamic State/Islamic State of Iraq and Levant/Islamic State of Iraq and Syria/Daish/ Islamic State in Khorasan Province (ISKP)/ISIS Wilayat Khorasan/Islam ic State of Iraq and the Sham - Khorasan (ISIS -K) and all its manifestations.] 6[39. National Socialist Council of Nagaland (Khaplang) [NSCN(K)], all its formations and front organisations.] 7[40. The Khalistan Liberation Force and all its manifestations.] 8[41. Tehreek -ul-Mujahideen (TuM) and all its manifestations.] 9[42. Jamaat -ul-Mujahideen Bangladesh or Jamaat -ul-Mujahideen India or Jamaat -ul-Mujahideen Hindustan and all its manifestations.] 1. Ins. by Act 35 of 2008, s. 17 (w.e.f. 31 -12-2008). 2. Ins. by S.O. 1303(E), dated 02.06.2010. 3. Ins. by S.O. 62(E), dated 12.01.2012 . 4. Ins. by S.O. 2803(E) , dated 31.10.2014. 5. Ins. by S. O. 2947(E) dated 19.06.2018. 6. Ins . by S.O. 3016(E), dated 06.11.2015. 7. Ins . by S.O. 6313(E) , dated 26.12.2018. 8. Ins. by S.O. 693(E) , dated 05.02.2019. 9. Ins. by S.O. 1806(E) , dated 23.03.2019 (W.e.f. 24.05.2019). 28 1[THE SECOND SCHEDULE [See section 15( 2)] (i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation ( 1971); (iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons , including Diplomatic Agents (1973); (iv) International Convention against the Taking of Hostages (1979); (v) Convention on the Physical Protection of Nuclear Material (1980) 2[as amended from time to time]; (vi) Protocol for the Suppression of Unlawful A cts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); (vii) Convention for the Suppression of Unlawful Acts against the safety of Maritime Navigation (1988); (viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (1988); and (ix) International Convention for the Suppression of Terrorist Bombings (1997). 3[(x) Intern ational Convention for Suppression of Acts of Nuclear Terrorism (2005).] 1. Ins. by Act 3 of 2013, s. 14 (w.e.f . 1-2-2013). 2. Ins. by Act 28 of 2019, s. 11 (w.e.f. 14 -8-2019). 3. Ins. by s. 11, ibid. (w.e.f. 14 -8-2019). 29 1[THE THIRD SCHEDULE [See clause ( b) of Explanation to section 15( 1)] SECURITY FEATURES TO DEFINE HIGH QUALITY COUNTERFEIT INDIAN CURRENCY NOTES Watermark(s), Security thread and any one of the following features: (a) Latent image; (b) See through registration; (c) Print quality sharpness; (d) Raised effect; (e) Fluorescent characteristics; (f) Substrate quality; (g) Paper taggant; (h) Colour shift effect in OVI; (i) Colour shift effect in security thread.] 1. Subs . by G.S.R. 231(E), dated 18.03.2014. 30 1[THE FOURTH SCHEDULE [See sections 35(1) and 36] S. No. Name of Individuals 2[1. Maulana Masood Azhar @ Maulana Mohammad Masood Azhar Alvi @ Vali Adam Issa] 3[2. Hafiz Muhammad Saeed @ Hafiz Mohammad Sahib @ Hafiz Mohaddad Sayid @ Hafiz Muhammad @ Hafiz Saeed @ Hafez Mohammad Saeed @ Hafiz Mohammad Sayeed @ Mohammad Sayed @ Muhammad Saeed] 4[3. Zaki-ur-Rehman Lakhvi @ Abu Waheed Irshad Ahmad Arshad @ Kaki Ur -Rehma n @ Zakir Rehman Lakhvi @ Zaki -Ur-Rehman Lakvi @ Zakir Rehman] 5[4. Dawood Ibrahim Kaskar @ Dawood Hasan Shiekh Kaskar @ Dawood Bhai @ Dawood Sabri @ Iqbal Seth @ Bada Patel @ Dawood Ebrahim @ Sheikh Dawood Hassan @ Abdul Hamid Abdul Aziz @ Anis Ibrahim @ Aziz Dilip @ Daud Hasan Shaikh Ibrahim Kaskar @ Daud Ibrahim Memon Kaskar @ Dawood Hasan Ibrahim Kaskar @ Dawood Ibrahim Memon @ Kaskar Dawood Hasan @ Shaikh Mohd Ismail Abdul Rehman @ Dowood Hassan Shaikh Ibrahim @ Dawood Bhai Low quality @ Ibrahim Shaik h Modh Anis @ Shaikh Ismail Abdul @ Sheikh Farooqi @ Iqbal Bhai] 6[5. Wadhawa Singh Babbar @ Chacha @ Babbar.] 7[6. Lakhbir Singh @ Rode] 8[7. Ranjeet Singh @ Neeta.] 9[8. Paramjit Singh @ Panjwar] 10[9. Bhupinder Singh Bhinda] 11[10. Gurmeet Singh Bagga.] 12[11. Gurpatwant Singh Pannun.] 13[12. Hardeep Singh Nijjar.] 14[13. Paramjit Singh @Pamma.] 15[14. Sajid Mir @ Sajid Majeed @ Ibrahim Shah @ Wasi @ Khalid @ Muhammad Waseem.] 16[15. Yusuf Muzammil @ Ahmad Bhai @ Yousuf Muzammil Butt @ Hurreira Bhai.] 17[16. Abdur Rehman Makki @ Abdul Rehman Makki.] 1. Added by Act 28 of 2019, s. 12 (w.e.f. 14 -8-2019). 2. Ins. by notification No. S.O. 3193(E), dated 4th September, 2019. 3. Ins. by notification No. S.O. 3194(E), dated 4th September, 2019. 4. Ins. by notification No. S.O. 3195(E), dated 4th September, 2019. 5. Ins. by notifi cation No. S.O. 3196(E), dated 4th September, 2019. 6. Ins. by notification No. S.O. 2164(E), dated 1st July, 2020. 7. Ins. by notification No. S.O. 2165(E), dated 1st July, 2020. 8. Ins. by notification No. S.O. 2166(E), dated 1st July, 2020. 9. Ins. by n otification No. S.O. 2167(E), dated 1st July, 2020. 10. Ins. by notification No. S.O. 2168(E), dated 1st July, 2020. 11. Ins. by notification No. S.O. 2169(E), dated 1st July, 2020. 12. Ins. by notification No. S.O. 2170(E), dated 1st July, 2020. 13. Ins. by notification No. S.O. 2171(E), dated 1st July, 2020. 14. Ins. by notification No. S.O. 2172(E), dated 1st July, 2020. 15. Ins. by notification No. S.O. 3816(E), dated 27th October, 2020. 16. Ins. by notification No. S.O. 3817(E), dated 27th October, 2020. 17. Ins. by notification No. S.O. 3818(E), dated 27th October, 2020. 31 1[17. Shahid Mehmood @ Shahid Mehmood Rehmatullah.] 2[18. Farhatullah Ghori @ Abu Sufiyan @ Sardar Sahab @ Faru.] 3[19. Abdul Rauf Asghar @ Mufti @ Mufti Asghar @ Saad baba @ Maulana Mufti Rauf Asghar.] 4[20. Ibrahim Athar @ Ahmed Ali Mohd. Ali Shaikh @ Javed Amjad Siddiqui @ A.A. Shaikh @ Chief.] 5[21. Yusuf Azhar @ Azhar Yusuf @ Mohd. Salim.] 6[22. Shahid Latif @ Chota Shahid Bhai @ Noor Al Din] 7[23. Syed Mohammad Yusuf Shah @ Syed Salahud een @ Peer Sahab @ Buzurg.] 8[24. Ghulam Nabi Khan @ Amir Khan @ Saifullah Khalid @ Khalid Saifullah @ Jawaad @ Daand.] 9[25. Zafar Hussain Bhat @ Khursheed @ Mohd. Zafar Khan @ Moulvi @ Khursheed Ibrahim .] 10[26. Riyaz Ismail Shahbandri @ Shah Riyaz Ahmed @ Riyaz Bhatkal @ Md. Riyaz @ Ahmed Bhai @ Rasool Khan @ Roshan Khan @ Aziz .] 11[27. Md. Iqbal @ Shabandri Mohammed Iqbal @ Iqbal Bhatkal .] 12[28. Shaikh Shakeel @ Chhota Shakeel .] 13[29. Mohammad Anis .] 14[30. Ibrahim Abdul Razak Memon @ Mustaq @ Tiger Memon .] 15[31. Javed Chikna @ Javed Dawood Tailor .] 16[32. Hafiz Talha Saeed .] 17[33. Mohiuddin Aurangzeb Alamgir @ Maktab Ameer @Mujahid Bhai @Muhammad Bhai @M. Ammar @Abu Ammar Madan @ Orangzaib Anzar @ Maulana Ammar Madni @ Maulana Ammar @ Abu Ammar @Ammar Alvi.] 18[34. Ali Kashi f Jan @ Jan Ali Kashif.] 19[35. Mushtaq Ahmed Zargar @ Latram.] 20[36. Ashiq Ahmed Negroo @ Ashaq Hussain Nengroo @ Ashaq Moulvi.] 21[37. Sheikh Sajad @ Sheikh Sajjad Gul @ Sajjad Gul @ Sajjad Ah Sheikh. ] 22[38. Arjumand Gulzar Dar @ H amza Burhan @ Doctor.] 1. Ins. by notification No. S.O. 3819(E), dated 27th October, 2020. 2. Ins. by notification No. S.O. 3820(E), dated 27th October, 2020. 3. Ins. by notification No. S.O. 3821(E), dated 27th October, 2020. 4. Ins. by notification No. S.O. 3822(E), dated 27th October, 2020. 5. Ins. by notification No. S.O. 3823(E), dated 27th October, 2020. 6. Ins. by notification No. S.O. 3824(E), dated 27th October, 2020. 7. Ins. by notification No. S.O. 3825(E), dated 27th October, 2020. 8. Ins. by

S.O. 3825(E), dated 27th October, 2020. 8. Ins. by notification No. S.O. 3826(E), dated 27th October, 2020. 9. Ins. by notification No. S.O. 3827(E), dated 27th October, 2020. 10. Ins. by notification No. S.O. 38 28(E), dated 27th October, 2020. 11. Ins. by notification No. S.O. 3829(E), dated 27th October, 2020. 12. Ins. by notification No. S.O. 3830(E), dated 27th October, 2020. 13. Ins. by notification No. S.O. 3831(E), dated 27th October, 2020. 14. Ins. by noti fication No. S.O. 3832(E), dated 27th October, 2020. 15. Ins. by notification No. S.O. 3833(E), dated 27th October, 2020. 16. Ins. by notification No. S.O. 1729(E), dated 8th April, 2022. 17. Ins. by notification No. S.O. 1735(E), dated 11th April, 2022. 18. Ins. by notification No. S.O. 1768(E), dated 11th April, 2022. 19. Ins. by notification No. S.O. 1820(E), dated 13th April, 2022. 20. Ins. by notification No. S.O. 1737(E), dated 18th April, 2022. 21. Ins. by notification No. S.O. 1857(E), dated 19th Ap ril, 2022. 22. Ins. by notification No. S.O. 1876(E), dated 19th April , 202 2. 32 1[39. Imtiyaz Ahmed Kandoo @ Sajad @Fayaz Sopore.] 2[40. Showkat Ahmad Sheikh @ Showkat Mochi.] 3[41. Basit Ahmad Reshi.] 4[42. Habibullah Malik @Sajid Jutt @Saifullah @ Noomi @ Numan@ Langda @ Ali Sajid @ Usman Habid @ Shani.] 5[43. Bashir Ahmad Peer @ Imtiyaz Alam @ Haji.] 6[44. Irshad Ahmad @ Idrees.] 7[45. Rafiq Nai @ Sultan.] 8[46. Zafar Iqbal @ Salim @ Jamaldeen @ Shamsher Nai @ Shamsher khan.] 9[47. Bilal Ahmad Beigh @ Babar.] 10[48. Sheikh Jameel -ur-Rehman @Sheikh Sahab @ Rehman @ Abu Nusrat @ Fayaz Ahmed Dar.] 11[49. Aijaz Ahmad Ahanger @ Abu Usman Al -Kashmiri .] 12[50. Mohammed Amin Khubaib @ Abu Khubaib @Pinna @Muhammed Amin Butt.] 13[51. Arbaz Ahmed Mir.] 14[52. Dr. Asif Maqbool Dar.] 15[53. Arshdeep Singh Gill @Ar sh Dala.] 1. Ins. by Notification No. S.O. 4670(E), dated 4th October, 2022. 2. Ins. by Notification No. S.O. 4671(E), dated 4th October, 2022. 3. Ins. by Notification No. S.O. 4672(E), da ted 4th October, 2022. 4. Ins. by Notification No. S.O. 4673(E), dated 4th October, 2022. 5. Ins. by Notification No. S.O. 4674(E), dated 4th October, 2022. 6. Ins. by Notification No. S.O. 4675(E), dated 4th October, 2022. 7. Ins. by Notification No. S.O. 4676(E), dated 4th October, 2022. 8. Ins. by Notification No. S.O. 4677(E), dated 4th October, 2022. 9. Ins. by Notification No. S.O. 467 8(E), dated 4th October, 2022 10. Ins. by Notification No. S.O. 4679(E), dated 4th Oct ober, 2022. 11. Ins. by Notification No. S.O. 29(E), dated 4th January, 2023. 12. Ins. by Notification No. S.O. 39(E), dated 5th January, 2023. 13. Ins. by Notification No. S.O. 71(E), dated 6th January, 2023. 14. Ins. by Notification No. S.O. 104(E), da ted 7 th January, 2023. 15. Ins. by Notification No. S.O. 105(E) , dated 9 th January, 2023.

THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 NO. 18 OF 2016 [25th March , 2016.] An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. (1) This Act may be called the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. (2) It shall extend to the whole of India except the State of Jammu and Kashmir and save as otherwise provided in this Act, it shall also apply to any offence or contraventionthereunder committed outside India by any person. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may, be appointed for different provisionsof this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. REGISTERED NO. DL(N)04/0007/200316 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 26th March, 2016/ Chaitra 6, 1938 ( Saka ) The following Act of Parliament received the assent of the President on the 25th March, 2016, and is hereby published for general information: 2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II 2. In this Act, unless the context otherwise requires, (a) Aadhaar number means an identification number issued to an individual under sub-section ( 3) of section 3; (b) Aadhaar number holder means an individual who has been issued an Aadhaar number under this Act; (c) authentication means the process by which the Aadhaar number alongwith demographic information or biometric information of an individual is submitted to theCentral Identities Data Repository for its verification and such Repository verifiesthe correctness, or the lack thereof, on the basis of information available with it; (d) authentication record means the record of the time of authentication and identity of the requesting entity and the response provided by the Authority thereto; (e) Authority means the Unique Identification Authority of India established under sub-section ( 1) of section 11; (f) benefit means any advantage, gift, reward, relief, or payment, in cash or kind, provided to an individual or a group of individuals and includes such otherbenefits as may be notified by the Central Government; (g) biometric information means photograph, finger print, Iris scan, or such other biological attributes of an individual as may be specified by regulations; (h) Central Identities Data Repository means a centralised database in one or more locations containing all Aadhaar numbers issued to Aadhaar number holdersalong with the corresponding demographic information and biometric information ofsuch individuals and other information related thereto; (i) Chairperson means the Chairperson of the Authority appointed under section 12; (j) core biometric information means finger print, Iris scan, or such other biological attribute of an individual as may be specified by regulations; (k) demographic information includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specifiedby regulations for the purpose of issuing an Aadhaar number, but shall not includerace, religion, caste, tribe, ethnicity, language, records of entitlement, income or medicalhistory; (l) enrolling agency means an agency appointed by the Authority or a Registrar, as the case may be, for collecting demographic and biometric information ofindividuals under this Act; (m) enrolment means the process, as may be specified by regulations, to collect demographic and biometric information from individuals by the enrollingagencies for the purpose of issuing Aadhaar numbers to such individuals under thisAct; (n) identity information in respect of an individual, includes his Aadhaar number, his biometric information and his demographic information; (o) Member includes the Chairperson and Member of the Authority appointed under section 12; (p) notification means a notification published in the Official Gazette and the expression notified with its cognate meanings and grammatical variations shall beconstrued accordingly; (q) prescribed means prescribed by rules made by the Central Government under this Act;Definitions. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (r) records of entitlement means records of benefits, subsidies or services provided to, or availed by, any individual under any programme; (s) Registrar means any entity authorised or recognised by the Authority for the purpose of enrolling individuals under this Act; (t) regulations means the regulations made by the Authority under this Act; (u) requesting entity means an agency or person that submits the Aadhaar number, and demographic information or biometric information, of an individual to the Central Identities Data Repository for authentication; (v) resident means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelvemonths immediately preceding the date of application for enrolment; (w) service means any provision, facility, utility or any other assistance provided in any form to an individual or a group of individuals and includes suchother services as may be notified by the Central Government; (x) subsidy means any form of aid, support, grant, subvention, or appropriation, in cash or kind, to an individual or a group of individuals and includessuch other subsidies as may be notified by the Central Government. CHAPTER II E NROLMENT 3. (1) Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic information and biometric information by undergoing the process of enrolment: Provided that the Central Government may, from time to time, notify such other category of individuals who may be entitled to obtain an Aadhaar number. (2) The enrolling agency shall, at the time of enrolment, inform the individual undergoing enrolment of the following details in such manner as may be specified byregulations, namely: (a) the manner in which the information shall be used; (b) the nature of recipients with whom the information is intended to be shared during authentication; and (c) the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whomsuch requests can be made. (3) On receipt of the demographic information and biometric information under sub-section ( 1), the Authority shall, after verifying the information, in such manner as may be specified by regulations, issue an Aadhaar number to such individual. 4. (1) An Aadhaar number, issued to an individual shall not be re-assigned to any other individual. (2) An Aadhaar number shall be a random number and bear no relation to the attributes or identity of the Aadhaar number holder. (3) An Aadhaar number, in physical or electronic form subject to authentication and other conditions, as may be specified by regulations, may be accepted as proof of identityof the Aadhaar number holder for any purpose. Explanation. For the purposes of this sub-section, the expression electronic form shall have the same meaning as assigned to it in clause ( r) of sub-section ( 1) of section 2 of the Information Technology Act, 2000.Aadhaarnumber. Properties of Aadhaarnumber. 21 of 2000. 4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II 5. The Authority shall take special measures to issue Aadhaar number to women, children, senior citizens, persons with disability, unskilled and unorganised workers, nomadictribes or to such other persons who do not have any permanent dwelling house and suchother categories of individuals as may be specified by regulations. 6. The Authority may require Aadhaar number holders to update their demographic information and biometric information, from time to time, in such manner as may be specifiedby regulations, so as to ensure continued accuracy of their information in the CentralIdentities Data Repository. CHAPTER III A UTHENTICATION 7. The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy,benefit or service for which the expenditure is incurred from, or the receipt therefrom formspart of, the Consolidated Fund of India, require that such individual undergo authentication,or furnish proof of possession of Aadhaar number or in the case of an individual to whomno Aadhaar number has been assigned, such individual makes an application for enrolment: Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy,benefit or service. 8. (1) The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his biometric informationor demographic information, subject to such conditions and on payment of such fees andin such manner as may be specified by regulations. (2) A requesting entity shall (a) unless otherwise provided in this Act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in suchmanner as may be specified by regulations; and (b) ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication. (3) A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication, the following detailswith respect to authentication, namely: (a) the nature of information that may be shared upon authentication; (b) the uses to which the information received during authentication may be put by the requesting entity; and (c) alternatives to submission of identity information to the requesting entity. (4) The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any corebiometric information. 9. The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar number holder. 10. The Authority may engage one or more entities to establish and maintain the Central Identities Data Repository and to perform any other functions as may be specifiedby regulations.Specialmeasures forissuance ofAadhaarnumber tocertaincategory ofpersons. Update of certaininformation. Proof of Aadhaarnumbernecessary forreceipt ofcertainsubsidies,benefits andservices, etc. Authentication of Aadhaarnumber. Aadhaar number notevidence ofcitizenship ordomicile, etc. Central Identities DataRepository. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 CHAPTER IV UNIQUE IDENTIFICA TION AUTHORITY OF INDIA 11. (1) The Central Government shall, by notification, establish an Authority to be known as the Unique Identification Authority of India to be responsible for the processesof enrolment and authentication and perform such other functions assigned to it under thisAct. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire,hold and dispose of property, both movable and immovable, and to contract, and shall, bythe said name, sue or be sued. (3) The head office of the Authority shall be in New Delhi. (4) The Authority may, with the prior approval of the Central Government, establish its offices at other places in India. 12. The Authority shall consist of a Chairperson, appointed on part-time or full- time basis, two part-time Members, and the chief executive officer who shall be Member-Secretary of the Authority, to be appointed by the Central Government. 13. The Chairperson and Members of the Authority shall be persons of ability and integrity having experience and knowledge of at least ten years in matters relating totechnology, governance, law, development, economics, finance, management, public affairsor administration. 14. (1) The Chairperson and the Members appointed under this Act shall hold office for a term of three years from the date on which they assume office and shall be eligible forre-appointment: Provided that no person shall hold office as the Chairperson or Member after he has attained the age of sixty-five years. (2) The Chairperson and every Member shall, before entering office, make and subscribe to, an oath of office and of secrecy, in such form and in such manner and before suchAuthority as may be prescribed. (3) Notwithstanding anything contained in sub-section ( 1), the Chairperson or Member may (a) relinquish his office, by giving in writing to the Central Government, a notice of not less than thirty days; or (b) be removed from his office in accordance with the provisions of section 15. (4) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and allowances or remuneration payable to part-time Membersshall be such as may be prescribed. 15. (1) The Central Government may remove from office, the Chairperson, or a Member, who (a) is, or at any time has been adjudged as insolvent; (b) has become physically or mentally incapable of acting as the Chairperson or, as the case may be, a Member; (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or, as the case may be, a Member; orEstablishmentof Authority. Composition of Authority. Qualifications forappointmentofChairpersonand Membersof Authority. Term of office andotherconditions ofservice ofChairpersonand Members. Removal of Chairpersonand Members. 6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (e) has, in the opinion of the Central Government, so abused his position as to render his continuance in office detrimental to the public interest. (2) The Chairperson or a Member shall not be removed under clause ( b), clause ( d) or clause ( e) of sub-section ( 1) unless he has been given a reasonable opportunity of being heard. 16. The Chairperson or a Member on ceasing to hold office for any reason, shall not, without previous approval of the Central Government, (a) accept any employment in, or be connected with the management of any organisation, company or any other entity which has been associated with any workdone or contracted out by the Authority, whether directly or indirectly, during histenure as Chairperson or Member, as the case may be, for a period of three years fromthe date on which he ceases to hold office: Provided that nothing contained in this clause shall apply to any employment under the Central Government or a State Government or local authority or in anystatutory authority or any corporation established by or under any Central, State orprovincial Act or a Government Company, as defined in clause ( 45) of section 2 of the Companies Act, 2013; (b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority isa party and with

