{"text": "\nNEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA)\nMINISTRY OF LAW AND JUSTICE\n(Legislative Department)\nNew Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)\nThe following Act of Parliament received the assent of the President on the\n25th December, 2023 and is hereby published for general information:—\n\nTHE BHARATIYA SAKSHYA ADHINIYAM, 2023\nNO. 47 OF 2023\n[25th December, 2023.]\n\nAn Act to consolidate and to provide for general rules and principles of evidence\nfor fair trial.\nBE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as\nfollows:—\nPART I\nCHAPTER I\nPRELIMINARY\n1. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.\n(2) It applies to all judicial proceedings in or before any Court, including Courts-martial,\nbut not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.\n\nShort title,\napplication and\ncommencement.\n\n\f(3) It shall come into force on such date as the Central Government may, by notification\nin the Official Gazette, appoint.\nDefinitions.\n\n2. (1) In this Adhiniyam, unless the context otherwise requires,—\n(a) \"Court\" includes all Judges and Magistrates, and all persons, except\narbitrators, legally authorised to take evidence;\n(b) \"conclusive proof\" means when one fact is declared by this Adhiniyam to\nbe conclusive proof of another, the Court shall, on proof of the one fact, regard the\nother as proved, and shall not allow evidence to be given for the purpose of disproving\nit;\n(c) \"disproved\" in relation to a fact, means when, after considering the matters\nbefore it, the Court either believes that it does not exist, or considers its non-existence\nso probable that a prudent man ought, under the circumstances of the particular case,\nto act upon the supposition that it does not exist;\n(d) \"document\" means any matter expressed or described or otherwise recorded\nupon any substance by means of letters, figures or marks or any other means or by\nmore than one of those means, intended to be used, or which may be used, for the\npurpose of recording that matter and includes electronic and digital records.\nIllustrations.\n(i) A writing is a document.\n(ii) Words printed, lithographed or photographed are documents.\n(iii) A map or plan is a document.\n(iv) An inscription on a metal plate or stone is a document.\n(v) A caricature is a document.\n(vi) An electronic record on emails, server logs, documents on computers, laptop\nor smartphone, messages, websites, locational evidence and voice mail messages\nstored on digital devices are documents;\n(e) \"evidence\" means and includes—\n(i) all statements including statements given electronically which the\nCourt permits or requires to be made before it by witnesses in relation to matters\nof fact under inquiry and such statements are called oral evidence;\n(ii) all documents including electronic or digital records produced for the\ninspection of the Court and such documents are called documentary evidence;\n(f) \"fact\" means and includes—\n(i) any thing, state of things, or relation of things, capable of being\nperceived by the senses;\n(ii) any mental condition of which any person is conscious.\nIllustrations.\n(i) That there are certain objects arranged in a certain order in a certain place, is\na fact.\n(ii) That a person heard or saw something, is a fact.\n(iii) That a person said certain words, is a fact.\n\n\f(iv) That a person holds a certain opinion, has a certain intention, acts in good\nfaith, or fraudulently, or uses a particular word in a particular sense, or is or was at a\nspecified time conscious of a particular sensation, is a fact;\n(g) \"facts in issue\" means and includes any fact from which, either by itself or\nin connection with other facts, the existence, non-existence, nature or extent of any\nright, liability or disability, asserted or denied in any suit or proceeding, necessarily\nfollows.\nExplanation.—Whenever, under the provisions of the law for the time being\nin force relating to civil procedure, any Court records an issue of fact, the fact to be\nasserted or denied in the answer to such issue is a fact in issue.\nIllustrations.\nA is accused of the murder of B. At his trial, the following facts may be in issue:—\n(i)\n\nThat A caused B's death.\n\n(ii) That A intended to cause B's death.\n(iii) That A had received grave and sudden provocation from B.\n(iv) That A, at the time of doing the act which caused B's death, was, by reason\nof unsoundness of mind, incapable of knowing its nature;\n(h) \"may presume\".—Whenever it is provided by this Adhiniyam that the Court\nmay presume a fact, it may either regard such fact as proved, unless and until it is\ndisproved or may call for proof of it;\n(i) \"not proved\".—A fact is said to be not proved when it is neither proved nor\ndisproved;\n(j) \"proved\".—A fact is said to be proved when, after considering the matters\nbefore it, the Court either believes it to exist, or considers its existence so probable\nthat a prudent man ought, under the circumstances of the particular case, to act upon\nthe supposition that it exists;\n(k) \"relevant\".—A fact is said to be relevant to another when it is connected\nwith the other in any of the ways referred to in the provisions of this Adhiniyam\nrelating to the relevancy of facts;\n(l) \"shall presume\".—Whenever it is directed by this Adhiniyam that the\nCourt shall presume a fact, it shall regard such fact as proved, unless and until it is\ndisproved.\n21 of 2000.\n\n(2) Words and expressions used herein and not defined but defined in the Information\nTechnology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya\nNyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and\nSanhitas.\n\nPART II\nCHAPTER II\nRELEVANCY OF FACTS\n3. Evidence may be given in any suit or proceeding of the existence or non-existence Evidence may\nof every fact in issue and of such other facts as are hereinafter declared to be relevant, and be given of\nfacts in issue\nof no others.\nand relevant\n\nExplanation.—This section shall not enable any person to give evidence of a fact facts.\nwhich he is disentitled to prove by any provision of the law for the time being in force\nrelating to civil procedure.\n\n\fIllustrations.\n(a) A is tried for the murder of B by beating him with a club with the intention of\ncausing his death.\nAt A's trial the following facts are in issue:—\nA's beating B with the club;\nA's causing B's death by such beating;\nA's intention to cause B's death.\n(b) A suitor does not bring with him, and have in readiness for production at the first\nhearing of the case, a bond on which he relies. This section does not enable him to produce\nthe bond or prove its contents at a subsequent stage of the proceedings, otherwise than in\naccordance with the conditions prescribed by the Code of Civil Procedure, 1908.\nClosely connected facts\nRelevancy of\nfacts forming\npart of same\ntransaction.\n\n4. Facts which, though not in issue, are so connected with a fact in issue or a\nrelevant fact as to form part of the same transaction, are relevant, whether they occurred at\nthe same time and place or at different times and places.\nIllustrations.\n(a) A is accused of the murder of B by beating him. Whatever was said or done by A\nor B or the bystanders at the beating, or so shortly before or after it as to form part of the\ntransaction, is a relevant fact.\n(b) A is accused of waging war against the Government of India by taking part in an\narmed insurrection in which property is destroyed, troops are attacked and jails are broken\nopen. The occurrence of these facts is relevant, as forming part of the general transaction,\nthough A may not have been present at all of them.\n(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters\nbetween the parties relating to the subject out of which the libel arose, and forming part of\nthe correspondence in which it is contained, are relevant facts, though they do not contain\nthe libel itself.\n(d) The question is, whether certain goods ordered from B were delivered to A. The\ngoods were delivered to several intermediate persons successively. Each delivery is a\nrelevant fact.\n\nFacts which are\noccasion, cause\nor effect of\nfacts in issue or\nrelevant facts.\n\n5. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant\nfacts, or facts in issue, or which constitute the state of things under which they happened,\nor which afforded an opportunity for their occurrence or transaction, are relevant.\nIllustrations.\n(a) The question is, whether A robbed B. The facts that, shortly before the robbery,\nB went to a fair with money in his possession, and that he showed it, or mentioned the fact\nthat he had it, to third persons, are relevant.\n(b) The question is, whether A murdered B. Marks on the ground, produced by a\nstruggle at or near the place where the murder was committed, are relevant facts.\n(c) The question is, whether A poisoned B. The state of B's health before the symptoms\nascribed to poison, and habits of B, known to A, which afforded an opportunity for the\nadministration of poison, are relevant facts.\n\nMotive,\npreparation\nand previous\nor subsequent\nconduct.\n\n6. (1) Any fact is relevant which shows or constitutes a motive or preparation for any\nfact in issue or relevant fact.\n\n5 of 1908.\n\n\f(2) The conduct of any party, or of any agent to any party, to any suit or proceeding,\nin reference to such suit or proceeding, or in reference to any fact in issue therein or relevant\nthereto, and the conduct of any person, an offence against whom is the subject of any\nproceeding, is relevant, if such conduct influences or is influenced by any fact in issue or\nrelevant fact, and whether it was previous or subsequent thereto.\nExplanation 1.—The word \"conduct\" in this section does not include statements,\nunless those statements accompany and explain acts other than statements; but this\nexplanation is not to affect the relevancy of statements under any other section of this\nAdhiniyam.\nExplanation 2.—When the conduct of any person is relevant, any statement made to\nhim or in his presence and hearing, which affects such conduct, is relevant.\nIllustrations.\n(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had\nmurdered C, and that B had tried to extort money from A by threatening to make his knowledge\npublic, are relevant.\n(b) A sues B upon a bond for the payment of money. B denies the making of the\nbond. The fact that, at the time when the bond was alleged to be made, B required money for\na particular purpose, is relevant.\n(c) A is tried for the murder of B by poison. The fact that, before the death of B, A\nprocured poison similar to that which was administered to B, is relevant.\n(d) The question is, whether a certain document is the will of A. The facts that, not\nlong before, the date of the alleged will, A made inquiry into matters to which the provisions\nof the alleged will relate; that he consulted advocates in reference to making the will, and\nthat he caused drafts of other wills to be prepared, of which he did not approve, are relevant.\n(e) A is accused of a crime. The facts that, either before, or at the time of, or after the\nalleged crime, A provided evidence which would tend to give to the facts of the case an\nappearance favourable to himself, or that he destroyed or concealed evidence, or prevented\nthe presence or procured the absence of persons who might have been witnesses, or\nsuborned persons to give false evidence respecting it, are relevant.\n(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in\nA's presence—\"the police are coming to look for the person who robbed B\", and that\nimmediately afterwards A ran away, are relevant.\n(g) The question is, whether A owes B ten thousand rupees. The facts that A asked\nC to lend him money, and that D said to C in A's presence and hearing—\"I advise you not\nto trust A, for he owes B ten thousand rupees\", and that A went away without making any\nanswer, are relevant facts.\n(h) The question is, whether A committed a crime. The fact that A absconded, after\nreceiving a letter, warning A that inquiry was being made for the criminal, and the contents\nof the letter, are relevant.\n(i) A is accused of a crime. The facts that, after the commission of the alleged crime,\nA absconded, or was in possession of property or the proceeds of property acquired by the\ncrime, or attempted to conceal things which were or might have been used in committing it,\nare relevant.\n(j) The question is, whether A was raped. The fact that, shortly after the alleged rape,\nA made a complaint relating to the crime, the circumstances under which, and the terms in\nwhich, the complaint was made, are relevant. The fact that, without making a complaint, A\nsaid that A had been raped is not relevant as conduct under this section, though it may be\nrelevant as a dying declaration under clause (a) of section 26, or as corroborative evidence\nunder section 160.\n\n\f(k) The question is, whether A was robbed. The fact that, soon after the alleged\nrobbery, A made a complaint relating to the offence, the circumstances under which, and the\nterms in which, the complaint was made, are relevant. The fact that A said he had been\nrobbed, without making any complaint, is not relevant, as conduct under this section,\nthough it may be relevant as a dying declaration under clause (a) of section 26, or as\ncorroborative evidence under section 160.\nFacts\nnecessary to\nexplain or\nintroduce fact\nin issue or\nrelevant facts.\n\n7. Facts necessary to explain or introduce a fact in issue or relevant fact, or which\nsupport or rebut an inference suggested by a fact in issue or a relevant fact, or which\nestablish the identity of anything, or person whose identity, is relevant, or fix the time or\nplace at which any fact in issue or relevant fact happened, or which show the relation of\nparties by whom any such fact was transacted, are relevant in so far as they are necessary\nfor that purpose.\nIllustrations.\n(a) The question is, whether a given document is the will of A. The state of A's\nproperty and of his family at the date of the alleged will may be relevant facts.\n(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter\nalleged to be libellous is true. The position and relations of the parties at the time when the\nlibel was published may be relevant facts as introductory to the facts in issue. The particulars\nof a dispute between A and B about a matter unconnected with the alleged libel are irrelevant,\nthough the fact that there was a dispute may be relevant if it affected the relations between\nA and B.\n(c) A is accused of a crime. The fact that, soon after the commission of the crime, A\nabsconded from his house, is relevant under section 6, as conduct subsequent to and\naffected by facts in issue. The fact that, at the time when he left home, A had sudden and\nurgent business at the place to which he went, is relevant, as tending to explain the fact that\nhe left home suddenly. The details of the business on which he left are not relevant, except\nin so far as they are necessary to show that the business was sudden and urgent.\n(d) A sues B for inducing C to break a contract of service made by him with A. C, on\nleaving A's service, says to A—\"I am leaving you because B has made me a better offer\".\nThis statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in\nissue.\n(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it\nto A's wife. B says as he delivers it—\"A says you are to hide this\". B's statement is relevant\nas explanatory of a fact which is part of the transaction.\n(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of\nthe mob are relevant as explanatory of the nature of the transaction.\n\nThings said or\ndone by\nconspirator in\nreference to\ncommon\ndesign.\n\n8. Where there is reasonable ground to believe that two or more persons have\nconspired together to commit an offence or an actionable wrong, anything said, done or\nwritten by any one of such persons in reference to their common intention, after the time\nwhen such intention was first entertained by any one of them, is a relevant fact as against\neach of the persons believed to be so conspiring, as well for the purpose of proving the\nexistence of the conspiracy as for the purpose of showing that any such person was a party\nto it.\nIllustration.\nReasonable ground exists for believing that A has joined in a conspiracy to wage war\nagainst the State.\nThe facts that B procured arms in Europe for the purpose of the conspiracy, C collected\nmoney in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai,\nE published writings advocating the object in view at Agra, and F transmitted from Delhi to\n\n\fG at Singapore the money which C had collected at Kolkata, and the contents of a letter\nwritten by H giving an account of the conspiracy, are each relevant, both to prove the\nexistence of the conspiracy, and to prove A's complicity in it, although he may have been\nignorant of all of them, and although the persons by whom they were done were strangers\nto him, and although they may have taken place before he joined the conspiracy or after he\nleft it.\n9. Facts not otherwise relevant are relevant—\n(1) if they are inconsistent with any fact in issue or relevant fact;\n(2) if by themselves or in connection with other facts they make the existence or\nnon-existence of any fact in issue or relevant fact highly probable or improbable.\n\nWhen facts\nnot otherwise\nrelevant\nbecome\nrelevant.\n\nIllustrations.\n(a) The question is, whether A committed a crime at Chennai on a certain day.\nThe fact that, on that day, A was at Ladakh is relevant. The fact that, near the time\nwhen the crime was committed, A was at a distance from the place where it was\ncommitted, which would render it highly improbable, though not impossible, that he\ncommitted it, is relevant.\n(b) The question is, whether A committed a crime. The circumstances are such\nthat the crime must have been committed either by A, B, C or D. Every fact which\nshows that the crime could have been committed by no one else, and that it was not\ncommitted by either B, C or D, is relevant.\n10. In suits in which damages are claimed, any fact which will enable the Court to Facts tending\nto enable Court\ndetermine the amount of damages which ought to be awarded, is relevant.\n\nto determine\namount\nare\nrelevant in suits\nfor damages.\n\n11. Where the question is as to the existence of any right or custom, the following Facts relevant\nwhen right or\nfacts are relevant—\ncustom is in\n\n(a) any transaction by which the right or custom in question was created, question.\nclaimed, modified, recognised, asserted or denied, or which was inconsistent with its\nexistence;\n(b) particular instances in which the right or custom was claimed, recognised\nor exercised, or in which its exercise was disputed, asserted or departed from.\nIllustration.\nThe question is, whether A has a right to a fishery. A deed conferring the fishery on\nA's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by\nA's father, irreconcilable with the mortgage, particular instances in which A's father exercised\nthe right, or in which the exercise of the right was stopped by A's neighbours, are relevant\nfacts.\n12. Facts showing the existence of any state of mind, such as intention, knowledge,\ngood faith, negligence, rashness, ill-will or goodwill towards any particular person, or\nshowing the existence of any state of body or bodily feeling, are relevant, when the existence\nof any such state of mind or body or bodily feeling is in issue or relevant.\nExplanation 1.—A fact relevant as showing the existence of a relevant state of mind\nmust show that the state of mind exists, not generally, but in reference to the particular\nmatter in question.\nExplanation 2.—But where, upon the trial of a person accused of an offence, the\nprevious commission by the accused of an offence is relevant within the meaning of this\nsection, the previous conviction of such person shall also be a relevant fact.\n\nFacts showing\nexistence of\nstate of mind,\nor of body or\nbodily feeling.\n\n\fIllustrations.\n(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that\nhe was in possession of a particular stolen article. The fact that, at the same time, he was in\npossession of many other stolen articles is relevant, as tending to show that he knew each\nand all of the articles of which he was in possession to be stolen.\n(b) A is accused of fraudulently delivering to another person a counterfeit currency\nwhich, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time\nof its delivery, A was possessed of a number of other pieces of counterfeit currency is\nrelevant. The fact that A had been previously convicted of delivering to another person as\ngenuine a counterfeit currency knowing it to be counterfeit is relevant.\n(c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact\nthat the dog had previously bitten X, Y and Z, and that they had made complaints to B, are\nrelevant.\n(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name\nof the payee was fictitious. The fact that A had accepted other bills drawn in the same\nmanner before they could have been transmitted to him by the payee if the payee had been\na real person, is relevant, as showing that A knew that the payee was a fictitious person.\n(e) A is accused of defaming B by publishing an imputation intended to harm the\nreputation of B. The fact of previous publications by A respecting B, showing ill-will on the\npart of A towards B is relevant, as proving A's intention to harm B's reputation by the\nparticular publication in question. The facts that there was no previous quarrel between A\nand B, and that A repeated the matter complained of as he heard it, are relevant, as showing\nthat A did not intend to harm the reputation of B.\n(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B,\nbeing induced to trust C, who was insolvent, suffered loss. The fact that, at the time when\nA represented C to be solvent, C was supposed to be solvent by his neighbours and by\npersons dealing with him, is relevant, as showing that A made the representation in good\nfaith.\n(g) A is sued by B for the price of work done by B, upon a house of which A is owner,\nby the order of C, a contractor. A's defence is that B's contract was with C. The fact that A\npaid C for the work in question is relevant, as proving that A did, in good faith, make over to\nC the management of the work in question, so that C was in a position to contract with B on\nC's own account, and not as agent for A.\n(h) A is accused of the dishonest misappropriation of property which he had found,\nand the question is whether, when he appropriated it, he believed in good faith that the real\nowner could not be found. The fact that public notice of the loss of the property had been\ngiven in the place where A was, is relevant, as showing that A did not in good faith believe\nthat the real owner of the property could not be found. The fact that A knew, or had reason\nto believe, that the notice was given fraudulently by C, who had heard of the loss of the\nproperty and wished to set up a false claim to it, is relevant, as showing that the fact that A\nknew of the notice did not disprove A's good faith.\n(i) A is charged with shooting at B with intent to kill him. In order to show A's intent,\nthe fact of A's having previously shot at B may be proved.\n(j) A is charged with sending threatening letters to B. Threatening letters previously\nsent by A to B may be proved, as showing the intention of the letters.\n(k) The question is, whether A has been guilty of cruelty towards B, his wife.\nExpressions of their feeling towards each other shortly before or after the alleged cruelty are\nrelevant facts.\n(l) The question is, whether A's death was caused by poison. Statements made by A\nduring his illness as to his symptoms are relevant facts.\n\n\f(m) The question is, what was the state of A's health at the time when an assurance on\nhis life was effected. Statements made by A as to the state of his health at or near the time in\nquestion are relevant facts.\n(n) A sues B for negligence in providing him with a car for hire not reasonably fit for\nuse, whereby A was injured. The fact that B's attention was drawn on other occasions to the\ndefect of that particular car is relevant. The fact that B was habitually negligent about the\ncars which he let to hire is irrelevant.\n(o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on\nother occasions shot at B is relevant as showing his intention to shoot B. The fact that A\nwas in the habit of shooting at people with intent to murder them is irrelevant.\n(p) A is tried for a crime. The fact that he said something indicating an intention to\ncommit that particular crime is relevant. The fact that he said something indicating a general\ndisposition to commit crimes of that class is irrelevant.\n13. When there is a question whether an act was accidental or intentional, or done Facts bearing\nwith a particular knowledge or intention, the fact that such act formed part of a series of on question\nsimilar occurrences, in each of which the person doing the act was concerned, is relevant. whether act\n\nwas accidental\nor intentional.\n\nIllustrations.\n(a) A is accused of burning down his house in order to obtain money for which it is\ninsured. The facts that A lived in several houses successively each of which he insured, in\neach of which a fire occurred, and after each of which fires A received payment from a\ndifferent insurance company, are relevant, as tending to show that the fires were not\naccidental.\n(b) A is employed to receive money from the debtors of B. It is A's duty to make entries\nin a book showing the amounts received by him. He makes an entry showing that on a\nparticular occasion he received less than he really did receive. The question is, whether this\nfalse entry was accidental or intentional. The facts that other entries made by A in the same\nbook are false, and that the false entry is in each case in favour of A, are relevant.\n(c) A is accused of fraudulently delivering to B a counterfeit currency. The question\nis, whether the delivery of the currency was accidental. The facts that, soon before or soon\nafter the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as\nshowing that the delivery to B was not accidental.\n14. When there is a question whether a particular act was done, the existence of any Existence of\ncourse of business, according to which it naturally would have been done, is a relevant fact. course of\n\nbusiness when\nrelevant.\n\nIllustrations.\n(a) The question is, whether a particular letter was dispatched. The facts that it was\nthe ordinary course of business for all letters put in a certain place to be carried to the post,\nand that particular letter was put in that place are relevant.\n(b) The question is, whether a particular letter reached A. The facts that it was posted\nin due course, and was not returned through the Return Letter Office, are relevant.\nAdmissions\n15. An admission is a statement, oral or documentary or contained in electronic form, Admission\nwhich suggests any inference as to any fact in issue or relevant fact, and which is made by defined.\nany of the persons, and under the circumstances, hereinafter mentioned.\n16. (1) Statements made by a party to the proceeding, or by an agent to any such\nparty, whom the Court regards, under the circumstances of the case, as expressly or impliedly\nauthorised by him to make them, are admissions.\n\nAdmission by\nparty to\nproceeding or\nhis agent.\n\n\f(2) Statements made by—\n(i) parties to suits suing or sued in a representative character, are not admissions,\nunless they were made while the party making them held that character; or\n(ii) (a) persons who have any proprietary or pecuniary interest in the subject\nmatter of the proceeding, and who make the statement in their character of persons so\ninterested; or\n(b) persons from whom the parties to the suit have derived their interest in the\nsubject matter of the suit,\nare admissions, if they are made during the continuance of the interest of the persons\nmaking the statements.\nAdmissions by\npersons whose\nposition must\nbe proved as\nagainst party\nto suit.\n\n17. Statements made by persons whose position or liability, it is necessary to prove\nas against any party to the suit, are admissions, if such statements would be relevant as\nagainst such persons in relation to such position or liability in a suit brought by or against\nthem, and if they are made whilst the person making them occupies such position or is\nsubject to such liability.\nIllustration.\nA undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A\ndenies that rent was due from C to B. A statement by C that he owed B rent is an admission,\nand is a relevant fact as against A, if A denies that C did owe rent to B.\n\nAdmissions by\npersons\nexpressly\nreferred to by\nparty to suit.\n\n18. Statements made by persons to whom a party to the suit has expressly referred\nfor information in reference to a matter in dispute are admissions.\nIllustration.\nThe question is, whether a horse sold by A to B is sound.\nA says to B—\"Go and ask C, C knows all about it\". C's statement is an admission.\n\nProof of\nadmissions\nagainst persons\nmaking them,\nand by or on\ntheir behalf.\n\n19. Admissions are relevant and may be proved as against the person who makes\nthem, or his representative in interest; but they cannot be proved by or on behalf of the\nperson who makes them or by his representative in interest, except in the following cases,\nnamely:—\n(1) an admission may be proved by or on behalf of the person making it, when\nit is of such a nature that, if the person making it were dead, it would be relevant as\nbetween third persons under section 26;\n(2) an admission may be proved by or on behalf of the person making it, when\nit consists of a statement of the existence of any state of mind or body, relevant or in\nissue, made at or about the time when such state of mind or body existed, and is\naccompanied by conduct rendering its falsehood improbable;\n(3) an admission may be proved by or on behalf of the person making it, if it is\nrelevant otherwise than as an admission.\nIllustrations.\n(a) The question between A and B is, whether a certain deed is or is not forged. A\naffirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is\ngenuine, and B may prove a statement by A that deed is forged; but A cannot prove a\nstatement by himself that the deed is genuine, nor can B prove a statement by himself that\nthe deed is forged.\n(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show\nthat the ship was taken out of her proper course. A produces a book kept by him in the\nordinary course of his business showing observations alleged to have been taken by him\n\n\ffrom day to day, and indicating that the ship was not taken out of her proper course. A may\nprove these statements, because they would be admissible between third parties, if he were\ndead, under clause (b) of section 26.\n(c) A is accused of a crime committed by him at Kolkata. He produces a letter written\nby himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day.\nThe statement in the date of the letter is admissible, because, if A were dead, it would be\nadmissible under clause (b) of section 26.\n(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to\nprove that he refused to sell them below their value. A may prove these statements, though\nthey are admissions, because they are explanatory of conduct influenced by facts in issue.\n(e) A is accused of fraudulently having in his possession counterfeit currency which\nhe knew to be counterfeit. He offers to prove that he asked a skilful person to examine the\ncurrency as he doubted whether it was counterfeit or not, and that person did examine it\nand told him it was genuine. A may prove these facts.\n20. Oral admissions as to the contents of a document are not relevant, unless and\nuntil the party proposing to prove them shows that he is entitled to give secondary evidence\nof the contents of such document under the rules hereinafter contained, or unless the\ngenuineness of a document produced is in question.\n\nWhen oral\nadmissions as\nto contents of\ndocuments are\nrelevant.\n\n21. In civil cases no admission is relevant, if it is made either upon an express condition Admissions in\nthat evidence of it is not to be given, or under circumstances from which the Court can infer civil cases\nwhen relevant.\nthat the parties agreed together that evidence of it should not be given.\nExplanation.—Nothing in this section shall be taken to exempt any advocate from\ngiving evidence of any matter of which he may be compelled to give evidence under\nsub-sections (1) and (2) of section 132.\n22. A confession made by an accused person is irrelevant in a criminal proceeding, if\nthe making of the confession appears to the Court to have been caused by any inducement,\nthreat, coercion or promise having reference to the charge against the accused person,\nproceeding from a person in authority and sufficient, in the opinion of the Court, to give the\naccused person grounds which would appear to him reasonable for supposing that by\nmaking it he would gain any advantage or avoid any evil of a temporal nature in reference to\nthe proceedings against him:\n\nConfession\ncaused by\ninducement,\nthreat,\ncoercion or\npromise, when\nirrelevant in\ncriminal\nproceeding.\n\nProvided that if the confession is made after the impression caused by any such\ninducement, threat, coercion or promise has, in the opinion of the Court, been fully removed,\nit is relevant:\nProvided further that if such a confession is otherwise relevant, it does not become\nirrelevant merely because it was made under a promise of secrecy, or in consequence of a\ndeception practised on the accused person for the purpose of obtaining it, or when he was\ndrunk, or because it was made in answer to questions which he need not have answered,\nwhatever may have been the form of those questions, or because he was not warned that he\nwas not bound to make such confession, and that evidence of it might be given against him.\n23. (1) No confession made to a police officer shall be proved as against a person Confession to\npolice officer.\naccused of any offence.\n(2) No confession made by any person while he is in the custody of a police officer,\nunless it is made in the immediate presence of a Magistrate shall be proved against him:\n\n\fProvided that when any fact is deposed to as discovered in consequence of information\nreceived from a person accused of any offence, in the custody of a police officer, so much\nof such information, whether it amounts to a confession or not, as relates distinctly to the\nfact discovered, may be proved.\nConsideration\nof proved\nconfession\naffecting\nperson making\nit and others\njointly under\ntrial for same\noffence.\n\n24. When more persons than one are being tried jointly for the same offence, and a\nconfession made by one of such persons affecting himself and some other of such persons\nis proved, the Court may take into consideration such confession as against such other\nperson as well as against the person who makes such confession.\nExplanation I.—\"Offence\", as used in this section, includes the abetment of, or\nattempt to commit, the offence.\nExplanation II.—A trial of more persons than one held in the absence of the accused\nwho has absconded or who fails to comply with a proclamation issued under section 84 of\nthe Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the\npurpose of this section.\nIllustrations.\n(a) A and B are jointly tried for the murder of C. It is proved that A said—\"B and I\nmurdered C\". The Court may consider the effect of this confession as against B.\n(b) A is on his trial for the murder of C. There is evidence to show that C was murdered\nby A and B, and that B said—\"A and I murdered C\". This statement may not be taken into\nconsideration by the Court against A, as B is not being jointly tried.\n\nAdmissions\nnot conclusive\nproof, but\nmay estop.\n\n25. Admissions are not conclusive proof of the matters admitted but they may operate\nas estoppels under the provisions hereinafter contained.\n\nCases in which\nstatement of\nrelevant fact\nby person who\nis dead or\ncannot be\nfound, etc., is\nrelevant.\n\n26. Statements, written or verbal, of relevant facts made by a person who is dead, or\nwho cannot be found, or who has become incapable of giving evidence, or whose attendance\ncannot be procured without an amount of delay or expense which under the circumstances\nof the case appears to the Court unreasonable, are themselves relevant facts in the following\ncases, namely:—\n\nStatements by persons who cannot be called as witnesses\n\n(a) when the statement is made by a person as to the cause of his death, or as\nto any of the circumstances of the transaction which resulted in his death, in cases in\nwhich the cause of that person's death comes into question. Such statements are\nrelevant whether the person who made them was or was not, at the time when they\nwere made, under expectation of death, and whatever may be the nature of the\nproceeding in which the cause of his death comes into question;\n(b) when the statement was made by such person in the ordinary course of\nbusiness, and in particular when it consists of any entry or memorandum made by him\nin books kept in the ordinary course of business, or in the discharge of professional\nduty; or of an acknowledgement written or signed by him of the receipt of money,\ngoods, securities or property of any kind; or of a document used in commerce written\nor signed by him; or of the date of a letter or other document usually dated, written or\nsigned by him;\n(c) when the statement is against the pecuniary or proprietary interest of the\nperson making it, or when, if true, it would expose him or would have exposed him to\na criminal prosecution or to a suit for damages;\n(d) when the statement gives the opinion of any such person, as to the existence\nof any public right or custom or matter of public or general interest, of the existence of\nwhich, if it existed, he would have been likely to be aware, and when such statement\nwas made before any controversy as to such right, custom or matter had arisen;\n\n\f(e) when the statement relates to the existence of any relationship by blood,\nmarriage or adoption between persons as to whose relationship by blood, marriage or\nadoption the person making the statement had special means of knowledge, and\nwhen the statement was made before the question in dispute was raised;\n(f) when the statement relates to the existence of any relationship by blood,\nmarriage or adoption between persons deceased, and is made in any will or deed\nrelating to the affairs of the family to which any such deceased person belonged, or in\nany family pedigree, or upon any tombstone, family portrait or other thing on which\nsuch statements are usually made, and when such statement was made before the\nquestion in dispute was raised;\n(g) when the statement is contained in any deed, will or other document which\nrelates to any such transaction as is specified in clause (a) of section 11;\n(h) when the statement was made by a number of persons, and expressed\nfeelings or impressions on their part relevant to the matter in question.\nIllustrations.\n(a) The question is, whether A was murdered by B; or A dies of injuries received in a\ntransaction in the course of which she was raped. The question is whether she was raped\nby B; or the question is, whether A was killed by B under such circumstances that a suit\nwould lie against B by A's widow. Statements made by A as to the cause of his or her death,\nreferring respectively to the murder, the rape and the actionable wrong under consideration,\nare relevant facts.\n(b) The question is as to the date of A's birth. An entry in the diary of a deceased\nsurgeon regularly kept in the course of business, stating that, on a given day he attended\nA's mother and delivered her of a son, is a relevant fact.\n(c) The question is, whether A was in Nagpur on a given day. A statement in the diary\nof a deceased solicitor, regularly kept in the course of business, that on a given day the\nsolicitor attended A at a place mentioned, in Nagpur, for the purpose of conferring with him\nupon specified business, is a relevant fact.\n(d) The question is, whether a ship sailed from Mumbai harbour on a given day. A\nletter written by a deceased member of a merchant's firm by which she was chartered to their\ncorrespondents in Chennai, to whom the cargo was consigned, stating that the ship sailed\non a given day from Mumbai port, is a relevant fact.\n(e) The question is, whether rent was paid to A for certain land. A letter from A's\ndeceased agent to A, saying that he had received the rent on A's account and held it at A's\norders is a relevant fact.\n(f) The question is, whether A and B were legally married. The statement of a deceased\nclergyman that he married them under such circumstances that the celebration would be a\ncrime is relevant.\n(g) The question is, whether A, a person who cannot be found, wrote a letter on a\ncertain day. The fact that a letter written by him is dated on that day is relevant.\n(h) The question is, what was the cause of the wreck of a ship. A protest made by the\ncaptain, whose attendance cannot be procured, is a relevant fact.\n(i) The question is, whether a given road is a public way. A statement by A, a deceased\nheadman of the village, that the road was public, is a relevant fact.\n(j) The question is, what was the price of grain on a certain day in a particular market.\nA statement of the price, made by a deceased business person in the ordinary course of his\nbusiness, is a relevant fact.\n\n\f(k) The question is, whether A, who is dead, was the father of B. A statement by A that\nB was his son, is a relevant fact.\n(l) The question is, what was the date of the birth of A. A letter from A's deceased\nfather to a friend, announcing the birth of A on a given day, is a relevant fact.\n(m) The question is, whether, and when, A and B were married. An entry in a\nmemorandum book by C, the deceased father of B, of his daughter's marriage with A on a\ngiven date, is a relevant fact.\n(n) A sues B for a libel expressed in a painted caricature exposed in a shop window.\nThe question is as to the similarity of the caricature and its libellous character. The remarks\nof a crowd of spectators on these points may be proved.\nRelevancy of\ncertain\nevidence for\nproving, in\nsubsequent\nproceeding,\ntruth of facts\ntherein stated.\n\n27. Evidence given by a witness in a judicial proceeding, or before any person\nauthorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial\nproceeding, or in a later stage of the same judicial proceeding, the truth of the facts which\nit states, when the witness is dead or cannot be found, or is incapable of giving evidence,\nor is kept out of the way by the adverse party, or if his presence cannot be obtained without\nan amount of delay or expense which, under the circumstances of the case, the Court\nconsiders unreasonable:\nProvided that the proceeding was between the same parties or their representatives in\ninterest; that the adverse party in the first proceeding had the right and opportunity to\ncross-examine and the questions in issue were substantially the same in the first as in the\nsecond proceeding.\nExplanation.—A criminal trial or inquiry shall be deemed to be a proceeding between\nthe prosecutor and the accused within the meaning of this section.\nStatements made under special circumstances\n\nEntries in\nbooks of\naccount when\nrelevant.\n\n28. Entries in the books of account, including those maintained in an electronic form,\nregularly kept in the course of business are relevant whenever they refer to a matter into\nwhich the Court has to inquire, but such statements shall not alone be sufficient evidence\nto charge any person with liability.\nIllustration.\nA sues B for one thousand rupees, and shows entries in his account books showing\nB to be indebted to him to this amount. The entries are relevant, but are not sufficient,\nwithout other evidence, to prove the debt.\n\nRelevancy of\nentry in public\nrecord or an\nelectronic\nrecord made in\nperformance\nof duty.\n\n29. An entry in any public or other official book, register or record or an electronic\nrecord, stating a fact in issue or relevant fact, and made by a public servant in the discharge\nof his official duty, or by any other person in performance of a duty specially enjoined by\nthe law of the country in which such book, register or record or an electronic record, is kept,\nis itself a relevant fact.\n\nRelevancy of\nstatements in\nmaps, charts\nand plans.\n\n30. Statements of facts in issue or relevant facts, made in published maps or charts\ngenerally offered for public sale, or in maps or plans made under the authority of the Central\nGovernment or any State Government, as to matters usually represented or stated in such\nmaps, charts or plans, are themselves relevant facts.\n\nRelevancy of\nstatement as\nto fact of\npublic nature\ncontained in\ncertain Acts or\nnotifications.\n\n31. When the Court has to form an opinion as to the existence of any fact of a public\nnature, any statement of it, made in a recital contained in any Central Act or State Act or in\na Central Government or State Government notification appearing in the respective Official\nGazette or in any printed paper or in electronic or digital form purporting to be such Gazette,\nis a relevant fact.\n\n\f32. When the Court has to form an opinion as to a law of any country, any statement\nof such law contained in a book purporting to be printed or published including in electronic\nor digital form under the authority of the Government of such country and to contain any\nsuch law, and any report of a ruling of the Courts of such country contained in a book\nincluding in electronic or digital form purporting to be a report of such rulings, is relevant.\n\nRelevancy of\nstatements as\nto any law\ncontained in\nlaw books\nincluding\nelectronic or\ndigital form.\n\nHow much of a statement is to be proved\n33. When any statement of which evidence is given forms part of a longer statement,\nor of a conversation or part of an isolated document, or is contained in a document which\nforms part of a book, or is contained in part of electronic record or of a connected series of\nletters or papers, evidence shall be given of so much and no more of the statement,\nconversation, document, electronic record, book or series of letters or papers as the Court\nconsiders necessary in that particular case to the full understanding of the nature and effect\nof the statement, and of the circumstances under which it was made.\n\nWhat evidence\nto be given\nwhen statement\nforms part of a\nconversation,\ndocument,\nelectronic\nrecord, book or\nseries of letters\nor papers.\n\nJudgments of Courts when relevant\n34. The existence of any judgment, order or decree which by law prevents any Court Previous\nfrom taking cognizance of a suit or holding a trial, is a relevant fact when the question is judgments\nrelevant to bar\nwhether such Court ought to take cognizance of such suit or to hold such trial.\na second suit\nor trial.\n\n35. (1) A final judgment, order or decree of a competent Court or Tribunal, in the\nexercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon\nor takes away from any person any legal character, or which declares any person to be\nentitled to any such character, or to be entitled to any specific thing, not as against any\nspecified person but absolutely, is relevant when the existence of any such legal character,\nor the title of any such person to any such thing, is relevant.\n\nRelevancy of\ncertain\njudgments in\nprobate, etc.,\njurisdiction.\n\n(2) Such judgment, order or decree is conclusive proof that—\n(i) any legal character, which it confers accrued at the time when such judgment,\norder or decree came into operation;\n(ii) any legal character, to which it declares any such person to be entitled,\naccrued to that person at the time when such judgment, order or decree declares it to\nhave accrued to that person;\n(iii) any legal character which it takes away from any such person ceased at the\ntime from which such judgment, order or decree declared that it had ceased or should\ncease; and\n(iv) anything to which it declares any person to be so entitled was the property\nof that person at the time from which such judgment, order or decree declares that it\nhad been or should be his property.\n36. Judgments, orders or decrees other than those mentioned in section 35 are relevant\nif they relate to matters of a public nature relevant to the enquiry; but such judgments,\norders or decrees are not conclusive proof of that which they state.\n\nIllustration.\nA sues B for trespass on his land. B alleges the existence of a public right of way over\nthe land, which A denies. The existence of a decree in favour of the defendant, in a suit by\nA against C for a trespass on the same land, in which C alleged the existence of the same\nright of way, is relevant, but it is not conclusive proof that the right of way exists.\n\nRelevancy and\neffect of\njudgments,\norders or\ndecrees, other\nthan those\nmentioned in\nsection 35.\n\n\fJudgments,\netc., other\nthan those\nmentioned in\nsections 34, 35\nand 36 when\nrelevant.\n\n37. Judgments or orders or decrees, other than those mentioned in sections 34, 35\nand 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in\nissue, or is relevant under some other provision of this Adhiniyam.\nIllustrations.\n(a) A and B separately sue C for a libel which reflects upon each of them. C in each\ncase says that the matter alleged to be libellous is true, and the circumstances are such that\nit is probably true in each case, or in neither. A obtains a decree against C for damages on the\nground that C failed to make out his justification. The fact is irrelevant as between B and C.\n(b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C\nfor the cow, which B had sold to him before his conviction. As between A and C, the\njudgment against B is irrelevant.\n(c) A has obtained a decree for the possession of land against B. C, B's son, murders\nA in consequence. The existence of the judgment is relevant, as showing motive for a crime.\n(d) A is charged with theft and with having been previously convicted of theft. The\nprevious conviction is relevant as a fact in issue.\n(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was\nconvicted and sentenced is relevant under section 6 as showing the motive for the fact in\nissue.\n\nFraud or\ncollusion in\nobtaining\njudgment, or\nincompetency\nof Court, may\nbe proved.\n\n38. Any party to a suit or other proceeding may show that any judgment, order or\ndecree which is relevant under section 34, 35 or 36, and which has been proved by the\nadverse party, was delivered by a Court not competent to deliver it, or was obtained by\nfraud or collusion.\n\nOpinions of\nexperts.\n\n39. (1) When the Court has to form an opinion upon a point of foreign law or of\nscience or art, or any other field, or as to identity of handwriting or finger impressions, the\nopinions upon that point of persons specially skilled in such foreign law, science or art, or\nany other field, or in questions as to identity of handwriting or finger impressions are\nrelevant facts and such persons are called experts.\n\nOpinions of third persons when relevant\n\nIllustrations.\n(a) The question is, whether the death of A was caused by poison. The opinions of\nexperts as to the symptoms produced by the poison by which A is supposed to have died,\nare relevant.\n(b) The question is, whether A, at the time of doing a certain act, was, by reason of\nunsoundness of mind, incapable of knowing the nature of the act, or that he was doing what\nwas either wrong or contrary to law. The opinions of experts upon the question whether the\nsymptoms exhibited by A commonly show unsoundness of mind, and whether such\nunsoundness of mind usually renders persons incapable of knowing the nature of the acts\nwhich they do, or of knowing that what they do is either wrong or contrary to law, are\nrelevant.\n(c) The question is, whether a certain document was written by A. Another document\nis produced which is proved or admitted to have been written by A. The opinions of experts\n\n\fon the question whether the two documents were written by the same person or by different\npersons, are relevant.\n\n21 of 2000.\n\n(2) When in a proceeding, the court has to form an opinion on any matter relating to\nany information transmitted or stored in any computer resource or any other electronic or\ndigital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of\nthe Information Technology Act, 2000, is a relevant fact.\nExplanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence\nshall be an expert.\n40. Facts, not otherwise relevant, are relevant if they support or are inconsistent Facts bearing\nupon opinions\nwith the opinions of experts, when such opinions are relevant.\nof experts.\n\nIllustrations.\n(a) The question is, whether A was poisoned by a certain poison. The fact that other\npersons, who were poisoned by that poison, exhibited certain symptoms which experts\naffirm or deny to be the symptoms of that poison, is relevant.\n(b) The question is, whether an obstruction to a harbour is caused by a certain\nsea-wall. The fact that other harbours similarly situated in other respects, but where there\nwere no such sea-walls, began to be obstructed at about the same time, is relevant.\n41. (1) When the Court has to form an opinion as to the person by whom any document\nwas written or signed, the opinion of any person acquainted with the handwriting of the\nperson by whom it is supposed to be written or signed that it was or was not written or\nsigned by that person, is a relevant fact.\n\nOpinion as to\nhandwriting\nand signature,\nwhen relevant.\n\nExplanation.—A person is said to be acquainted with the handwriting of another\nperson when he has seen that person write, or when he has received documents purporting\nto be written by that person in answer to documents written by himself or under his authority\nand addressed to that person, or when, in the ordinary course of business, documents\npurporting to be written by that person have been habitually submitted to him.\nIllustration.\nThe question is, whether a given letter is in the handwriting of A, a merchant in\nItanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received\nletters purporting to be written by him. C, is B's clerk whose duty it was to examine and file\nB's correspondence. D is B's broker, to whom B habitually submitted the letters purporting\nto be written by A for the purpose of advising him thereon. The opinions of B, C and D on\nthe question whether the letter is in the handwriting of A are relevant, though neither B, C\nnor D ever saw A write.\n(2) When the Court has to form an opinion as to the electronic signature of any\nperson, the opinion of the Certifying Authority which has issued the Electronic Signature\nCertificate is a relevant fact.\n42. When the Court has to form an opinion as to the existence of any general custom Opinion as to\nor right, the opinions, as to the existence of such custom or right, of persons who would be existence of\ngeneral custom\nlikely to know of its existence if it existed, are relevant.\nor right, when\n\nExplanation.—The expression \"general custom or right\" includes customs or rights relevant.\ncommon to any considerable class of persons.\nIllustration.\nThe right of the villagers of a particular village to use the water of a particular well is\na general right within the meaning of this section.\n43. When the Court has to form an opinion as to—\n(i) the usages and tenets of any body of men or family;\n\nOpinion as to\nusages, tenets,\netc., when\nrelevant.\n\n\f(ii) the constitution and governance of any religious or charitable\nfoundation; or\n(iii) the meaning of words or terms used in particular districts or by particular\nclasses of people,\nthe opinions of persons having special means of knowledge thereon, are relevant facts.\nOpinion on\nrelationship,\nwhen relevant.\n\n44. When the Court has to form an opinion as to the relationship of one person to\nanother, the opinion, expressed by conduct, as to the existence of such relationship, of any\nperson who, as a member of the family or otherwise, has special means of knowledge on the\nsubject, is a relevant fact:\nProvided that such opinion shall not be sufficient to prove a marriage in proceedings\nunder the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya\nNyaya Sanhita, 2023.\nIllustrations.\n(a) The question is, whether A and B were married. The fact that they were usually\nreceived and treated by their friends as husband and wife, is relevant.\n(b) The question is, whether A was the legitimate son of B. The fact that A was always\ntreated as such by members of the family, is relevant.\n\nGrounds of\nopinion, when\nrelevant.\n\n45. Whenever the opinion of any living person is relevant, the grounds on which\nsuch opinion is based are also relevant.\nIllustration.\nAn expert may give an account of experiments performed by him for the purpose of\nforming his opinion.\nCharacter when relevant\n\nIn civil cases\ncharacter to\nprove conduct\nimputed,\nirrelevant.\n\n46. In civil cases the fact that the character of any person concerned is such as to\nrender probable or improbable any conduct imputed to him, is irrelevant, except in so far as\nsuch character appears from facts otherwise relevant.\n\nIn criminal\ncases previous\ngood character\nrelevant.\n\n47. In criminal proceedings the fact that the person accused is of a good character, is\nrelevant.\n\nEvidence of\ncharacter or\nprevious sexual\nexperience not\nrelevant in\ncertain cases.\n\n48. In a prosecution for an offence under section 64, section 65, section 66,\nsection 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76,\nsection 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any\nsuch offence, where the question of consent is in issue, evidence of the character of the\nvictim or of such person's previous sexual experience with any person shall not be relevant\non the issue of such consent or the quality of consent.\n\n49. In criminal proceedings, the fact that the accused has a bad character, is irrelevant,\nPrevious bad\ncharacter not\nunless evidence has been given that he has a good character, in which case it becomes\nrelevant,\nrelevant.\nexcept in reply.\nExplanation 1.—This section does not apply to cases in which the bad character of\nany person is itself a fact in issue.\nExplanation 2.—A previous conviction is relevant as evidence of bad character.\n\n4 of 1869.\n\n\f50. In civil cases, the fact that the character of any person is such as to affect the Character as\naffecting\namount of damages which he ought to receive, is relevant.\ndamages.\n\nExplanation.—In this section and sections 46, 47 and 49, the word \"character\"\nincludes both reputation and disposition; but, except as provided in section 49, evidence\nmay be given only of general reputation and general disposition, and not of particular acts\nby which reputation or disposition has been shown.\nPART III\nON PROOF\nCHAPTER III\nFACTS WHICH NEED NOT BE PROVED\n51. No fact of which the Court will take judicial notice need be proved.\n\nFact judicially\nnoticeable\nneed not be\nproved.\n\n52. (1) The Court shall take judicial notice of the following facts, namely:—\n\nFacts of which\nCourt shall\ntake judicial\nnotice.\n\n(a) all laws in force in the territory of India including laws having extra-territorial\noperation;\n(b) international treaty, agreement or convention with country or countries by\nIndia, or decisions made by India at international associations or other bodies;\n(c) the course of proceeding of the Constituent Assembly of India, of Parliament\nof India and of the State Legislatures;\n(d) the seals of all Courts and Tribunals;\n(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public,\nand all seals which any person is authorised to use by the Constitution, or by an Act\nof Parliament or State Legislatures, or Regulations having the force of law in India;\n(f) the accession to office, names, titles, functions, and signatures of the persons\nfilling for the time being any public office in any State, if the fact of their appointment\nto such office is notified in any Official Gazette;\n(g) the existence, title and national flag of every country or sovereign recognised\nby the Government of India;\n(h) the divisions of time, the geographical divisions of the world, and public\nfestivals, fasts and holidays notified in the Official Gazette;\n(i) the territory of India;\n(j) the commencement, continuance and termination of hostilities between the\nGovernment of India and any other country or body of persons;\n(k) the names of the members and officers of the Court and of their deputies and\nsubordinate officers and assistants, and also of all officers acting in execution of its\nprocess, and of advocates and other persons authorised by law to appear or act\nbefore it;\n(l) the rule of the road on land or at sea.\n(2) In the cases referred to in sub-section (1) and also on all matters of public history,\nliterature, science or art, the Court may resort for its aid to appropriate books or documents\nof reference and if the Court is called upon by any person to take judicial notice of any fact,\nit may refuse to do so unless and until such person produces any such book or document\nas it may consider necessary to enable it to do so.\n\n\fFacts admitted\nneed not be\nproved.\n\n53. No fact needs to be proved in any proceeding which the parties thereto or their\nagents agree to admit at the hearing, or which, before the hearing, they agree to admit by\nany writing under their hands, or which by any rule of pleading in force at the time they are\ndeemed to have admitted by their pleadings:\nProvided that the Court may, in its discretion, require the facts admitted to be proved\notherwise than by such admissions.\nCHAPTER IV\nOF ORAL EVIDENCE\n\nProof of facts\nby oral\nevidence.\n\n54. All facts, except the contents of documents may be proved by oral evidence.\n\nOral evidence\nto be direct.\n\n55. Oral evidence shall, in all cases whatever, be direct; if it refers to,—\n(i) a fact which could be seen, it must be the evidence of a witness who says he\nsaw it;\n(ii) a fact which could be heard, it must be the evidence of a witness who says\nhe heard it;\n(iii) a fact which could be perceived by any other sense or in any other manner,\nit must be the evidence of a witness who says he perceived it by that sense or in that\nmanner;\n(iv) an opinion or to the grounds on which that opinion is held, it must be the\nevidence of the person who holds that opinion on those grounds:\nProvided that the opinions of experts expressed in any treatise commonly offered for\nsale, and the grounds on which such opinions are held, may be proved by the production\nof such treatises if the author is dead or cannot be found, or has become incapable of giving\nevidence, or cannot be called as a witness without an amount of delay or expense which the\nCourt regards as unreasonable:\nProvided further that, if oral evidence refers to the existence or condition of any\nmaterial thing other than a document, the Court may, if it thinks fit, require the production of\nsuch material thing for its inspection.\nCHAPTER V\nOF DOCUMENTARY EVIDENCE\n\nProof of\ncontents of\ndocuments.\n\n56. The contents of documents may be proved either by primary or by secondary\nevidence.\n\nPrimary\nevidence.\n\n57. Primary evidence means the document itself produced for the inspection of the\nCourt.\nExplanation 1.—Where a document is executed in several parts, each part is primary\nevidence of the document.\nExplanation 2.—Where a document is executed in counterpart, each counterpart\nbeing executed by one or some of the parties only, each counterpart is primary evidence as\nagainst the parties executing it.\nExplanation 3.—Where a number of documents are all made by one uniform process,\nas in the case of printing, lithography or photography, each is primary evidence of the\ncontents of the rest; but, where they are all copies of a common original, they are not\nprimary evidence of the contents of the original.\n\n\fExplanation 4.—Where an electronic or digital record is created or stored, and such\nstorage occurs simultaneously or sequentially in multiple files, each such file is primary\nevidence.\nExplanation 5.—Where an electronic or digital record is produced from proper\ncustody, such electronic and digital record is primary evidence unless it is disputed.\nExplanation 6.—Where a video recording is simultaneously stored in electronic\nform and transmitted or broadcast or transferred to another, each of the stored recordings is\nprimary evidence.\nExplanation 7.—Where an electronic or digital record is stored in multiple storage\nspaces in a computer resource, each such automated storage, including temporary files, is\nprimary evidence.\nIllustration.\nA person is shown to have been in possession of a number of placards, all printed at\none time from one original. Any one of the placards is primary evidence of the contents of\nany other, but no one of them is primary evidence of the contents of the original.\n58. Secondary evidence includes—\n(i) certified copies given under the provisions hereinafter contained;\n\nSecondary\nevidence.\n\n(ii) copies made from the original by mechanical processes which in themselves\nensure the accuracy of the copy, and copies compared with such copies;\n(iii) copies made from or compared with the original;\n(iv) counterparts of documents as against the parties who did not execute\nthem;\n(v) oral accounts of the contents of a document given by some person who has\nhimself seen it;\n(vi) oral admissions;\n(vii) written admissions;\n(viii) evidence of a person who has examined a document, the original of which\nconsists of numerous accounts or other documents which cannot conveniently be\nexamined in Court, and who is skilled in the examination of such documents.\nIllustrations.\n(a) A photograph of an original is secondary evidence of its contents, though the\ntwo have not been compared, if it is proved that the thing photographed was the original.\n(b) A copy compared with a copy of a letter made by a copying machine is secondary\nevidence of the contents of the letter, if it is shown that the copy made by the copying\nmachine was made from the original.\n(c) A copy transcribed from a copy, but afterwards compared with the original, is\nsecondary evidence; but the copy not so compared is not secondary evidence of the\noriginal, although the copy from which it was transcribed was compared with the original.\n(d) Neither an oral account of a copy compared with the original, nor an oral account\nof a photograph or machine-copy of the original, is secondary evidence of the original.\n59. Documents shall be proved by primary evidence except in the cases hereinafter Proof of\ndocuments by\nmentioned.\nprimary\nevidence.\n\n\fCases in which\nsecondary\nevidence\nrelating to\ndocuments may\nbe given.\n\n60. Secondary evidence may be given of the existence, condition, or contents of a\ndocument in the following cases, namely: —\n(a) when the original is shown or appears to be in the possession or power—\n(i) of the person against whom the document is sought to be proved; or\n(ii) of any person out of reach of, or not subject to, the process of the\nCourt; or\n(iii) of any person legally bound to produce it,\nand when, after the notice mentioned in section 64 such person does not produce it;\n(b) when the existence, condition or contents of the original have been proved\nto be admitted in writing by the person against whom it is proved or by his\nrepresentative in interest;\n(c) when the original has been destroyed or lost, or when the party offering\nevidence of its contents cannot, for any other reason not arising from his own default\nor neglect, produce it in reasonable time;\n(d) when the original is of such a nature as not to be easily movable;\n(e) when the original is a public document within the meaning of section 74;\n(f) when the original is a document of which a certified copy is permitted by this\nAdhiniyam, or by any other law in force in India to be given in evidence;\n(g) when the originals consist of numerous accounts or other documents which\ncannot conveniently be examined in Court, and the fact to be proved is the general\nresult of the whole collection.\nExplanation.—For the purposes of—\n(i) clauses (a), (c) and (d), any secondary evidence of the contents of the\ndocument is admissible;\n(ii) clause (b), the written admission is admissible;\n(iii) clause (e) or (f), a certified copy of the document, but no other kind of\nsecondary evidence, is admissible;\n(iv) clause (g), evidence may be given as to the general result of the documents\nby any person who has examined them, and who is skilled in the examination of such\ndocument.\n\nElectronic or\ndigital record.\n\n61. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic\nor digital record in the evidence on the ground that it is an electronic or digital record and\nsuch record shall, subject to section 63, have the same legal effect, validity and enforceability\nas other document.\n\n62. The contents of electronic records may be proved in accordance with the\nSpecial\nprovisions as to provisions of section 63.\nevidence\nrelating to\nelectronic\nrecord.\nAdmissibility\nof electronic\nrecords.\n\n63. (1) Notwithstanding anything contained in this Adhiniyam, any information\ncontained in an electronic record which is printed on paper, stored, recorded or copied in\noptical or magnetic media or semiconductor memory which is produced by a computer or\nany communication device or otherwise stored, recorded or copied in any electronic form\n(hereinafter referred to as the computer output) shall be deemed to be also a document, if\nthe conditions mentioned in this section are satisfied in relation to the information and\n\n\fcomputer in question and shall be admissible in any proceedings, without further proof or\nproduction of the original, as evidence or any contents of the original or of any fact stated\ntherein of which direct evidence would be admissible.\n(2) The conditions referred to in sub-section (1) in respect of a computer output shall\nbe the following, namely:—\n(a) the computer output containing the information was produced by the\ncomputer or communication device during the period over which the computer or\ncommunication device was used regularly to create, store or process information\nfor the purposes of any activity regularly carried on over that period by the\nperson having lawful control over the use of the computer or communication\ndevice;\n(b) during the said period, information of the kind contained in the electronic\nrecord or of the kind from which the information so contained is derived was regularly\nfed into the computer or communication device in the ordinary course of the said\nactivities;\n(c) throughout the material part of the said period, the computer or\ncommunication device was operating properly or, if not, then in respect of any\nperiod in which it was not operating properly or was out of operation during that\npart of the period, was not such as to affect the electronic record or the\naccuracy of its contents; and\n(d) the information contained in the electronic record reproduces or is\nderived from such information fed into the computer or communication device in the\nordinary course of the said activities.\n(3) Where over any period, the function of creating, storing or processing information\nfor the purposes of any activity regularly carried on over that period as mentioned in\nclause (a) of sub-section (2) was regularly performed by means of one or more computers or\ncommunication device, whether—\n(a) in standalone mode; or\n(b) on a computer system; or\n(c) on a computer network; or\n(d) on a computer resource enabling information creation or providing information\nprocessing and storage; or\n(e) through an intermediary,\nall the computers or communication devices used for that purpose during that period shall\nbe treated for the purposes of this section as constituting a single computer or communication\ndevice; and references in this section to a computer or communication device shall be\nconstrued accordingly.\n(4) In any proceeding where it is desired to give a statement in evidence by virtue of\nthis section, a certificate doing any of the following things shall be submitted along with the\nelectronic record at each instance where it is being submitted for admission, namely:—\n(a) identifying the electronic record containing the statement and describing\nthe manner in which it was produced;\n(b) giving such particulars of any device involved in the production of that\nelectronic record as may be appropriate for the purpose of showing that the electronic\nrecord was produced by a computer or a communication device referred to in clauses (a)\nto (e) of sub-section (3);\n(c) dealing with any of the matters to which the conditions mentioned in\nsub-section (2) relate,\nand purporting to be signed by a person in charge of the computer or communication\ndevice or the management of the relevant activities (whichever is appropriate) and an expert\nshall be evidence of any matter stated in the certificate; and for the purposes of this\nsub-section it shall be sufficient for a matter to be stated to the best of the knowledge and\nbelief of the person stating it in the certificate specified in the Schedule.\n\n\f(5) For the purposes of this section,—\n(a) information shall be taken to be supplied to a computer or communication\ndevice if it is supplied thereto in any appropriate form and whether it is so supplied\ndirectly or (with or without human intervention) by means of any appropriate\nequipment;\n(b) a computer output shall be taken to have been produced by a computer or\ncommunication device whether it was produced by it directly or (with or without\nhuman intervention) by means of any appropriate equipment or by other electronic\nmeans as referred to in clauses (a) to (e) of sub-section (3).\nRules as to\nnotice to\nproduce.\n\n64. Secondary evidence of the contents of the documents referred to in clause (a) of\nsection 60, shall not be given unless the party proposing to give such secondary evidence\nhas previously given to the party in whose possession or power the document is, or to his\nadvocate or representative, such notice to produce it as is prescribed by law; and if no\nnotice is prescribed by law, then such notice as the Court considers reasonable under the\ncircumstances of the case:\nProvided that such notice shall not be required in order to render secondary evidence\nadmissible in any of the following cases, or in any other case in which the Court thinks fit\nto dispense with it:—\n(a) when the document to be proved is itself a notice;\n(b) when, from the nature of the case, the adverse party must know that he will\nbe required to produce it;\n(c) when it appears or is proved that the adverse party has obtained possession\nof the original by fraud or force;\n(d) when the adverse party or his agent has the original in Court;\n(e) when the adverse party or his agent has admitted the loss of the document;\n(f) when the person in possession of the document is out of reach of, or not\nsubject to, the process of the Court.\n\nProof of\nsignature and\nhandwriting of\nperson alleged\nto have signed\nor written\ndocument\nproduced.\n\n65. If a document is alleged to be signed or to have been written wholly or in part by\nany person, the signature or the handwriting of so much of the document as is alleged to be\nin that person's handwriting must be proved to be in his handwriting.\n\nProof as to\nelectronic\nsignature.\n\n66. Except in the case of a secure electronic signature, if the electronic signature of\nany subscriber is alleged to have been affixed to an electronic record, the fact that such\nelectronic signature is the electronic signature of the subscriber must be proved.\n\nProof of\nexecution of\ndocument\nrequired by law\nto be attested.\n\n67. If a document is required by law to be attested, it shall not be used as evidence\nuntil one attesting witness at least has been called for the purpose of proving its execution,\nif there be an attesting witness alive, and subject to the process of the Court and capable of\ngiving evidence:\nProvided that it shall not be necessary to call an attesting witness in proof of the\nexecution of any document, not being a will, which has been registered in accordance with\nthe provisions of the Indian Registration Act, 1908, unless its execution by the person by\nwhom it purports to have been executed is specifically denied.