of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the Authority isa party and with respect to which the Chairperson or such Member had, beforecessation of office, acted for or provided advice to, the Authority; (c) give advice to any person using information which was obtained in his capacity as the Chairperson or a Member and being unavailable to or not being ableto be made available to the public; or (d) enter, for a period of three years from his last day in office, into a contract of service with, accept an appointment to a board of directors of, or accept an offer ofemployment with, an entity with which he had direct and significant official dealingsduring his term of office. 17. The Chairperson shall preside over the meetings of the Authority, and without prejudice to any provision of this Act, exercise and discharge such other powers andfunctions of the Authority as may be prescribed. 18. (1) There shall be a chief executive officer of the Authority, not below the rank of Additional Secretary to the Government of India, to be appointed by the Central Government. (2) The chief executive officer shall be the legal representative of the Authority and shall be responsible for (a) the day-to-day administration of the Authority; (b) implementing the work programmes and decisions adopted by the Authority; (c) drawing up of proposal for the Authoritys decisions and work programmes; (d) the preparation of the statement of revenue and expenditure and the execution of the budget of the Authority; and (e) performing such other functions, or exercising such other powers, as may be specified by regulations. (3) Every year, the chief executive officer shall submit to the Authority for approval (a) a general report covering all the activities of the Authority in the previous year; (b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year.Restrictions onChairpersonor Membersonemploymentafter cessationof office. 18 of 2013. Functions of Chairperson. Chief executiveofficer. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (4) The chief executive officer shall have administrative control over the officers and other employees of the Authority. 19. (1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including quorum atsuch meetings, as may be specified by regulations. (2) The Chairperson, or, if for any reason, he is unable to attend a meeting of the Authority, the senior most Member shall preside over the meetings of the Authority. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes by the Members present and voting and in the event of an equalityof votes, the Chairperson or in his absence the presiding Member shall have a casting vote. (4) All decisions of the Authority shall be signed by the Chairperson or any other Member or the Member-Secretary authorised by the Authority in this behalf. (5) If any Member, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any manner coming up for consideration at a meetingof the Authority, he shall, as soon as possible after relevant circumstances have come to hisknowledge, disclose the nature of his interest at such meeting and such disclosure shall berecorded in the proceedings of the Authority, and the Member shall not take part in anydeliberation or decision of the Authority with respect to that matter. 20. No act or proceeding of the Authority shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the Authority; (b) any defect in the appointment of a person as Chairperson or Member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. 21. (1) The Authority may, with the approval of the Central Government, determine the number, nature and categories of other officers and employees required by the Authorityin the discharge of its functions. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the chief executive officer and other officers and other employees of the Authorityshall be such as may be specified by regulations with the approval of the Central Government. 22. On and from the establishment of the Authority (a) all the assets and liabilities of the Unique Identification Authority of India, established vide notification of the Government of India in the Planning Commission number A-43011/02/2009-Admin. I, dated the 28th January, 2009, shall stand transferredto, and vested in, the Authority. Explanation .The assets of such Unique Identification Authority of India shall be deemed to include all rights and powers, and all properties, whether movableor immovable, including, in particular, cash balances, deposits and all other interestsand rights in, or arising out of, such properties as may be in the possession of suchUnique Identification Authority of India and all books of account and other documentsrelating to the same; and liabilities shall be deemed to include all debts, liabilities andobligations of whatever kind; (b) without prejudice to the provisions of clause ( a), all data and information collected during enrolment, all details of authentication performed, debts, obligationsand liabilities incurred, all contracts entered into and all matters and things engagedto be done by, with or for such Unique Identification Authority of India immediatelybefore that day, for or in connection with the purpose of the said Unique IdentificationAuthority of India, shall be deemed to have been incurred, entered into or engaged tobe done by, with or for, the Authority;Meetings ofAuthority. Vacancies, etc., not toinvalidateproceedingsof Authority. Officers and otheremployees ofAuthority. Transfer of assets,liabilities ofAuthority. 8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (c) all sums of money due to the said Unique Identification Authority of India immediately before that day shall be deemed to be due to the Authority; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against such Unique Identification Authority of India immediatelybefore that day may be continued or may be instituted by or against the Authority. 23. (1) The Authority shall develop the policy, procedure and systems for issuing Aadhaar numbers to individuals and perform authentication thereof under this Act. (2) Without prejudice to sub-section ( 1), the powers and functions of the Authority, inter alia, include (a) specifying, by regulations, demographic information and biometric information required for enrolment and the processes for collection and verificationthereof; (b) collecting demographic information and biometric information from any individual seeking an Aadhaar number in such manner as may be specified byregulations; (c) appointing of one or more entities to operate the Central Identities Data Repository; (d) generating and assigning Aadhaar numbers to individuals; (e) performing authentication of Aadhaar numbers; (f) maintaining and updating the information of individuals in the Central Identities Data Repository in such manner as may be specified by regulations; (g) omitting and deactivating of an Aadhaar number and information relating thereto in such manner as may be specified by regulations; (h) specifying the manner of use of Aadhaar numbers for the purposes of providing or availing of various subsidies, benefits, services and other purposes forwhich Aadhaar numbers may be used; (i) specifying, by regulations, the terms and conditions for appointment of Registrars, enrolling agencies and service providers and revocation of appointmentsthereof; (j) establishing, operating and maintaining of the Central Identities Data Repository; (k) sharing, in such manner as may be specified by regulations, the information of Aadhaar number holders, subject to the provisions of this Act; (l) calling for information and records, conducting inspections, inquiries and audit of the operations for the purposes of this Act of the Central Identities DataRepository, Registrars, enrolling agencies and other agencies appointed under thisAct; (m) specifying, by regulations, various processes relating to data management, security protocols and other technology safeguards under this Act; (n) specifying, by regulations, the conditions and procedures for issuance of new Aadhaar number to existing Aadhaar number holder; (o) levying and collecting the fees or authorising the Registrars, enrolling agencies or other service providers to collect such fees for the services provided bythem under this Act in such manner as may be specified by regulations; (p) appointing such committees as may be necessary to assist the Authority in discharge of its functions for the purposes of this Act; (q) promoting research and development for advancement in biometrics and related areas, including usage of Aadhaar numbers through appropriate mechanisms;Powers andfunctions ofAuthority. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 (r) evolving of, and specifying, by regulations, policies and practices for Registrars, enrolling agencies and other service providers; (s) setting up facilitation centres and grievance redressal mechanism for redressal of grievances of individuals, Registrars, enrolling agencies and other service providers; (t) such other powers and functions as may be prescribed. (3) The Authority may, (a) enter into Memorandum of Understanding or agreement, as the case may be, with the Central Government or State Governments or Union territories or otheragencies for the purpose of performing any of the functions in relation to collecting,storing, securing or processing of information or delivery of Aadhaar numbers toindividuals or performing authentication; (b) by notification, appoint such number of Registrars, engage and authorise such agencies to collect, store, secure, process information or do authentication orperform such other functions in relation thereto, as may be necessary for the purposes of this Act. (4) The Authority may engage such consultants, advisors and other persons as may be required for efficient discharge of its functions under this Act on such allowances orremuneration and terms and conditions as may be specified by contract. CHAPTER V G RANTS , ACCOUNTS AND AUDIT AND ANNUAL REPORT 24. The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority, grants of such sums of money as the Central Governmentmay think fit for being utilised for the purposes of this Act. 25. The fees or revenue collected by the Authority shall be credited to the Consolidated Fund of India. 26. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the CentralGovernment in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditureincurred in connection with such audit shall be payable by the Authority to the Comptrollerand Auditor-General. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit the accounts of the Authority under this Act shall have the samerights and privileges and authority in connection with such audit as the Comptroller andAuditor-General generally has in connection with the audit of Government accounts, and inparticular, shall have the right to demand production of books, accounts, connected vouchersand other documents and papers, and to inspect any of the offices of the Authority. (4) The accounts of the Authority, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit reportthereon shall be forwarded annually to the Central Government by the Authority and theCentral Government shall cause the audit report to be laid, as soon as may be after it isreceived, before each House of Parliament. 27. (1) The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, suchreturns and statements and particulars in regard to any matter under the jurisdiction of theAuthority, as the Central Government may from time to time require.Grants byCentralGovernment. Other fees and revenues. Accounts and audit. Returns and annual report,etc. 10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (2) The Authority shall prepare, once in every year, and in such form and manner and at such time as may be prescribed, an annual report giving (a) a description of all the activities of the Authority for the previous years; (b) the annual accounts for the previous year; and (c) the programmes of work for coming year. (3) A copy of the report received under sub-section ( 2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament. CHAPTER VI PROTECTION OF INFORMATION 28. (1) The Authority shall ensure the security of identity information and authentication records of individuals. (2) Subject to the provisions of this Act, the Authority shall ensure confidentiality of identity information and authentication records of individuals. (3) The Authority shall take all necessary measures to ensure that the information in the possession or control of the Authority, including information stored in the CentralIdentities Data Repository, is secured and protected against access, use or disclosure notpermitted under this Act or regulations made thereunder, and against accidental or intentionaldestruction, loss or damage. (4) Without prejudice to sub-sections ( 1) and ( 2), the Authority shall (a) adopt and implement appropriate technical and organisational security measures; (b) ensure that the agencies, consultants, advisors or other persons appointed or engaged for performing any function of the Authority under this Act, have in placeappropriate technical and organisational security measures for the information; and (c) ensure that the agreements or arrangements entered into with such agencies, consultants, advisors or other persons, impose obligations equivalent to thoseimposed on the Authority under this Act, and require such agencies, consultants,advisors and other persons to act only on instructions from the Authority. (5) Notwithstanding anything contained in any other law for the time being in force, and save as otherwise provided in this Act, the Authority or any of its officers or otheremployees or any agency that maintains the Central Identities Data Repository shall not,whether during his service or thereafter, reveal any information stored in the Central IdentitiesData Repository or authentication record to anyone: Provided that an Aadhaar number holder may request the Authority to provide access to his identity information excluding his core biometric information in such manner as maybe specified by regulations. 29. (1) No core biometric information, collected or created under this Act, shall be (a) shared with anyone for any reason whatsoever; or (b) used for any purpose other than generation of Aadhaar numbers and authentication under this Act. (2) The identity information, other than core biometric information, collected or created under this Act may be shared only in accordance with the provisions of this Act and insuch manner as may be specified by regulations. (3) No identity information available with a requesting entity shall be (a) used for any purpose, other than that specified to the individual at the time of submitting any identity information for authentication; orSecurity andconfidentialityofinformation. Restriction on sharinginformation. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 (b) disclosed further, except with the prior consent of the individual to whom such information relates. (4) No Aadhaar number or core biometric information collected or created under this Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly,except for

biometric information collected or created under this Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly,except for the purposes as may be specified by regulations. 30. The biometric information collected and stored in electronic form, in accordance with this Act and regulations made thereunder, shall be deemed to be electronic recordand sensitive personal data or information, and the provisions contained in the InformationTechnology Act, 2000 and the rules made thereunder shall apply to such information, inaddition to, and to the extent not in derogation of the provisions of this Act. Explanation. For the purposes of this section, the expressions (a) electronic form shall have the same meaning as assigned to it in clause ( r) of sub-section ( 1) of section 2 of the Information Technology Act, 2000; (b) electronic record shall have the same meaning as assigned to it in clause ( t) of sub-section ( 1) of section 2 of the Information Technology Act, 2000; (c) sensitive personal data or information shall have the same meaning as assigned to it in clause ( iii) of the Explanation to section 43A of the Information Technology Act, 2000. 31. (1) In case any demographic information of an Aadhaar number holder is found incorrect or changes subsequently, the Aadhaar number holder shall request the Authorityto alter such demographic information in his record in the Central Identities Data Repositoryin such manner as may be specified by regulations. (2) In case any biometric information of Aadhaar number holder is lost or changes subsequently for any reason, the Aadhaar number holder shall request the Authority tomake necessary alteration in his record in the Central Identities Data Repository in suchmanner as may be specified by regulations. (3) On receipt of any request under sub-section ( 1) or sub-section ( 2), the Authority may, if it is satisfied, make such alteration as may be required in the record relating to suchAadhaar number holder and intimate such alteration to the concerned Aadhaar numberholder. (4) No identity information in the Central Identities Data Repository shall be altered except in the manner provided in this Act or regulations made in this behalf. 32. (1) The Authority shall maintain authentication records in such manner and for such period as may be specified by regulations. (2) Every Aadhaar number holder shall be entitled to obtain his authentication record in such manner as may be specified by regulations. (3) The Authority shall not, either by itself or through any entity under its control, collect, keep or maintain any information about the purpose of authentication. 33. (1) Nothing contained in sub-section ( 2) or sub-section ( 5) of section 28 or sub-section ( 2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court notinferior to that of a District Judge: Provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the Authority. (2) Nothing contained in sub-section ( 2) or sub-section ( 5) of section 28 and clause ( b) of sub-section ( 1), sub-section ( 2) or sub-section ( 3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication21 of 2000.Biometric informationdeemed to besensitivepersonalinformation. Alteration of demographicinformationor biometricinformation. Access to owninformationand records ofrequests forauthentication. Disclosure of informationin certaincases.21 of 2000. 21 of 2000.21 of 2000. 12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II records, made in the interest of national security in pursuance of a direction of an officer not below the rank of Joint Secretary to the Government of India specially authorised in thisbehalf by an order of the Central Government: Provided that every direction issued under this sub-section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries to theGovernment of India in the Department of Legal Affairs and the Department of Electronicsand Information Technology, before it takes effect: Provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further periodof three months after the review by the Oversight Committee. CHAPTER VII O FFENCES AND PENALTIES 34. Whoever impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary, by providing any false demographic information or biometricinformation, shall be punishable with imprisonment for a term which may extend to threeyears or with a fine which may extend to ten thousand rupees or with both. 35. Whoever, with the intention of causing harm or mischief to an Aadhaar number holder, or with the intention of appropriating the identity of an Aadhaar number holder changes or attempts to change any demographic information or biometric information of anAadhaar number holder by impersonating or attempting to impersonate another person,dead or alive, real or imaginary, shall be punishable with imprisonment for a term which mayextend to three years and shall also be liable to a fine which may extend to ten thousandrupees. 36. Whoever, not being authorised to collect identity information under the provisions of this Act, by words, conduct or demeanour pretends that he is authorised to do so, shallbe punishable with imprisonment for a term which may extend to three years or with a finewhich may extend to ten thousand rupees or, in the case of a company, with a fine whichmay extend to one lakh rupees or with both. 37. Whoever, intentionally discloses, transmits, copies or otherwise disseminates any identity information collected in the course of enrolment or authentication to anyperson not authorised under this Act or regulations made thereunder or in contravention ofany agreement or arrangement entered into pursuant to the provisions of this Act, shall bepunishable with imprisonment for a term which may extend to three years or with a finewhich may extend to ten thousand rupees or, in the case of a company, with a fine whichmay extend to one lakh rupees or with both. 38. Whoever, not being authorised by the Authority, intentionally, (a) accesses or secures access to the Central Identities Data Repository; (b) downloads, copies or extracts any data from the Central Identities Data Repository or stored in any removable storage medium; (c) introduces or causes to be introduced any virus or other computer contaminant in the Central Identities Data Repository; (d) damages or causes to be damaged the data in the Central Identities Data Repository; (e) disrupts or causes disruption of the access to the Central Identities Data Repository; (f) denies or causes a denial of access to any person who is authorised to access the Central Identities Data Repository;Penalty forimpersonationat time ofenrolment. Penalty for impersonationof Aadhaarnumber holderby changingdemographicinformationor biometricinformation. Penalty for impersonation. Penalty for disclosingidentityinformation. Penalty for unauthorisedaccess to theCentralIdentitiesDataRepository. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 (g) reveals any information in contravention of sub-section ( 5) of section 28, or shares, uses or displays information in contravention of section 29 or assists anyperson in any of the aforementioned acts; (h) destroys, deletes or alters any information stored in any removable storage media or in the Central Identities Data Repository or diminishes its value or utility oraffects it injuriously by any means; or (i) steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the Authority with an intention tocause damage, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which shall not be less than ten lakh rupees. Explanation. For the purposes of this section, the expressions computer contaminant, computer virus and damage shall have the meanings respectivelyassigned to them in the Explanation to section 43 of the Information Technology Act, 2000, and the expression computer source code shall have the meaning assigned to it in theExplanation to section 65 of the said Act. 39. Whoever, not being authorised by the Authority, uses or tampers with the data in the Central Identities Data Repository or in any removable storage medium with the intentof modifying information relating to Aadhaar number holder or discovering any informationthereof, shall be punishable with imprisonment for a term which may extend to three yearsand shall also be liable to a fine which may extend to ten thousand rupees. 40. Whoever, being a requesting entity, uses the identity information of an individual in contravention of sub-section ( 3) of section 8, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or,in the case of a company, with a fine which may extend to one lakh rupees or with both. 41. Whoever, being an enrolling agency or a requesting entity, fails to comply with the requirements of sub-section ( 2) of section 3 or sub-section ( 3) of section 8, shall be punishable with imprisonment which may extend to one year or with a fine which mayextend to ten thousand rupees or, in the case of a company, with a fine which may extend toone lakh rupees or with both. 42. Whoever commits an offence under this Act or any rules or regulations made thereunder for which no specific penalty is provided elsewhere than this section, shall bepunishable with imprisonment for a term which may extend to one year or with a fine whichmay extend to twenty-five thousand rupees or, in the case of a company, with a fine whichmay extend to one lakh rupees, or with both. 43. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to,the company for the conduct of the business of the company, as well as the company, shallbe deemed to be guilty of the offence and shall be liable to be proceeded against andpunished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committedwithout his knowledge or that he had exercised all due diligence to prevent the commissionof such offence. (2) Notwithstanding anything contained in sub-section ( 1), where any offence under this Act has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to, any neglect on the partof any director, manager, secretary or other officer of the company, such director, manager,secretary or other officer shall also be deemed to be guilty of the offence and shall be liableto be proceeded against and punished accordingly.21 of 2000. Penalty for tamperingwith data inCentralIdentitiesDataRepository. Penalty for unauthoriseduse byrequestingentity. Penalty for non-compliancewithintimationrequirements. General penalty. Offences by companies. 14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II Explanation. For the purposes of this section (a) company means any body corporate and includes a firm or other association of individuals; and (b) director, in relation to a firm, means a partner in the firm. 44. (1) Subject to the provisions of sub-section ( 2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person,irrespective of his nationality. (2) For the purposes of sub-section ( 1), the provisions of this Act shall apply to any offence or contravention committed outside India by any person, if the act or conductconstituting the offence or contravention involves any data in the Central Identities DataRepository. 45. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector of Police shall investigate any offence underthis Act. 46. No penalty imposed under this Act shall prevent the imposition of any other penalty or punishment under any other law for the time being in force. 47. (1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Authority or any officer or person authorised by it. (2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate shall try any offence punishable under this Act. CHAPTER VIII M ISCELLANEOUS 48. (1) If, at any time, the Central Government is of the opinion, (a) that, on account of circumstances beyond the control of the Authority, it is unable to discharge the functions or perform the duties imposed on it by or underthe provisions of this Act; or (b) that the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functionsor performance of the duties imposed on it by or under the provisions of this Act andas a result of such default the financial position of the Authority or the administrationof the Authority has suffered; or (c) that a public emergency exists, the Central Government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person orpersons as the President may direct to exercise powers and discharge functions under thisAct: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations against theproposed supersession and shall consider the representations, if any, of the Authority. (2) Upon the publication of a notification under sub-section ( 1), superseding the Authority, (a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until theAct to applyfor offence orcontraventioncommittedoutside India. 2 of 1974. Power to investigateoffences. Penalties not to interferewith otherpunishments. Cognizance of offences. Power of CentralGovernmentto supersedeAuthority. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15 Authority is reconstituted under sub-section ( 3), be exercised and discharged by the person or persons referred to in sub-section ( 1); and (c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section ( 3), vest in the Central Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section ( 1), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other Members and in such case any person whohad vacated his office under clause ( a) of sub-section ( 2) shall not be deemed to be disqualified for reappointment. (4) The Central Government shall cause a copy of the notification issued under sub-section ( 1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest. 49. The Chairperson, Members, officers and other employees of the Authority shall be deemed, while acting or purporting to

49. The Chairperson, Members, officers and other employees of the Authority shall be deemed, while acting or purporting to act in pursuance of any of the provisions of thisAct, to be public servants within the meaning of section 21 of the Indian Penal Code. 50. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act be bound bysuch directions on questions of policy, as the Central Government may give, in writing to it,from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section: Provided further that nothing in this section shall empower the Central Government to issue directions pertaining to technical or administrative matters undertaken by theAuthority. (2) The decision of the Central Government, whether a question is one of policy or not, shall be final. 51. The Authority may, by general or special order in writing, delegate to any Member, officer of the Authority or any other person, subject to such conditions, if any, as may bespecified in the order, such of its powers and functions under this Act (except the powerunder section 54) as it may deem necessary. 52. No suit, prosecution or other legal proceeding shall lie against the Central Government or the Authority or the Chairperson or any Member or any officer, or otheremployees of the Authority for anything which is in good faith done or intended to be doneunder this Act or the rule or regulation made thereunder. 53. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the form and manner in which and the authority before whom the oath of office and of secrecy is to be subscribed by the Chairperson and Members undersub-section ( 2) of section 14; (b) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the allowances or remuneration payable to Membersof the Authority under sub-section ( 4) of section 14; (c) the other powers and functions of the Chairperson of the Authority under section 17; (d) the other powers and functions of the Authority under clause ( t) of sub-section ( 2) of section 23;45 of 1860.Members, officers, etc.,to be publicservants. Power of CentralGovernmentto issuedirections. Delegation. Protection of action takenin good faith. Power of CentralGovernmentto make rules. 16 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (e) the form of annual statement of accounts to be prepared by Authority under sub-section ( 1) of section 26; (f) the form and the manner in which and the time within which returns and statements and particulars are to be furnished under sub-section ( 1) of section 27; (g) the form and the manner and the time at which the Authority shall furnish annual report under sub-section ( 2) of section 27; (h) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. 54. (1) The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder, for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: (a) the biometric information under clause ( g) and the demographic information under clause ( k), and the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause ( m) of section 2; (b) the manner of verifying the demographic information and biometric information for issue of Aadhaar number under sub-section ( 3) of section 3; (c) the conditions for accepting an Aadhaar number as proof of identity of the Aadhaar number holder under sub-section ( 3) of section 4; (d) the other categories of individuals under section 5 for whom the Authority shall take special measures for allotment of Aadhaar number; (e) the manner of updating biometric information and demographic information under section 6; (f) the procedure for authentication of the Aadhaar number under section 8; (g) the other functions to be performed by the Central Identities Data Repository under section 10; (h) the time and places of meetings of the Authority and the procedure for transaction of business to be followed by it, including the quorum, undersub-section ( 1) of section 19; (i) the salary and allowances payable to, and other terms and conditions of service of, the chief executive officer, officers and other employees of the Authorityunder sub-section ( 2) of section 21; (j) the demographic information and biometric information under clause ( a) and the manner of their collection under clause ( b) of sub-section ( 2) of section 23; (k) the manner of maintaining and updating the information of individuals in the Central Identities Data Repository under clause ( f) of sub-section ( 2) of section 23; ( l) the manner of omitting and deactivating an Aadhaar number and information relating thereto under clause ( g) of sub-section ( 2) of section 23; (m) the manner of use of Aadhaar numbers for the purposes of providing or availing of various subsidies, benefits, services and other purposes for which Aadhaarnumbers may be used under clause ( h) of sub-section ( 2) of section 23; (n) the terms and conditions for appointment of Registrars, enrolling agencies and other service providers and the revocation of appointments thereof underclause ( i) of sub-section ( 2) of section 23; (o) the manner of sharing information of Aadhaar number holder under clause ( k) of sub-section ( 2) of section 23;Power of Authority tomakeregulations SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 (p) various processes relating to data management, security protocol and other technology safeguards under clause ( m) of sub-section ( 2) of section 23; (q) the procedure for issuance of new Aadhaar number to existing Aadhaar number holder under clause ( n) of sub-section ( 2) of section 23; (r) manner of authorising Registrars, enrolling agencies or other service providers to collect such fees for services provided by them under clause ( o) of sub-section ( 2) of section 23; (s) policies and practices to be followed by the Registrar, enrolling agencies and other service providers under clause ( r) of sub-section ( 2) of section 23; (t) the manner of accessing the identity information by the Aadhaar number holder under the proviso to sub-section ( 5) of section 28; (u) the manner of sharing the identity information, other than core biometric information, collected or created under this Act under sub-section ( 2) of section 29; (v) the manner of alteration of demographic information under sub-section ( 1) and biometric information under sub-section ( 2) of section 31; (w) the manner of and the time for maintaining the request for authentication and the response thereon under sub-section ( 1), and the manner of obtaining, by the Aadhaar number holder, the authentication records under sub-section ( 2) of section 32; (x) any other matter which is required to be, or may be, specified, or in respect of which provision is to be or may be made by regulations. 55. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total periodof thirty days which may be comprised in one session or in two or more successive sessions,and if, before the expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule or regulation,or both the Houses agree that the rule or regulation should not be made, the rule or regulationshall thereafter have effect only in such modified form or be of no effect, as the case may be;so, however, that any such modification or annulment shall be without prejudice to thevalidity of anything previously done under that rule or regulation. 56. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. 57.Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any bodycorporate or person, pursuant to any law, for the time being in force, or any contract to thiseffect: Provided that the use of Aadhaar number under this section shall be subject to the procedure and obligations under section 8 and Chapter VI. 58. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions notinconsistent with the provisions of this Act as may appear to be necessary for removing thedifficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.Laying ofrules andregulationsbeforeParliament. Application of other laws notbarred. Act not to prevent useof Aadhaarnumber forotherpurposesunder law. Power to removedifficulties. 59. Anything done or any action taken by the Central Government under the Resolution of the Government of India, Planning Commission bearing notification numberA-43011/02/2009-Admin. I, dated the 28th January, 2009, or by the Department of Electronics and Information Technology under the Cabinet Secretariat Notification bearing notificationnumber S.O. 2492( E), dated the 12th September, 2015, as the case may be, shall be deemed to have been validly done or taken under this Act. DR. REETA V ASISHTA, Additional Secy. to the Govt. of India.Savings. GMGIPMRND5326GI(S3)26-03-2016.PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI2016.18 THE GAZETTE OF INDIA EXTRAORDINARY [P ART IIS EC. 1]

THE MINIMUM WAGES ACT, 1948 ACT NO. 11 OF 1948 1* [15th March, 1948.] An Act to provide for fixing minimum rates of wages in certain employments. WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments; It is hereby enacted as follows:-- 1. Short title and extent. 1. Short title and extent.-(1) This Act may be called the Minimum Wages Act, 1948. (2) It extends to the whole of India 2***. 2. Interpretation. 2. Interpretation.- In this Act, unless there is anything repugnant in the subject context,-- 3*[(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa) "adult" means a person who has completed his eighteenth year of age;] (b) "appropriate Government" means,-- (i) in relation to any scheduled employment carried on by or under the authority of the 4*[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 5*[a Central Act], the Central Government, and (ii) in relation to any other scheduled employment, the State Government; 6*[(bb) "child" means a person who has not completed his fourteenth year of age;] (c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification; --------------------------------------------------------------------- 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. and Union Territory of Goa, Daman and Diu by Notification No. G.S.R. 436, dated 16-4-1973, Gazette of India, Pt. II, Sec. 3(i), p. 875. 2 This Act has been amended in Uttar Pradesh by Uttar Pradesh Act 20 of 1960 (w.e.f. 1-1-1960). Bihar by Bihar Act 3 of 1961, Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of 1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of 1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976. 2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 3. Subs. by Act 61 of 1986, s. 23. 4. Subs. by Act 30 of 1957, s. 2, for "Central Government, by a railway administration". 5. Subs. by the A. O. 1950, for "an Act of the Central Legislature". 6. Ins. by Act 61 of 1986, s. 23. 202 (d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment; (e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26,-- (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under 1*[clause (f) of sub- section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages; (f) "prescribed" means prescribed by rules made under this Act; --------------------------------------------------------------------- 1. Subs. by Act 26 of 1954, s. 2, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934". 203 3 (g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment; (h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 1*[and includes house rent allowance], but does not include-- (i) the value of-- (a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge; (i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 2*[Union]. --------------------------------------------------------------------- 1. Ins. by Act 30 of 1957, s. 2. 2. Subs. by the A. O. 1950 for "Crown". 204 3. Fixing of minimum rates of wages. 3. Fixing of minimum rates of wages.- 1*[(1) The appropriate Government shall, in the manner hereinafter provided,-- 2*[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing 4 minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;] (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 3*[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.] (1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time, 4*** the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 5*[as soon as may be after such finding].] (2) The appropriate Government may fix,-- (a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate"); --------------------------------------------------------------------- 1. Subs. by Act 26 of 1954, s. 3, for sub-section (1). 2. Subs. by Act 31 of 1961, s. 2, for cl. (a). 3. Added by Act 30 of 1957, s. 3. 4. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2. 5. Subs. by s. 2, ibid., for certain words. 205 (b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate"); (c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate"); (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate"). 1*[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947.) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the 5 notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.] (3) In fixing or revising minimum rates of wages under this section,-- (a) different minimum rates of wages may be fixed for-- (i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities; 2*[(b) minimum rates of wages may be fixed by