\n\nProof where\nno attesting\nwitness found.\n\n68. If no such attesting witness can be found, it must be proved that the attestation\nof one attesting witness at least is in his handwriting, and that the signature of the person\nexecuting the document is in the handwriting of that person.\n\n16 of 1908.\n\n\f69. The admission of a party to an attested document of its execution by himself\nshall be sufficient proof of its execution as against him, though it be a document required by\nlaw to be attested.\n\nAdmission of\nexecution by\nparty to\nattested\ndocument.\n\n70. If the attesting witness denies or does not recollect the execution of the document, Proof when\nattesting\nits execution may be proved by other evidence.\n\nwitness denies\nexecution.\n\n71. An attested document not required by law to be attested may be proved as if it Proof of\ndocument not\nwas unattested.\n\nrequired by law\nto be attested.\n\n72. (1) In order to ascertain whether a signature, writing or seal is that of the person\nby whom it purports to have been written or made, any signature, writing, or seal admitted\nor proved to the satisfaction of the Court to have been written or made by that person may\nbe compared with the one which is to be proved, although that signature, writing or seal has\nnot been produced or proved for any other purpose.\n\nComparison\nof signature,\nwriting or seal\nwith others\nadmitted or\nproved.\n\n(2) The Court may direct any person present in Court to write any words or figures for\nthe purpose of enabling the Court to compare the words or figures so written with any\nwords or figures alleged to have been written by such person.\n(3) This section applies also, with any necessary modifications, to finger impressions.\n73. In order to ascertain whether a digital signature is that of the person by whom it Proof as to\nverification of\npurports to have been affixed, the Court may direct—\ndigital\n\n(a) that person or the Controller or the Certifying Authority to produce the signature.\nDigital Signature Certificate;\n(b) any other person to apply the public key listed in the Digital Signature\nCertificate and verify the digital signature purported to have been affixed by that\nperson.\nPublic documents\n74. (1) The following documents are public documents:—\n(a) documents forming the acts, or records of the acts—\n\nPublic and\nprivate\ndocuments.\n\n(i) of the sovereign authority;\n(ii) of official bodies and tribunals; and\n(iii) of public officers, legislative, judicial and executive of India or of a\nforeign country;\n(b) public records kept in any State or Union territory of private documents.\n(2) All other documents except the documents referred to in sub-section (1) are\nprivate.\n75. Every public officer having the custody of a public document, which any person\nhas a right to inspect, shall give that person on demand a copy of it on payment of the legal\nfees therefor, together with a certificate written at the foot of such copy that it is a true copy\nof such document or part thereof, as the case may be, and such certificate shall be dated and\nsubscribed by such officer with his name and his official title, and shall be sealed, whenever\nsuch officer is authorised by law to make use of a seal; and such copies so certified shall be\ncalled certified copies.\n\nCertified\ncopies of\npublic\ndocuments.\n\n\fExplanation.—Any officer who, by the ordinary course of official duty, is authorised\nto deliver such copies, shall be deemed to have the custody of such documents within the\nmeaning of this section.\nProof of\ndocuments by\nproduction of\ncertified\ncopies.\nProof of other\nofficial\ndocuments.\n\n76. Such certified copies may be produced in proof of the contents of the public\ndocuments or parts of the public documents of which they purport to be copies.\n\n77. The following public documents may be proved as follows:—\n(a) Acts, orders or notifications of the Central Government in any of its Ministries\nand Departments or of any State Government or any Department of any State\nGovernment or Union territory Administration—\n(i) by the records of the Departments, certified by the head of those\nDepartments respectively; or\n(ii) by any document purporting to be printed by order of any such\nGovernment;\n(b) the proceedings of Parliament or a State Legislature, by the journals of those\nbodies respectively, or by published Acts or abstracts, or by copies purporting to be\nprinted by order of the Government concerned;\n(c) proclamations, orders or Regulations issued by the President of India or the\nGovernor of a State or the Administrator or Lieutenant Governor of a Union territory,\nby copies or extracts contained in the Official Gazette;\n(d) the Acts of the Executive or the proceedings of the Legislature of a foreign\ncountry, by journals published by their authority, or commonly received in that country\nas such, or by a copy certified under the seal of the country or sovereign, or by a\nrecognition thereof in any Central Act;\n(e) the proceedings of a municipal or local body in a State, by a copy of such\nproceedings, certified by the legal keeper thereof, or by a printed book purporting to\nbe published by the authority of such body;\n(f) public documents of any other class in a foreign country, by the original or\nby a copy certified by the legal keeper thereof, with a certificate under the seal of a\nNotary Public, or of an Indian Consul or diplomatic agent, that the copy is duly\ncertified by the officer having the legal custody of the original, and upon proof of the\ncharacter of the document according to the law of the foreign country.\nPresumptions as to documents\n\nPresumption\nas to\ngenuineness of\ncertified\ncopies.\n\n78. (1) The Court shall presume to be genuine every document purporting to be a\ncertificate, certified copy or other document, which is by law declared to be admissible as\nevidence of any particular fact and which purports to be duly certified by any officer of the\nCentral Government or of a State Government:\nProvided that such document is substantially in the form and purports to be executed\nin the manner directed by law in that behalf.\n(2) The Court shall also presume that any officer by whom any such document\npurports to be signed or certified, held, when he signed it, the official character which he\nclaims in such paper.\n\nPresumption as\nto documents\nproduced as\nrecord of\nevidence, etc.\n\n79. Whenever any document is produced before any Court, purporting to be a record\nor memorandum of the evidence, or of any part of the evidence, given by a witness in a\njudicial proceeding or before any officer authorised by law to take such evidence or to be a\nstatement or confession by any prisoner or accused person, taken in accordance with law,\n\n\fand purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid,\nthe Court shall presume that—\n(i) the document is genuine;\n(ii) any statements as to the circumstances under which it was taken, purporting\nto be made by the person signing it, are true; and\n(iii) such evidence, statement or confession was duly taken.\n80. The Court shall presume the genuineness of every document purporting to be\nthe Official Gazette, or to be a newspaper or journal, and of every document purporting to be\na document directed by any law to be kept by any person, if such document is kept\nsubstantially in the form required by law and is produced from proper custody.\n\nPresumption\nas to Gazettes,\nnewspapers,\nand other\ndocuments.\n\nExplanation.—For the purposes of this section and section 92, document is said to\nbe in proper custody if it is in the place in which, and looked after by the person with whom\nsuch document is required to be kept; but no custody is improper if it is proved to have had\na legitimate origin, or if the circumstances of the particular case are such as to render that\norigin probable.\n81. The Court shall presume the genuineness of every electronic or digital record\npurporting to be the Official Gazette, or purporting to be electronic or digital record directed\nby any law to be kept by any person, if such electronic or digital record is kept substantially\nin the form required by law and is produced from proper custody.\n\nPresumption\nas to Gazettes\nin electronic\nor digital\nrecord.\n\nExplanation.—For the purposes of this section and section 93 electronic records are\nsaid to be in proper custody if they are in the place in which, and looked after by the person\nwith whom such document is required to be kept; but no custody is improper if it is proved\nto have had a legitimate origin, or the circumstances of the particular case are such as to\nrender that origin probable.\n82. The Court shall presume that maps or plans purporting to be made by the authority\nof the Central Government or any State Government were so made, and are accurate; but\nmaps or plans made for the purposes of any cause must be proved to be accurate.\n\nPresumption\nas to maps or\nplans made by\nauthority of\nGovernment.\n\n83. The Court shall presume the genuineness of, every book purporting to be printed\nor published under the authority of the Government of any country, and to contain any of\nthe laws of that country, and of every book purporting to contain reports of decisions of the\nCourts of such country.\n\nPresumption as\nto collections\nof laws and\nreports of\ndecisions.\n\n84. The Court shall presume that every document purporting to be a Presumption\npower-of-attorney, and to have been executed before, and authenticated by, a Notary Public, as to powersof-attorney.\nor any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the\nCentral Government, was so executed and authenticated.\n85. The Court shall presume that every electronic record purporting to be an agreement Presumption as\ncontaining the electronic or digital signature of the parties was so concluded by affixing the to electronic\nagreements.\nelectronic or digital signature of the parties.\n86. (1) In any proceeding involving a secure electronic record, the Court shall presume\nunless contrary is proved, that the secure electronic record has not been altered since the\nspecific point of time to which the secure status relates.\n(2) In any proceeding, involving secure electronic signature, the Court shall presume\nunless the contrary is proved that—\n(a) the secure electronic signature is affixed by subscriber with the intention of\nsigning or approving the electronic record;\n(b) except in the case of a secure electronic record or a secure electronic signature,\nnothing in this section shall create any presumption, relating to authenticity and\nintegrity of the electronic record or any electronic signature.\n\nPresumption\nas to\nelectronic\nrecords and\nelectronic\nsignatures.\n\n\fPresumption as\nto Electronic\nSignature\nCertificates.\n\n87. The Court shall presume, unless contrary is proved, that the information listed in\nan Electronic Signature Certificate is correct, except for information specified as subscriber\ninformation which has not been verified, if the certificate was accepted by the subscriber.\n\nPresumption\nas to certified\ncopies of\nforeign judicial\nrecords.\n\n88. (1) The Court may presume that any document purporting to be a certified copy of\nany judicial record of any country beyond India is genuine and accurate, if the document\npurports to be certified in any manner which is certified by any representative of the Central\nGovernment in or for such country to be the manner commonly in use in that country for the\ncertification of copies of judicial records.\n(2) An officer who, with respect to any territory or place outside India is a Political\nAgent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall,\nfor the purposes of this section, be deemed to be a representative of the Central Government\nin and for the country comprising that territory or place.\n\nPresumption\nas to books,\nmaps and\ncharts.\n\n89. The Court may presume that any book to which it may refer for information on\nmatters of public or general interest, and that any published map or chart, the statements of\nwhich are relevant facts, and which is produced for its inspection, was written and published\nby the person, and at the time and place, by whom or at which it purports to have been\nwritten or published.\n\nPresumption\nas to\nelectronic\nmessages.\n\n90. The Court may presume that an electronic message, forwarded by the originator\nthrough an electronic mail server to the addressee to whom the message purports to be\naddressed corresponds with the message as fed into his computer for transmission; but the\nCourt shall not make any presumption as to the person by whom such message was sent.\n\nPresumption as\nto due\nexecution, etc.,\nof documents\nnot produced.\n\n91. The Court shall presume that every document, called for and not produced after\nnotice to produce, was attested, stamped and executed in the manner required by law.\n\nPresumption\nas to\ndocuments\nthirty years\nold.\n\n92. Where any document, purporting or proved to be thirty years old, is produced\nfrom any custody which the Court in the particular case considers proper, the Court may\npresume that the signature and every other part of such document, which purports to be in\nthe handwriting of any particular person, is in that person's handwriting, and, in the case of\na document executed or attested, that it was duly executed and attested by the persons by\nwhom it purports to be executed and attested.\nExplanation.—The Explanation to section 80 shall also apply to this section.\nIllustrations.\n(a) A has been in possession of landed property for a long time. He produces from\nhis custody deeds relating to the land showing his titles to it. The custody shall be proper.\n(b) A produces deeds relating to landed property of which he is the mortgagee. The\nmortgagor is in possession. The custody shall be proper.\n(c) A, a connection of B, produces deeds relating to lands in B's possession, which\nwere deposited with him by B for safe custody. The custody shall be proper.\n\nPresumption\nas to\nelectronic\nrecords five\nyears old.\n\n93. Where any electronic record, purporting or proved to be five years old, is produced\nfrom any custody which the Court in the particular case considers proper, the Court may\npresume that the electronic signature which purports to be the electronic signature of any\nparticular person was so affixed by him or any person authorised by him in this behalf.\nExplanation.—The Explanation to section 81 shall also apply to this section.\n\n10 of 1897.\n\n\fCHAPTER VI\nOF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE\n94. When the terms of a contract, or of a grant, or of any other disposition of property,\nhave been reduced to the form of a document, and in all cases in which any matter is\nrequired by law to be reduced to the form of a document, no evidence shall be given in proof\nof the terms of such contract, grant or other disposition of property, or of such matter,\nexcept the document itself, or secondary evidence of its contents in cases in which secondary\nevidence is admissible under the provisions hereinbefore contained.\nException 1.—When a public officer is required by law to be appointed in writing,\nand when it is shown that any particular person has acted as such officer, the writing by\nwhich he is appointed need not be proved.\n\nEvidence of\nterms of\ncontracts,\ngrants and\nother\ndispositions of\nproperty\nreduced to form\nof document.\n\nException 2.—Wills admitted to probate in India may be proved by the probate.\nExplanation 1.—This section applies equally to cases in which the contracts, grants\nor dispositions of property referred to are contained in one document, and to cases in which\nthey are contained in more documents than one.\nExplanation 2.—Where there are more originals than one, one original only need be\nproved.\nExplanation 3.—The statement, in any document whatever, of a fact other than the\nfacts referred to in this section, shall not preclude the admission of oral evidence as to the\nsame fact.\nIllustrations.\n(a) If a contract be contained in several letters, all the letters in which it is contained\nmust be proved.\n(b) If a contract is contained in a bill of exchange, the bill of exchange must be\nproved.\n(c) If a bill of exchange is drawn in a set of three, one only need be proved.\n(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The\ncontract mentions the fact that B had paid A the price of other indigo contracted for verbally\non another occasion. Oral evidence is offered that no payment was made for the other\nindigo. The evidence is admissible.\n(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment.\nThe evidence is admissible.\n95. When the terms of any such contract, grant or other disposition of property, or\nany matter required by law to be reduced to the form of a document, have been proved\naccording to section 94, no evidence of any oral agreement or statement shall be admitted,\nas between the parties to any such instrument or their representatives in interest, for the\npurpose of contradicting, varying, adding to, or subtracting from, its terms:\nProvided that any fact may be proved which would invalidate any document, or\nwhich would entitle any person to any decree or order relating thereto; such as fraud,\nintimidation, illegality, want of due execution, want of capacity in any contracting party,\nwant or failure of consideration, or mistake in fact or law:\nProvided further that the existence of any separate oral agreement as to any matter on\nwhich a document is silent, and which is not inconsistent with its terms, may be proved. In\nconsidering whether or not this proviso applies, the Court shall have regard to the degree\nof formality of the document:\nProvided also that the existence of any separate oral agreement, constituting a condition\nprecedent to the attaching of any obligation under any such contract, grant or disposition\nof property, may be proved:\nProvided also that the existence of any distinct subsequent oral agreement to rescind\nor modify any such contract, grant or disposition of property, may be proved, except in\n\nExclusion of\nevidence of\noral\nagreement.\n\n\fcases in which such contract, grant or disposition of property is by law required to be in\nwriting, or has been registered according to the law in force for the time being as to the\nregistration of documents:\nProvided also that any usage or custom by which incidents not expressly mentioned\nin any contract are usually annexed to contracts of that description, may be proved:\nProvided also that the annexing of such incident would not be repugnant to, or\ninconsistent with, the express terms of the contract:\nProvided also that any fact may be proved which shows in what manner the language\nof a document is related to existing facts.\nIllustrations.\n(a) A policy of insurance is effected on goods \"in ships from Kolkata to\nVisakhapatnam\". The goods are shipped in a particular ship which is lost. The fact that\nparticular ship was orally excepted from the policy, cannot be proved.\n(b) A agrees absolutely in writing to pay B one thousand rupees on the\n1st March, 2023. The fact that, at the same time, an oral agreement was made that the money\nshould not be paid till the 31st March, 2023, cannot be proved.\n(c) An estate called \"the Rampur tea estate\" is sold by a deed which contains a map\nof the property sold. The fact that land not included in the map had always been regarded\nas part of the estate and was meant to pass by the deed cannot be proved.\n(d) A enters into a written contract with B to work certain mines, the property of B,\nupon certain terms. A was induced to do so by a misrepresentation of B's as to their value.\nThis fact may be proved.\n(e) A institutes a suit against B for the specific performance of a contract, and also\nprays that the contract may be reformed as to one of its provisions, as that provision was\ninserted in it by mistake. A may prove that such a mistake was made as would by law entitle\nhim to have the contract reformed.\n(f) A orders goods of B by a letter in which nothing is said as to the time of payment,\nand accepts the goods on delivery. B sues A for the price. A may show that the goods were\nsupplied on credit for a term still unexpired.\n(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these\nwords—\"Bought of A a horse for thirty thousand rupees\". B may prove the verbal warranty.\n(h) A hires lodgings of B, and gives B a card on which is written—\"Rooms, ten\nthousand rupees a month\". A may prove a verbal agreement that these terms were to\ninclude partial board. A hires lodging of B for a year, and a regularly stamped agreement,\ndrawn up by an advocate, is made between them. It is silent on the subject of board. A may\nnot prove that board was included in the term verbally.\n(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the\nreceipt and does not send the money. In a suit for the amount, A may prove this.\n(j) A and B make a contract in writing to take effect upon the happening of a certain\ncontingency. The writing is left with B who sues A upon it. A may show the circumstances\nunder which it was delivered.\nExclusion of\nevidence to\nexplain or\namend\nambiguous\ndocument.\n\n96. When the language used in a document is, on its face, ambiguous or defective,\nevidence may not be given of facts which would show its meaning or supply its defects.\n\nIllustrations.\n(a) A agrees, in writing, to sell a horse to B for \"one lakh rupees or one lakh fifty\nthousand rupees\". Evidence cannot be given to show which price was to be given.\n(b) A deed contains blanks. Evidence cannot be given of facts which would show\nhow they were meant to be filled.\n\n\f97. When language used in a document is plain in itself, and when it applies accurately\nto existing facts, evidence may not be given to show that it was not meant to apply to such\nfacts.\nIllustration.\n\nExclusion of\nevidence\nagainst\napplication of\ndocument to\nexisting facts.\n\nA sells to B, by deed, \"my estate at Rampur containing one hundred bighas\". A has an\nestate at Rampur containing one hundred bighas. Evidence may not be given of the fact\nthat the estate meant to be sold was one situated at a different place and of a different size.\n98. When language used in a document is plain in itself, but is unmeaning in reference Evidence as to\ndocument\nto existing facts, evidence may be given to show that it was used in a peculiar sense.\nIllustration.\nA sells to B, by deed, \"my house in Kolkata\". A had no house in Kolkata, but it\nappears that he had a house at Howrah, of which B had been in possession since the\nexecution of the deed. These facts may be proved to show that the deed related to the\nhouse at Howrah.\n99. When the facts are such that the language used might have been meant to apply\nto any one, and could not have been meant to apply to more than one, of several persons or\nthings, evidence may be given of facts which show which of those persons or things it was\nintended to apply to.\nIllustrations.\n\nunmeaning in\nreference to\nexisting facts.\n\nEvidence as to\napplication of\nlanguage which\ncan apply to\none only of\nseveral persons.\n\n(a) A agrees to sell to B, for one thousand rupees, \"my white horse\". A has two white\nhorses. Evidence may be given of facts which show which of them was meant.\n(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing\nwhether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.\n100. When the language used applies partly to one set of existing facts, and partly to\nanother set of existing facts, but the whole of it does not apply correctly to either, evidence\nmay be given to show to which of the two it was meant to apply.\nIllustration.\nA agrees to sell to B \"my land at X in the occupation of Y\". A has land at X, but not\nin the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence\nmay be given of facts showing which he meant to sell.\n101. Evidence may be given to show the meaning of illegible or not commonly\nintelligible characters, of foreign, obsolete, technical, local and regional expressions, of\nabbreviations and of words used in a peculiar sense.\nIllustration.\n\nEvidence as to\napplication of\nlanguage to one\nof two sets of\nfacts, to\nneither of\nwhich the\nwhole correctly\napplies.\nEvidence as to\nmeaning of\nillegible\ncharacters,\netc.\n\nA, sculptor, agrees to sell to B, \"all my mods\". A has both models and modelling tools.\nEvidence may be given to show which he meant to sell.\n102. Persons who are not parties to a document, or their representatives in interest,\nmay give evidence of any facts tending to show a contemporaneous agreement varying the\nterms of the document.\nIllustration.\n\nWho may\ngive evidence\nof agreement\nvarying terms\nof document.\n\nA and B make a contract in writing that B shall sell A certain cotton, to be paid for on\ndelivery. At the same time, they make an oral agreement that three months’ credit shall be\ngiven to A. This could not be shown as between A and B, but it might be shown by C, if it\naffected his interests.\n39 of 1925.\n\n103. Nothing in this Chapter shall be taken to affect any of the provisions of the Saving of\nprovisions of\nIndian Succession Act, 1925 as to the construction of wills.\n\nIndian\nSuccession Act\nrelating to\nwills.\n\n\fPARTIV\nPRODUCTION AND EFFECT OF EVIDENCE\nCHAPTER VII\nOF THE BURDEN OF PROOF\nBurden of\nproof.\n\n104. Whoever desires any Court to give judgment as to any legal right or liability\ndependent on the existence of facts which he asserts must prove that those facts exist, and\nwhen a person is bound to prove the existence of any fact, it is said that the burden of proof\nlies on that person.\nIllustrations.\n(a) A desires a Court to give judgment that B shall be punished for a crime which A\nsays B has committed. A must prove that B has committed the crime.\n(b) A desires a Court to give judgment that he is entitled to certain land in the\npossession of B, by reason of facts which he asserts, and which B denies, to be true. A must\nprove the existence of those facts.\n\nOn whom\nburden of\nproof lies.\n\n105. The burden of proof in a suit or proceeding lies on that person who would fail if\nno evidence at all were given on either side.\nIllustrations.\n(a) A sues B for land of which B is in possession, and which, as A asserts, was left to\nA by the will of C, B's father. If no evidence were given on either side, B would be entitled to\nretain his possession. Therefore, the burden of proof is on A.\n(b) A sues B for money due on a bond. The execution of the bond is admitted, but B\nsays that it was obtained by fraud, which A denies. If no evidence were given on either side,\nA would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the\nburden of proof is on B.\n\nBurden of\nproof as to\nparticular fact.\n\n106. The burden of proof as to any particular fact lies on that person who wishes the\nCourt to believe in its existence, unless it is provided by any law that the proof of that fact\nshall lie on any particular person.\nIllustration.\nA prosecutes B for theft, and wishes the Court to believe that B admitted the theft to\nC. A must prove the admission. B wishes the Court to believe that, at the time in question,\nhe was elsewhere. He must prove it.\n\nBurden of\nproving fact\nto be proved\nto make\nevidence\nadmissible.\n\n107. The burden of proving any fact necessary to be proved in order to enable any\nperson to give evidence of any other fact is on the person who wishes to give such\nevidence.\nIllustrations.\n(a) A wishes to prove a dying declaration by B. A must prove B's death.\n(b) A wishes to prove, by secondary evidence, the contents of a lost document. A\nmust prove that the document has been lost.\n\nBurden of\nproving that\ncase of accused\ncomes within\nexceptions.\n\n108. When a person is accused of any offence, the burden of proving the existence of\ncircumstances bringing the case within any of the General Exceptions in the Bharatiya\nNyaya Sanhita, 2023 or within any special exception or proviso contained in any other part\nof the said Sanhita, or in any law defining the offence, is upon him, and the Court shall\npresume the absence of such circumstances.\n\n\fIllustrations.\n(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not\nknow the nature of the act. The burden of proof is on A.\n(b) A, accused of murder, alleges that, by grave and sudden provocation, he was\ndeprived of the power of self-control. The burden of proof is on A.\n(c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in\nthe case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt,\nshall be subject to certain punishments. A is charged with voluntarily causing grievous hurt\nunder section 117. The burden of proving the circumstances bringing the case under\nsub-section (2) of section 122 lies on A.\n109. When any fact is especially within the knowledge of any person, the burden of\nproving that fact is upon him.\nIllustrations.\n\nBurden of\nproving fact\nespecially\nwithin\nknowledge.\n\n(a) When a person does an act with some intention other than that which the character\nand circumstances of the act suggest, the burden of proving that intention is upon him.\n(b) A is charged with travelling on a railway without a ticket. The burden of proving\nthat he had a ticket is on him.\n110. When the question is whether a man is alive or dead, and it is shown that he was\nalive within thirty years, the burden of proving that he is dead is on the person who affirms\nit.\n\nBurden of\nproving death\nof person\nknown to\nhave been\nalive within\nthirty years.\n\n111. When the question is whether a man is alive or dead, and it is proved that he has\nnot been heard of for seven years by those who would naturally have heard of him if he had\nbeen alive, the burden of proving that he is alive is shifted to the person who affirms it.\n\nBurden of\nproving that\nperson is alive\nwho has not\nbeen heard of\nfor seven\nyears.\n\n112. When the question is whether persons are partners, landlord and tenant, or\nprincipal and agent, and it has been shown that they have been acting as such, the burden\nof proving that they do not stand, or have ceased to stand, to each other in those\nrelationships respectively, is on the person who affirms it.\n\nBurden of\nproof as to\nrelationship in\nthe cases of\npartners,\nlandlord and\ntenant,\nprincipal and\nagent.\n\n113. When the question is whether any person is owner of anything of which he is Burden of\nshown to be in possession, the burden of proving that he is not the owner is on the person proof as to\nownership.\nwho affirms that he is not the owner.\n114. Where there is a question as to the good faith of a transaction between parties,\none of whom stands to the other in a position of active confidence, the burden of proving\nthe good faith of the transaction is on the party who is in a position of active confidence.\nIllustrations.\n(a) The good faith of a sale by a client to an advocate is in question in a suit brought\nby the client. The burden of proving the good faith of the transaction is on the advocate.\n(b) The good faith of a sale by a son just come of age to a father is in question in a suit\nbrought by the son. The burden of proving the good faith of the transaction is on the father.\n\nProof of good\nfaith in\ntransactions\nwhere one\nparty is in\nrelation of\nactive\nconfidence.\n\n\fPresumption\nas to certain\noffences.\n\n115. (1) Where a person is accused of having committed any offence specified in\nsub-section (2), in—\n(a) any area declared to be a disturbed area under any enactment for the time\nbeing in force, making provision for the suppression of disorder and restoration and\nmaintenance of public order; or\n(b) any area in which there has been, over a period of more than one month,\nextensive disturbance of the public peace,\nand it is shown that such person had been at a place in such area at a time when firearms or\nexplosives were used at or from that place to attack or resist the members of any armed\nforces or the forces charged with the maintenance of public order acting in the discharge of\ntheir duties, it shall be presumed, unless the contrary is shown, that such person had\ncommitted such offence.\n(2) The offences referred to in sub-section (1) are the following, namely:—\n(a) an offence under section 147, section 148, section 149 or section 150 of the\nBharatiya Nyaya Sanhita, 2023;\n(b) criminal conspiracy or attempt to commit, or abetment of, an offence under\nsection 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.\n\nBirth during\nmarriage,\nconclusive\nproof of\nlegitimacy.\n\n116. The fact that any person was born during the continuance of a valid marriage\nbetween his mother and any man, or within two hundred and eighty days after its dissolution,\nthe mother remaining unmarried, shall be conclusive proof that he is the legitimate child of\nthat man, unless it can be shown that the parties to the marriage had no access to each other\nat any time when he could have been begotten.\n\nPresumption\nas to abetment\nof suicide by a\nmarried\nwoman.\n\n117. When the question is whether the commission of suicide by a woman had been\nabetted by her husband or any relative of her husband and it is shown that she had\ncommitted suicide within a period of seven years from the date of her marriage and that her\nhusband or such relative of her husband had subjected her to cruelty, the Court may\npresume, having regard to all the other circumstances of the case, that such suicide had\nbeen abetted by her husband or by such relative of her husband.\nExplanation.—For the purposes of this section, \"cruelty\" shall have the same meaning\nas in section 86 of the Bharatiya Nyaya Sanhita, 2023.\n\nPresumption\nas to dowry\ndeath.\n\n118. When the question is whether a person has committed the dowry death of a\nwoman and it is shown that soon before her death, such woman had been subjected by\nsuch person to cruelty or harassment for, or in connection with, any demand for dowry, the\nCourt shall presume that such person had caused the dowry death.\nExplanation.—For the purposes of this section, \"dowry death\" shall have the same\nmeaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.\n\nCourt may\npresume\nexistence of\ncertain facts.\n\n119. (1) The Court may presume the existence of any fact which it thinks likely to have\nhappened, regard being had to the common course of natural events, human conduct and\npublic and private business, in their relation to the facts of the particular case.\nIllustrations.\nThe Court may presume that—\n(a) a man who is in possession of stolen goods soon, after the theft is either the\nthief or has received the goods knowing them to be stolen, unless he can account for\nhis possession;\n(b) an accomplice is unworthy of credit, unless he is corroborated in material\nparticulars;\n\n\f(c) a bill of exchange, accepted or endorsed, was accepted or endorsed for good\nconsideration;\n(d) a thing or state of things which has been shown to be in existence within a\nperiod shorter than that within which such things or state of things usually cease to\nexist, is still in existence;\n(e) judicial and official acts have been regularly performed;\n(f) the common course of business has been followed in particular cases;\n(g) evidence which could be and is not produced would, if produced, be\nunfavourable to the person who withholds it;\n(h) if a man refuses to answer a question which he is not compelled to answer\nby law, the answer, if given, would be unfavourable to him;\n(i) when a document creating an obligation is in the hands of the obligor, the\nobligation has been discharged.\n(2) The Court shall also have regard to such facts as the following, in considering\nwhether such maxims do or do not apply to the particular case before it:—\n(i) as to Illustration (a)—a shop-keeper has in his bill a marked rupee soon after\nit was stolen, and cannot account for its possession specifically, but is continually\nreceiving rupees in the course of his business;\n(ii) as to Illustration (b)—A, a person of the highest character, is tried for\ncausing a man's death by an act of negligence in arranging certain machinery. B, a\nperson of equally good character, who also took part in the arrangement, describes\nprecisely what was done, and admits and explains the common carelessness of A and\nhimself;\n(iii) as to Illustration (b)—a crime is committed by several persons. A, B and C,\nthree of the criminals, are captured on the spot and kept apart from each other. Each\ngives an account of the crime implicating D, and the accounts corroborate each other\nin such a manner as to render previous concert highly improbable;\n(iv) as to Illustration (c)—A, the drawer of a bill of exchange, was a man of\nbusiness. B, the acceptor, was a young and ignorant person, completely under A's\ninfluence;\n(v) as to Illustration (d)—it is proved that a river ran in a certain course five\nyears ago, but it is known that there have been floods since that time which might\nchange its course;\n(vi) as to Illustration (e)—a judicial act, the regularity of which is in question,\nwas performed under exceptional circumstances;\n(vii) as to Illustration (f)—the question is, whether a letter was received. It is\nshown to have been posted, but the usual course of the post was interrupted by\ndisturbances;\n(viii) as to Illustration (g)—a man refuses to produce a document which would\nbear on a contract of small importance on which he is sued, but which might also\ninjure the feelings and reputation of his family;\n(ix) as to Illustration (h)—a man refuses to answer a question which he is not\ncompelled by law to answer, but the answer to it might cause loss to him in matters\nunconnected with the matter in relation to which it is asked;\n(x) as to Illustration (i)—a bond is in possession of the obligor, but the\ncircumstances of the case are such that he may have stolen it.\n120. In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya\nNyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question\nis whether it was without the consent of the woman alleged to have been raped and such\nwoman states in her evidence before the Court that she did not consent, the Court shall\npresume that she did not consent.\n\nPresumption\nas to absence\nof consent in\ncertain\nprosecution\nfor rape.\n\n\fExplanation.—In this section, \"sexual intercourse\" shall mean any of the acts\nmentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.