(iv) different localities; 2*[(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:-- (i) by the hour, --------------------------------------------------------------------- 1. Ins. by Act 31 of 1961, s. 2. 2. Subs. by Act 30 of 1957, s. 3, for the original clause, excluding the proviso. 206 (ii) by the day, (iii) by the month, or (iv) by such other larger wage-period as may be prescribed; and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. 4. Minimum rate of wages. 4. Minimum rate of wages.-(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of-- (i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or (ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or (iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. 6 (2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government. 5. Procedure for fixing and revising minimum wages. 1*[5. Procedure for fixing and revising minimum wages.- (1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-- (a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or --------------------------------------------------------------------- 1. Subs. by Act 30 of 1957, s. 4, for the original section. 206A (b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. (2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise 207 provides, it shall come into force on the expiry of three months from the date of its issue: Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub- section (1), the appropriate Government shall consult the Advisory Board also.] 6. [Repealed.] 6. [Advisory committees and sub-committees.]-Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), s. 5. 7. Advisory Board. 7. Advisory Board.- For the purpose of co-ordinating the work of 1*[committees and sub-committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board. 7 8. Central Advisory Board. 8. Central Advisory Board.- (1) For the purpose of advising the Central and State Governments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory Boards, the Central Government shall appoint a Central Advisory Board. (2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government. 9. Composition of committees, etc. 9. Composition of committees, etc.- Each of the committees, sub- committees 2*** and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman by the appropriate Government. 10. Correction of errors. 3*[10. Correction of errors.- (1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical --------------------------------------------------------------------- 1. Subs. by Act 30 of 1957, s. 6, for "committees, sub-committees, advisory committees and advisory sub-committees appointed under sections 5 and 6". 2. The words "advisory committees, advisory sub-committees" omitted by s. 7, ibid. 3. Subs. by s. 8, ibid., for the original section. 208 mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission. (2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information.] 11. Wages in kind. 11. Wages in kind.-(1) Minimum wages payable under this Act shall be paid in cash. (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind. 8 (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concession rates. (4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner. 12. Payment of minimum rates of wages. 12. Payment of minimum rates of wages.- (1) Where in respect of any scheduled employment a notification under section 5 1*** is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed. (2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936). 13. Fixing hours for a normal working day, etc. 13. Fixing hours for a normal working day, etc.-2*[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may-- (a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; --------------------------------------------------------------------- 1. The words and figures "or section 10" omitted by Act 30 of 1957, s. 9. 2. S. 13 re-numbered as sub-section (1) of that section by s. 10, ibid. 209 (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest; (c) provide for payment for work on a day of rest at a rate not less than the overtime rate. 1*[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed :-- (a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented; (b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over; 9 (e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces. (3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.] 14. Overtime. 14. Overtime.- (1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher. --------------------------------------------------------------------- 1. Added by Act 30 of 1957, s. 10. 210 (2) Nothing in this Act shall prejudice the operation of the provisions of 1*[section 59 of the Factories Act, 1948 (63 of 1948) ] in any case where those provisions are applicable. 15. Wages of worker who works for less than normal working day. 15. Wages of worker who works for less than normal working day.- If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: Provided, however, that he shall not be entitled to receive wages for a full normal working day-- (i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and (ii) in such other cases and circumstances as may be prescribed. 16. Wages for two or more classes of work. 16. Wages for two or more classes of work.-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class. 10 17. Minimum time rate wages for piece work. 17. Minimum time rate wages for piece work.- Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate. 18. Maintenance of registers and records. 18. Maintenance of registers and records.- (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out- workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars. --------------------------------------------------------------------- 1. Sub

work to them, notices in the prescribed form containing prescribed particulars. --------------------------------------------------------------------- 1. Subs. by Act 26 of 1954, s. 4, for "section 47 of the Factories Act, 1934". 211 (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. 19. Inspectors. 19. Inspectors.- (1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions. (2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed-- (a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein; 11 (c) require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; 1*[(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and] (e) exercise such other powers as may be prescribed. --------------------------------------------------------------------- 1. Subs. by Act 30 of 1957, s. 11, for the original clause. 212 (3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1*[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).] 20. Claims. 20. Claims.- (1) The appropriate Government may, by notification in the Official Gazette, appoint 2*[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 3*[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area. (2) 4*[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on which the minimum wages 3*[or other amount] became payable: Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period. 5*[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, --------------------------------------------------------------------- 1. Ins. by Act 30 of 1957, s. 11. 2. Subs. by s. 12, ibid., for "any Commissioner for Workmen's Compensation or". 3. Ins. by s. 12, ibid. 4. Subs. by s. 12, ibid., for "Where an employee is paid less than the minimum rates of wages fixed for his class of work under 12 this Act". 5. Subs. by s. 12, ibid., for the original sub-section. 213 as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct-- (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess; (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees, and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.] (4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application. (5) Any amount directed to be paid under this section may be recovered-- (a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate. (6) Every direction of the Authority under this section shall be final. (7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). 21. Single application in respect of a number of employees. 21. Single application in respect of a number of employees.- (1) 1*[Subject to such rules as may be prescribed, a single application] may be presented under section 20 on behalf or in respect --------------------------------------------------------------------- 1. Subs. by Act 30 of 1957, s. 13, for "A single application". 214 of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess 1*[or ten rupees per head, as the case may be]. (2) The Authority may deal with any number of separate pending 13 applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly. 22. Penalties for certain offences. 2*[22. Penalties for certain offences.- Any employer who-- (a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or (b) contravenes any rule or order made under section 13, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20. 22A. General provision for punishment of other offences. 22A. General provision for punishment of other offences.- Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees. 22B. Cognizance of offences. 22B. Cognizance of offences.- (1) No Court shall take cognizance of a complaint against any person for an offence-- (a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer --------------------------------------------------------------------- 1. Added by Act 30 of 1957, s. 13. 2. Ss. 22 to 22F subs. by s. 14, ibid., for the original s. 22. 215 authorised by it in this behalf has sanctioned the making of the complaint; (b) under clause (b) of section 22 or under section 22A except on a complaint made by, or with the sanction of, an Inspector. (2) No Court shall take cognizance of an offence-- (a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant 14 of sanction under this section; (b) under section 22A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed. 22C. Offences by companies. 22C. Offences by companies.- (1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm means a partner in the firm. 22D. Payment of undisbursed amounts due to employees. 22D. Payment of undisbursed amounts due to employees.- All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the 216 employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed. 22E. Protection against attachment of assets of employer with Government. 22E. Protection against attachment of assets of employer with Government.-Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any dec

from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or 15 liability incurred by the employer towards any employee employed in connection with the contract aforesaid. 22F. Application of Payment of Wages Act, 1936, to scheduled employments. 22F. Application of Payment of Wages Act, 1936, to scheduled employments.- (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936). the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification. (2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.] 23. Exemption of employer from liability in certain cases. 23. Exemption of employer from liability in certain cases.- Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged: Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf 216A of the person whom the employer charges as the actual offender and by the prosecution. 24. Bar of suits. 24. Bar of suits.- No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed-- (a) forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff, or (b) has formed the subject of a direction under that section in favour of the plaintiff, or 16 (c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or (d) could have been recovered by an application under that section. 25. Contracting out. 25. Contracting out.- Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act. 26. Exemptions and exceptions. 26. Exemptions and exceptions.- (1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees. (2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 1*[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment. 2*[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 1*[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class 1*[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may --------------------------------------------------------------------- 1. Ins. by Act 30 of 1957, s. 15. 2. Ins. by Act 26 of 1954, s. 5. 216B think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.] (3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him. Explanation.--In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister. 27. Power of State Government to add to Schedule. 27. Power of State Government to add to Schedule.- The appropriate Government, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like 17 notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly. 28. Power of Central Government to give directions. 28. Power of Central Government to give directions.- The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. 29. Power of the Central Government to make rules. 29. Power of the Central Government to make rules.- The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules1* prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board. 30. Power of appropriate Government to make rules. 30. Power of appropriate Government to make rules.- (1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may-- (a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, sub- committees, 2*** and the Advisory Board; --------------------------------------------------------------------- 1. For the Minimum Wages (Central) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 781. 2. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16. 216C (b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter of the enquiry before the committees, sub-committees, 1*** and the Advisory Board; (c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates; (d) prescribe the time and conditions of payment of, and the deductions permissible from, wages; (e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act; (f) provide for a day of rest in every period of seven days 18 and for the payment of remuneration in respect of such day; (g) prescribe the number of hours of work which shall constitute a normal working day; (h) prescribe the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day; (i) prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records; (j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips; (k) prescribe the powers of Inspectors for purposes of this Act; (l) regulate the scale of costs that may be allowed in proceedings under section 20; (m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and (n) provide for any other matter which is to be or may be prescribed. --------------------------------------------------------------------- 1. The words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, s. 16. 216D 30A. Rules made by Central Government to be laid before Parliament. 1*[30A. Rules made by Central Government to be laid before Parliament.- Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 31. Validation of fixation of certain minimum rates of wages. 2*[31. Validation of fixation of certain minimum rates of wages.- Where during the period-- (a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or (b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or 19 (c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961), minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957, (30 of 1957) or the Minimum Wages (Amendment) Act, 1961, (31 of 1961) as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed: Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.] --------------------------------------------------------------------- 1. Ins. by Act 31 of 1961, s. 3. 2. Subs. by s. 4, ibid., for s. 31. 216E

THE ESSENTIAL COMMODITI ES ACT, 19551 ACT NO. 10 OF 1955 [1st April , 1955 .] An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. BE it enacted by Parliament in the Six th Year of the Republic of India as follows: 1. Short title and extent .(1) This Act may be called the Essential Commodities Act, 1955 . (2) It extends to the whole of India 2***. 2. Definitions .In this Act, unless the context otherwise requires, 3[(ia) Collector includes an Additional Collector and such other officer, not below the rank of Sub -Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;] 4* * * * * (b) food-crops include crops of sugarcane; (c) notified order means an order notified in the Official Gazette; 5[(cc) order includes a direction issued thereunder;] 6[(d) State Government, in relation to a Union territory, means the administrator thereof;] 5[(e) sugar means (i) any form of sugar containing more than ninety per cent, of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed sugar or any sugar i n crystalline or powdered form; or (iii) sugar in process in va cuum pan sugar factory or raw sugar produced therein.] STATE AMENDMENT Maharashtra Amendment of section 2 of Act 10 of 1955. --In section 2 of the Essential Commodities Act, 1955 (10 of 1955), in its application to the State of Maharashtra, -- (a) for clause (ia), the following clause shall be substituted, namely: -- "(ia) "Collector" in any Rationing Area means the Controller of Rationing designated for that area and includes the Deputy or Assistant Controller or Rationing; and elsewhere, the Collector of the District and includes Additional, Deputy or Assistant Collector, Sub - Divisional Officer and District Supply Officer within his respective jurisdiction;"; (b) clause (ai) shall be deleted. [Vide Maharashtra Act 6 of 2003, s. 2] 1. Extended to Goa, Daman and Diu with modification by Regulation 12 of 1962, section 3 and Schedule, to Dadra and Nagar Hav eli by Regulation 6 of 1963, section 3 and Schedule I and to Lakshadweep and Amindivi Islands by Regulation 8 of 1965, section 3 and Schedule, to the State of Sikkim vide S.O. 28(E), dated 7th January, 1976 (w.e.f. 7 -1-1976). This Act has been amended in Maharashtra by Maha rashtra Act 71 of 1976, in Orissa by Orissa Act, 8 of 1976, in Uttar Pradesh by Uttar Pradesh Acts 9 of 1974, 18 of 1975, 39 of 1975 and 16 of 1978. 2. The words except the State of Jammu and Kashmir omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15 -8-1968). 3. Ins. by Act 92 of 1976, s. 2 (w.e.f. 2 -9-1976). 4. Clause ( c) omitted by Act 54 of 2006, s. 2 (w.e.f. 12 -2-2007). 5. Ins. by Act 36 of 1967, s. 2 (w.e.f. 30 -12-1967). 6. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause ( d). 3 Uttar Pradesh Amendment of s ection 2 of Act X of 1955. In section 2 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, hereinafter called the principal Act, before clause (a), the following clause shall be inserted namely: -- (aa) Collector incl udes such officer not below the rank of an Assistant Collector of the first class as may be authorized by the Collector to exercise the powers conferred on him by or under the provisions of this Act; [Vide Uttar Pradesh Act 18 of 1975, s. 3] Amendment of section 2 of Act 10 of 1955 .In section 2 of the Essential Commodities act, 1955 (hereinafter referred to as the principal Act). Clause (aa) as inserted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, hereinafter referred to as the Uttar Pradesh Amendment, shall stand omitted with effect from September 2, 1976, the date of the commencement of the Essential Commodities (Amendment) Act, 1976, hereinafter referred to as the Central (Amendment). [Vide Uttar Pradesh Act XVI of 1978, s. 2] 1[2A. Essential commodities declaration , etc.(1) For the purposes of this Act, essential commodity means a commodity specified in the Schedule. (2) Subject to the provisions of sub -section ( 4), the Central Government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the Official Gazette, amend the Schedule so as to (a) add a commodity to the said Schedule; (b) remove any commodity from the said Schedule, in consultation with the State Governments. (3) Any n otification issued under sub -section ( 2) may also direct that an entry shall be made against such commodity in the said Schedule declaring that such commodity shall be deemed to be an essential commodity for such period not exceeding six months to be speci fied in the notification: Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months. (4) The Central Government may exercise its powers under sub -section ( 2) in respect of the commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution. (5) Every notification issued under sub -section ( 2) shall be laid, as soon as ma y be after it is issued, before both Houses of Parliament.] 3. Powers to control production, supply, distribution, etc., of essential commodities .(1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, 2[or for securing any essential commodity for the defence of India or the efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. 3* * * * * 1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12 -2-2007). 2. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30 -12-1967). 3. Sub-section ( 1A) omitted by Act 40 of 202 1, s. 3 (w.e.f. 30-11-2021). 4 (2) Without prejudice to the generality of the powers conferred by sub -section ( 1), an order made thereunder may provide (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food -crops ge nerally or of specified food -crops, and for otherwise maintaining or increasing the cultivation of food -crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regula ting by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition , use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 1[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity, (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in th e case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Gove rnment or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.An order made under this clause in relation to food grains, edible oilseeds or edible oils, may, having regard to the estimated production, in t he concerned area, of such food grains, edible oilseeds and edible oils, fix the quantity to be sold by the prod ucers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 2*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in t he production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specif ied in the order; 1. Subs. by Act 9 2 of 1976, s. 3, for clause ( f). 2. The words or cotton textiles om itted by Act 54 of 2006, s. 4 (w.e.f. 12 -2-2007). 5 1[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such lic ence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 2[(j) for any incidental and s upplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make suc h entry, search or examination, (i) of any articl es in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such article s, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited u nder the provisions of this Act; 3[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extract s therefrom in the presence of an officer having the custody of such books of accounts or documents.] ] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause ( f) of sub -section ( 2), there shall be paid to him the price therefore as hereinafter provided: (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause ( a) nor clause ( b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 4[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food -stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub -section ( 3), the price at which the food -stuff shall be sold in the locality in compliance with an order made with reference to clause ( f) of sub -section ( 2) shall be regulated in accordance with the provisions of this sub -section. (ii) Any notification issued under this sub -section shall remain in fo rce for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub -section, any person sells foodstuff of the kind specified therein and in the locality so specified, in com pliance with an order made with reference to clause ( f) of sub -section ( 2), there shall be paid to t he seller as the price therefor (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, b e agre ed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; 1. Ins. by Act 17 of 1961, s. 2. 2. Subs. b y Act 66 of 1971, s. 2, for clause (j) (w.e.f

Subs. b y Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23 -12-1971). 3. Subs. by Act 92 of 1976, s. 3, for sub -clause ( iii). 4. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4 -6-1957). 6 (c) where neither clause ( a) nor clause ( b) applies, the price calculated with reference to average market rate prev ailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub -clause ( c) of clause ( iii), the average market rate prevailing in the locality shall be determined by an officer autho rised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 1[(3B) Where any person is required, by an order made with reference to clause ( f) of sub -section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Governmen t, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section ( 3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub -section ( 3), an amount equal to the procurement price of such food grains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force fo r such grade or variety of food grains, edible oi lseeds or edible oils; (b) the general crop prospects; (c) the need for making such gra de or variety of food grains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the con cerned grade or variety of food grains, edible oilseeds or edible oils.] 2[(3C) Where any producer is required by an order made with reference to clause (f) of sub-section ( 2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub -section ( 3A) or otherwise, then, notwithstanding anything contained in sub -section ( 3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008 -2009, the final determination of price may be undertaken in accordance with the provisions of this sub -section as it stood immediately before the 1st day of October, 2009. Explanation 3[I]. For the purposes of this sub -section, 1. Subs. by Act 92 of 1976, s. 3, for sub -section ( 3B). 2. Subs. by Act 36 of 2009, s. 2, for sub -section ( 3C) and the Explanations (w.e.f. 1-10-2009). 3. The e xisting Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1 -10-2009). 7 (a) fair and remunerative price means the price of sugarcane determined by the Central Government under this section; (b) manufacturing cost of sugar means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of s ugarcane from the purchase cent re to the factory gate, to the extent it is borne by the producer; (c) producer means a person carrying on the business of manufacturing sugar; (d) reasonable return on the cap ital employed means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 1[Explanation II .For the removal of doubts, it is hereby declared that the expressions fair and remunerative price referred to in clause ( a), manufacturing cost of sugar referred to in clause ( b) and reasonable return on the capital employed referred to in clause ( d), of this sub -section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co -operative society.] 2[(3D) The Central Governmen t may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the pr emises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub -section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause ( e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transf er of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, del ivery and distribution of any kind of sugar in the manner specified in the direction. Explanation .For the purposes of sub -section ( 3D) and this sub -section, (a) producer means a person carrying on the business of manufacturing sugar; (b) recognised de aler'' means a person carrying on the business of purchasing, selling or distributing sugar; (c) sugar includes plantation whi te suga r, raw sugar and refined sugar, whether indigenously produced or imported. ] (4) If the Central Government is of opinion t hat it is necessary so to do for maint aining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof, (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in -charge of the management of the undertaking, except in so far as may be specifically provided by the order; and 1. Explanation II ins. by Act 35 of 2010, s. 2 (w.e.f. 1 -10-2009). 2. Ins. by Act 37 of 2003, s. 2 (w.e.f.14 -6-2009). 8 (b) the undertaking or part shall be carried on in accordance with any directions given b y the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall, (a) in the case of a n order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourh ood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENT Uttar Pradesh Amendment of section 3 of Act X of 1955. In section 3 of the principal Act, in sub -section (2), after clause (f), the following clause shall be inserted, namely: -- (ff) for preventing the hoarding of any essential commodity; [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3 .In section 3 of the principal Act, -- (a) in sub -section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely (f) for requiring any person holding in stock, or engaged i n the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or receive d or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation. --An order relating to food grains made with reference to this clause, -- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricult ural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer wit h reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregat e area held by or under the cultivation of different producers." (b) in sub -section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely: -- 9 "(c) in the case of food grains, where neither c lause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub -section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely: -- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub -section (2), the amount specifi ed in the said Order made with reference to clause (f) of sub -section (2) for such grade or variety of food grains; or " [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955 .In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub -section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub -clause shall be substitut ed and be deemed always to have been substituted Namely: -- (II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relat es, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 o f 1955 .(1) In section 3 of the principal Act, in sub - section (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted w ith effect from the date of the commencement of the Central Amendment. (2) In the said sub -section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely: -- Explanation I -A.An ord er made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis. (3) In the said section 3, sub -section (3 -B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3] 4. Imposition of duties on S tate Government s, etc .An order made under section 3 may

. 3] 4. Imposition of duties on S tate Government s, etc .An order made under section 3 may confer powers and impose duties upon the Central Government or the State Government or officers and authorities of Central Government or State Government, and may contain directions to any State Gove rnment or to officers and authorities thereof as to the exercise of any such powers or the discharge of any such duties. 5. Delegation of powers .The Central Government may, by notified order, direct that 1[the power to make orders or issu e notifications u nder section 3 ] shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by (a) such officer or authority subordinate to the Central Government , or 1. Subs. by Act 66 of 1971, s. 3, for the power to make orders under section 3 (w.e.f. 23 -12-1971). 10 (b) such State Government or su ch officer or such authority sub ordinate to a State Government , as may be specified in the direction. 6. Effect of orders inconsistent with other enactments .Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith c ontained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. 1[6A. Confiscation of essential commodity . 2[(1)] Where any 3[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 4[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or th e Presidency town in which such 5[essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector 6[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 7[may ord er confiscation of (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:] Provided that without prejudice to any action which may be taken under any other provision of this Act, no food grains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a pro ducer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: 8[Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.] 9[(2) Where the Coll ector, on receiving a report of seizure or on inspection of any essential commodity under sub -section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, h e may (i) order the same to be sold at the cont rolled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or (ii) where no such price is fixed, order the same to be sold by public auction: Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State Government, as the case m ay be, for the retail sale of such foodgrains to the public. (3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, sha ll (a) where no order or confiscation is ultimately passed by the Collector, (b) where an order passed on appeal under sub -section ( 1) of section 6C so requires, or 1. Ins. by Act 25 of 1966, s. 3 (w. e.f. 3 -9-1966). 2. Section 6A renumbered as sub -section ( 1) thereof by Act 92 of 1976, s. 4 (w.e.f. 2 -9-1976). 3. Subs. by Act 36 of 1967, s. 4, for foodgrains, edible oil seeds or edible oils are seized (w.e.f. 30 -12-1967). 4. Subs. by Act 92 of 1976, s. 4, for it may be produced without any unreasonable delay, before (w.e.f. 2 -9-1976). 5. Subs. by Act 36 of 1967, s. 4, for food grains, edible oil seeds or edible oils are seized (w.e.f. 30 -12-1967). 6. Subs. by Act 92 of 1976, s. 4, for if satisfie d (w.e.f. 2 -9-1976). 7. Subs. b y Act 30 of 1974, s. 4, for may order confiscation of th e essential commodity so seized (w.e.f. 22 -6-1974). 8. Ins. by Act 92 of 1976, s. 4 . 11 (c) where in a prosecution instituted for the contravention of the order in respect of whi ch an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized.] STATE AMENDMENT Uttar Pradesh Substitution of new section for section 6 -A.The following se ction shall be substituted, namely "6A Confiscation of seized commodities ,--(1) Where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without any unreasonable delay be sen t to the Collector within whose jurisdiction the seizure is made, and the Collector may, if he thinks it expedient so to so, inspect or cause to be inspected such essential commodity, and whether or not a prosecution is instituted for the contravention of such order, the Collector, if satisfied that there has been contravention of the order, may order confiscation of - (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any anima l, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that without prejudice to any action that may be taken under any other provision of this Act, no food grains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized food grains or edible oilseeds have been produced by him, be confiscated under this section: Provided further that where any animal, vehicle, vessel or other conveyance is used for th e carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay in lieu of its confiscation a fine not exceeding the market price at the date of seizure of the essential commodity so ught to be carried. (2) Where the Collector on receiving a report of seizure or on inspection of any essential commodity under sub -section (1) is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise ex pedient in the public interest so to so , he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force; or where no such price is fixed by auction: Provided that, in the case of food grains where there is no controlled price, the Collector may order the food grains seized to be sold through fair price shops at the price fixed by the Central Government or the State Government as the case may be for the sale of such food grains to the public through these sh ops: Provided also that, whenever it is practicable so to so, having regard to the nature of the essential commodity, he shall take and preserve sample of the same before its sale or auction. (3) Where any essential commodity is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of the sale or auction, as the case may be, shall (a) where no order of confiscation is ultimately passed by the Collector; or (b) where an order passed, on appeal under sub -clause (1) of section 6C so r equires; or (c) in the case of a prosecution being instituted for the contravention of the order in respect of which an order of confiscation has been made under be paid to the owner thereof or the person from whom it is seized: Provided that, in the case of food grains sold through fair price shops in accordance with the first proviso to sub -section (2) the owner shall be paid for the food grains so sold the price fixed by the State Government, for retail sale of such food grains through such shops, less all expenses of sale or auction under sub -section (2)."] 12 [Vide Uttar Pradesh Act 18 of 1975, s. 5] Substitution of sections 6 -A and 6 -C.In the principal Act, for sections 6 -A and 6 -C as amended or substituted by the Uttar Pradesh Amendment, sections 6 -A and 6 -C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] 6B. Issue of show cause notice before confiscation of food grains, etc. 1[(1)] No order confiscating 2[any 3[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance] shall be made under section 6A unless the owner of such 2[essential commod ity] package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom 4[it is seized] (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 3[essential commodity] package , covering, receptacle, animal, vehicle, vessel or other conveyance]; (b) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and (c) is given a reason able opportunity of being heard in the matter. 5[(2) Without prejudice to the provisions of sub -section ( 1), no order co nfiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 6[(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause ( a) of sub -section ( 1), if, in giving such notice, the provisions of that clause have been substantially complied with.] STATE AMENDMENT Uttar Pradesh Insertion of new section 6BB .After section 6 -B of the principal Act, the following section shall be inserted, namely: -- "6BB. Review .--(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparen t on the face of the record (including any mistake of law) he may within one month of such order issue notice to the owner of the essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance, or, as the case may be, the p erson from whom it was seized, to show cause why that order should not be reviewed, and after giving him a reasonable opportunity of being heard, pass such order on review as he thinks fit. (2) The provisions of sections 6C and 6D shall apply in relation t o an order passed originally under section 6A." [Vide Uttar Pradesh Act 18 of 1975, s. 6] 6C. Appeal.(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appea l to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving 1. Section 6B renumbered as sub -section ( 1) thereof by Act 30 of 1974, s. 5 (w.e.f. 22 -6-1974). 2. Subs. by Act 36 of 1967, s. 5, for any food grain, edible oilseeds or edible oils (w.e.f. 30 -12-1967). 3. Subs . by Act 30 of 1974, s. 5, for essential commodity (w.e.f. 22 -6-1974). 4. Subs . by Act 36 of 1967, s. 5, for they are seized (w.e.f. 30 -12-1967). 5. Ins. by Act 30 o f 1974, s . 5 (w.e.f. 22 -6-1974).) 6. Ins. by Act 92 of 1976, s . 5 (w.e.f. 2 -9-1976). 13 an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed a gainst. (2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acqu