\nCHAPTER VIII\nESTOPPEL\nEstoppel.\n\n121. When one person has, by his declaration, act or omission, intentionally caused\nor permitted another person to believe a thing to be true and to act upon such belief, neither\nhe nor his representative shall be allowed, in any suit or proceeding between himself and\nsuch person or his representative, to deny the truth of that thing.\nIllustration.\nA intentionally and falsely leads B to believe that certain land belongs to A, and\nthereby induces B to buy and pay for it. The land afterwards becomes the property of A,\nand A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.\nHe must not be allowed to prove his want of title.\n\nEstoppel of\ntenant and of\nlicensee of\nperson in\npossession.\n\n122. No tenant of immovable property, or person claiming through such tenant, shall,\nduring the continuance of the tenancy or any time thereafter, be permitted to deny that the\nlandlord of such tenant had, at the beginning of the tenancy, a title to such immovable\nproperty; and no person who came upon any immovable property by the licence of the\nperson in possession thereof shall be permitted to deny that such person had a title to such\npossession at the time when such licence was given.\n\nEstoppel of\nacceptor of\nbill of\nexchange,\nbailee or\nlicensee.\n\n123. No acceptor of a bill of exchange shall be permitted to deny that the drawer had\nauthority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to\ndeny that his bailor or licensor had, at the time when the bailment or licence commenced,\nauthority to make such bailment or grant such licence.\nExplanation 1.—The acceptor of a bill of exchange may deny that the bill was really\ndrawn by the person by whom it purports to have been drawn.\nExplanation 2.—If a bailee delivers the goods bailed to a person other than the\nbailor, he may prove that such person had a right to them as against the bailor.\nCHAPTER IX\nOF WITNESSES\n\nWho may\ntestify.\n\n124. All persons shall be competent to testify unless the Court considers that they\nare prevented from understanding the questions put to them, or from giving rational answers\nto those questions, by tender years, extreme old age, disease, whether of body or mind, or\nany other cause of the same kind.\nExplanation.—A person of unsound mind is not incompetent to testify, unless he is\nprevented by his unsoundness of mind from understanding the questions put to him and\ngiving rational answers to them.\n\nWitness\nunable to\ncommunicate\nverbally.\n\n125. A witness who is unable to speak may give his evidence in any other manner in\nwhich he can make it intelligible, as by writing or by signs; but such writing must be written\nand the signs made in open Court and evidence so given shall be deemed to be oral\nevidence:\nProvided that if the witness is unable to communicate verbally, the Court shall take\nthe assistance of an interpreter or a special educator in recording the statement, and such\nstatement shall be videographed.\n\n\f126. (1) In all civil proceedings the parties to the suit, and the husband or wife of any Competency\nof husband and\nparty to the suit, shall be competent witnesses.\nwife as\n\n(2) In criminal proceedings against any person, the husband or wife of such person, witnesses in\ncertain cases.\nrespectively, shall be a competent witness.\n127. No Judge or Magistrate shall, except upon the special order of some Court to Judges and\nwhich he is subordinate, be compelled to answer any question as to his own conduct in Magistrates.\nCourt as such Judge or Magistrate, or as to anything which came to his knowledge in Court\nas such Judge or Magistrate; but he may be examined as to other matters which occurred in\nhis presence whilst he was so acting.\nIllustrations.\n(a) A, on his trial before the Court of Session, says that a deposition was improperly\ntaken by B, the Magistrate. B cannot be compelled to answer questions as to this, except\nupon the special order of a superior Court.\n(b) A is accused before the Court of Session of having given false evidence before B,\na Magistrate. B cannot be asked what A said, except upon the special order of the superior\nCourt.\n(c) A is accused before the Court of Session of attempting to murder a police officer\nwhilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.\n128. No person who is or has been married, shall be compelled to disclose any Communications\ncommunication made to him during marriage by any person to whom he is or has been during\nmarried; nor shall he be permitted to disclose any such communication, unless the person marriage.\nwho made it, or his representative in interest, consents, except in suits between married\npersons, or proceedings in which one married person is prosecuted for any crime committed\nagainst the other.\n129. No one shall be permitted to give any evidence derived from unpublished official Evidence as to\nrecords relating to any affairs of State, except with the permission of the officer at the head affairs of\nof the department concerned, who shall give or withhold such permission as he thinks fit. State.\n130. No public officer shall be compelled to disclose communications made to him in Official\nofficial confidence, when he considers that the public interests would suffer by the disclosure. communications.\n131. No Magistrate or police officer shall be compelled to say when he got any\ninformation as to the commission of any offence, and no revenue officer shall be compelled\nto say when he got any information as to the commission of any offence against the public\nrevenue.\n\nInformation\nas to\ncommission of\noffences.\n\nExplanation.—\"revenue officer\" means any officer employed in or about the business\nof any branch of the public revenue.\n132. (1) No advocate, shall at any time be permitted, unless with his client's express Professional\nconsent, to disclose any communication made to him in the course and for the purpose of communications.\nhis service as such advocate, by or on behalf of his client, or to state the contents or\ncondition of any document with which he has become acquainted in the course and for the\npurpose of his professional service, or to disclose any advice given by him to his client in\nthe course and for the purpose of such service:\nProvided that nothing in this section shall protect from disclosure of—\n(a) any such communication made in furtherance of any illegal purpose;\n(b) any fact observed by any advocate, in the course of his service as such,\nshowing that any crime or fraud has been committed since the commencement of his\nservice.\n\n\f(2) It is immaterial whether the attention of such advocate referred to in the proviso to\nsub-section (1), was or was not directed to such fact by or on behalf of his client.\nExplanation.—The obligation stated in this section continues after the professional\nservice has ceased.\nIllustrations.\n(a) A, a client, says to B, an advocate—\"I have committed forgery, and I wish you to\ndefend me\". As the defence of a man known to be guilty is not a criminal purpose, this\ncommunication is protected from disclosure.\n(b) A, a client, says to B, an advocate—\"I wish to obtain possession of property by\nthe use of a forged deed on which I request you to sue\". This communication, being made\nin furtherance of a criminal purpose, is not protected from disclosure.\n(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the\ncourse of the proceedings, B observes that an entry has been made in A's account book,\ncharging A with the sum said to have been embezzled, which entry was not in the book at\nthe commencement of his professional service. This being a fact observed by B in the\ncourse of his service, showing that a fraud has been committed since the commencement of\nthe proceedings, it is not protected from disclosure.\n(3) The provisions of this section shall apply to interpreters, and the clerks or\nemployees of advocates.\nPrivilege not\nwaived by\nvolunteering\nevidence.\n\n133. If any party to a suit gives evidence therein at his own instance or otherwise, he\nshall not be deemed to have consented thereby to such disclosure as is mentioned in\nsection 132; and, if any party to a suit or proceeding calls any such advocate, as a witness,\nhe shall be deemed to have consented to such disclosure only if he questions such advocate,\non matters which, but for such question, he would not be at liberty to disclose.\n\nConfidential\ncommunication\nwith legal\nadvisers.\n\n134. No one shall be compelled to disclose to the Court any confidential communication\nwhich has taken place between him and his legal adviser, unless he offers himself as a\nwitness, in which case he may be compelled to disclose any such communications as may\nappear to the Court necessary to be known in order to explain any evidence which he has\ngiven, but no others.\n\nProduction of\ntitle-deeds of\nwitness not a\nparty.\n\n135. No witness who is not a party to a suit shall be compelled to produce his\ntitle-deeds to any property, or any document in virtue of which he holds any property as\npledgee or mortgagee or any document the production of which might tend to criminate\nhim, unless he has agreed in writing to produce them with the person seeking the production\nof such deeds or some person through whom he claims.\n\nProduction of\ndocuments or\nelectronic\nrecords which\nanother\nperson, having\npossession,\ncould refuse to\nproduce.\n\n136. No one shall be compelled to produce documents in his possession or electronic\nrecords under his control, which any other person would be entitled to refuse to produce if\nthey were in his possession or control, unless such last-mentioned person consents to\ntheir production.\n\nWitness not\nexcused from\nanswering on\nground that\nanswer will\ncriminate.\n\n137. A witness shall not be excused from answering any question as to any matter\nrelevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the\nground that the answer to such question will criminate, or may tend directly or indirectly to\ncriminate, such witness, or that it will expose, or tend directly or indirectly to expose, such\nwitness to a penalty or forfeiture of any kind:\nProvided that no such answer, which a witness shall be compelled to give, shall\nsubject him to any arrest or prosecution, or be proved against him in any criminal proceeding,\nexcept a prosecution forgiving false evidence by such answer.\n\n\f138. An accomplice shall be a competent witness against an accused person; Accomplice.\nand a conviction is not illegal if it proceeds upon the corroborated testimony of an\naccomplice.\n139. No particular number of witnesses shall in any case be required for the proof of Number of\nwitnesses.\nany fact.\nCHAPTER X\nOF EXAMINATION OF WITNESSES\n140. The order in which witnesses are produced and examined shall be regulated by\nthe law and practice for the time being relating to civil and criminal procedure respectively,\nand, in the absence of any such law, by the discretion of the Court.\n\nOrder of\nproduction\nand\nexamination\nof witnesses.\n\n141. (1) When either party proposes to give evidence of any fact, the Judge may ask\nthe party proposing to give the evidence in what manner the alleged fact, if proved, would\nbe relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved,\nwould be relevant, and not otherwise.\n\nJudge to decide\nas to\nadmissibility\nof evidence.\n\n(2) If the fact proposed to be proved is one of which evidence is admissible only upon\nproof of some other fact, such last mentioned fact must be proved before evidence is given\nof the fact first mentioned, unless the party undertakes to give proof of such fact, and the\nCourt is satisfied with such undertaking.\n(3) If the relevancy of one alleged fact depends upon another alleged fact being first\nproved, the Judge may, in his discretion, either permit evidence of the first fact to be given\nbefore the second fact is proved, or require evidence to be given of the second fact before\nevidence is given of the first fact.\nIllustrations.\n(a) It is proposed to prove a statement about a relevant fact by a person alleged to be\ndead, which statement is relevant under section 26. The fact that the person is dead must be\nproved by the person proposing to prove the statement, before evidence is given of the\nstatement.\n(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The\nfact that the original is lost must be proved by the person proposing to produce the copy,\nbefore the copy is produced.\n(c) A is accused of receiving stolen property knowing it to have been stolen. It is\nproposed to prove that he denied the possession of the property. The relevancy of the\ndenial depends on the identity of the property. The Court may, in its discretion, either\nrequire the property to be identified before the denial of the possession is proved, or permit\nthe denial of the possession to be proved before the property is identified.\n(d) It is proposed to prove a fact A which is said to have been the cause or effect of a\nfact in issue. There are several intermediate facts B, C and D which must be shown to exist\nbefore the fact A can be regarded as the cause or effect of the fact in issue. The Court may\neither permit A to be proved before B, C or D is proved, or may require proof of B, C and D\nbefore permitting proof of A.\n142. (1) The examination of a witness by the party who calls him shall be called his Examination\nof witnesses.\nexamination-in-chief.\n(2) The examination of a witness by the adverse party shall be called his\ncross-examination.\n(3) The examination of a witness, subsequent to the cross-examination, by the party\nwho called him, shall be called his re-examination.\n\n\fOrder of\nexaminations.\n\n143. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so\ndesires) cross-examined, then (if the party calling him so desires) re-examined.\n(2) The examination-in-chief and cross-examination must relate to relevant facts, but\nthe cross-examination need not be confined to the facts to which the witness testified on\nhis examination-in-chief.\n(3) The re-examination shall be directed to the explanation of matters referred to in\ncross-examination; and, if new matter is, by permission of the Court, introduced in\nre-examination, the adverse party may further cross-examine upon that matter.\n\nCrossexamination\nof person\ncalled to\nproduce a\ndocument.\nWitnesses to\ncharacter.\nLeading\nquestions.\n\n144. A person summoned to produce a document does not become a witness by the\nmere fact that he produces it, and cannot be cross-examined unless and until he is called as\na witness.\n\n145. Witnesses to character may be cross-examined and re-examined.\n146. (1) Any question suggesting the answer which the person putting it wishes or\nexpects to receive, is called a leading question.\n(2) Leading questions must not, if objected to by the adverse party, be asked in an\nexamination-in-chief, or in a re-examination, except with the permission of the Court.\n(3) The Court shall permit leading questions as to matters which are introductory or\nundisputed, or which have, in its opinion, been already sufficiently proved.\n(4) Leading questions may be asked in cross-examination.\n\nEvidence as to\nmatters in\nwriting.\n\n147. Any witness may be asked, while under examination, whether any contract,\ngrant or other disposition of property, as to which he is giving evidence, was not contained\nin a document, and if he says that it was, or if he is about to make any statement as to the\ncontents of any document, which, in the opinion of the Court, ought to be produced, the\nadverse party may object to such evidence being given until such document is produced,\nor until facts have been proved which entitle the party who called the witness to give\nsecondary evidence of it.\nExplanation.—A witness may give oral evidence of statements made by other persons\nabout the contents of documents if such statements are in themselves relevant facts.\nIllustration.\nThe question is, whether A assaulted B. C deposes that he heard A say to D—\"B\nwrote a letter accusing me of theft, and I will be revenged on him\". This statement is\nrelevant, as showing A's motive for the assault, and evidence may be given of it, though no\nother evidence is given about the letter.\n\nCrossexamination\nas to previous\nstatements in\nwriting.\n\n148. A witness may be cross-examined as to previous statements made by him in\nwriting or reduced into writing, and relevant to matters in question, without such writing\nbeing shown to him, or being proved; but, if it is intended to contradict him by the writing,\nhis attention must, before the writing can be proved, be called to those parts of it which are\nto be used for the purpose of contradicting him.\n\nQuestions\nlawful in\ncrossexamination.\n\n149. When a witness is cross-examined, he may, in addition to the questions\nhereinbefore referred to, be asked any questions which tend—\n(a) to test his veracity; or\n(b) to discover who he is and what is his position in life; or\n(c) to shake his credit, by injuring his character, although the answer to such\nquestions might tend directly or indirectly to criminate him, or might expose or tend\ndirectly or indirectly to expose him to a penalty or forfeiture:\n\n\fProvided that in a prosecution for an offence under section 64, section 65, section 66,\nsection 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita,\n2023 or for attempt to commit any such offence, where the question of consent is an issue,\nit shall not be permissible to adduce evidence or to put questions in the cross-examination\nof the victim as to the general immoral character, or previous sexual experience, of such\nvictim with any person for proving such consent or the quality of consent.\n150. If any such question relates to a matter relevant to the suit or proceeding, the When witness\nto be\nprovisions of section 137 shall apply thereto.\ncompelled to\nanswer.\n\n151. (1) If any such question relates to a matter not relevant to the suit or proceeding,\nexcept in so far as it affects the credit of the witness by injuring his character, the Court shall\ndecide whether or not the witness shall be compelled to answer it, and may, if it thinks fit,\nwarn the witness that he is not obliged to answer it.\n(2) In exercising its discretion, the Court shall have regard to the following\nconsiderations, namely:—\n\nCourt to\ndecide when\nquestion shall\nbe asked and\nwhen witness\ncompelled to\nanswer.\n\n(a) such questions are proper if they are of such a nature that the truth of the\nimputation conveyed by them would seriously affect the opinion of the Court as to\nthe credibility of the witness on the matter to which he testifies;\n(b) such questions are improper if the imputation which they convey relates to\nmatters so remote in time, or of such a character, that the truth of the imputation would\nnot affect, or would affect in a slight degree, the opinion of the Court as to the\ncredibility of the witness on the matter to which he testifies;\n(c) such questions are improper if there is a great disproportion between the\nimportance of the imputation made against the witness's character and the importance\nof his evidence;\n(d) the Court may, if it sees fit, draw, from the witness's refusal to answer, the\ninference that the answer if given would be unfavourable.\n152. No such question as is referred to in section 151 ought to be asked, unless the\nperson asking it has reasonable grounds for thinking that the imputation which it conveys\nis well-founded.\nIllustrations.\n\nQuestion not\nto be asked\nwithout\nreasonable\ngrounds.\n\n(a) An advocate is instructed by another advocate that an important witness is a\ndacoit. This is a reasonable ground for asking the witness whether he is a dacoit.\n(b) An advocate is informed by a person in Court that an important witness is a dacoit.\nThe informant, on being questioned by the advocate, gives satisfactory reasons for his\nstatement. This is a reasonable ground for asking the witness whether he is a dacoit.\n(c) A witness, of whom nothing whatever is known, is asked at random whether he is\na dacoit. There are here no reasonable grounds for the question.\n(d) A witness, of whom nothing whatever is known, being questioned as to his mode\nof life and means of living, gives unsatisfactory answers. This may be a reasonable ground\nfor asking him if he is a dacoit.\n153. If the Court is of opinion that any such question was asked without reasonable\ngrounds, it may, if it was asked by any advocate, report the circumstances of the case to the\nHigh Court or other authority to which such advocate is subject in the exercise of his\nprofession.\n\nProcedure of\nCourt in case\nof question\nbeing asked\nwithout\nreasonable\ngrounds.\n\n\fIndecent and\nscandalous\nquestions.\n\n154. The Court may forbid any questions or inquiries which it regards as indecent or\nscandalous, although such questions or inquiries may have some bearing on the questions\nbefore the Court, unless they relate to facts in issue, or to matters necessary to be known in\norder to determine whether or not the facts in issue existed.\n\nQuestions\nintended to\ninsult or\nannoy.\n\n155. The Court shall forbid any question which appears to it to be intended to insult\nor annoy, or which, though proper in itself, appears to the Court needlessly offensive in\nform.\n\nExclusion of\nevidence to\ncontradict\nanswers to\nquestions\ntesting\nveracity.\n\n156. When a witness has been asked and has answered any question which is relevant\nto the inquiry only in so far as it tends to shake his credit by injuring his character, no\nevidence shall be given to contradict him; but, if he answers falsely, he may afterwards be\ncharged with giving false evidence.\nException 1.—If a witness is asked whether he has been previously convicted of any\ncrime and denies it, evidence may be given of his previous conviction.\nException 2.—If a witness is asked any question tending to impeach his impartiality,\nand answers it by denying the facts suggested, he may be contradicted.\nIllustrations.\n(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is\nasked whether, in a former transaction, he had not made a fraudulent claim. He denies it.\nEvidence is offered to show that he did make such a claim. The evidence is inadmissible.\n(b) A witness is asked whether he was not dismissed from a situation for dishonesty.\nHe denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence\nis not admissible.\n(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was\nnot on that day at Varanasi. He denies it. Evidence is offered to show that A was on that day\nat Varanasi. The evidence is admissible, not as contradicting A on a fact which affects his\ncredit, but as contradicting the alleged fact that B was seen on the day in question in Goa.\nIn each of these cases, the witness might, if his denial was false, be charged with giving\nfalse evidence.\n(d) A is asked whether his family has not had a blood feud with the family of B against\nwhom he gives evidence. He denies it. He may be contradicted on the ground that the\nquestion tends to impeach his impartiality.\n\nQuestion by\nparty to his\nown witness.\n\n157. (1) The Court may, in its discretion, permit the person who calls a witness to put\nany question to him which might be put in cross-examination by the adverse party.\n(2) Nothing in this section shall disentitle the person so permitted under\nsub-section (1), to rely on any part of the evidence of such witness.\n\nImpeaching\ncredit of\nwitness.\n\n158. The credit of a witness may be impeached in the following ways by the adverse\nparty, or, with the consent of the Court, by the party who calls him—\n(a) by the evidence of persons who testify that they, from their knowledge of\nthe witness, believe him to be unworthy of credit;\n(b) by proof that the witness has been bribed, or has accepted the offer of a\nbribe, or has received any other corrupt inducement to give his evidence;\n(c) by proof of former statements inconsistent with any part of his evidence\nwhich is liable to be contradicted.\nExplanation.—A witness declaring another witness to be unworthy of credit may\nnot, upon his examination-in-chief, give reasons for his belief, but he may be asked his\nreasons in cross-examination, and the answers which he gives cannot be contradicted,\nthough, if they are false, he may afterwards be charged with giving false evidence.\n\n\fIllustrations.\n(a) A sues B for the price of goods sold and delivered to B. C says that he delivered\nthe goods to B. Evidence is offered to show that, on a previous occasion, he said that he\nhad not delivered goods to B. The evidence is admissible.\n(b) A is accused of the murder of B. C says that B, when dying, declared that A had\ngiven B the wound of which he died. Evidence is offered to show that, on a previous\noccasion, C said that B, when dying, did not declare that A had given B the wound of which\nhe died. The evidence is admissible.\n159. When a witness whom it is intended to corroborate gives evidence of any\nrelevant fact, he may be questioned as to any other circumstances which he observed at or\nnear to the time or place at which such relevant fact occurred, if the Court is of opinion that\nsuch circumstances, if proved, would corroborate the testimony of the witness as to the\nrelevant fact which he testifies.\n\nQuestions\ntending to\ncorroborate\nevidence of\nrelevant fact,\nadmissible.\n\nIllustration.\nA, an accomplice, gives an account of a robbery in which he took part. He describes\nvarious incidents unconnected with the robbery which occurred on his way to and from the\nplace where it was committed. Independent evidence of these facts may be given in order to\ncorroborate his evidence as to the robbery itself.\n160. In order to corroborate the testimony of a witness, any former statement made by\nsuch witness relating to the same fact, at or about the time when the fact took place, or\nbefore any authority legally competent to investigate the fact, may be proved.\n\nFormer\nstatements of\nwitness may\nbe proved to\ncorroborate\nlater\ntestimony as\nto same fact.\n\n161. Whenever any statement, relevant under section 26 or 27, is proved, all matters\nmay be proved either in order to contradict or to corroborate it, or in order to impeach or\nconfirm the credit of the person by whom it was made, which might have been proved if that\nperson had been called as a witness and had denied upon cross-examination the truth of the\nmatter suggested.\n\nWhat matters\nmay be proved\nin connection\nwith proved\nstatement\nrelevant under\nsection 26 or\n27.\n\n162. (1) A witness may, while under examination, refresh his memory by referring to Refreshing\nany writing made by himself at the time of the transaction concerning which he is questioned, memory.\nor so soon afterwards that the Court considers it likely that the transaction was at that time\nfresh in his memory:\nProvided that the witness may also refer to any such writing made by any other\nperson, and read by the witness within the time aforesaid, if when he read it, he knew it to be\ncorrect.\n(2) Whenever a witness may refresh his memory by reference to any document, he\nmay, with the permission of the Court, refer to a copy of such document:\nProvided that the Court be satisfied that there is sufficient reason for the\nnon-production of the original:\nProvided further that an expert may refresh his memory by reference to professional\ntreatises.\n163. A witness may also testify to facts mentioned in any such document as is\nmentioned in section 162, although he has no specific recollection of the facts themselves,\nif he is sure that the facts were correctly recorded in the document.\n\nTestimony to\nfacts stated in\ndocument\nmentioned in\nsection 162.\n\n\fIllustration.\nA book-keeper may testify to facts recorded by him in books regularly kept in the\ncourse of business, if he knows that the books were correctly kept, although he has forgotten\nthe particular transactions entered.\nRight of\nadverse party\nas to writing\nused to refresh\nmemory.\n\n164. Any writing referred to under the provisions of the two last preceding sections\nshall be produced and shown to the adverse party if he requires it; such party may, if he\npleases, cross-examine the witness thereupon.\n\nProduction of\ndocuments.\n\n165. (1) A witness summoned to produce a document shall, if it is in his possession or\npower, bring it to Court, notwithstanding any objection which there may be to its production\nor to its admissibility:\nProvided that the validity of any such objection shall be decided on by the Court.\n(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of\nState, or take other evidence to enable it to determine on its admissibility.\n(3) If for such a purpose it is necessary to cause any document to be translated, the\nCourt may, if it thinks fit, direct the translator to keep the contents secret, unless the\ndocument is to be given in evidence and, if the interpreter disobeys such direction, he shall\nbe held to have committed an offence under section 198 of the Bharatiya Nyaya\nSanhita, 2023:\nProvided that no Court shall require any communication between the Ministers and\nthe President of India to be produced before it.\n\nGiving, as\nevidence, of\ndocument\ncalled for and\nproduced on\nnotice.\n\n166. When a party calls for a document which he has given the other party notice to\nproduce, and such document is produced and inspected by the party calling for its\nproduction, he is bound to give it as evidence if the party producing it requires him to do so.\n\nUsing, as\nevidence, of\ndocument\nproduction of\nwhich was\nrefused on\nnotice.\n\n167. When a party refuses to produce a document which he has had notice to produce,\nhe cannot afterwards use the document as evidence without the consent of the other party\nor the order of the Court.\n\nJudge's power\nto put\nquestions or\norder\nproduction.\n\n168. The Judge may, in order to discover or obtain proof of relevant facts, ask any\nquestion he considers necessary, in any form, at any time, of any witness, or of the parties\nabout any fact; and may order the production of any document or thing; and neither the\nparties nor their representatives shall be entitled to make any objection to any such question\nor order, nor, without the leave of the Court, to cross-examine any witness upon any answer\ngiven in reply to any such question:\n\nIllustration.\nA sues B on an agreement and gives B notice to produce it. At the trial, A calls for the\ndocument and B refuses to produce it. A gives secondary evidence of its contents. B seeks\nto produce the document itself to contradict the secondary evidence given by A, or in order\nto show that the agreement is not stamped. He cannot do so.\n\nProvided that the judgment must be based upon facts declared by this Adhiniyam to\nbe relevant, and duly proved:\nProvided further that this section shall not authorise any Judge to compel any witness\nto answer any question, or to produce any document which such witness would be entitled\nto refuse to answer or produce under sections 127 to 136, both inclusive, if the question\nwere asked or the document were called for by the adverse party; nor shall the Judge ask\nany question which it would be improper for any other person to ask under section 151 or\n152; nor shall he dispense with primary evidence of any document, except in the cases\nhereinbefore excepted.\n\n\fCHAPTER XI\nOF IMPROPER ADMISSION AND REJECTION OF EVIDENCE\n169. The improper admission or rejection of evidence shall not be ground of itself for\na new trial or reversal of any decision in any case, if it shall appear to the Court before which\nsuch objection is raised that, independently of the evidence objected to and admitted, there\nwas sufficient evidence to justify the decision, or that, if the rejected evidence had been\nreceived, it ought not to have varied the decision.\n\nNo new trial\nfor improper\nadmission or\nrejection of\nevidence.\n\nCHAPTER XII\nREPEAL AND SAVINGS\n1 of 1872.\n\n1 of 1872.\n\n170. (1) The Indian Evidence Act, 1872 is hereby repealed.\n(2) Notwithstanding such repeal, if, immediately before the date on which this\nAdhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding\nor appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal\nshall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force\nimmediately before such commencement, as if this Adhiniyam had not come into force.\n\nRepeal and\nsavings.\n\n\fTHE SCHEDULE\n[See section 63(4)(c)]\nCERTIFICATE\nPART A\n(To be filled by the Party)\nI, _____________________ (Name), Son/daughter/spouse of ___________________\nresiding/employed at __________________________ do hereby solemnly affirm and\nsincerely state and submit as follows:—\nI have produced electronic record/output of the digital record taken from the following\ndevice/digital record source (tick mark):—\nComputer / Storage Media\nCD/DVD\n\nServer\n\nDVR\n\nMobile\n\nCloud\n\nFlash Drive\n\nOther\n\nOther: ________________________________________\nMake & Model: _______________ Color: _______________\nSerial Number: _______________\nIMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable)\nand any other relevant information, if any, about the device/digital record____(specify).\nThe digital device or the digital record source was under the lawful control for regularly\ncreating, storing or processing information for the purposes of carrying out regular\nactivities and during this period, the computer or the communication device was working\nproperly and the relevant information was regularly fed into the computer during the\nordinary course of business. If the computer/digital device at any point of time was not\nworking properly or out of operation, then it has not affected the electronic/digital\nrecord or its accuracy. The digital device or the source of the digital record is:—\nOwned\n\nMaintained\n\nManaged\n\nOperated\n\nby me (select as applicable).\nI state that the HASH value/s of the electronic/digital record/s is _________________,\nobtained through the following algorithm:—\nSHA1:\nSHA256:\nMD5:\nOther__________________ (Legally acceptable standard)\n(Hash report to be enclosed with the certificate)\n\n(Name and signature)\nDate (DD/MM/YYYY): _____\nTime (IST): ________hours (In 24 hours format)\nPlace: ____________\n\n\fPART B\n(To be filled by the Expert)\nI, ____________________ (Name), Son/daughter/spouse of _____________________\nresiding/employed at _________________________ do hereby solemnly affirm and\nsincerely state and submit as follows:—\nThe produced electronic record/output of the digital record are obtained from the following\ndevice/digital record source (tick mark):—\nComputer / Storage Media\n\nDVR\n\nCD/DVD\n\nCloud\n\nServer\n\nMobile\n\nFlash Drive\n\nOther\n\nOther: ________________________________________\nMake & Model: _______________ Color: _______________\nSerial Number: _______________\nIMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable)\nand any other relevant information, if any, about the device/digital record_______(specify).\nI state that the HASH value/s of the electronic/digital record/s is _____________________,\nobtained through the following algorithm:—\nSHA1:\nSHA256:\nMD5:\nOther__________________ (Legally acceptable standard)\n(Hash report to be enclosed with the certificate)\n(Name, designation and signature)\nDate (DD/MM/YYYY): _____\nTime (IST): ________hours (In 24 hours format)\nPlace: ____________\n\n—————\n\nDIWAKAR SINGH,\nJoint Secretary & Legislative Counsel to the Govt. of India.\n\nUPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002\nAND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.\nMGIPMRND—533GI(S3)—25-12-2023.\n\nKshitiz\nMohan\n\nDigitally signed by Kshitiz Mohan\n\n\n\n\nNEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA)\n\n\nSeparate paging is given to this Part in order that it may be filed as a separate compilation.\n\nMINISTRY OF LAW AND JUSTICE\n(Legislative Department)\nNew Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)\nThe following Act of Parliament received the assent of the President on the\n25th December, 2023 and is hereby published for general information:—\n\nTHE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023\nNO. 46 OF 2023\n[25th December, 2023.]\n\nAn Act to consolidate and amend the law relating to Criminal Procedure.\nBE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as\nfollows:—\nCHAPTER I\nPRELIMINARY\n1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.\n(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and\nXII thereof, shall not apply—\n(a) to the State of Nagaland;\n(b) to the tribal areas,\nbut the concerned State Government may, by notification, apply such provisions or any of\nthem to the whole or part of the State of Nagaland or such tribal areas, as the case may be,\nwith such supplemental, incidental or consequential modifications, as may be specified in\nthe notification.\n\nShort title,\nextent and\ncommencement.\n\n\f2\n\nDefinitions.\n\nExplanation.—In this section, \"tribal areas\" means the territories which immediately\nbefore the 21st day of January, 1972, were included in the tribal areas of Assam, as referred\nto in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the\nlocal limits of the municipality of Shillong.\n(3) It shall come into force on such date as the Central Government may, by notification\nin the Official Gazette, appoint.\n2. (1) In this Sanhita, unless the context otherwise requires,—\n(a) \"audio-video electronic means\" shall include use of any communication device\nfor the purposes of video conferencing, recording of processes of identification, search\nand seizure or evidence, transmission of electronic communication and for such other\npurposes and by such other means as the State Government may, by rules provide;\n(b) \"bail\" means release of a person accused of or suspected of commission of\nan offence from the custody of law upon certain conditions imposed by an officer or\nCourt on execution by such person of a bond or a bail bond;\n(c) \"bailable offence\" means an offence which is shown as bailable in the First\nSchedule, or which is made bailable by any other law for the time being in force; and\n\"non-bailable offence\" means any other offence;\n(d) \"bail bond\" means an undertaking for release with surety;\n(e) \"bond\" means a personal bond or an undertaking for release without surety;\n(f) \"charge\" includes any head of charge when the charge contains more heads\nthan one;\n(g) \"cognizable offence\" means an offence for which, and \"cognizable case\"\nmeans a case in which, a police officer may, in accordance with the First Schedule or\nunder any other law for the time being in force, arrest without warrant;\n(h) \"complaint\" means any allegation made orally or in writing to a Magistrate,\nwith a view to his taking action under this Sanhita, that some person, whether known\nor unknown, has committed an offence, but does not include a police report.