the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 1[return the essential commodity seized ], 2[such persons shall, except as provided by sub -section ( 3) of section 6A, be paid] the price therefore 3[as if the essential commodi ty,] had been sold to the Government with reasonable interest calculated from the day of the seizure of 4[the essential commodity] 5[and such price shall be determined (i) in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of sub -section ( 3B) of section 3; (ii) in the case of sugar, in accordance with the provisions of subsection ( 3C) of section 3 ; and (iii) in the case of an y other essential commodity, in accordance with the provisions of sub - section ( 3) of section 3. ] STATE AMENDMENT S Uttar Pradesh Amendment of section 6 -C.In sub -section (2) for the words "such person shall be paid", the words "such person shall, except as provided by sub -section (3) of Section 6 -A, be paid" shall be substituted. [Vide Uttar Pradesh Act 18 of 1975, s. 7] Substitution of sections 6 -A and 6 -C.In the principal Act, for sections 6 -A and 6 -C as amended or substituted by the Uttar Pradesh Amen dment, sections 6 -A and 6 -C respectively, as amended or substituted by the Central Amendment, shall be and be deemed with effect from the date of commencement of the Central Amendment to have been substituted. [Vide Uttar Pradesh Act XVI of 1978, s. 4] 6D. Award of confiscation not to interfere with other punishments .The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.] 6[6E. Bar of jurisdiction in certain cases .Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential com modity is seized pendi ng confiscation under section 6 A, the Collector, or, as the case may be, the State Government concerned under section 6 C shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehi cle, vessel or other conveyance.] 1. Subs . by Act 36 of 1967, s. 6, for return the food grains or edible oilseeds or edible oils seized (w.e.f. 30 -12-1967). 2. Subs. by Act 92 of 1976, s. 6, for such person shall be paid . 3. Subs. by Act 36 of 1967, s. 6, for as if the food grains, edible oilseeds or ed ible oils, as the case may be, (w.e.f. 30 -12-1967). 4. Subs. by s. 6, ibid., for articles (w.e.f. 30-12-1967). 5. Subs. by s. 6, ibid., for and s uch price shall be determined in accordance with the provisions of sub -section ( 3B) of section 3 (w.e.f. 30 -12-1967). 6. Subs. by Act 42 of 1986, s. 2 , for section 6E (w.e.f. 9 -9-1986). 14 7. Penalties .1[(1) If any person contravenes any order made under Section 3 , (a) he shall be punishable, (i) in the case of an order made with reference to clause ( h) or clause ( i) of sub -section ( 2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months; (b) any property in respect of which the order has been contravened shall be forfeited to the Government; (c) any p ackage, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders , be forfeited to the Government. (2) If any person to wh om a direction is given un der clause ( b) of sub -section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months. (2A) If any person convicted of an offence under sub -clause ( ii) of clause ( a) of sub -section (1) or under sub -section ( 2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seve n years a nd shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. (2B) For the purposes of sub -sections ( 1), (2) and ( 2A), the fact that an offence under sub -clause (ii) of clause ( a) of sub -section ( 1) or under sub -section ( 2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence o f imprisonment for a term of less than three months or six months, as the case may be. 2[(3) Where a person having been convicted of an offence under sub -section ( 1) is again convicted of an offence under that sub -section for contravention of an order in r espect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub -section, by order, direct that that person shall not carry on any business in that essential commodit y for such period , not being less than six months, as may be specified by the Court in the Order. ] 3[7A. Power of Central Government to recover certain amounts as arrears of land revenue.(1) Where any person, liable to (a) pay any amount in pursuance of any order made under section 3, or (b) deposit any amount to the credit of any Account or Fund constituted by or in pursuance of any order made under that section, makes any default in paying or depositing the whole or any part of such amount, the amount i n respect of which such default has been made shall [whether such order was made before or after the commencement of the Essential Commodities (Amendment) Act, 1984 (34 of 1984), and whether the 1. Subs. by Act 30 of 1974, s. 6, for sub -sections ( 1) and ( 2) (w.e.f. 22 -6-1974). 2. Ins. by Act 36 of 1967, s. 7 (w.e.f. 30 -12-1967). 3. Ins. by Act 34 of 1984, s. 2 (w.e.f. 1 -7-1984). 15 liability of such person to pay or deposit such amount arose before or after such commencement ] be recoverable by Government together with simple interest due thereon computed at the rate of 1[fifteen per cent.] per annum from the date of such default to the date of recovery of such amount, as an arrear of land reve nue 2[or as a public demand]. (2) The amount recovered under sub-section ( 1) shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. (3) Notwithstanding anything contained in any other law for the tim e being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any Government from recovering any amount as an arrear of land revenue 4[or as a public demand] in pursuance of the provisions of sub -section ( 1). (4) If any order, in pursuance of which any amount has been recovered by Governmen t as an arrear of land revenue 4[or as a public demand] under subsection ( 1) is declared by a competent court, after giving to the Government a reasonable opportunity of being heard, to be invalid, the Government shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of 1[fifteen per cent.] per annum, from the date of recovery of such amount to the date on which such refund is made. Explanation .For the purposes of this section, Government means the Government by which the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any Government, that Government.] STATE AMENDMENT Rajasthan Insertion of new section 7A in Central Act 10 of 1955. - After section 7 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), in its application to the State of /br/hr1 , the following new section shall be inserted, namely: - "7A. Forfeiture of cert ain property used in the commission of the offence. -Whenever any offence relating to foodstuffs which is punishable under section 7 has been committed, the Court shall direct that all the packages, coverings or receptacles in which any property liable to b e forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the Government: Provided that if the Court is of opinion that it is not necessary to direct for feiture in respect of all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances or any of them, it may, for reasons to be recorded, refrain from doing so." [Vide Rajasthan Act 32 of 1960, s. 2] 8. Attempts and abet ment .Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order. 9. False statement .If any person, (i) when required by any order made under section 3 to make any st atement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (ii) makes any such stateme nt as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 3[five years,] or with fine, or with both. 10. Offences by companies .(1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the busines s of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 42 of 1986, s. 3, for six per cent. (w.e.f. 8 -9-1986). 2. Ins. by s . 3, ibid (w.e.f. 8 -9-1986). 3. Subs. by Act 36 of 1967, s. 8, for three years (w.e.f. 30 -12-1967). 16 Provided that nothing contained in this sub -section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been commit ted by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation .For the purposes of this section, (a) company means any body corporate, and includes a firm or other association of individuals; and (b) director in relation to a firm means a partner in the firm. 1[10A. Offences to be cognizable .Notwithstanding any thing contained in 2[the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be cognizable 3***]. 4[10B. Power of court to publish name, place of business, etc., of companies convicted under the Act.(1) Where any c ompany is convicted under this Act, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars a s the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct. (2) No publication under sub -section ( 1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub -section ( 1) shall be recover able from the company as

posed of. (3) The expenses of any publication under sub -section ( 1) shall be recover able from the company as if it were a fine imposed by the court. Explanation .For the purposes of this section, company has the meaning assigned to it in clause ( a) of the Explanation of section 10.] 10C. Presumption of culpable mental state .(1) In any prosecution for any offence under this Act which requires a culpable mental s tate on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation .In this section, culpable mental state includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond rea sonable doubt and not merely when its existence is established by a preponderance of probability.] 11. Cognizance of offences .No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of I860) 5[or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not]. 6[Explanatio n.For the purposes of this section and section 12AA, recognised consumer association means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.] 1. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30 -12-1967). 2. Subs . by Act 30 of 1974, s . 7, for the Code of Criminal Procedure, 1898 (5 of 1898) (w.e.f. 22 -6-1974). 3. The words and bailable omitted by s . 7, ibid. (w.e.f. 22 -6-1974). 4. Ins. by s. 8, ibid. (w.e.f. 22 -6-1974). 5. Ins. by Act 73 of 1986, s. 2 (w.e.f. 1 -5-1987). 6. Added by s. 2, ibid. (w.e.f. 1 -5-1987). 17 STATE AMENDMENT Uttar Pradesh Amendment of section 11 .In section 11 of the principal Act, for the words by person who is a public servant as defined in section 21 of the Indian Penal Code, the words by order of, or under authority from the District Magistrate or such other officer a s may be empowered by the State Government by general or special order in this behalf shall be substituted. [Vide Uttar Pradesh Act 9 of 1974, s. 7] 1[12. Special provision regarding fine .Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of contravening an y order made under section 3. ] 2[12A. Power to try summarily .(1) If the Central Government is of opinion that a situation has arisen where, in the in terests of production, supply or distribution of 3[any essential commodity not being an essential commodity referred to in clause ( a) of sub -section ( 2)] or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this sec tion, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament: 4[Provided that (a) every such notification issued after the commencement of the Essential Commodities (Amendment) Act, 1971, shall, u nless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the Official Gazette; (b) every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to o perate at the expiration of two years after such commencement: Provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate.] 5[(2) Notwithstanding any thing contained in the Code of Criminal Procedure, 1973 (2 of 1974) all, offences relating to (a) the contravention of an order made under section 3 with respect to 6* * * * * (ii) foodstuffs, including edible oilseeds and oil; or (iii) drugs; and (b) where any notification issued under sub -section ( 1) in relation to a special order is i n force, the contravention of such special order, shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 2 65 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not e xceeding one year: 1. Subs. by Act 30 of 1974, s. 9 (w.e. f. 22-6-1974). 2. Ins. by Act 47 of 1964, s. 2. 3. Subs. by Act 30 of 1974, s. 10, for any essential com modity (w.e.f. 22 -6-1974). 4. Added by Act 66 of 1971, s. 5 (w.e.f. 23 -12-1971). 5. Subs. by Act 30 of 1974, s. 10, for sub -section ( 2) (w.e.f. 22 -6-1974). 6. Sub-clause ( i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12 -2-2007). 18 Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year ma y have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to he ar or re-hear the case in the manner provided by the said Code.] (3) Notwithstanding anything to the contrary contained in 1[the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 2[and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under 3[section 452] of the said Code is made i n addition to such sentences, but an appeal shall lie where any sentence 4*** in excess of the aforesaid limits is passed by the Magistrate. 5[(4) All cases relating to the contravention of an order referred to in clause ( a) of sub -section ( 2), not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub - section ( 1) in relation to a special order, all cases relating to the co ntravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] 6[12B. Grant of injunction, etc., by civil courts .No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his offi cial capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] 13. Presumption as to orders .Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872 (1 of 1872). 14. Burden of proof in certain cases .Wher e a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has suc h authority, permit, licence or other document shall be on him. 15. Protection of action taken under Act .(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3. (2) No suit or other legal proceeding shall lie against the Gov ernment for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3. 1. Subs. by Act 30 of 1974, s. 10, for the Code of Crimi nal Procedure, 1898 (5 of 1898) (w.e.f. 22 -6-1974). 2. Subs. by Act 30 of 1974, s. 10, for or of fine not exceedi ng two thousand rupees or both (w.e.f. 22 -6-1974). 3. Subs. by s. 10, ibid., for section 517 (w.e.f. 22 -6-1974). 4. The words of imprisonment or fine omitted by s. 10, ibid. (w.e.f. 22 -6-1974) . 5. Subs . by s. 10, ibid., for sub -section ( 4) (w. e.f. 22 -6-1974 ). 6. Ins by Act 30 of 1974, s. 11 (w.e.f. 22 -6-1974). 19 1[15A. Prosecution of public servants .Where any person who is a public servant is accused o f any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction (a) of the C entral Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union; (b) of the State Government, in the case of a person who is emplo yed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the State.] 16. Repeals and savings .(1) The following laws are hereby repealed: (a) the Essential Commodities Ordinance, 1955 (1 of 1955); (b) any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. (2) Notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this Act, shall, in so far as such order may be made under this Act, be deemed to be made under this Act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this Act. (3) The provision of sub -section ( 2) shall be without prejudice to the provision contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the Ordinance or other law referred to in sub -section ( 1) as if such Ordinance or other law had been an enactment. 1. Ins. by Act 92 of 1976, s. 8 (w.e.f. 2 -9-1976). 20 1[THE SCHEDULE (See section 2A) ESSENTIAL COMMODITIES (1) drugs. Explanation .For the pu rposes of this Schedule, drugs has the m eaning assigned to it in clause (b) of section 3 of the Drug s and Cosmetics Act, 1940; (2) fertilizer, w hether inorganic, organic or mixed; (3) foodstuffs , including edible oilseeds and oils; (4) hank yarn made wholly from cott on; (5) petroleum and p etroleum products; (6) raw jute HI jute textiles; (7) (i) se

um and p etroleum products; (6) raw jute HI jute textiles; (7) (i) seeds of food -crops and seeds of fruits an d vegetables; (ii) seeds of cattle fodder; and (iii) jute seeds. ] 2[(iv) cotton seed.] 3[(8) masks (2ply & 3ply surgical ma sks, N95 masks) & hand sanitizers.] 1. Ins. by Act 54 of 2006, s. 3 (w.e.f. 12 -2007). 2. Ins. by S.O. 2988(E), dated 22nd December, 2010. 3. Added by Notification No. S.O. 1087(E) (w.e.f. 13 -3-2020).