\nExplanation.—A report made by a police officer in a case which discloses,\nafter investigation, the commission of a non-cognizable offence shall be deemed to be\na complaint; and the police officer by whom such report is made shall be deemed to be\nthe complainant;\n(i) \"electronic communication\" means the communication of any written, verbal,\npictorial information or video content transmitted or transferred (whether from one\nperson to another or from one device to another or from a person to a device or from\na device to a person) by means of an electronic device including a telephone, mobile\nphone, or other wireless telecommunication device, or a computer, or audio-video\nplayer or camera or any other electronic device or electronic form as may be specified\nby notification, by the Central Government;\n(j) \"High Court\" means,—\n(i) in relation to any State, the High Court for that State;\n(ii) in relation to a Union territory to which the jurisdiction of the High\nCourt for a State has been extended by law, that High Court;\n(iii) in relation to any other Union territory, the highest Court of criminal\nappeal for that territory other than the Supreme Court of India;\n(k) \"inquiry\" means every inquiry, other than a trial, conducted under this\nSanhita by a Magistrate or Court;\n(l) \"investigation\" includes all the proceedings under this Sanhita for the\ncollection of evidence conducted by a police officer or by any person (other than a\nMagistrate) who is authorised by a Magistrate in this behalf.\nExplanation.—Where any of the provisions of a special Act are inconsistent\nwith the provisions of this Sanhita, the provisions of the special Act shall prevail;\n\n\f3\n(m) \"judicial proceeding\" includes any proceeding in the course of which\nevidence is or may be legally taken on oath;\n(n) \"local jurisdiction\", in relation to a Court or Magistrate, means the local area\nwithin which the Court or Magistrate may exercise all or any of its or his powers under\nthis Sanhita and such local area may comprise the whole of the State, or any part of\nthe State, as the State Government may, by notification, specify;\n(o) \"non-cognizable offence\" means an offence for which, and \"non-cognizable\ncase\" means a case in which, a police officer has no authority to arrest without\nwarrant;\n(p) \"notification\" means a notification published in the Official Gazette;\n\n1 of 1871.\n\n(q) \"offence\" means any act or omission made punishable by any law for the\ntime being in force and includes any act in respect of which a complaint may be made\nunder section 20 of the Cattle Trespass Act, 1871;\n(r) \"officer in charge of a police station\" includes, when the officer in charge of\nthe police station is absent from the station-house or unable from illness or other\ncause to perform his duties, the police officer present at the station-house who is next\nin rank to such officer and is above the rank of constable or, when the State Government\nso directs, any other police officer so present;\n(s) \"place\" includes a house, building, tent, vehicle and vessel;\n(t) \"police report\" means a report forwarded by a police officer to a Magistrate\nunder sub-section (3) of section 193;\n(u) \"police station\" means any post or place declared generally or specially by\nthe State Government, to be a police station, and includes any local area specified by\nthe State Government in this behalf;\n(v) \"Public Prosecutor\" means any person appointed under section 18, and\nincludes any person acting under the directions of a Public Prosecutor;\n(w) \"sub-division\" means a sub-division of a district;\n(x) \"summons-case\" means a case relating to an offence, and not being a\nwarrant-case;\n(y) \"victim\" means a person who has suffered any loss or injury caused by\nreason of the act or omission of the accused person and includes the guardian or\nlegal heir of such victim;\n(z) \"warrant-case\" means a case relating to an offence punishable with death,\nimprisonment for life or imprisonment for a term exceeding two years.\n\n2 of 2000.\n\n(2) Words and expressions used herein and not defined but defined in the Information\nTechnology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings\nrespectively assigned to them in that Act and Sanhita.\n3. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate Construction\nwithout any qualifying words, Magistrate of the first class or a Magistrate of the second of references.\nclass shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the\nfirst class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction\nin such area.\n\n\f4\n(2) Where, under any law, other than this Sanhita, the functions exercisable by a\nMagistrate relate to matters,—\n(a) which involve the appreciation or shifting of evidence or the formulation of\nany decision which exposes any person to any punishment or penalty or detention in\ncustody pending investigation, inquiry or trial or would have the effect of sending\nhim for trial before any Court, they shall, subject to the provisions of this Sanhita, be\nexercisable by a Judicial Magistrate; or\n(b) which are administrative or executive in nature, such as, the granting of a\nlicence, the suspension or cancellation of a licence, sanctioning a prosecution or\nwithdrawing from a prosecution, they shall, subject to the provisions of clause (a) be\nexercisable by an Executive Magistrate.\nTrial of\noffences under\nBharatiya\nNyaya Sanhita,\n2023 and other\nlaws.\n\n4. (1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated,\ninquired into, tried, and otherwise dealt with according to the provisions hereinafter\ncontained.\n\nSaving.\n\n5. Nothing contained in this Sanhita shall, in the absence of a specific provision to\nthe contrary, affect any special or local law for the time being in force, or any special\njurisdiction or power conferred, or any special form of procedure prescribed, by any other\nlaw for the time being in force.\n\n(2) All offences under any other law shall be investigated, inquired into, tried, and\notherwise dealt with according to the same provisions, but subject to any enactment for the\ntime being in force regulating the manner or place of investigating, inquiring into, trying or\notherwise dealing with such offences.\n\nCHAPTER II\nCONSTITUTION OF CRIMINAL COURTS AND OFFICES\nClasses of\nCriminal\nCourts.\n\n6. Besides the High Courts and the Courts constituted under any law, other than this\nSanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—\n(i) Courts of Session;\n(ii) Judicial Magistrates of the first class;\n(iii) Judicial Magistrates of the second class; and\n(iv) Executive Magistrates.\n\nTerritorial\ndivisions.\n\n7. (1) Every State shall be a sessions division or shall consist of sessions divisions;\nand every sessions divisions shall, for the purposes of this Sanhita, be a district or consist\nof districts.\n(2) The State Government may, after consultation with the High Court, alter the limits\nor the number of such divisions and districts.\n(3) The State Government may, after consultation with the High Court, divide any\ndistrict into sub-divisions and may alter the limits or the number of such sub-divisions.\n(4) The sessions divisions, districts and sub-divisions existing in a State at the\ncommencement of this Sanhita, shall be deemed to have been formed under this section.\n\nCourt of\nSession.\n\n8. (1) The State Government shall establish a Court of Session for every sessions\ndivision.\n(2) Every Court of Session shall be presided over by a Judge, to be appointed by the\nHigh Court.\n(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction\nin a Court of Session.\n\n\f5\n(4) The Sessions Judge of one sessions division may be appointed by the High Court\nto be also an Additional Sessions Judge of another division, and in such case, he may sit for\nthe disposal of cases at such place or places in the other division as the High Court may\ndirect.\n(5) Where the office of the Sessions Judge is vacant, the High Court may make\narrangements for the disposal of any urgent application which is, or may be, made or\npending before such Court of Session by an Additional Sessions Judge or if there be no\nAdditional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and\nevery such Judge or Magistrate shall have jurisdiction to deal with any such application.\n(6) The Court of Session shall ordinarily hold its sitting at such place or places as the\nHigh Court may, by notification, specify; but, if, in any particular case, the Court of Session\nis of opinion that it will tend to the general convenience of the parties and witnesses to hold\nits sittings at any other place in the sessions division, it may, with the consent of the\nprosecution and the accused, sit at that place for the disposal of the case or the examination\nof any witness or witnesses therein.\n(7) The Sessions Judge may, from time to time, make orders consistent with this\nSanhita, as to the distribution of business among such Additional Sessions Judges.\n(8) The Sessions Judge may also make provision for the disposal of any urgent\napplication, in the event of his absence or inability to act, by an Additional Sessions Judge\nor if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such\nJudge or Magistrate shall be deemed to have jurisdiction to deal with any such application.\nExplanation.—For the purposes of this Sanhita, \"appointment\" does not include the\nfirst appointment, posting or promotion of a person by the Government to any Service, or\npost in connection with the affairs of the Union or of a State, where under any law, such\nappointment, posting or promotion is required to be made by the Government.\n9. (1) In every district there shall be established as many Courts of Judicial Magistrates Courts of\nof the first class and of the second class, and at such places, as the State Government may, Judicial\nMagistrates.\nafter consultation with the High Court, by notification, specify:\nProvided that the State Government may, after consultation with the High Court,\nestablish, for any local area, one or more Special Courts of Judicial Magistrates of the first\nclass or of the second class to try any particular case or particular class of cases, and where\nany such Special Court is established, no other Court of Magistrate in the local area shall\nhave jurisdiction to try any case or class of cases for the trial of which such Special Court\nof Judicial Magistrate has been established.\n(2) The presiding officers of such Courts shall be appointed by the High Court.\n(3) The High Court may, whenever it appears to it to be expedient or necessary, confer\nthe powers of a Judicial Magistrate of the first class or of the second class on any member\nof the Judicial Service of the State, functioning as a Judge in a Civil Court.\n10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first Chief Judicial\nMagistrate and\nclass to be the Chief Judicial Magistrate.\nAdditional\n\n(2) The High Court may appoint any Judicial Magistrate of the first class to be an Chief Judicial\nAdditional Chief Judicial Magistrate, and such Magistrate shall have all or any of the Magistrate,\npowers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time etc.\nbeing in force as the High Court may direct.\n(3) The High Court may designate any Judicial Magistrate of the first class in any\nsub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities\nspecified in this section as occasion requires.\n(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional\nJudicial Magistrate shall also have and exercise, such powers of supervision and control\nover the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates)\nin the sub-division as the High Court may, by general or special order, specify in this behalf.\n\n\f6\nSpecial Judicial\nMagistrates.\n\n11. (1) The High Court may, if requested by the Central or State Government so to do,\nconfer upon any person who holds or has held any post under the Government, all or any\nof the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of\nthe first class or of the second class, in respect to particular cases or to particular classes of\ncases, in any local area:\nProvided that no such power shall be conferred on a person unless he possesses\nsuch qualification or experience in relation to legal affairs as the High Court may, by rules,\nspecify.\n(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed\nfor such term, not exceeding one year at a time, as the High Court may, by general or special\norder, direct.\n\nLocal\nJurisdiction of\nJudicial\nMagistrates.\n\n12. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may,\nfrom time to time, define the local limits of the areas within which the Magistrates appointed\nunder section 9 or under section 11 may exercise all or any of the powers with which they\nmay respectively be invested under this Sanhita:\nProvided that the Court of Special Judicial Magistrate may hold its sitting at any place\nwithin the local area for which it is established.\n(2) Except as otherwise provided by such definition, the jurisdiction and powers of\nevery such Magistrate shall extend throughout the district.\n(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11\nextends to an area beyond the district in which he ordinarily holds Court, any reference in\nthis Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such\nMagistrate, throughout the area within his local jurisdiction, be construed, unless the\ncontext otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate,\nas the case may be, exercising jurisdiction in relation to the said district.\n\nSubordination\nof Judicial\nMagistrates.\n\n13. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;\nand every other Judicial Magistrate shall, subject to the general control of the Sessions\nJudge, be subordinate to the Chief Judicial Magistrate.\n(2) The Chief Judicial Magistrate may, from time to time, make rules or give special\norders, consistent with this Sanhita, as to the distribution of business among the Judicial\nMagistrates subordinate to him.\n\nExecutive\nMagistrates.\n\n14. (1) In every district, the State Government may appoint as many persons as it\nthinks fit to be Executive Magistrates and shall appoint one of them to be the District\nMagistrate.\n(2) The State Government may appoint any Executive Magistrate to be an Additional\nDistrict Magistrate, and such Magistrate shall have such of the powers of a District\nMagistrate under this Sanhita or under any other law for the time being in force as may be\ndirected by the State Government.\n(3) Whenever, in consequence of the office of a District Magistrate becoming vacant,\nany officer succeeds temporarily to the executive administration of the district, such officer\nshall, pending the orders of the State Government, exercise all the powers and perform all\nthe duties respectively conferred and imposed by this Sanhita on the District Magistrate.\n(4) The State Government may place an Executive Magistrate in charge of a\nsub-division and may relieve him of the charge as occasion requires; and the Magistrate so\nplaced in charge of a sub-division shall be called the Sub-divisional Magistrate.\n(5) The State Government may, by general or special order and subject to such control\nand directions as it may deem fit to impose, delegate its powers under sub-section (4) to the\nDistrict Magistrate.\n\n\f7\n(6) Nothing in this section shall preclude the State Government from conferring,\nunder any law for the time being in force, on a Commissioner of Police all or any of the\npowers of an Executive Magistrate.\n15. The State Government may appoint, for such term as it may think fit, Executive Special\nMagistrates or any police officer not below the rank of Superintendent of Police or equivalent, Executive\nMagistrates.\nto be known as Special Executive Magistrates, for particular areas or for the performance of\nparticular functions and confer on such Special Executive Magistrates such of the powers\nas are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.\n16. (1) Subject to the control of the State Government, the District Magistrate may,\nfrom time to time, define the local limits of the areas within which the Executive Magistrates\nmay exercise all or any of the powers with which they may be invested under this Sanhita.\n\nLocal\nJurisdiction of\nExecutive\nMagistrates.\n\n(2) Except as otherwise provided by such definition, the jurisdiction and powers of\nevery such Magistrate shall extend throughout the district.\n17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and Subordination\nevery Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in of Executive\nMagistrates.\na sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the\ngeneral control of the District Magistrate.\n(2) The District Magistrate may, from time to time, make rules or give special orders,\nconsistent with this Sanhita, as to the distribution or allocation of business among the\nExecutive Magistrates subordinate to him.\n18. (1) For every High Court, the Central Government or the State Government shall, Public\nafter consultation with the High Court, appoint a Public Prosecutor and may also appoint Prosecutors.\none or more Additional Public Prosecutors, for conducting in such Court, any prosecution,\nappeal or other proceeding on behalf of the Central Government or the State Government,\nas the case may be:\nProvided that for National Capital Territory of Delhi, the Central Government shall,\nafter consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional\nPublic Prosecutors for the purposes of this sub-section.\n(2) The Central Government may appoint one or more Public Prosecutors for the\npurpose of conducting any case in any district or local area.\n(3) For every district, the State Government shall appoint a Public Prosecutor and may\nalso appoint one or more Additional Public Prosecutors for the district:\nProvided that the Public Prosecutor or Additional Public Prosecutor appointed for\none district may be appointed also to be a Public Prosecutor or an Additional Public\nProsecutor, as the case may be, for another district.\n(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a\npanel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors\nor Additional Public Prosecutors for the district.\n(5) No person shall be appointed by the State Government as the Public Prosecutor or\nAdditional Public Prosecutor for the district unless his name appears in the panel of names\nprepared by the District Magistrate under sub-section (4).\n(6) Notwithstanding anything in sub-section (5), where in a State there exists a\nregular Cadre of Prosecuting Officers, the State Government shall appoint a Public\nProsecutor or an Additional Public Prosecutor only from among the persons constituting\nsuch Cadre:\nProvided that where, in the opinion of the State Government, no suitable person is\navailable in such Cadre for such appointment, that Government may appoint a person as\nPublic Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of\nnames prepared by the District Magistrate under sub-section (4).\n\n\f8\nExplanation.—For the purposes of this sub-section,—\n(a) \"regular Cadre of Prosecuting Officers\" means a Cadre of Prosecuting Officers\nwhich includes therein the post of Public Prosecutor, by whatever name called, and\nwhich provides for promotion of Assistant Public Prosecutors, by whatever name\ncalled, to that post;\n(b) \"Prosecuting Officer\" means a person, by whatever name called, appointed\nto perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional\nPublic Prosecutor or Assistant Public Prosecutor under this Sanhita.\n(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional\nPublic Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6),\nonly if he has been in practice as an advocate for not less than seven years.\n(8) The Central Government or the State Government may appoint, for the purposes\nof any case or class of cases, a person who has been in practice as an advocate for not less\nthan ten years as a Special Public Prosecutor:\nProvided that the Court may permit the victim to engage an advocate of his choice to\nassist the prosecution under this sub-section.\n(9) For the purposes of sub-section (7) and sub-section (8), the period during which\na person has been in practice as an advocate, or has rendered (whether before or after the\ncommencement of this Sanhita) service as a Public Prosecutor or as an Additional Public\nProsecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name\ncalled, shall be deemed to be the period during which such person has been in practice as\nan advocate.\nAssistant\nPublic\nProsecutors.\n\n19. (1) The State Government shall appoint in every district one or more Assistant\nPublic Prosecutors for conducting prosecutions in the Courts of Magistrates.\n(2) The Central Government may appoint one or more Assistant Public Prosecutors\nfor the purpose of conducting any case or class of cases in the Courts of Magistrates.\n(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no\nAssistant Public Prosecutor is available for the purposes of any particular case, the District\nMagistrate may appoint any other person to be the Assistant Public Prosecutor in charge of\nthat case after giving notice of fourteen days to the State Government:\nProvided that no police officer shall be eligible to be appointed as an Assistant Public\nProsecutor, if he—\n(a) has taken any part in the investigation into the offence with respect to\nwhich the accused is being prosecuted; or\n(b) is below the rank of Inspector.\n\nDirectorate of\nProsecution.\n\n20. (1) The State Government may establish,—\n(a) a Directorate of Prosecution in the State consisting of a Director of\nProsecution and as many Deputy Directors of Prosecution as it thinks fit; and\n(b) a District Directorate of Prosecution in every district consisting of as many\nDeputy Directors and Assistant Directors of Prosecution, as it thinks fit.\n(2) A person shall be eligible to be appointed,—\n(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has\nbeen in practice as an advocate for not less than fifteen years or is or has been a\nSessions Judge;\n(b) as an Assistant Director of Prosecution, if he has been in practice as an\nadvocate for not less than seven years or has been a Magistrate of the first class.\n\n\f9\n(3) The Directorate of Prosecution shall be headed by the Director of Prosecution,\nwho shall function under the administrative control of the Home Department in the State.\n(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall\nbe subordinate to the Director of Prosecution; and every Assistant Director of Prosecution\nshall be subordinate to the Deputy Director of Prosecution.\n(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor\nappointed by the State Government under sub-section (1) or sub-section (8) of section 18\nto conduct cases in the High Court shall be subordinate to the Director of Prosecution.\n(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor\nappointed by the State Government under sub-section (3) or sub-section (8) of section 18\nto conduct cases in District Courts and every Assistant Public Prosecutor appointed under\nsub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or\nthe Assistant Director of Prosecution.\n(7) The powers and functions of the Director of Prosecution shall be to monitor cases\nin which offences are punishable for ten years or more, or with life imprisonment, or with\ndeath; to expedite the proceedings and to give opinion on filing of appeals.\n(8) The powers and functions of the Deputy Director of Prosecution shall be to\nexamine and scrutinise police report and monitor the cases in which offences are punishable\nfor seven years or more, but less than ten years, for ensuring their expeditious disposal.\n(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in\nwhich offences are punishable for less than seven years.\n(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director,\nDeputy Director or Assistant Director of Prosecution shall have the power to deal with and\nbe responsible for all proceedings under this Sanhita.\n(11) The other powers and functions of the Director of Prosecution, Deputy Directors\nof Prosecution and Assistant Directors of Prosecution and the areas for which each of the\nDeputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed\nshall be such as the State Government may, by notification, specify.\n(12) The provisions of this section shall not apply to the Advocate General for the\nState while performing the functions of a Public Prosecutor.\nCHAPTER III\nPOWER OF COURTS\n21. Subject to the other provisions of this Sanhita,—\n(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—\n(i) the High Court; or\n(ii) the Court of Session; or\n(iii) any other Court by which such offence is shown in the First Schedule\nto be triable:\nProvided that any offence under section 64, section 65, section 66, section 67,\nsection 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023\nshall be tried as far as practicable by a Court presided over by a woman;\n(b) any offence under any other law shall, when any Court is mentioned in this\nbehalf in such law, be tried by such Court and when no Court is so mentioned, may be\ntried by—\n(i) the High Court; or\n(ii) any other Court by which such offence is shown in the First Schedule\nto be triable.\n\nCourts by\nwhich\noffences are\ntriable.\n\n\f10\nSentences\nwhich High\nCourts and\nSessions Judges\nmay pass.\nSentences\nwhich\nMagistrates\nmay pass.\n\nSentence of\nimprisonment\nin default of\nfine.\n\n22. (1) A High Court may pass any sentence authorised by law.\n(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised\nby law; but any sentence of death passed by any such Judge shall be subject to confirmation\nby the High Court.\n23. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by\nlaw except a sentence of death or of imprisonment for life or of imprisonment for a term\nexceeding seven years.\n(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment\nfor a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of\nboth, or of community service.\n(3) The Court of Magistrate of the second class may pass a sentence of imprisonment\nfor a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both,\nor of community service.\nExplanation.—\"Community service\" shall mean the work which the Court may order\na convict to perform as a form of punishment that benefits the community, for which he shall\nnot be entitled to any remuneration.\n24. (1) The Court of a Magistrate may award such term of imprisonment in default of\npayment of fine as is authorised by law:\nProvided that the term—\n(a) is not in excess of the powers of the Magistrate under section 23;\n(b) shall not, where imprisonment has been awarded as part of the substantive\nsentence, exceed one-fourth of the term of imprisonment which the Magistrate is\ncompetent to inflict as punishment for the offence otherwise than as imprisonment in\ndefault of payment of the fine.\n(2) The imprisonment awarded under this section may be in addition to a substantive\nsentence of imprisonment for the maximum term awardable by the Magistrate under section 23.\n\nSentence in\ncases of\nconviction of\nseveral\noffences at\none trial.\n\n25. (1) When a person is convicted at one trial of two or more offences, the Court may,\nsubject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him\nfor such offences, to the several punishments prescribed therefor which such Court is\ncompetent to inflict and the Court shall, considering the gravity of offences, order such\npunishments to run concurrently or consecutively.\n(2) In the case of consecutive sentences, it shall not be necessary for the Court by\nreason only of the aggregate punishment for the several offences being in excess of the\npunishment which it is competent to inflict on conviction of a single offence, to send the\noffender for trial before a higher Court:\nProvided that—\n(a) in no case shall such person be sentenced to imprisonment for a longer\nperiod than twenty years;\n(b) the aggregate punishment shall not exceed twice the amount of punishment\nwhich the Court is competent to inflict for a single offence.\n(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive\nsentences passed against him under this section shall be deemed to be a single sentence.\n\nMode of\nconferring\npowers.\n\n26. (1) In conferring powers under this Sanhita, the High Court or the State Government,\nas the case may be, may, by order, empower persons specially by name or in virtue of their\noffices or classes of officials generally be their official titles.\n(2) Every such order shall take effect from the date on which it is communicated to the\nperson so empowered.\n\nPowers of\nofficers\nappointed.\n\n27. Whenever any person holding an office in the service of Government who has\nbeen invested by the High Court or the State Government with any powers under this\nSanhita throughout any local area is appointed to an equal or higher office of the same\n\n\f11\nnature, within a like local area under the same State Government, he shall, unless the High\nCourt or the State Government, as the case may be, otherwise directs, or has otherwise\ndirected, exercise the same powers in the local area in which he is so appointed.\n28. (1) The High Court or the State Government, as the case may be, may withdraw all Withdrawal of\nor any of the powers conferred by it under this Sanhita on any person or by any officer powers.\nsubordinate to it.\n(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate\nmay be withdrawn by the respective Magistrate by whom such powers were conferred.\n29. (1) Subject to the other provisions of this Sanhita, the powers and duties of a Powers of\nJudges and\nJudge or Magistrate may be exercised or performed by his successor-in-office.\n(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge\nshall determine by order in writing the Judge who shall, for the purposes of this Sanhita or\nof any proceedings or order thereunder, be deemed to be the successor-in-office.\n\nMagistrates\nexercisable by\ntheir\nsuccessors-inoffice.\n\n(3) When there is any doubt as to who is the successor-in-office of any Magistrate,\nthe Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine\nby order in writing the Magistrate who shall, for the purpose of this Sanhita or of any\nproceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.\nCHAPTER IV\nPOWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE\n30. Police officers superior in rank to an officer in charge of a police station may\nexercise the same powers, throughout the local area to which they are appointed, as may be\nexercised by such officer within the limits of his station.\n\nPowers of\nsuperior\nofficers of\npolice.\n\n31. Every person is bound to assist a Magistrate or police officer reasonably demanding Public when to\nassist\nhis aid—\nMagistrates\n\n(a) in the taking or preventing the escape of any other person whom such and police.\nMagistrate or police officer is authorised to arrest; or\n(b) in the prevention or suppression of a breach of the peace; or\n(c) in the prevention of any injury attempted to be committed to any public\nproperty.\n\n32. When a warrant is directed to a person other than a police officer, any other Aid to person,\nperson may aid in the execution of such warrant, if the person to whom the warrant is other than\npolice officer,\ndirected be near at hand and acting in the execution of the warrant.\nexecuting\nwarrant.\n\n33. (1) Every person, aware of the commission of, or of the intention of any other Public to give\nperson to commit, any offence punishable under any of the following sections of the information\nof certain\nBharatiya Nyaya Sanhita, 2023, namely:—\noffences.\n\n(i) sections 103 to 105 (both inclusive);\n(ii) sections 111 to 113 (both inclusive);\n(iii) sections 140 to 144 (both inclusive);\n(iv) sections 147 to 154 (both inclusive) and section 158;\n(v) sections 178 to 182 (both inclusive);\n(vi) sections 189 and 191;\n(vii) sections 274 to 280 (both inclusive);\n(viii) section 307;\n\n\f12\n(ix) sections 309 to 312 (both inclusive);\n(x) sub-section (5) of section 316;\n(xi) sections 326 to 328 (both inclusive); and\n(xii) sections 331 and 332,\nshall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie\nupon the person so aware, forthwith give information to the nearest Magistrate or police\nofficer of such commission or intention.\n(2) For the purposes of this section, the term \"offence\" includes any act committed at\nany place out of India which would constitute an offence if committed in India.\nDuty of\nofficers\nemployed in\nconnection\nwith affairs of\na village to\nmake certain\nreport.\n\n34. (1) Every officer employed in connection with the affairs of a village and every\nperson residing in a village shall forthwith communicate to the nearest Magistrate or to the\nofficer in charge of the nearest police station, whichever is nearer, any information which he\nmay possess respecting—\n(a) the permanent or temporary residence of any notorious receiver or vendor\nof stolen property in or near such village;\n(b) the resort to any place within, or the passage through, such village of any\nperson whom he knows, or reasonably suspects, to be a robber, escaped convict or\nproclaimed offender;\n(c) the commission of, or intention to commit, in or near such village any\nnon-bailable offence or any offence punishable under section 189 and section 191 of\nthe Bharatiya Nyaya Sanhita, 2023;\n(d) the occurrence in or near such village of any sudden or unnatural death or\nof any death under suspicious circumstances or the discovery in or near such village\nof any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion\nthat such a death has occurred or the disappearance from such village of any person\nin circumstances which lead to a reasonable suspicion that a non-bailable offence has\nbeen committed in respect of such person;\n(e) the commission of, or intention to commit, at any place out of India near\nsuch village any act which, if committed in India, would be an offence punishable\nunder any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely,\n103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),\nclauses (f) and (g) of section 326, 331or 332;\n(f) any matter likely to affect the maintenance of order or the prevention of crime\nor the safety of person or property respecting which the District Magistrate, by\ngeneral or special order made with the previous sanction of the State Government,\nhas directed him to communicate information.\n(2) In this section,—\n(i) \"village\" includes village lands;\n(ii) the expression \"proclaimed offender\" includes any person proclaimed as an\noffender by any Court or authority in any territory in India to which this Sanhita does\nnot extend, in respect of any act which if committed in the territories to which this\nSanhita extends, would be an offence punishable under any of the offence punishable\nwith imprisonment for ten years or more or with imprisonment for life or with death\nunder the Bharatiya Nyaya Sanhita, 2023;\n(iii) the words \"officer employed in connection with the affairs of the village\"\nmeans a member of the panchayat of the village and includes the headman and every\nofficer or other person appointed to perform any function connected with the\nadministration of the village.\n\n\f13\nCHAPTER V\nARREST OF PERSONS\n35. (1) Any police officer may without an order from a Magistrate and without a When police\nmay arrest\nwarrant, arrest any person—\n(a) who commits, in the presence of a police officer, a cognizable offence; or\n(b) against whom a reasonable complaint has been made, or credible information\nhas been received, or a reasonable suspicion exists that he has committed a cognizable\noffence punishable with imprisonment for a term which may be less than seven years\nor which may extend to seven years whether with or without fine, if the following\nconditions are satisfied, namely:—\n(i) the police officer has reason to believe on the basis of such complaint,\ninformation, or suspicion that such person has committed the said offence;\n(ii) the police officer is satisfied that such arrest is necessary—\n(a) to prevent such person from committing any further offence; or\n(b) for proper investigation of the offence; or\n(c) to prevent such person from causing the evidence of the offence\nto disappear or tampering with such evidence in any manner; or\n(d) to prevent such person from making any inducement, threat or\npromise to any person acquainted with the facts of the case so as to\ndissuade him from disclosing such facts to the Court or to the police\nofficer; or\n(e) as unless such person is arrested, his presence in the Court\nwhenever required cannot be ensured,\nand the police officer shall record while making such arrest, his reasons in writing:\nProvided that a police officer shall, in all cases where the arrest of a person is\nnot required under the provisions of this sub-section, record the reasons in writing\nfor not making the arrest; or\n(c) against whom credible information has been received that he has committed\na cognizable offence punishable with imprisonment for a term which may extend to\nmore than seven years whether with or without fine or with death sentence and the\npolice officer has reason to believe on the basis of that information that such person\nhas committed the said offence; or\n(d) who has been proclaimed as an offender either under this Sanhita or by\norder of the State Government; or\n(e) in whose possession anything is found which may reasonably be suspected\nto be stolen property and who may reasonably be suspected of having committed an\noffence with reference to such thing; or\n(f) who obstructs a police officer while in the execution of his duty, or who has\nescaped, or attempts to escape, from lawful custody; or\n(g) who is reasonably suspected of being a deserter from any of the Armed\nForces of the Union; or\n(h) who has been concerned in, or against whom a reasonable complaint has\nbeen made, or credible information has been received, or a reasonable suspicion\nexists, of his having been concerned in, any act committed at any place out of India\nwhich, if committed in India, would have been punishable as an offence, and for\n\nwithout\nwarrant.\n\n\f14\nwhich he is, under any law relating to extradition, or otherwise, liable to be apprehended\nor detained in custody in India; or\n(i) who, being a released convict, commits a breach of any rule made under\nsub-section (5) of section 394; or\n(j) for whose arrest any requisition, whether written or oral, has been received\nfrom another police officer, provided that the requisition specifies the person to be\narrested and the offence or other cause for which the arrest is to be made and it\nappears therefrom that the person might lawfully be arrested without a warrant by the\nofficer who issued the requisition.\n(2) Subject to the provisions of section 39, no person concerned in a non-cognizable\noffence or against whom a complaint has been made or credible information has been\nreceived or reasonable suspicion exists of his having so concerned, shall be arrested except\nunder a warrant or order of a Magistrate.\n(3) The police officer shall, in all cases where the arrest of a person is not required\nunder sub-section (1) issue a notice directing the person against whom a reasonable\ncomplaint has been made, or credible information has been received, or a reasonable suspicion\nexists that he has committed a cognizable offence, to appear before him or at such other\nplace as may be specified in the notice.\n(4) Where such a notice is issued to any person, it shall be the duty of that person to\ncomply with the terms of the notice.\n(5) Where such person complies and continues to comply with the notice, he shall\nnot be arrested in respect of the offence referred to in the notice unless, for reasons to be\nrecorded, the police officer is of the opinion that he ought to be arrested.\n(6) Where such person, at any time, fails to comply with the terms of the notice or is\nunwilling to identify himself, the police officer may, subject to such orders as may have\nbeen passed by a competent Court in this behalf, arrest him for the offence mentioned in the\nnotice.\n(7) No arrest shall be made without prior permission of an officer not below the rank of\nDeputy Superintendent of Police in case of an offence which is punishable for imprisonment\nof less than three years and such person is infirm or is above sixty years of age.\nProcedure of\narrest and\nduties of\nofficer making\narrest.\n\n36. Every police officer while making an arrest shall—\n(a) bear an accurate, visible and clear identification of his name which will\nfacilitate easy identification;\n(b) prepare a memorandum of arrest which shall be—\n(i) attested by at least one witness, who is a member of the family of the\nperson arrested or a respectable member of the locality where the arrest is\nmade;\n(ii) countersigned by the person arrested; and\n(c) inform the person arrested, unless the memorandum is attested by a member\nof his family, that he has a right to have a relative or a friend or any other person\nnamed by him to be informed of his arrest.\n\nDesignated\npolice officer.\n\n37. The State Government shall—\n(a) establish a police control room in every district and at State level;\n(b) designate a police officer in every district and in every police station, not\nbelow the rank of Assistant Sub-Inspector of Police who shall be responsible for\nmaintaining the information about the names and addresses of the persons arrested,\nnature of the offence with which charged, which shall be prominently displayed in\nany manner including in digital mode in every police station and at the district\nheadquarters.\n\n\f15\n38. When any person is arrested and interrogated by the police, he shall be entitled Right of\nto meet an advocate of his choice during interrogation, though not throughout interrogation. arrested\n\nperson to\nmeet an\nadvocate of\nhis choice\nduring\ninterrogation.\n\n39. (1) When any person who, in the presence of a police officer, has committed or\nhas been accused of committing a non-cognizable offence refuses on demand of such\nofficer to give his name and residence or gives a name or residence which such officer has\nreason to believe to be false, he may be arrested by such officer in order that his name or\nresidence may be ascertained.\n\nArrest on\nrefusal to give\nname and\nresidence.\n\n(2) When the true name and residence of such person have been ascertained, he shall\nbe released on a bond or bail bond, to appear before a Magistrate if so required:\nProvided that if such person is not resident in India, the bail bond shall be secured by\na surety or sureties resident in India.\n(3) If the true name and residence of such person is not ascertained within\ntwenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or,\nif so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest\nMagistrate having jurisdiction.\n40. (1) Any private person may arrest or cause to be arrested any person who in his\npresence commits a non-bailable and cognizable offence, or any proclaimed offender, and,\nwithout unnecessary delay, but within six hours from such arrest, shall make over or cause\nto be made over any person so arrested to a police officer, or, in the absence of a police\nofficer, take such person or cause him to be taken in custody to the nearest police station.\n\nArrest by\nprivate person\nand procedure\non such arrest.\n\n(2) If there is reason to believe that such person comes under the provisions of\nsub-section (1) of section 35, a police officer shall take him in custody.\n(3) If there is reason to believe that he has committed a non-cognizable offence, and\nhe refuses on the demand of a police officer to give his name and residence, or gives a name\nor residence which such officer has reason to believe to be false, he shall be dealt with\nunder the provisions of section 39; but if there is no sufficient reason to believe that he has\ncommitted any offence, he shall be at once released.\n41. (1) When any offence is committed in the presence of a Magistrate, whether Arrest by\nExecutive or Judicial, within his local jurisdiction, he may himself arrest or order any person Magistrate.\nto arrest the offender, and may thereupon, subject to the provisions herein contained as to\nbail, commit the offender to custody.\n(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the\narrest, in his presence, within his local jurisdiction, of any person for whose arrest he is\ncompetent at the time and in the circumstances to issue a warrant.\n42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both\ninclusive), no member of the Armed Forces of the Union shall be arrested for anything done\nor purported to be done by him in the discharge of his official duties except after obtaining\nthe consent of the Central Government.\n(2) The State Government may, by notification, direct that the provisions of\nsub-section (1) shall apply to such class or category of the members of the Force charged\nwith the maintenance of public order as may be specified therein, wherever they may be\nserving, and thereupon the provisions of that sub-section shall apply as if for the expression\n\"Central Government\" occurring therein, the expression \"State Government\" were\nsubstituted.\n\nProtection of\nmembers of\nArmed Forces\nfrom arrest.\n\n\f16\nArrest how\nmade.\n\n43. (1) In making an arrest the police officer or other person making the same shall\nactually touch or confine the body of the person to be arrested, unless there be a submission\nto the custody by word or action:\nProvided that where a woman is to be arrested, unless the circumstances indicate\nto the contrary, her submission to custody on an oral intimation of arrest shall be\npresumed and, unless the circumstances otherwise require or unless the police officer\nis a female, the police officer shall not touch the person of the woman for making her\narrest.\n(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade\nthe arrest, such police officer or other person may use all means necessary to effect the\narrest.\n(3) The police officer may, keeping in view the nature and gravity of the offence,\nuse handcuff while making the arrest of a person or while producing such person\nbefore the court who is a habitual or repeat offender, or who escaped from custody, or\nwho has committed offence of organised crime, terrorist act, drug related crime, or\nillegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of\ncoins and currency-notes, human trafficking, sexual offence against children, or offence\nagainst the State.\n(4) Nothing in this section gives a right to cause the death of a person who is not\naccused of an offence punishable with death or with imprisonment for life.\n(5) Save in exceptional circumstances, no woman shall be arrested after sunset and\nbefore sunrise, and where such exceptional circumstances exist, the woman police officer\nshall, by making a written report, obtain the prior permission of the Magistrate of the\nfirst class within whose local jurisdiction the offence is committed or the arrest is to be\nmade.\n\nSearch of place\nentered by\nperson sought\nto be arrested.\n\n44. (1) If any person acting under a warrant of arrest, or any police officer having\nauthority to arrest, has reason to believe that the person to be arrested has entered into, or\nis within, any place, any person residing in, or being in charge of, such place shall, on\ndemand of such person acting as aforesaid or such police officer, allow him free ingress\nthereto, and afford all reasonable facilities for a search therein.\n(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful\nin any case for a person acting under a warrant and in any case in which a warrant may\nissue, but cannot be obtained without affording the person to be arrested an opportunity of\nescape, for a police officer to enter such place and search therein, and in order to effect an\nentrance into such place, to break open any outer or inner door or window of any house or\nplace, whether that of the person to be arrested or of any other person, if after notification\nof his authority and purpose, and demand of admittance duly made, he cannot otherwise\nobtain admittance:\nProvided that if any such place is an apartment in the actual occupancy of a female\n(not being the person to be arrested) who, according to custom, does not appear in public,\nsuch person or police officer shall, before entering such apartment, give notice to such\nfemale that she is at liberty to withdraw and shall afford her every reasonable facility for\nwithdrawing, and may then break open the apartment and enter it.\n(3) Any police officer or other person authorised to make an arrest may break open\nany outer or inner door or window of any house or place in order to liberate himself or any\nother person who, having lawfully entered for the purpose of making an arrest, is detained\ntherein.\n\n\f17\n45. A police officer may, for the purpose of arresting without warrant any person Pursuit of\noffenders into\nwhom he is authorised to arrest, pursue such person into any place in India.\nother\njurisdictions.\n\n46. The person arrested shall not be subjected to more restraint than is necessary to No unnecessary\nrestraint.\nprevent his escape.\n47. (1) Every police officer or other person arresting any person without warrant shall\nforthwith communicate to him full particulars of the offence for which he is arrested or other\ngrounds for such arrest.\n(2) Where a police officer arrests without warrant any person other than a person\naccused of a non-bailable offence, he shall inform the person arrested that he is entitled to\nbe released on bail and that he may arrange for sureties on his behalf.\n48. (1) Every police officer or other person making any arrest under this Sanhita shall\nforthwith give the information regarding such arrest and place where the arrested person is\nbeing held to any of his relatives, friends or such other persons as may be disclosed or\nnominated by the arrested person for the purpose of giving such information and also to\nthe designated police officer in the district.\n(2) The police officer shall inform the arrested person of his rights under\nsub-section (1) as soon as he is brought to the police station.\n\nPerson\narrested to be\ninformed of\ngrounds of\narrest and of\nright to bail.\n\nObligation of\nperson making\narrest to\ninform about\narrest, etc., to\nrelative or\nfriend.\n\n(3) An entry of the fact as to who has been informed of the arrest of such person shall\nbe made in a book to be kept in the police station in such form as the State Government may,\nby rules, provide.\n(4) It shall be the duty of the Magistrate before whom such arrested person is produced,\nto satisfy himself that the requirements of sub-section (2) and sub-section (3) have been\ncomplied with in respect of such arrested person.\n49. (1) Whenever,—\n(i) a person is arrested by a police officer under a warrant which does not\nprovide for the taking of bail, or under a warrant which provides for the taking of bail\nbut the person arrested cannot furnish bail; and\n\nSearch of\narrested\nperson.\n\n(ii) a person is arrested without warrant, or by a private person under a warrant,\nand cannot legally be admitted to bail, or is unable to furnish bail,\nthe officer making the arrest or, when the arrest is made by a private person, the police\nofficer to whom he makes over the person arrested, may search such person, and place in\nsafe custody all articles, other than necessary wearing-apparel, found upon him and where\nany article is seized from the arrested person, a receipt showing the articles taken in\npossession by the police officer shall be given to such person.\n(2) Whenever it is necessary to cause a female to be searched, the search shall be\nmade by another female with strict regard to decency.\n50. The police officer or other person making any arrest under this Sanhita may, Power to seize\nimmediately after the arrest is made, take from the person arrested any offensive weapons offensive\nweapons.\nwhich he has about his person, and shall deliver all weapons so taken to the Court or officer\nbefore which or whom the officer or person making the arrest is required by this Sanhita to\nproduce the person arrested.\n51. (1) When a person is arrested on a charge of committing an offence of such a\nnature and alleged to have been committed under such circumstances that there are\nreasonable grounds for believing that an examination of his person will afford evidence as\nto the commission of an offence, it shall be lawful for a registered medical practitioner,\nacting at the request of any police officer, and for any person acting in good faith in his aid\nand under his direction, to make such an examination of the person arrested as is reasonably\n\nExamination\nof accused by\nmedical\npractitioner at\nrequest of\npolice officer.\n\n\f18\nnecessary in order to ascertain the facts which may afford such evidence, and to use such\nforce as is reasonably necessary for that purpose.\n(2) Whenever the person of a female is to be examined under this section, the\nexamination shall be made only by, or under the supervision of, a female registered medical\npractitioner.\n(3) The registered medical practitioner shall, without any delay, forward the examination\nreport to the investigating officer.\nExplanation.—In this section and sections 52 and 53,—\n(a) \"examination\" shall include the examination of blood, blood stains, semen,\nswabs in case of sexual offences, sputum and sweat, hair samples and finger nail\nclippings by the use of modern and scientific techniques including DNA profiling and\nsuch other tests which the registered medical practitioner thinks necessary in a\nparticular case;\n(b) \"registered medical practitioner\" means a medical practitioner who possesses\nany medical qualification recognised under the National Medical Commission\nAct, 2019 and whose name has been entered in the National Medical Register or a\nState Medical Register under that Act.\nExamination\nof person\naccused of\nrape by\nmedical\npractitioner.\n\n52. (1) When a person is arrested on a charge of committing an offence of rape or an\nattempt to commit rape and there are reasonable grounds for believing that an examination\nof his person will afford evidence as to the commission of such offence, it shall be lawful for\na registered medical practitioner employed in a hospital run by the Government or by a local\nauthority and in the absence of such a practitioner within the radius of sixteen kilometres\nfrom the place where the offence has been committed, by any other registered medical\npractitioner, acting at the request of any police officer, and for any person acting in good\nfaith in his aid and under his direction, to make such an examination of the arrested person\nand to use such force as is reasonably necessary for that purpose.\n(2) The registered medical practitioner conducting such examination shall, without\nany delay, examine such person and prepare a report of his examination giving the following\nparticulars, namely:—\n(i) the name and address of the accused and of the person by whom he was\nbrought;\n(ii) the age of the accused;\n(iii) marks of injury, if any, on the person of the accused;\n(iv) the description of material taken from the person of the accused for DNA\nprofiling; and\n(v) other material particulars in reasonable detail.\n(3) The report shall state precisely the reasons for each conclusion arrived at.\n(4) The exact time of commencement and completion of the examination shall also be\nnoted in the report.\n(5) The registered medical practitioner shall, without any delay, forward the report to\nthe investigating officer, who shall forward it to the Magistrate referred to in section 193 as\npart of the documents referred to in clause (a) of sub-section (6) of that section.\n\nExamination\nof arrested\nperson by\nmedical\nofficer.\n\n53. (1) When any person is arrested, he shall be examined by a medical officer in the\nservice of the Central Government or a State Government, and in case the medical officer is\nnot available, by a registered medical practitioner soon after the arrest is made:\n\n30 of 2019.\n\n\f19\nProvided that if the medical officer or the registered medical practitioner is of the\nopinion that one more examination of such person is necessary, he may do so:\nProvided further that where the arrested person is a female, the examination of the\nbody shall be made only by or under the supervision of a female medical officer, and in case\nthe female medical officer is not available, by a female registered medical practitioner.\n(2) The medical officer or a registered medical practitioner so examining the arrested\nperson shall prepare the record of such examination, mentioning therein any injuries or\nmarks of violence upon the person arrested, and the approximate time when such injuries or\nmarks may have been inflicted.\n(3) Where an examination is made under sub-section (1), a copy of the report of such\nexamination shall be furnished by the medical officer or registered medical practitioner, as\nthe case may be, to the arrested person or the person nominated by such arrested person.\n54. Where a person is arrested on a charge of committing an offence and his Identification\nidentification by any other person or persons is considered necessary for the purpose of of person\narrested.\ninvestigation of such offence, the Court, having jurisdiction may, on the request of the\nofficer in charge of a police station, direct the person so arrested to subject himself to\nidentification by any person or persons in such manner as the Court may deem fit:\nProvided that if the person identifying the person arrested is mentally or physically\ndisabled, such process of identification shall take place under the supervision of a Magistrate\nwho shall take appropriate steps to ensure that such person identifies the person arrested\nusing methods that person is comfortable with and the identification process shall be\nrecorded by any audio-video electronic means.\n55. (1) When any officer in charge of a police station or any police officer making an\ninvestigation under Chapter XIII requires any officer subordinate to him to arrest without a\nwarrant (otherwise than in his presence) any person who may lawfully be arrested without\na warrant, he shall deliver to the officer required to make the arrest an order in writing,\nspecifying the person to be arrested and the offence or other cause for which the arrest is\nto be made and the officer so required shall, before making the arrest, notify to the person\nto be arrested the substance of the order and, if so required by such person, shall show him\nthe order.\n\nProcedure\nwhen police\nofficer deputes\nsubordinate to\narrest without\nwarrant.\n\n(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a\nperson under section 35.\n56. It shall be the duty of the person having the custody of an accused to take Health and\nsafety of\nreasonable care of the health and safety of the accused.\n\narrested person.\n\n57. A police officer making an arrest without warrant shall, without unnecessary\ndelay and subject to the provisions herein contained as to bail, take or send the person\narrested before a Magistrate having jurisdiction in the case, or before the officer in charge\nof a police station.\n\nPerson\narrested to be\ntaken before\nMagistrate or\nofficer in\ncharge of\npolice station.\n\n58. No police officer shall detain in custody a person arrested without warrant for a\nlonger period than under all the circumstances of the case is reasonable, and such period\nshall not, in the absence of a special order of a Magistrate under section 187, exceed\ntwenty-four hours exclusive of the time necessary for the journey from the place of arrest to\nthe Magistrate's Court, whether having jurisdiction or not.\n\nPerson\narrested not to\nbe detained\nmore than\ntwenty-four\nhours.\n\n59. Officers in charge of police stations shall report to the District Magistrate, or, if Police to\nhe so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without report\napprehensions.\nwarrant, within the limits of their respective stations, whether such persons have been\nadmitted to bail or otherwise.\n\n\f20\nDischarge of\nperson\napprehended.\n\n60. No person who has been arrested by a police officer shall be discharged except\non his bond, or bail bond, or under the special order of a Magistrate.\n\nPower, on\nescape, to\npursue and\nretake.\n\n61. (1) If a person in lawful custody escapes or is rescued, the person from whose\ncustody he escaped or was rescued may immediately pursue and arrest him in any place in\nIndia.\n(2) The provisions of section 44 shall apply to arrests under sub-section (1) although\nthe person making any such arrest is not acting under a warrant and is not a police officer\nhaving authority to arrest.\n\nArrest to be\nmade strictly\naccording to\nSanhita.\n\n62. No arrest shall be made except in accordance with the provisions of this Sanhita\nor any other law for the time being in force providing for arrest.\nCHAPTER VI\nPROCESSES TO COMPEL APPEARANCE\nA.—Summons\n\nForm of\nsummons.\n\n63. Every summons issued by a Court under this Sanhita shall be,—\n(i) in writing, in duplicate, signed by the presiding officer of such Court or by\nsuch other officer as the High Court may, from time to time, by rule direct, and shall\nbear the seal of the Court; or\n(ii) in an encrypted or any other form of electronic communication and shall\nbear the image of the seal of the Court or digital signature.\n\nSummons how\nserved.\n\n64. (1) Every summons shall be served by a police officer, or subject to such rules as\nthe State Government may make in this behalf, by an officer of the Court issuing it or other\npublic servant:\nProvided that the police station or the registrar in the Court shall maintain a register to\nenter the address, email address, phone number and such other details as the State\nGovernment may, by rules, provide.\n(2) The summons shall, if practicable, be served personally on the person summoned,\nby delivering or tendering to him one of the duplicates of the summons:\nProvided that summons bearing the image of Court's seal may also be served by\nelectronic communication in such form and in such manner, as the State Government may,\nby rules, provide.\n(3) Every person on whom a summons is so served personally shall, if so required by\nthe serving officer, sign a receipt therefor on the back of the other duplicate.\n\nService of\nsummons on\ncorporate\nbodies, firms,\nand societies.\n\n65. (1) Service of a summons on a company or corporation may be effected by serving\nit on the Director, Manager, Secretary or other officer of the company or corporation, or by\nletter sent by registered post addressed to the Director, Manager, Secretary or other officer\nof the company or corporation in India, in which case the service shall be deemed to have\nbeen effected when the letter would arrive in ordinary course of post.\nExplanation.—In this section, \"company\" means a body corporate and \"corporation\"\nmeans an incorporated company or other body corporate registered under the Companies\nAct, 2013 or a society registered under the Societies Registration Act, 1860.\n(2) Service of a summons on a firm or other association of individuals may be effected\nby serving it on any partner of such firm or association, or by letter sent by registered post\naddressed to such partner, in which case the service shall be deemed to have been effected\nwhen the letter would arrive in ordinary course of post.\n\n18 of 2013.\n21 of 1860.\n\n\f21\n66. Where the person summoned cannot, by the exercise of due diligence, be found,\nthe summons may be served by leaving one of the duplicates for him with some adult\nmember of his family residing with him, and the person with whom the summons is so left\nshall, if so required by the serving officer, sign a receipt therefor on the back of the other\nduplicate.\n\nService when\npersons\nsummoned\ncannot be\nfound.\n\nExplanation.—A servant is not a member of the family within the meaning of this\nsection.\n67. If service cannot by the exercise of due diligence be effected as provided in\nsection 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the\nsummons to some conspicuous part of the house or homestead in which the person\nsummoned ordinarily resides; and thereupon the Court, after making such inquiries as it\nthinks fit, may either declare that the summons has been duly served or order fresh service\nin such manner as it considers proper.\n\nProcedure\nwhen service\ncannot be\neffected as\nbefore\nprovided.\n\n68. (1) Where the person summoned is in the active service of the Government, the Service on\nCourt issuing the summons shall ordinarily send it in duplicate to the head of the office in Government\nservant.\nwhich such person is employed; and such head shall thereupon cause the summons to be\nserved in the manner provided by section 64, and shall return it to the Court under his\nsignature with the endorsement required by that section.\n(2) Such signature shall be evidence of due service.\n69. When a Court desires that a summons issued by it shall be served at any place\noutside its local jurisdiction, it shall ordinarily send such summons in duplicate to a\nMagistrate within whose local jurisdiction the person summoned resides, or is, to be there\nserved.\n\nService of\nsummons\noutside local\nlimits.\n\n70. (1) When a summons issued by a Court is served outside its local jurisdiction, and\nin any case where the officer who has served a summons is not present at the hearing of the\ncase, an affidavit, purporting to be made before a Magistrate, that such summons has been\nserved, and a duplicate of the summons purporting to be endorsed (in the manner provided\nby section 64 or section 66) by the person to whom it was delivered or tendered or with\nwhom it was left, shall be admissible in evidence, and the statements made therein shall be\ndeemed to be correct unless and until the contrary is proved.\n\nProof of\nservice in such\ncases and\nwhen serving\nofficer not\npresent.\n\n(2) The affidavit mentioned in this section may be attached to the duplicate of the\nsummons and returned to the Court.\n(3) All summons served through electronic communication under sections 64 to 71\n(both inclusive) shall be considered as duly served and a copy of such summons shall be\nattested and kept as a proof of service of summons.\n71. (1) Notwithstanding anything contained in the preceding sections of this Chapter, Service of\na Court issuing a summons to a witness may, in addition to and simultaneously with the summons on\nwitness.\nissue of such summons, direct a copy of the summons to be served by electronic\ncommunication or by registered post addressed to the witness at the place where he ordinarily\nresides or carries on business or personally works for gain.\n(2) When an acknowledgement purporting to be signed by the witness or an\nendorsement purporting to be made by a postal employee that the witness refused to take\ndelivery of the summons has been received or on the proof of delivery of summons under\nsub-section (3) of section 70 by electronic communication to the satisfaction of the Court,\nthe Court issuing summons may deem that the summons has been duly served.\nB.—Warrant of arrest\n72. (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, Form of warrant\nof arrest and\nsigned by the presiding officer of such Court and shall bear the seal of the Court.\nduration.\n\n\f22\n(2) Every such warrant shall remain in force until it is cancelled by the Court which\nissued it, or until it is executed.\nPower to\ndirect security\nto be taken.\n\n73. (1) Any Court issuing a warrant for the arrest of any person may in its discretion\ndirect by endorsement on the warrant that, if such person executes a bail bond with sufficient\nsureties for his attendance before the Court at a specified time and thereafter until otherwise\ndirected by the Court, the officer to whom the warrant is directed shall take such security\nand shall release such person from custody.\n(2) The endorsement shall state—\n(a) the number of sureties;\n(b) the amount in which they and the person for whose arrest the warrant is\nissued, are to be respectively bound;\n(c) the time at which he is to attend before the Court.\n(3) Whenever security is taken under this section, the officer to whom the warrant is\ndirected shall forward the bond to the Court.\n\nWarrants to\nwhom\ndirected.\n\n74. (1) A warrant of arrest shall ordinarily be directed to one or more police officers;\nbut the Court issuing such a warrant may, if its immediate execution is necessary and no\npolice officer is immediately available, direct it to any other person or persons, and such\nperson or persons shall execute the same.\n(2) When a warrant is directed to more officers or persons than one, it may be executed\nby all, or by any one or more of them.\n\nWarrant may\nbe directed to\nany person.\n\n75. (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a\nwarrant to any person within his local jurisdiction for the arrest of any escaped convict,\nproclaimed offender or of any person who is accused of a non-bailable offence and is\nevading arrest.\n(2) Such person shall acknowledge in writing the receipt of the warrant, and shall\nexecute it if the person for whose arrest it was issued, is in, or enters on, any land or other\nproperty under his charge.\n(3) When the person against whom such warrant is issued is arrested, he shall be\nmade over with the warrant to the nearest police officer, who shall cause him to be taken\nbefore a Magistrate having jurisdiction in the case, unless security is taken under section 73.\n\nWarrant\ndirected to\npolice officer.\n\n76. A warrant directed to any police officer may also be executed by any other police\nofficer whose name is endorsed upon the warrant by the officer to whom it is directed or\nendorsed.\n\nNotification\nof substance\nof warrant.\n\n77. The police officer or other person executing a warrant of arrest shall notify the\nsubstance thereof to the person to be arrested, and, if so required, shall show him the\nwarrant.\n\nPerson\narrested to be\nbrought before\nCourt without\ndelay.\n\n78. The police officer or other person executing a warrant of arrest shall (subject to\nthe provisions of section 73 as to security) without unnecessary delay bring the person\narrested before the Court before which he is required by law to produce such person:\n\nWhere\nwarrant may\nbe executed.\n\nProvided that such delay shall not, in any case, exceed twenty-four hours exclusive\nof the time necessary for the journey from the place of arrest to the Magistrate's Court.\n79. A warrant of arrest may be executed at any place in India.\n\n\f23\n80. (1) When a warrant is to be executed outside the local jurisdiction of the Court\nissuing it, such Court may, instead of directing the warrant to a police officer within its\njurisdiction, forward it by post or otherwise to any Executive Magistrate or District\nSuperintendent of Police or Commissioner of Police within the local limits of whose jurisdiction\nit is to be executed; and the Executive Magistrate or District Superintendent or Commissioner\nshall endorse his name thereon, and if practicable, cause it to be executed in the manner\nhereinbefore provided.\n\nWarrant\nforwarded for\nexecution\noutside\njurisdiction.\n\n(2) The Court issuing a warrant under sub-section (1) shall forward, along with the\nwarrant, the substance of the information against the person to be arrested together with\nsuch documents, if any, as may be sufficient to enable the Court acting under section 83 to\ndecide whether bail should or should not be granted to the person.\n81. (1) When a warrant directed to a police officer is to be executed beyond the local\njurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either\nto an Executive Magistrate or to a police officer not below the rank of an officer in charge of\na police station, within the local limits of whose jurisdiction the warrant is to be executed.\n(2) Such Magistrate or police officer shall endorse his name thereon and such\nendorsement shall be sufficient authority to the police officer to whom the warrant is\ndirected to execute the same, and the local police shall, if so required, assist such officer in\nexecuting such warrant.\n\nWarrant\ndirected to\npolice officer\nfor execution\noutside\njurisdiction.\n\n(3) Whenever there is reason to believe that the delay occasioned by obtaining the\nendorsement of the Magistrate or police officer within whose local jurisdiction the warrant\nis to be executed will prevent such execution, the police officer to whom it is directed may\nexecute the same without such endorsement in any place beyond the local jurisdiction of\nthe Court which issued it.\n82. (1) When a warrant of arrest is executed outside the district in which it was issued,\nthe person arrested shall, unless the Court which issued the warrant is within thirty kilometres\nof the place of arrest or is nearer than the Executive Magistrate or District Superintendent of\nPolice or Commissioner of Police within the local limits of whose jurisdiction the arrest was\nmade, or unless security is taken under section 73, be taken before such Magistrate or\nDistrict Superintendent or Commissioner.\n\nProcedure on\narrest of\nperson against\nwhom warrant\nissued.\n\n(2) On the arrest of any person referred to in sub-section (1), the police officer shall\nforthwith give the information regarding such arrest and the place where the arrested person\nis being held to the designated police officer in the district and to such officer of another\ndistrict where the arrested person normally resides.\n83. (1) The Executive Magistrate or District Superintendent of Police or Commissioner\nof Police shall, if the person arrested appears to be the person intended by the Court which\nissued the warrant, direct his removal in custody to such Court:\nProvided that, if the offence is bailable, and such person is ready and willing to give\nbail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner,\nor a direction has been endorsed under section 73 on the warrant and such person is ready\nand willing to give the security required by such direction, the Magistrate, District\nSuperintendent or Commissioner shall take such bail bond or security, as the case may be,\nand forward the bond, to the Court which issued the warrant:\nProvided further that if the offence is a non-bailable one, it shall be lawful for the Chief\nJudicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the\ndistrict in which the arrest is made on consideration of the information and the documents\nreferred to in sub-section (2) of section 80, to release such person on bail.\n(2) Nothing in this section shall be deemed to prevent a police officer from taking\nsecurity under section 73.\n\nProcedure by\nMagistrate\nbefore whom\nsuch person\narrested is\nbrought.\n\n\f24\nC.—Proclamation and attachment\nProclamation\nfor person\nabsconding.\n\n84. (1) If any Court has reason to believe (whether after taking evidence or not) that\nany person against whom a warrant has been issued by it has absconded or is concealing\nhimself so that such warrant cannot be executed, such Court may publish a written\nproclamation requiring him to appear at a specified place and at a specified time not less\nthan thirty days from the date of publishing such proclamation.\n(2) The proclamation shall be published as follows:—\n(i) (a) it shall be publicly read in some conspicuous place of the town or village\nin which such person ordinarily resides;\n(b) it shall be affixed to some conspicuous part of the house or homestead in\nwhich such person ordinarily resides or to some conspicuous place of such town or\nvillage;\n(c) a copy thereof shall be affixed to some conspicuous part of the\nCourt-house;\n(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be\npublished in a daily newspaper circulating in the place in which such person ordinarily\nresides.\n(3) A statement in writing by the Court issuing the proclamation to the effect that the\nproclamation was duly published on a specified day, in the manner specified in clause (i) of\nsub-section (2), shall be conclusive evidence that the requirements of this section have\nbeen complied with, and that the proclamation was published on such day.