THE POLICE ACT, 19491 ACT NO. 64 OF 1949 [27th December , 1949.] An Act to provide for the co nstitution of a general police -district embracing two or more 2[Union territories] and for the establishment of a police force therefor. WHEREAS it is expedient to provide for the constitution of a general police -district embracing two or more 2[Union territories] and for the establish ment of a police force therefor; It is hereby enacted as follows : 1. Short title, extent and commencement .(1) This Act may be called the Police Act, 1949. (2) It extends to all the 3[Union territories]. (3) It shall come into force in a 4[Union territor y] on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf for 5[such territory]. 2. Definition. In this Act general police -district means the general police -district constituted under section 3. 3. Constitution of general police -district embracing two or more Union territories. Notwithstanding anything contained in the Police Act, 1861 (5 of 1861), the Central Government may, by notification in the Official Gazette, constitute a general police -district embracing two or more 2[Union territories]. 4. Constitution of one police force for general police -district .The entire police establishment in a general police -district shall be one police force and shall consist of such number of officers and men and shall be constituted in such manner as the Central Government may, by order, direct. 5. Superintendence and administration of police .(1) The superintendence of the police throughout a general police -district shall vest in, and be exerci sed by, the Centra l Government. (2) The administration of the said police force shall vest in an officer, appointed in this behalf by the Central Government, who shall exercise in respect of that police force such of the powers exercisable by an Inspector -General of Police under the Police Act, 1861 (5 of 1 861), as the Central Government may, by notification in the Official Gazette, specify in this behalf. 6. Application of the Police Act, 1861. Save as otherwise expressly provided in this Act, the provisions of the Police Act, 1861 (5 of 1861), shall apply to the police force constituted for the general police -district as if it were one police force constituted for a State, and members of the sai d police force shall have, in every part of 6[any territory] which is included in the general police -district, the same powers, duties and privileges, and shall be subject to the same liabilities, as they would have had, or would have been subject to, as p olice officers if they had formed a police establishment under one State Government. 7. Saving .Nothing in this Act shall be deemed to affect the provisions contained in the Delhi Special Police Establishment Act, 1946 (25 of 1946). 1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule and comes into force in Pondicherry on 1 -10-1963 vide Reg. 7 of 1963, s. 3 and First Schedule in respect of Dadra and Nagar Haveli (w.e.f. 1 -7-1965) by Reg. 6 of 1963, s. 2 and Schedule and Lakshadweep vide Reg. 8 of 1965, s. 3 and Schedule (w.e.f. 1 -10- 1967). 2. Subs. by the Adaptation of Laws (No. 3) Orde r, 1956, for Chief Commissioners Provinces . 3. Subs. , ibid., for Part C States. 4. Subs. , ibid., for Part C State. 5. Subs. , ibid., for such state. 6. Subs. , ibid., for any State.

THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 ACT NO. 24 OF 1997 [28th March , 1997 .] An Act to provide for the establishment of the 1[Telecom Regulatory Authority of India and the Telecom Disputes Settlement and Appellate Tribunal to regulate the telecommunication services, adjudicate disputes, dispose of appeals and to protect the interests of service providers and consumers of the telecom sector, to promote and ensure orde rly growth of the telecom sector] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty -eighth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title , extent and commencement .(1) This Act may be called the Telecom Regulatory Authority of India Act, 1997. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 25th day of January, 1997. 2. Definitions .(1) In this Act, unless the context otherwise requ ires, (a) appointed day means the date with effect from which the Authority is established under sub-section ( 1) of section 3; 2[(aa) Appellate Tribunal means the Telecom Disputes Settlement and Appellate Tribun al established under section 14;] (b) Authority means the Telecom Regulatory Auth ority of India established under sub-section (1) of section 3; (c) Chairperson means the Chairperson of the Authority appointed under sub -section ( 3) of section 3; (d) Fund means the Fund constituted under sub-section ( 1) of section 22; (e) licensee means any person licensed under sub -section ( 1) of section 4 of the Indian Telegraph Act, 1885 (13 of 1885) for providing specified public telecommunication services; 2[(ea) licensor means the Central Government or the telegra ph authority who grants a licenc e under section 4 of the Indian Telegraph Act, 1885 (13 of 1885);] (f) member means a member of the Authority appointed under sub-section ( 3) of section 3 and includes the Chairperson and the Vice -Chairperson; (g) notification means a notification published in the Official Gazette; (h) prescribed means prescribed by rules made under this Act; (i) regulations means regulations made by the Authority under this Act; (j) service provider means the 3[Gove rnment as a service provider] and includes a licensee; (k) telecommunication service means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellula r mobile telephone services) which is made available to users by means of any transmission or reception of 1. Subs. by Act 2 of 2000, s. 2, for Telecom Regulatory Authority of India to regulate the telecommunication services, (w.e.f. 24-1-2000). 2. Ins. by s. 3, ibid. (w.e.f. 24 -1-2000). 3. Subs. by s. 3, ibid., for Government (w.e.f. 24 -1-2000). 4 signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro -magnetic means but shall no t incl ude broadcasting services. 1[Provided that the Central Government may notify other service to be telecommunication service including broadcasting services.] (2) Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the meanings respectively assigned to them in those Acts. (3) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir * shall in relat ion to that State be construed as a reference to the corresponding law, if any, in that State. CHAPTER II TELECOM REGULATORY AUTHORITY OF INDIA 3. Establishment and incorporation of Authority .(1) With effect from such date as the Central Government may, by notification appoint, there shall be established, for the purposes of this Act, an Authority to be called the Telecom Regulatory Authority of India. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 2[(3) The Authority shall consist of a Chairpers on, and not mor e than two whole -time mem bers and not more than two part -time members, to be appointed by the Central Government. ] (4) The head office of the Authority shall be at New Delhi. 3[4. Qualifications for appointment of Chairperson and other members .The Chairperson and other members of the Authority shall be appointed by the C entral Government from amongst persons who have special knowledge of, and professional experience in , telecommunication, industry, finance, accountancy, law, management or consumer a ffairs: Provided th at a person who is, or has been , in the service of Government shall not be appointed as a member unless such person has held the post of Secretary or Additional Secretary, or the post of Additional Secretary and Secretary to the Governme nt of India or any equivalent post in the Central Government or the State Government for a period of not less than three years. ] 5. Term of office, conditions of service, etc., of Chairperson and other members .(1) Before appointing any person as the Chair person or member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member. 4[(2) The Chairperson and other members shall hold office fo r a term not exceeding three years , as the Central Government may notify in this behalf, from the date on which they enter upon their offices or until they attain the age of sixty -five years, whichever is earlier. (3) On the commencement of the Telecom Regulatory Authority of India (Amendment ) Act, 2 000 (2 of 2000) , a person appointed as Chairperson of the Authority and every other person appointed as member and holding office as such immediately before such commencement shall vacate their respective offices and such Chairperson and such other members shall be entitled to claim compensation not exceeding three month s pay and allowances for the premature termination of the term of their office s or of any contra ct of service. ] (4) The employee of the G overnment on his 5[selection as the Chairperson or whole -time member ] shall have to retire from service before 6[joining as the Chairperson or a whole -time member , as the case may be]. 1. Ins. by Act 2 of 2000, s. 3 (w.e.f. 24 -1-2000). 2. Subs. by s. 4, ibid., for sub -section ( 3) (w.e.f. 24 -1-2000). 3. Subs. by s. 5, ibid., for section 4 (w.e.f. 24 -1-2000). 4. Subs. by s. 6, ibid., for sub -sections ( 2) and ( 3) (w.e.f. 24 -1-2000). 5. Subs. by s. 6, ibid., for selection as member (w.e.f. 24 -1-2000). 6. Subs. by s. 6, ibid., for joining as member (w.e.f. 24 -1-2000). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kash mir and the Union territory of Ladakh. 5 (5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and 1[whole -time members ] shall be such as may be prescribed. (6) The salary, allowances and other conditions of service of the Chairperson or of a memb er shall not be varied to his disadvantage after appointment. 2[(6A) The part -time members shall receive such allowances as may be prescribed. ] (7) Notwithstanding anything contained in sub -section ( 2) 3***, a member may (a) relinquish his office by giving in writing to the Central Government notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7. 4[(8) The Chairperson and the whole -time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the Central Government, accept (a) any employment either under the Central Government or under any State Government; or (b) any appointment in any company in the business of teleco mmunication services .] (9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs. 5* * * * * 6. Powers of Chairperson an d Vice -Chairperson .(1) The Chairperson shall have powers of general superintendence and direction s in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall discharge such other powers and functions as may be presc ribed. (2) The Central Government may appoint one of the members to be a Vice -Chairperson of the Authority who shall exercise and discharge such powers and functions of the Chairperson as may be prescribed or as may be delegated to him by the Authority. 7. Removal and suspension of member from office in certain circumstances .(1) The Central Government may remove from office any member, who , (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Gov ernment, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acqui red such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his posit ion as to render his continuance in office prejudicial to the public interest. 6[(2) No such member shall be removed from his office under clause ( d) or clause ( e) of sub -section (1) unless he has been given a reasonable opportunity of being heard in the matter .] 8. Meetings .(1) The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be provided by regulations. 1. Subs. by Act 2 of 2000, s. 6, for other members (w.e.f. 24 -1-2000). 2. Ins. by s. 6, ibid. (w.e.f. 24 -1-2000). 3. The words, brackets and figure or sub -section ( 3) omitted by s. 6, ibid. (w.e.f. 24 -1-2000). 4. Subs. by Act 20 of 2014, s. 2, for sub-section ( 8) (w.e.f. 28-5-2014). 5. The Explanation omitted by s. 2, ibid. (w.e.f. 2 8-5-2014). 6. Subs. by Act 2 of 2000, s. 7, for sub-sections ( 2) and ( 3) (w.e.f. 24 -1-2000). 6 (2) The C hairperson or, if for any reason, he is unable to attend a meeting of the Authority, Vice - Chairperson and in his absence, any other member chosen by the members present from amongst themselves at the meeting shall presided at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority vote of the members present and voting, an d in the event of an equality of votes, the Chairperson or in his absence, the person presiding, shall have a second or casting vote. (4) The Authority may make regulations for the transaction of business at i ts meetings. 9. Vacancies, etc ., not to invalidate proceedings of Authority. No act or proceeding of the Authority shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. 10. Officers and other employees of Authority .(1) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The salary and allowances payable to and the other conditions of service of t he officers and other employees of the Authority appointed under sub -section ( 1) shall be such as may be 1[prescribed] : 2[Provided that any regulation, in respect of the salary and allowance s payable to and other conditions of service of the officers and o ther employees of the Authority, made before the commencement of the Telecom Regulator y Authority of India (Amendment) Act, 2000 (2 of 2000) ,shall cease to have effect immediately on the notification of rules made under clause ( ca) of sub -section ( 2) of section 35. ] CHAPTER III POWERS AND FUNCTIONS OF THE AUTHORITY 11. Functions of Authority .3[(1)Notwithstanding anything contained in the Indian Telegraph Act,1885 (13 of 1885 ),the functions of the Authority shall be to (a)make recommendations, either suo motu or on a request from the licensor, on the following matters, namely: (i) need and timing for introduction of new service provider; (ii) terms and conditions of licenc e to a service provider; (iii) revocation of license for non -compliance of terms and conditions of licenc e; (iv) measures to facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services ; (v) technological improvements in the services provided by the servi ce providers ;