\n(4) Where a proclamation published under sub-section (1) is in respect of a person\naccused of an offence which is made punishable with imprisonment of ten years or more, or\nimprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any\nother law for the time being in force, and such person fails to appear at the specified place\nand time required by the proclamation, the Court may, after making such inquiry as it thinks\nfit, pronounce him a proclaimed offender and make a declaration to that effect.\n(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made\nby the Court under sub-section (4) as they apply to the proclamation published under\nsub-section (1).\n\nAttachment\nof property of\nperson\nabsconding.\n\n85. (1) The Court issuing a proclamation under section 84 may, for reasons to be\nrecorded in writing, at any time after the issue of the proclamation, order the attachment of\nany property, movable or immovable, or both, belonging to the proclaimed person:\nProvided that where at the time of the issue of the proclamation the Court is satisfied,\nby affidavit or otherwise, that the person in relation to whom the proclamation is to be\nissued,—\n(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the local\njurisdiction of the Court,\nit may order the attachment of property simultaneously with the issue of the proclamation.\n(2) Such order shall authorise the attachment of any property belonging to such\nperson within the district in which it is made; and it shall authorise the attachment of any\nproperty belonging to such person without such district when endorsed by the District\nMagistrate within whose district such property is situate.\n(3) If the property ordered to be attached is a debt or other movable property, the\nattachment under this section shall be made—\n(a) by seizure; or\n\n\f25\n(b) by the appointment of a receiver; or\n(c) by an order in writing prohibiting the delivery of such property to the\nproclaimed person or to any one on his behalf; or\n(d) by all or any two of such methods, as the Court thinks fit.\n(4) If the property ordered to be attached is immovable, the attachment under this\nsection shall, in the case of land paying revenue to the State Government, be made through\nthe Collector of the district in which the land is situate, and in all other cases—\n(a) by taking possession; or\n(b) by the appointment of a receiver; or\n(c) by an order in writing prohibiting the payment of rent on delivery of property\nto the proclaimed person or to any one on his behalf; or\n(d) by all or any two of such methods, as the Court thinks fit.\n(5) If the property ordered to be attached consists of live-stock or is of a perishable\nnature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case\nthe proceeds of the sale shall abide the order of the Court.\n5 of 1908.\n\n(6) The powers, duties and liabilities of a receiver appointed under this section shall\nbe the same as those of a receiver appointed under the Code of Civil Procedure, 1908.\n86. The Court may, on the written request from a police officer not below the rank of\nthe Superintendent of Police or Commissioner of Police, initiate the process of requesting\nassistance from a Court or an authority in the contracting State for identification, attachment\nand forfeiture of property belonging to a proclaimed person in accordance with the procedure\nprovided in Chapter VIII.\n\nIdentification\nand\nattachment of\nproperty of\nproclaimed\nperson.\n\n87. (1) If any claim is preferred to, or objection made to the attachment of, any Claims and\nproperty attached under section 85, within six months from the date of such attachment, by objections to\nany person other than the proclaimed person, on the ground that the claimant or objector attachment.\nhas an interest in such property, and that such interest is not liable to attachment under\nsection 85, the claim or objection shall be inquired into, and may be allowed or disallowed in\nwhole or in part:\nProvided that any claim preferred or objection made within the period allowed by this\nsub-section may, in the event of the death of the claimant or objector, be continued by his\nlegal representative.\n(2) Claims or objections under sub-section (1) may be preferred or made in the Court\nby which the order of attachment is issued, or, if the claim or objection is in respect of\nproperty attached under an order endorsed under sub-section (2) of section 85, in the Court\nof the Chief Judicial Magistrate of the district in which the attachment is made.\n(3) Every such claim or objection shall be inquired into by the Court in which it is\npreferred or made:\nProvided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he\nmay make it over for disposal to any Magistrate subordinate to him.\n(4) Any person whose claim or objection has been disallowed in whole or in part by an\norder under sub-section (1) may, within a period of one year from the date of such order,\ninstitute a suit to establish the right which he claims in respect of the property in dispute;\nbut subject to the result of such suit, if any, the order shall be conclusive.\n88. (1) If the proclaimed person appears within the time specified in the proclamation, Release, sale\nand\nthe Court shall make an order releasing the property from the attachment.\n\nrestoration of\n\n(2) If the proclaimed person does not appear within the time specified in the attached\nproclamation, the property under the attachment shall be at the disposal of the State property.\n\n\f26\nGovernment; but it shall not be sold until the expiration of six months from the date of the\nattachment and until any claim preferred or objection made under section 87 has been\ndisposed of under that section, unless it is subject to speedy and natural decay, or the\nCourt considers that the sale would be for the benefit of the owner; in either of which cases\nthe Court may cause it to be sold whenever it thinks fit.\n(3) If, within two years from the date of the attachment, any person whose property is\nor has been at the disposal of the State Government under sub-section (2), appears voluntarily\nor is apprehended and brought before the Court by whose order the property was attached,\nor the Court to which such Court is subordinate, and proves to the satisfaction of such\nCourt that he did not abscond or conceal himself for the purpose of avoiding execution of\nthe warrant, and that he had not such notice of the proclamation as to enable him to attend\nwithin the time specified therein, such property, or, if the same has been sold, the net\nproceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and\nthe residue of the property, shall, after satisfying therefrom all costs incurred in consequence\nof the attachment, be delivered to him.\nAppeal from\norder rejecting\napplication\nfor restoration\nof attached\nproperty.\n\n89. Any person referred to in sub-section (3) of section 88, who is aggrieved by any\nrefusal to deliver property or the proceeds of the sale thereof may appeal to the Court to\nwhich appeals ordinarily lie from the sentences of the first-mentioned Court.\n\nD.—Other rules regarding processes\nIssue of\nwarrant in lieu\nof, or in\naddition to,\nsummons.\n\n90. A Court may, in any case in which it is empowered by this Sanhita to issue a\nsummons for the appearance of any person, issue, after recording its reasons in writing, a\nwarrant for his arrest—\n(a) if, either before the issue of such summons, or after the issue of the same but\nbefore the time fixed for his appearance, the Court sees reason to believe that he has\nabsconded or will not obey the summons; or\n(b) if at such time he fails to appear and the summons is proved to have been\nduly served in time to admit of his appearing in accordance therewith and no reasonable\nexcuse is offered for such failure.\n\nPower to take\nbond or bail\nbond for\nappearance.\n\n91. When any person for whose appearance or arrest the officer presiding in any\nCourt is empowered to issue a summons or warrant, is present in such Court, such officer\nmay require such person to execute a bond or bail bond for his appearance in such Court, or\nany other Court to which the case may be transferred for trial.\n\nArrest on\nbreach of bond\nor bail bond\nfor\nappearance.\n\n92. When any person who is bound by any bond or bail bond taken under this\nSanhita to appear before a Court, does not appear, the officer presiding in such Court may\nissue a warrant directing that such person be arrested and produced before him.\n\nProvisions of\nthis Chapter\ngenerally\napplicable to\nsummons and\nwarrants of\narrest.\n\n93. The provisions contained in this Chapter relating to summons and warrant, and\ntheir issue, service and execution, shall, so far as may be, apply to every summons and\nevery warrant of arrest issued under this Sanhita.\nCHAPTER VII\nPROCESSES TO COMPEL THE PRODUCTION OF THINGS\nA.—Summons to produce\n\nSummons to\nproduce\ndocument or\nother thing.\n\n94. (1) Whenever any Court or any officer in charge of a police station considers that\nthe production of any document, electronic communication, including communication\ndevices, which is likely to contain digital evidence or other thing is necessary or desirable\nfor the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita\n\n\f27\nby or before such Court or officer, such Court may issue a summons or such officer may, by\na written order, either in physical form or in electronic form, require the person in whose\npossession or power such document or thing is believed to be, to attend and produce it, or\nto produce it, at the time and place stated in the summons or order.\n(2) Any person required under this section merely to produce a document, or other\nthing shall be deemed to have complied with the requisition if he causes such document or\nthing to be produced instead of attending personally to produce the same.\n(3) Nothing in this section shall be deemed—\n13 of 1891.\n\n(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or\nthe Bankers' Books Evidence Act, 1891; or\n(b) to apply to a letter, postcard, or other document or any parcel or thing in the\ncustody of the postal authority.\n95. (1) If any document, parcel or thing in the custody of a postal authority is, in the Procedure as\nopinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court to letters.\nwanted for the purpose of any investigation, inquiry, trial or other proceeding under this\nSanhita, such Magistrate or Court may require the postal authority to deliver the document,\nparcel or thing to such person as the Magistrate or Court directs.\n(2) If any such document, parcel or thing is, in the opinion of any other Magistrate,\nwhether Executive or Judicial, or of any Commissioner of Police or District Superintendent\nof Police, wanted for any such purpose, he may require the postal authority to cause search\nto be made for and to detain such document, parcel or thing pending the order of a District\nMagistrate, Chief Judicial Magistrate or Court under sub-section (1).\nB.—Search-warrants\n96. (1) Where—\n(a) any Court has reason to believe that a person to whom a summons order\nunder section 94 or a requisition under sub-section (1) of section 95 has been, or\nmight be, addressed, will not or would not produce the document or thing as required\nby such summons or requisition; or\n\nWhen searchwarrant may\nbe issued.\n\n(b) such document or thing is not known to the Court to be in the possession of\nany person; or\n(c) the Court considers that the purposes of any inquiry, trial or other proceeding\nunder this Sanhita will be served by a general search or inspection,\nit may issue a search-warrant; and the person to whom such warrant is directed, may search\nor inspect in accordance therewith and the provisions hereinafter contained.\n(2) The Court may, if it thinks fit, specify in the warrant the particular place or part\nthereof to which only the search or inspection shall extend; and the person charged with\nthe execution of such warrant shall then search or inspect only the place or part so specified.\n(3) Nothing contained in this section shall authorise any Magistrate other than a\nDistrict Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document,\nparcel or other thing in the custody of the postal authority.\n97. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first\nclass, upon information and after such inquiry as he thinks necessary, has reason to believe\nthat any place is used for the deposit or sale of stolen property, or for the deposit, sale or\nproduction of any objectionable article to which this section applies, or that any such\nobjectionable article is deposited in any place, he may by warrant authorise any police\nofficer above the rank of a constable—\n(a) to enter, with such assistance as may be required, such place;\n(b) to search the same in the manner specified in the warrant;\n\nSearch of\nplace\nsuspected to\ncontain stolen\nproperty,\nforged\ndocuments,\netc.\n\n\f28\n(c) to take possession of any property or article therein found which he\nreasonably suspects to be stolen property or objectionable article to which this\nsection applies;\n(d) to convey such property or article before a Magistrate, or to guard the same\non the spot until the offender is taken before a Magistrate, or otherwise to dispose of\nit in some place of safety;\n(e) to take into custody and carry before a Magistrate every person found in\nsuch place who appears to have been privy to the deposit, sale or production of any\nsuch property or article knowing or having reasonable cause to suspect it to be\nstolen property or, as the case may be, objectionable article to which this section\napplies.\n(2) The objectionable articles to which this section applies are—\n(a) counterfeit coin;\n(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought\ninto India in contravention of any notification for the time being in force issued under\nsection 11 of the Customs Act, 1962;\n\n11 of 2011.\n52 of 1962.\n\n(c) counterfeit currency note; counterfeit stamps;\n(d) forged documents;\n(e) false seals;\n(f) obscene objects referred to in section 294 of the Bharatiya Nyaya\nSanhita, 2023;\n(g) instruments or materials used for the production of any of the articles\nmentioned in clauses (a) to (f).\nPower to\ndeclare certain\npublications\nforfeited and\nto issue\nsearchwarrants for\nsame.\n\n98. (1) Where—\n(a) any newspaper, or book; or\n(b) any document,\nwherever printed, appears to the State Government to contain any matter the publication\nof which is punishable under section 152 or section 196 or section 197 or section 294 or\nsection 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may,\nby notification, stating the grounds of its opinion, declare every copy of the issue of the\nnewspaper containing such matter, and every copy of such book or other document to be\nforfeited to Government, and thereupon any police officer may seize the same wherever\nfound in India and any Magistrate may by warrant authorise any police officer not below\nthe rank of sub-inspector to enter upon and search for the same in any premises where any\ncopy of such issue, or any such book or other document may be or may be reasonably\nsuspected to be.\n(2) In this section and in section 99,—\n(a) \"newspaper\" and \"book\" have the same meanings as in the Press and\n25 of 1867.\nRegistration of Books Act, 1867;\n(b) \"document\" includes any painting, drawing or photograph, or other visible\nrepresentation.\n(3) No order passed or action taken under this section shall be called in question in\nany Court otherwise than in accordance with the provisions of section 99.\n\nApplication to\nHigh Court to\nset aside\ndeclaration of\nforfeiture.\n\n99. (1) Any person having any interest in any newspaper, book or other document, in\nrespect of which a declaration of forfeiture has been made under section 98, may, within two\nmonths from the date of publication in the Official Gazette of such declaration, apply to the\nHigh Court to set aside such declaration on the ground that the issue of the newspaper, or\n\n\f29\nthe book or other document, in respect of which the declaration was made, did not contain\nany such matter as is referred to in sub-section (1) of section 98.\n(2) Every such application shall, where the High Court consists of three or more\nJudges, be heard and determined by a Special Bench of the High Court composed of three\nJudges and where the High Court consists of less than three Judges, such Special Bench\nshall be composed of all the Judges of that High Court.\n(3) On the hearing of any such application with reference to any newspaper, any copy\nof such newspaper may be given in evidence in aid of the proof of the nature or tendency\nof the words, signs or visible representations contained in such newspaper, in respect of\nwhich the declaration of forfeiture was made.\n(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the\nbook or other document, in respect of which the application has been made, contained any\nsuch matter as is referred to in sub-section (1) of section 98, set aside the declaration of\nforfeiture.\n(5) Where there is a difference of opinion among the Judges forming the Special\nBench, the decision shall be in accordance with the opinion of the majority of those Judges.\n100. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first\nclass has reason to believe that any person is confined under such circumstances that the\nconfinement amounts to an offence, he may issue a search-warrant, and the person to\nwhom such warrant is directed may search for the person so confined; and such search\nshall be made in accordance therewith, and the person, if found, shall be immediately taken\nbefore a Magistrate, who shall make such order as in the circumstances of the case seems\nproper.\n\nSearch for\npersons\nwrongfully\nconfined.\n\n101. Upon complaint made on oath of the abduction or unlawful detention of a\nwoman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional\nMagistrate or Magistrate of the first class may make an order for the immediate restoration\nof such woman to her liberty, or of such female child to her parent, guardian or other person\nhaving the lawful charge of such child, and may compel compliance with such order, using\nsuch force as may be necessary.\n\nPower to\ncompel\nrestoration of\nabducted\nfemales.\n\nC.—General provisions relating to searches\n102. The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, Direction,\napply to all search-warrants issued under section 96, section 97, section 98 or section 100. etc., of\nsearchwarrants.\n\n103. (1) Whenever any place liable to search or inspection under this Chapter is\nclosed, any person residing in, or being in charge of, such place, shall, on demand of the\nofficer or other person executing the warrant, and on production of the warrant, allow him\nfree ingress thereto, and afford all reasonable facilities for a search therein.\n(2) If ingress into such place cannot be so obtained, the officer or other person\nexecuting the warrant may proceed in the manner provided by sub-section (2) of section 44.\n(3) Where any person in or about such place is reasonably suspected of concealing\nabout his person any article for which search should be made, such person may be searched\nand if such person is a woman, the search shall be made by another woman with strict\nregard to decency.\n(4) Before making a search under this Chapter, the officer or other person about to\nmake it shall call upon two or more independent and respectable inhabitants of the locality\nin which the place to be searched is situate or of any other locality if no such inhabitant of\nthe said locality is available or is willing to be a witness to the search, to attend and witness\nthe search and may issue an order in writing to them or any of them so to do.\n(5) The search shall be made in their presence, and a list of all things seized in the\ncourse of such search and of the places in which they are respectively found shall be\n\nPersons in\ncharge of\nclosed place to\nallow search.\n\n\f30\nprepared by such officer or other person and signed by such witnesses; but no person\nwitnessing a search under this section shall be required to attend the Court as a witness of\nthe search unless specially summoned by it.\n(6) The occupant of the place searched, or some person in his behalf, shall, in every\ninstance, be permitted to attend during the search, and a copy of the list prepared under this\nsection, signed by the said witnesses, shall be delivered to such occupant or person.\n(7) When any person is searched under sub-section (3), a list of all things taken\npossession of shall be prepared, and a copy thereof shall be delivered to such person.\n(8) Any person who, without reasonable cause, refuses or neglects to attend and\nwitness a search under this section, when called upon to do so by an order in writing\ndelivered or tendered to him, shall be deemed to have committed an offence under\nsection 222 of the Bharatiya Nyaya Sanhita, 2023.\nDisposal of\nthings found\nin search\nbeyond\njurisdiction.\n\n104. When, in the execution of a search-warrant at any place beyond the local\njurisdiction of the Court which issued the same, any of the things for which search is made,\nare found, such things, together with the list of the same prepared under the provisions\nhereinafter contained, shall be immediately taken before the Court issuing the warrant,\nunless such place is nearer to the Magistrate having jurisdiction therein than to such Court,\nin which case the list and things shall be immediately taken before such Magistrate; and,\nunless there be good cause to the contrary, such Magistrate shall make an order authorising\nthem to be taken to such Court.\nD.—Miscellaneous\n\nRecording of\nsearch and\nseizure\nthrough audiovideo\nelectronic\nmeans.\n\n105. The process of conducting search of a place or taking possession of any property,\narticle or thing under this Chapter or under section 185, including preparation of the list of\nall things seized in the course of such search and seizure and signing of such list by\nwitnesses, shall be recorded through any audio-video electronic means preferably mobile\nphone and the police officer shall without delay forward such recording to the District\nMagistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.\n\nPower of\npolice officer\nto seize\ncertain\nproperty.\n\n106. (1) Any police officer may seize any property which may be alleged or suspected\nto have been stolen, or which may be found under circumstances which create suspicion of\nthe commission of any offence.\n(2) Such police officer, if subordinate to the officer in charge of a police station, shall\nforthwith report the seizure to that officer.\n(3) Every police officer acting under sub-section (1) shall forthwith report the seizure\nto the Magistrate having jurisdiction and where the property seized is such that it cannot be\nconveniently transported to the Court, or where there is difficulty in securing proper\naccommodation for the custody of such property, or where the continued retention of the\nproperty in police custody may not be considered necessary for the purpose of investigation,\nhe may give custody thereof to any person on his executing a bond undertaking to produce\nthe property before the Court as and when required and to give effect to the further orders\nof the Court as to the disposal of the same:\nProvided that where the property seized under sub-section (1) is subject to speedy\nand natural decay and if the person entitled to the possession of such property is unknown\nor absent and the value of such property is less than five hundred rupees, it may forthwith\nbe sold by auction under the orders of the Superintendent of Police and the provisions of\nsections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of\nsuch sale.\n\nAttachment,\nforfeiture or\nrestoration of\nproperty.\n\n107. (1) Where a police officer making an investigation has reason to believe that any\nproperty is derived or obtained, directly or indirectly, as a result of a criminal activity or from\nthe commission of any offence, he may, with the approval of the Superintendent of Police or\nCommissioner of Police, make an application to the Court or the Magistrate exercising\n\n\f31\njurisdiction to take cognizance of the offence or commit for trial or try the case, for the\nattachment of such property.\n(2) If the Court or the Magistrate has reasons to believe, whether before or after\ntaking evidence, that all or any of such properties are proceeds of crime, the Court or the\nMagistrate may issue a notice upon such person calling upon him to show cause within a\nperiod of fourteen days as to why an order of attachment shall not be made.\n(3) Where the notice issued to any person under sub-section (2) specifies any property\nas being held by any other person on behalf of such person, a copy of the notice shall also\nbe served upon such other person.\n(4) The Court or the Magistrate may, after considering the explanation, if any, to the\nshow-cause notice issued under sub-section (2) and the material fact available before such\nCourt or Magistrate and after giving a reasonable opportunity of being heard to such\nperson or persons, may pass an order of attachment, in respect of those properties which\nare found to be the proceeds of crime:\nProvided that if such person does not appear before the Court or the Magistrate or\nrepresent his case before the Court or Magistrate within a period of fourteen days specified\nin the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte\norder.\n(5) Notwithstanding anything contained in sub-section (2), if the Court or the\nMagistrate is of the opinion that issuance of notice under the said sub-section would\ndefeat the object of attachment or seizure, the Court or Magistrate may by an interim order\npassed ex parte direct attachment or seizure of such property, and such order shall remain\nin force till an order under sub-section (6) is passed.\n(6) If the Court or the Magistrate finds the attached or seized properties to be\nthe proceeds of crime, the Court or the Magistrate shall by order direct the District\nMagistrate to rateably distribute such proceeds of crime to the persons who are affected by\nsuch crime.\n(7) On receipt of an order passed under sub-section (6), the District Magistrate shall,\nwithin a period of sixty days distribute the proceeds of crime either by himself or authorise\nany officer subordinate to him to effect such distribution.\n(8) If there are no claimants to receive such proceeds or no claimant is ascertainable\nor there is any surplus after satisfying the claimants, such proceeds of crime shall stand\nforfeited to the Government.\n108. Any Magistrate may direct a search to be made in his presence of any place for Magistrate\nmay direct\nthe search of which he is competent to issue a search-warrant.\n\nsearch in his\npresence.\n\n109. Any Court may, if it thinks fit, impound any document or thing produced before Power to\nimpound\nit under this Sanhita.\n\ndocument,\netc., produced.\n\n110. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this Reciprocal\narrangements\nsection referred to as the said territories) desires that—\n(a) a summons to an accused person; or\n(b) a warrant for the arrest of an accused person; or\n(c) a summons to any person requiring him to attend and produce a document\nor other thing, or to produce it; or\n\nregarding\nprocesses.\n\n\f32\n(d) a search-warrant,\nissued by it shall be served or executed at any place,—\n(i) within the local jurisdiction of a Court in any State or area in India outside the\nsaid territories, it may send such summons or warrant in duplicate by post or otherwise,\nto the presiding officer of that Court to be served or executed; and where any summons\nreferred to in clause (a) or clause (c) has been so served, the provisions of section 70\nshall apply in relation to such summons as if the presiding officer of the Court to\nwhom it is sent were a Magistrate in the said territories;\n(ii) in any country or place outside India in respect of which arrangements have\nbeen made by the Central Government with the Government of such country or place\nfor service or execution of summons or warrant in relation to criminal matters (hereafter\nin this section referred to as the contracting State), it may send such summons or\nwarrant in duplicate in such form, directed to such Court, Judge or Magistrate, and\nsend to such authority for transmission, as the Central Government may, by\nnotification, specify in this behalf.\n(2) Where a Court in the said territories has received for service or execution—\n(a) a summons to an accused person; or\n(b) a warrant for the arrest of an accused person; or\n(c) a summons to any person requiring him to attend and produce a document\nor other thing, or to produce it; or\n(d) a search-warrant,\nissued by—\n(I) a Court in any State or area in India outside the said territories;\n(II) a Court, Judge or Magistrate in a contracting State,\nit shall cause the same to be served or executed as if it were a summons or warrant received\nby it from another Court in the said territories for service or execution within its local\njurisdiction; and where—\n(i) a warrant of arrest has been executed, the person arrested shall, so far as\npossible, be dealt with in accordance with the procedure specified by sections 82 and 83;\n(ii) a search-warrant has been executed, the things found in the search shall, so\nfar as possible, be dealt with in accordance with the procedure specified by\nsection 104:\nProvided that in a case where a summons or search-warrant received from a contracting\nState has been executed, the documents or things produced or things found in the search\nshall be forwarded to the Court issuing the summons or search-warrant through such\nauthority as the Central Government may, by notification, specify in this behalf.\nCHAPTER VIII\nRECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR\nATTACHMENT AND FORFEITURE OF PROPERTY\n\nDefinitions.\n\n111. In this Chapter, unless the context otherwise requires,—\n(a) \"contracting State\" means any country or place outside India in respect of\nwhich arrangements have been made by the Central Government with the Government\nof such country through a treaty or otherwise;\n(b) \"identifying\" includes establishment of a proof that the property was derived\nfrom, or used in, the commission of an offence;\n\n\f33\n(c) \"proceeds of crime\" means any property derived or obtained directly or\nindirectly, by any person as a result of criminal activity (including crime involving\ncurrency transfers) or the value of any such property;\n(d) \"property\" means property and assets of every description whether corporeal\nor incorporeal, movable or immovable, tangible or intangible and deeds and instruments\nevidencing title to, or interest in, such property or assets derived or used in the\ncommission of an offence and includes property obtained through proceeds of crime;\n(e) \"tracing\" means determining the nature, source, disposition, movement,\ntitle or ownership of property.\n112. (1) If, in the course of an investigation into an offence, an application is made by\nthe investigating officer or any officer superior in rank to the investigating officer that\nevidence may be available in a country or place outside India, any Criminal Court may issue\na letter of request to a Court or an authority in that country or place competent to deal with\nsuch request to examine orally any person supposed to be acquainted with the facts and\ncircumstances of the case and to record his statement made in the course of such examination\nand also to require such person or any other person to produce any document or thing\nwhich may be in his possession pertaining to the case and to forward all the evidence so\ntaken or collected or the authenticated copies thereof or the thing so collected to the Court\nissuing such letter.\n\nLetter of\nrequest to\ncompetent\nauthority for\ninvestigation\nin a country\nor place\noutside India.\n\n(2) The letter of request shall be transmitted in such manner as the Central Government\nmay specify in this behalf.\n(3) Every statement recorded or document or thing received under sub-section (1)\nshall be deemed to be the evidence collected during the course of investigation under this\nSanhita.\n113. (1) Upon receipt of a letter of request from a Court or an authority in a country or\nplace outside India competent to issue such letter in that country or place for the examination\nof any person or production of any document or thing in relation to an offence under\ninvestigation in that country or place, the Central Government may, if it thinks fit—\n(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he\nmay appoint in this behalf, who shall thereupon summon the person before him and\nrecord his statement or cause the document or thing to be produced; or\n\nLetter of\nrequest from a\ncountry or\nplace outside\nIndia to a\nCourt or an\nauthority for\ninvestigation\nin India.\n\n(ii) send the letter to any police officer for investigation, who shall thereupon\ninvestigate into the offence in the same manner,\nas if the offence had been committed within India.\n(2) All the evidence taken or collected under sub-section (1), or authenticated copies\nthereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as\nthe case may be, to the Central Government for transmission to the Court or the authority\nissuing the letter of request, in such manner as the Central Government may deem fit.\n114. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant\nfor arrest of any person to attend or produce a document or other thing issued by it shall be\nexecuted in any place in a contracting State, it shall send such warrant in duplicate in such\nform to such Court, Judge or Magistrate through such authority, as the Central Government\nmay, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case\nmay be, shall cause the same to be executed.\n(2) If , in the course of an investigation or any inquiry into an offence, an application\nis made by the investigating officer or any officer superior in rank to the investigating\nofficer that the attendance of a person who is in any place in a contracting State is required\nin connection with such investigation or inquiry and the Court is satisfied that such\nattendance is so required, it shall issue a summons or warrant, in duplicate, against the said\n\nAssistance in\nsecuring\ntransfer of\npersons.\n\n\f34\nperson to such Court, Judge or Magistrate, in such form as the Central Government may, by\nnotification, specify in this behalf, to cause the same to be served or executed.\n(3) Where a Court in India, in relation to a criminal matter, has received a warrant for\narrest of any person requiring him to attend or attend and produce a document or other\nthing in that Court or before any other investigating agency, issued by a Court, Judge or\nMagistrate in a contracting State, the same shall be executed as if it is the warrant received\nby it from another Court in India for execution within its local limits.\n(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a\nprisoner in India, the Court in India or the Central Government may impose such conditions\nas that Court or Government deems fit.\n(5) Where the person transferred to India pursuant to sub-section (1) or\nsub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the\nconditions subject to which the prisoner is transferred to India are complied with and such\nprisoner shall be kept in such custody subject to such conditions as the Central Government\nmay direct in writing.\nAssistance in\nrelation to\norders of\nattachment or\nforfeiture of\nproperty.\n\n115. (1) Where a Court in India has reasonable grounds to believe that any property\nobtained by any person is derived or obtained, directly or indirectly, by such person from\nthe commission of an offence, it may make an order of attachment or forfeiture of such\nproperty, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).\n(2) Where the Court has made an order for attachment or forfeiture of any property\nunder sub-section (1), and such property is suspected to be in a contracting State, the\nCourt may issue a letter of request to a Court or an authority in the contracting State for\nexecution of such order.\n(3) Where a letter of request is received by the Central Government from a Court or an\nauthority in a contracting State requesting attachment or forfeiture of the property in India,\nderived or obtained, directly or indirectly, by any person from the commission of an offence\ncommitted in that contracting State, the Central Government may forward such letter of\nrequest to the Court, as it thinks fit, for execution in accordance with the provisions of\nsections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being\nin force.\n\nIdentifying\nunlawfully\nacquired\nproperty.\n\n116. (1) The Court shall, under sub-section (1), or on receipt of a letter of request\nunder sub-section (3) of section 115, direct any police officer not below the rank of\nSub-Inspector of Police to take all steps necessary for tracing and identifying such property.\n(2) The steps referred to in sub-section (1) may include any inquiry, investigation or\nsurvey in respect of any person, place, property, assets, documents, books of account in\nany bank or public financial institutions or any other relevant matters.\n(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried\nout by an officer mentioned in sub-section (1) in accordance with such directions issued by\nthe said Court in this behalf.\n\nSeizure or\nattachment of\nproperty.\n\n117. (1) Where any officer conducting an inquiry or investigation under section 116\nhas a reason to believe that any property in relation to which such inquiry or investigation\nis being conducted is likely to be concealed, transferred or dealt with in any manner which\nwill result in disposal of such property, he may make an order for seizing such property and\nwhere it is not practicable to seize such property, he may make an order of attachment\ndirecting that such property shall not be transferred or otherwise dealt with, except with the\nprior permission of the officer making such order, and a copy of such order shall be served\non the person concerned.\n(2) Any order made under sub-section (1) shall have no effect unless the said order is\nconfirmed by an order of the said Court, within a period of thirty days of its being made.\n\n\f35\n118. (1) The Court may appoint the District Magistrate of the area where the property\nis situated, or any other officer that may be nominated by the District Magistrate, to perform\nthe functions of an Administrator of such property.\n(2) The Administrator appointed under sub-section (1) shall receive and manage the\nproperty in relation to which the order has been made under sub-section (1) of section 117\nor under section 120 in such manner and subject to such conditions as may be specified by\nthe Central Government.\n\nManagement\nof properties\nseized or\nforfeited under\nthis Chapter.\n\n(3) The Administrator shall also take such measures, as the Central Government may\ndirect, to dispose of the property which is forfeited to the Central Government.\n119. (1) If as a result of the inquiry, investigation or survey under section 116, the Notice of\nCourt has reason to believe that all or any of such properties are proceeds of crime, it may forfeiture of\nproperty.\nserve a notice upon such person (hereinafter referred to as the person affected) calling\nupon him within a period of thirty days specified in the notice to indicate the source of\nincome, earnings or assets, out of which or by means of which he has acquired such\nproperty, the evidence on which he relies and other relevant information and particulars,\nand to show cause why all or any of such properties, as the case may be, should not be\ndeclared to be proceeds of crime and forfeited to the Central Government.\n(2) Where a notice under sub-section (1) to any person specifies any property as\nbeing held on behalf of such person by any other person, a copy of the notice shall also be\nserved upon such other person.\n120. (1) The Court may, after considering the explanation, if any, to the show-cause Forfeiture of\nnotice issued under section 119 and the material available before it and after giving to the property in\nperson affected (and in a case where the person affected holds any property specified in the certain cases.\nnotice through any other person, to such other person also) a reasonable opportunity of\nbeing heard, by order, record a finding whether all or any of the properties in question are\nproceeds of crime:\nProvided that if the person affected (and in a case where the person affected holds\nany property specified in the notice through any other person such other person also) does\nnot appear before the Court or represent his case before it within a period of thirty days\nspecified in the show-cause notice, the Court may proceed to record a finding under this\nsub-section ex parte on the basis of evidence available before it.\n(2) Where the Court is satisfied that some of the properties referred to in the\nshow-cause notice are proceeds of crime but it is not possible to identify specifically such\nproperties, then, it shall be lawful for the Court to specify the properties which, to the\nbest of its judgment, are proceeds of crime and record a finding accordingly under\nsub-section (1).\n(3) Where the Court records a finding under this section to the effect that any property\nis proceeds of crime, such property shall stand forfeited to the Central Government free\nfrom all encumbrances.\n\n18 of 2013.\n\n(4) Where any shares in a company stand forfeited to the Central Government under\nthis section, then, the company shall, notwithstanding anything contained in the Companies\nAct, 2013 or the Articles of Association of the company, forthwith register the Central\nGovernment as the transferee of such shares.\n121. (1) Where the Court makes a declaration that any property stands forfeited to Fine in lieu of\nthe Central Government under section 120 and it is a case where the source of only a part of forfeiture.\nsuch property has not been proved to the satisfaction of the Court, it shall make an order\ngiving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market\nvalue of such part.\n(2) Before making an order imposing a fine under sub-section (1), the person affected\nshall be given a reasonable opportunity of being heard.\n\n\f36\n(3) Where the person affected pays the fine due under sub-section (1), within such\ntime as may be allowed in that behalf, the Court may, by order, revoke the declaration of\nforfeiture under section 120 and thereupon such property shall stand released.\nCertain\ntransfers to be\nnull and void.\n\n122. Where after the making of an order under sub-section (1) of section 117 or the\nissue of a notice under section 119, any property referred to in the said order or notice is\ntransferred by any mode whatsoever such transfers shall, for the purposes of the\nproceedings under this Chapter, be ignored and if such property is subsequently forfeited\nto the Central Government under section 120, then, the transfer of such property shall be\ndeemed to be null and void.\n\nProcedure in\nrespect of\nletter of\nrequest.\n\n123. Every letter of request, summons or warrant, received by the Central Government\nfrom, and every letter of request, summons or warrant, to be transmitted to a contracting\nState under this Chapter shall be transmitted to a contracting State or, as the case may be,\nsent to the concerned Court in India in such form and in such manner as the Central\nGovernment may, by notification, specify in this behalf.\n\nApplication of\nthis Chapter.\n\n124. The Central Government may, by notification in the Official Gazette, direct that\nthe application of this Chapter in relation to a contracting State with which reciprocal\narrangements have been made, shall be subject to such conditions, exceptions or\nqualifications as are specified in the said notification.\nCHAPTER IX\nSECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR\n\nSecurity for\nkeeping peace\non conviction.\n\n125. (1) When a Court of Session or Court of a Magistrate of the first class convicts\na person of any of the offences specified in sub-section (2) or of abetting any such offence\nand is of opinion that it is necessary to take security from such person for keeping the\npeace, the Court may, at the time of passing sentence on such person, order him to execute\na bond or bail bond, for keeping the peace for such period, not exceeding three years, as it\nthinks fit.\n(2) The offences referred to in sub-section (1) are—\n(a) any offence punishable under Chapter XI of the Bharatiya Nyaya\nSanhita, 2023, other than an offence punishable under sub-section (1) of section 193\nor section 196 or section 197 thereof;\n(b) any offence which consists of, or includes, assault or using criminal force or\ncommitting mischief;\n(c) any offence of criminal intimidation;\n(d) any other offence which caused, or was intended or known to be likely to\ncause, a breach of the peace.\n(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so\nexecuted shall become void.\n(4) An order under this section may also be made by an Appellate Court or by a Court\nwhen exercising its powers of revision.\n\nSecurity for\nkeeping peace\nin other cases.\n\n126. (1) When an Executive Magistrate receives information that any person is likely\nto commit a breach of the peace or disturb the public tranquillity or to do any wrongful act\nthat may probably occasion a breach of the peace or disturb the public tranquillity and is of\nopinion that there is sufficient ground for proceeding, he may, in the manner hereinafter\nprovided, require such person to show cause why he should not be ordered to execute a\nbond or bail bond for keeping the peace for such period, not exceeding one year, as the\nMagistrate thinks fit.\n(2) Proceedings under this section may be taken before any Executive Magistrate\nwhen either the place where the breach of the peace or disturbance is apprehended is within\n\n\f37\nhis local jurisdiction or there is within such jurisdiction a person who is likely to commit a\nbreach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid\nbeyond such jurisdiction.\n127. (1) When an Executive Magistrate receives information that there is within his Security for\ngood\nlocal jurisdiction any person who, within or without such jurisdiction,—\nbehaviour\n\n(i) either orally or in writing or in any other manner, intentionally disseminates from persons\ndisseminating\nor attempts to disseminate or abets the dissemination of,—\ncertain\n\n(a) any matter the publication of which is punishable under section 152 or matters.\nsection 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or\n(b) any matter concerning a Judge acting or purporting to act in the\ndischarge of his official duties which amounts to criminal intimidation or\ndefamation under the Bharatiya Nyaya Sanhita, 2023;\n(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys,\nsells, lets to hire, distributes, publicly exhibits or in any other manner puts into\ncirculation any obscene matter such as is referred to in section 294 of the Bharatiya\nNyaya Sanhita, 2023,\nand the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate\nmay, in the manner hereinafter provided, require such person to show cause why he should\nnot be ordered to execute a bond or bail bond, for his good behaviour for such period, not\nexceeding one year, as the Magistrate thinks fit.\n\n25 of 1867.\n\n(2) No proceedings shall be taken under this section against the editor, proprietor,\nprinter or publisher of any publication registered under, and edited, printed and published\nin conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with\nreference to any matter contained in such publication except by the order or under the\nauthority of the State Government or some officer empowered by the State Government in\nthis behalf.\n128. When an Executive Magistrate receives information that there is within his local\njurisdiction a person taking precautions to conceal his presence and that there is reason to\nbelieve that he is doing so with a view to committing a cognizable offence, the Magistrate\nmay, in the manner hereinafter provided, require such person to show cause why he should\nnot be ordered to execute a bond or bail bond for his good behaviour for such period, not\nexceeding one year, as the Magistrate thinks fit.\n\nSecurity for\ngood\nbehaviour\nfrom\nsuspected\npersons.\n\n129. When an Executive Magistrate receives information that there is within his local Security for\ngood\njurisdiction a person who—\n(a) is by habit a robber, house-breaker, thief, or forger; or\n(b) is by habit a receiver of stolen property knowing the same to have been\nstolen; or\n(c) habitually protects or harbours thieves, or aids in the concealment or disposal\nof stolen property; or\n(d) habitually commits, or attempts to commit, or abets the commission of, the\noffence of kidnapping, abduction, extortion, cheating or mischief, or any offence\npunishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under\nsection 178, section 179, section 180 or section 181 of that Sanhita; or\n(e) habitually commits, or attempts to commit, or abets the commission of,\noffences, involving a breach of the peace; or\n(f) habitually commits, or attempts to commit, or abets the commission of—\n\nbehaviour\nfrom habitual\noffenders.\n\n\f38\n(i) any offence under one or more of the following Acts, namely:—\n(a) the Drugs and Cosmetics Act, 1940;\n\n23 of 1940.\n\n(b) the Foreigners Act, 1946;\n\n31 of 1946.\n\n(c) the Employees' Provident Fund and Miscellaneous Provisions\nAct, 1952;\n\n19 of 1952.\n\n(d) the Essential Commodities Act, 1955;\n\n10 of 1955.\n\n(e) the Protection of Civil Rights Act, 1955;\n\n22 of 1955.\n\n(f) the Customs Act, 1962;\n\n52 of 1962.\n\n(g) the Food Safety and Standards Act, 2006; or\n\n34 of 2006.\n\n(ii) any offence punishable under any other law providing for the\nprevention of hoarding or profiteering or of adulteration of food or drugs or of\ncorruption; or\n(g) is so desperate and dangerous as to render his being at large without\nsecurity hazardous to the community,\nsuch Magistrate may, in the manner hereinafter provided, require such person to show\ncause why he should not be ordered to execute a bail bond, for his good behaviour for such\nperiod, not exceeding three years, as the Magistrate thinks fit.\nOrder to be\nmade.\n\n130. When a Magistrate acting under section 126, section 127, section 128 or\nsection 129, deems it necessary to require any person to show cause under such section, he\nshall make an order in writing, setting forth the substance of the information received, the\namount of the bond to be executed, the term for which it is to be in force and the number of\nsureties, after considering the sufficiency and fitness of sureties.\n\nProcedure in\nrespect of\nperson present\nin Court.\n\n131. If the person in respect of whom such order is made is present in Court, it shall\nbe read over to him, or, if he so desires, the substance thereof shall be explained to him.\n\nSummons or\nwarrant in\ncase of person\nnot so\npresent.\n\n132. If such person is not present in Court, the Magistrate shall issue a summons\nrequiring him to appear, or, when such person is in custody, a warrant directing the officer\nin whose custody he is to bring him before the Court:\n\nCopy of order\nto accompany\nsummons or\nwarrant.\n\n133. Every summons or warrant issued under section 132 shall be accompanied by a\ncopy of the order made under section 130, and such copy shall be delivered by the officer\nserving or executing such summons or warrant to the person served with, or arrested under,\nthe same.\n\nPower to\ndispense with\npersonal\nattendance.\n\n134. The Magistrate may, if he sees sufficient cause, dispense with the personal\nattendance of any person called upon to show cause why he should not be ordered to\nexecute a bond for keeping the peace or for good behaviour and may permit him to appear\nby an advocate.\n\nInquiry as to\ntruth of\ninformation.\n\n135. (1) When an order under section 130 has been read or explained under\nsection 131 to a person present in Court, or when any person appears or is brought before\na Magistrate in compliance with, or in execution of, a summons or warrant, issued under\nsection 132, the Magistrate shall proceed to inquire into the truth of the information upon\nwhich action has been taken, and to take such further evidence as may appear necessary.\n\nProvided that whenever it appears to such Magistrate, upon the report of a police\nofficer or upon other information (the substance of which report or information shall be\nrecorded by the Magistrate), that there is reason to fear the commission of a breach of the\npeace, and that such breach of the peace cannot be prevented otherwise than by the\nimmediate arrest of such person, the Magistrate may at any time issue a warrant for his\narrest.\n\n\f39\n(2) Such inquiry shall be made, as nearly as may be practicable, in the manner\nhereinafter prescribed for conducting trial and recording evidence in summons-cases.\n(3) After the commencement, and before the completion, of the inquiry under\nsub-section (1), the Magistrate, if he considers that immediate measures are necessary for\nthe prevention of a breach of the peace or disturbance of the public tranquillity or the\ncommission of any offence or for the public safety, may, for reasons to be recorded in\nwriting, direct the person in respect of whom the order under section 130 has been made to\nexecute a bond or bail bond, for keeping the peace or maintaining good behaviour until the\nconclusion of the inquiry, and may detain him in custody until such bond or bail bond is\nexecuted or, in default of execution, until the inquiry is concluded:\nProvided that—\n(a) no person against whom proceedings are not being taken under section 127,\nsection 128, or section 129 shall be directed to execute a bond or bail bond for\nmaintaining good behaviour;\n(b) the conditions of such bond, whether as to the amount thereof or as to the\nprovision of sureties or the number thereof or the pecuniary extent of their liability,\nshall not be more onerous than those specified in the order under section 130.\n(4) For the purposes of this section the fact that a person is a habitual offender or is\nso desperate and dangerous as to render his being at large without security hazardous to\nthe community may be proved by evidence of general repute or otherwise.\n(5) Where two or more persons have been associated together in the matter under\ninquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall\nthink just.\n(6) The inquiry under this section shall be completed within a period of six months\nfrom the date of its commencement, and if such inquiry is not so completed, the proceedings\nunder this Chapter shall, on the expiry of the said period, stand terminated unless, for\nspecial reasons to be recorded in writing, the Magistrate otherwise directs:\nProvided that where any person has been kept in detention pending such inquiry, the\nproceeding against that person, unless terminated earlier, shall stand terminated on the\nexpiry of a period of six months of such detention.\n(7) Where any direction is made under sub-section (6) permitting the continuance of\nproceedings, the Sessions Judge may, on an application made to him by the aggrieved\nparty, vacate such direction if he is satisfied that it was not based on any special reason or\nwas perverse.\n136. If, upon such inquiry, it is proved that it is necessary for keeping the peace or Order to give\nmaintaining good behaviour, as the case may be, that the person in respect of whom the security.\ninquiry is made should execute a bond or bail bond, the Magistrate shall make an order\naccordingly:\nProvided that—\n(a) no person shall be ordered to give security of a nature different from, or of\nan amount larger than, or for a period longer than, that specified in the order made\nunder section 130;\n(b) the amount of every bond or bail bond shall be fixed with due regard to the\ncircumstances of the case and shall not be excessive;\n(c) when the person in respect of whom the inquiry is made is a child, the bond\nshall be executed only by his sureties.\n137. If, on an inquiry under section 135, it is not proved that it is necessary for\nkeeping the peace or maintaining good behaviour, as the case may be, that the person in\nrespect of whom the inquiry is made, should execute a bond, the Magistrate shall make an\n\nDischarge of\nperson\ninformed\nagainst.\n\n\f40\nentry on the record to that effect, and if such person is in custody only for the purposes of\nthe inquiry, shall release him, or, if such person is not in custody, shall discharge him.\nCommencement\nof period for\nwhich security\nis required.\n\n138. (1) If any person, in respect of whom an order requiring security is made under\nsection 125 or section 136, is at the time such order is made, sentenced to, or undergoing a\nsentence of, imprisonment, the period for which such security is required shall commence\non the expiration of such sentence.\n(2) In other cases such period shall commence on the date of such order unless the\nMagistrate, for sufficient reason, fixes a later date.\n\nContents of\nbond.\n\n139. The bond or bail bond to be executed by any such person shall bind him to keep\nthe peace or to be of good behaviour, as the case may be, and in the latter case the commission\nor attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever\nit may be committed, is a breach of the bond or bail bond.\n\nPower to\nreject sureties.\n\n140. (1) A Magistrate may refuse to accept any surety offered, or may reject any\nsurety previously accepted by him or his predecessor under this Chapter on the ground\nthat such surety is an unfit person for the purposes of the bail bond:\nProvided that before so refusing to accept or rejecting any such surety, he shall either\nhimself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be\nheld and a report to be made thereon by a Magistrate subordinate to him.\n(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the\nsurety and to the person by whom the surety was offered and shall, in making the inquiry,\nrecord the substance of the evidence adduced before him.\n(3) If the Magistrate is satisfied, after considering the evidence so adduced either\nbefore him or before a Magistrate deputed under sub-section (1), and the report of such\nMagistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he\nshall make an order refusing to accept or rejecting, as the case may be, such surety and\nrecording his reasons for so doing:\nProvided that before making an order rejecting any surety who has previously been\naccepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the\nperson for whom the surety is bound to appear or to be brought before him.\n\nImprisonment\nin default of\nsecurity.\n\n141. (1) (a) If any person ordered to give security under section 125 or section 136\ndoes not give such security on or before the date on which the period for which such\nsecurity is to be given commences, he shall, except in the case next hereinafter mentioned,\nbe committed to prison, or, if he is already in prison, be detained in prison until such period\nexpires or until within such period he gives the security to the Court or Magistrate who\nmade the order requiring it;\n(b) if any person after having executed a bond or bail bond for keeping the peace in\npursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of\nsuch Magistrate or his successor-in-office, to have committed breach of the bond or bail\nbond, such Magistrate or successor-in-office may, after recording the grounds of such\nproof, order that the person be arrested and detained in prison until the expiry of the period\nof the bond or bail bond and such order shall be without prejudice to any other punishment\nor forfeiture to which the said person may be liable in accordance with law.\n(2) When such person has been ordered by a Magistrate to give security for a period\nexceeding one year, such Magistrate shall, if such person does not give such security as\naforesaid, issue a warrant directing him to be detained in prison pending the orders of the\nSessions Judge and the proceedings shall be laid, as soon as conveniently may be, before\nsuch Court.\n(3) Such Court, after examining such proceedings and requiring from the Magistrate\nany further information or evidence which it thinks necessary, and after giving the concerned\n\n\f41\nperson a reasonable opportunity of being heard, may pass such order on the case as it\nthinks fit:\nProvided that the period (if any) for which any person is imprisoned for failure to give\nsecurity shall not exceed three years.\n(4) If security has been required in the course of the same proceeding from two or\nmore persons in respect of any one of whom the proceedings are referred to the Sessions\nJudge under sub-section (2) such reference shall also include the case of any other of such\npersons who has been ordered to give security, and the provisions of sub-sections (2)\nand (3) shall, in that event, apply to the case of such other person also, except that the\nperiod (if any) for which he may be imprisoned, shall not exceed the period for which he was\nordered to give security.\n(5) A Sessions Judge may in his discretion transfer any proceedings laid before him\nunder sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such\ntransfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge\nunder this section in respect of such proceedings.\n(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer\nthe matter to the Court or Magistrate who made the order, and shall await the orders of such\nCourt or Magistrate.\n(7) Imprisonment for failure to give security for keeping the peace shall be simple.\n(8) Imprisonment for failure to give security for good behaviour shall, where the\nproceedings have been taken under section 127, be simple, and, where the proceedings\nhave been taken under section 128 or section 129, be rigorous or simple as the Court or\nMagistrate in each case directs.\n142. (1) Whenever the District Magistrate in the case of an order passed by an\nExecutive Magistrate under section 136, or the Chief Judicial Magistrate in any other case\nis of opinion that any person imprisoned for failing to give security under this Chapter may\nbe released without hazard to the community or to any other person, he may order such\nperson to be discharged.\n(2) Whenever any person has been imprisoned for failing to give security under this\nChapter, the High Court or Court of Session, or, where the order was made by any other\nCourt, District Magistrate, in the case of an order passed by an Executive Magistrate under\nsection 136, or the Chief Judicial Magistrate in any other case, may make an order reducing\nthe amount of the security or the number of sureties or the time for which security has been\nrequired.\n(3) An order under sub-section (1) may direct the discharge of such person either\nwithout conditions or upon any conditions which such person accepts:\nProvided that any condition imposed shall cease to be operative when the period for\nwhich such person was ordered to give security has expired.\n(4) The State Government may prescribe, by rules, the conditions upon which a\nconditional discharge may be made.\n(5) If any condition upon which any person has been discharged is, in the opinion of\nDistrict Magistrate, in the case of an order passed by an Executive Magistrate under\nsection 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge\nwas made or of his successor, not fulfilled, he may cancel the same.\n(6) When a conditional order of discharge has been cancelled under sub-section (5),\nsuch person may be arrested by any police officer without warrant, and shall thereupon be\nproduced before the District Magistrate, in the case of an order passed by an Executive\nMagistrate under section 136, or the Chief Judicial Magistrate in any other case.\n\nPower to\nrelease\npersons\nimprisoned for\nfailing to give\nsecurity.\n\n\f42\n(7) Unless such person gives security in accordance with the terms of the original\norder for the unexpired portion of the term for which he was in the first instance committed\nor ordered to be detained (such portion being deemed to be a period equal to the period\nbetween the date of the breach of the conditions of discharge and the date on which, except\nfor such conditional discharge, he would have been entitled to release), District Magistrate,\nin the case of an order passed by an Executive Magistrate under section 136, or the Chief\nJudicial Magistrate in any other case may remand such person to prison to undergo such\nunexpired portion.\n(8) A person remanded to prison under sub-section (7) shall, subject to the provisions\nof section 141, be released at any time on giving security in accordance with the terms of the\noriginal order for the unexpired portion aforesaid to the Court or Magistrate by whom such\norder was made, or to its or his successor.\n(9) The High Court or Court of Session may at any time, for sufficient reasons to be\nrecorded in writing, cancel any bond for keeping the peace or for good behaviour executed\nunder this Chapter by any order made by it, and District Magistrate, in the case of an order\npassed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in\nany other case may make such cancellation where such bond was executed under his order\nor under the order of any other Court in his district.\n(10) Any surety for the peaceable conduct or good behaviour of another person\nordered to execute a bond under this Chapter may at any time apply to the Court making\nsuch order to cancel the bond and on such application being made, the Court shall issue a\nsummons or warrant, as it thinks fit, requiring the person for whom such surety is bound to\nappear or to be brought before it.\nSecurity for\nunexpired\nperiod of\nbond.\n\n143. (1) When a person for whose appearance a summons or warrant has been issued\nunder the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142,\nappears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel\nthe bond or bail bond executed by such person and shall order such person to give, for the\nunexpired portion of the term of such bond, fresh security of the same description as the\noriginal security.\n(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be\ndeemed to be an order made under section 125 or section 136, as the case may be.\nCHAPTER X\nORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS\n\nOrder for\nmaintenance\nof wives,\nchildren and\nparents.\n\n144. (1) If any person having sufficient means neglects or refuses to maintain—\n(a) his wife, unable to maintain herself; or\n(b) his legitimate or illegitimate child, whether married or not, unable to maintain\nitself; or\n(c) his legitimate or illegitimate child (not being a married daughter) who has\nattained majority, where such child is, by reason of any physical or mental abnormality\nor injury unable to maintain itself; or\n(d) his father or mother, unable to maintain himself or herself,\na Magistrate of the first class may, upon proof of such neglect or refusal, order such person\nto make a monthly allowance for the maintenance of his wife or such child, father or mother,\nat such monthly rate as such Magistrate thinks fit and to pay the same to such person as the\nMagistrate may from time to time direct:\nProvided that the Magistrate may order the father of a female child referred to in\nclause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied\nthat the husband of such female child, if married, is not possessed of sufficient means:\n\n\f43\nProvided further that the Magistrate may, during the pendency of the proceeding\nregarding monthly allowance for the maintenance under this sub-section, order such person\nto make a monthly allowance for the interim maintenance of his wife or such child, father or\nmother, and the expenses of such proceeding which the Magistrate considers reasonable,\nand to pay the same to such person as the Magistrate may from time to time direct:\nProvided also that an application for the monthly allowance for the interim maintenance\nand expenses of proceeding under the second proviso shall, as far as possible, be disposed\nof within sixty days from the date of the service of notice of the application to such person.\nExplanation.—For the purposes of this Chapter, \"wife\" includes a woman who has\nbeen divorced by, or has obtained a divorce from, her husband and has not remarried.\n(2) Any such allowance for the maintenance or interim maintenance and expenses of\nproceeding shall be payable from the date of the order, or, if so ordered, from the date of the\napplication for maintenance or interim maintenance and expenses of proceeding, as the\ncase may be.\n(3) If any person so ordered fails without sufficient cause to comply with the order,\nany such Magistrate may, for every breach of the order, issue a warrant for levying the\namount due in the manner provided for levying fines, and may sentence such person, for\nthe whole or any part of each month's allowance for the maintenance or the interim\nmaintenance and expenses of proceeding, as the case may be, remaining unpaid after the\nexecution of the warrant, to imprisonment for a term which may extend to one month or until\npayment if sooner made:\nProvided that no warrant shall be issued for the recovery of any amount due under\nthis section unless application be made to the Court to levy such amount within a period of\none year from the date on which it became due:\nProvided further that if such person offers to maintain his wife on condition of her\nliving with him, and she refuses to live with him, such Magistrate may consider any grounds\nof refusal stated by her, and may make an order under this section notwithstanding such\noffer, if he is satisfied that there is just ground for so doing.\nExplanation.—If a husband has contracted marriage with another woman or keeps a\nmistress, it shall be considered to be just ground for his wife's refusal to live with him.\n(4) No wife shall be entitled to receive an allowance for the maintenance or the interim\nmaintenance and expenses of proceeding, from her husband under this section if she is\nliving in adultery, or if, without any sufficient reason, she refuses to live with her husband,\nor if they are living separately by mutual consent.\n(5) On proof that any wife in whose favour an order has been made under this section\nis living in adultery, or that without sufficient reason she refuses to live with her husband,\nor that they are living separately by mutual consent, the Magistrate shall cancel the order.\n145. (1) Proceedings under section 144 may be taken against any person in any Procedure.\ndistrict—\n(a) where he is; or\n(b) where he or his wife resides; or\n(c) where he last resided with his wife, or as the case may be, with the mother of\nthe illegitimate child; or\n(d) where his father or mother resides.\n\n\f44\n(2) All evidence in such proceedings shall be taken in the presence of the person\nagainst whom an order for payment of maintenance is proposed to be made, or, when his\npersonal attendance is dispensed with, in the presence of his advocate, and shall be recorded\nin the manner prescribed for summons-cases:\nProvided that if the Magistrate is satisfied that the person against whom an order for\npayment of maintenance is proposed to be made is wilfully avoiding service, or wilfully\nneglecting to attend the Court, the Magistrate may proceed to hear and determine the\ncase ex parte and any order so made may be set aside for good cause shown on an\napplication made within three months from the date thereof subject to such terms including\nterms as to payment of costs to the opposite party as the Magistrate may think just and\nproper.\n(3) The Court in dealing with applications under section 144 shall have power to make\nsuch order as to costs as may be just.\nAlteration in\nallowance.\n\n146. (1) On proof of a change in the circumstances of any person, receiving, under\nsection 144 a monthly allowance for the maintenance or interim maintenance, or ordered\nunder the same section to pay a monthly allowance for the maintenance, or interim\nmaintenance, to his wife, child, father or mother, as the case may be, the Magistrate may\nmake such alteration, as he thinks fit, in the allowance for the maintenance or the interim\nmaintenance, as the case may be.\n(2) Where it appears to the Magistrate that in consequence of any decision of a\ncompetent Civil Court, any order made under section 144 should be cancelled or varied, he\nshall cancel the order or, as the case may be, vary the same accordingly.\n(3) Where any order has been made under section 144 in favour of a woman who has\nbeen divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is\nsatisfied that—\n(a) the woman has, after the date of such divorce, remarried, cancel such order\nas from the date of her remarriage;\n(b) the woman has been divorced by her husband and that she has received,\nwhether before or after the date of the said order, the whole of the sum which, under\nany customary or personal law applicable to the parties, was payable on such divorce,\ncancel such order,—\n(i) in the case where such sum was paid before such order, from the date\non which such order was made;\n(ii) in any other case, from the date of expiry of the period, if any, for\nwhich maintenance has been actually paid by the husband to the woman;\n(c) the woman has obtained a divorce from her husband and that she had\nvoluntarily surrendered her rights to maintenance or interim maintenance, as the case\nmay be, after her divorce, cancel the order from the date thereof.\n(4) At the time of making any decree for the recovery of any maintenance or dowry by\nany person, to whom a monthly allowance for the maintenance and interim maintenance or\nany of them has been ordered to be paid under section 144, the Civil Court shall take into\naccount the sum which has been paid to, or recovered by, such person as monthly allowance\nfor the maintenance and interim maintenance or any of them, as the case may be, in pursuance\nof the said order.\n\nEnforcement\nof order of\nmaintenance.\n\n147. A copy of the order of maintenance or interim maintenance and expenses of\nproceedings, as the case may be, shall be given without payment to the person in whose\nfavour it is made, or to his guardian, if any, or to the person to whom the allowance for the\nmaintenance or the allowance for the interim maintenance and expenses of proceeding, as\nthe case may be, is to be paid; and such order may be enforced by any Magistrate in any\n\n\f45\nplace where the person against whom it is made may be, on such Magistrate being satisfied\nas to the identity of the parties and the non-payment of the allowance, or as the case may\nbe, expenses, due.\nCHAPTER XI\nMAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY\nA.—Unlawful assemblies\n148. (1) Any Executive Magistrate or officer in charge of a police station or, in the\nabsence of such officer in charge, any police officer, not below the rank of a sub-inspector,\nmay command any unlawful assembly, or any assembly of five or more persons likely to\ncause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of\nthe members of such assembly to disperse accordingly.\n\nDispersal of\nassembly by\nuse of civil\nforce.\n\n(2) If, upon being so commanded, any such assembly does not disperse, or if, without\nbeing so commanded, it conducts itself in such a manner as to show a determination not to\ndisperse, any Executive Magistrate or police officer referred to in sub-section (1), may\nproceed to disperse such assembly by force, and may require the assistance of any person,\nnot being an officer or member of the armed forces and acting as such, for the purpose of\ndispersing such assembly, and, if necessary, arresting and confining the persons who form\npart of it, in order to disperse such assembly or that they may be punished according to law.\n149. (1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise\nbe dispersed, and it is necessary for the public security that it should be dispersed, the\nDistrict Magistrate or any other Executive Magistrate authorised by him, who is present,\nmay cause it to be dispersed by the armed forces.\n\nUse of armed\nforces to\ndisperse\nassembly.\n\n(2) Such Magistrate may require any officer in command of any group of persons\nbelonging to the armed forces to disperse the assembly with the help of the armed forces\nunder his command, and to arrest and confine such persons forming part of it as the\nExecutive Magistrate may direct, or as it may be necessary to arrest and confine in order to\ndisperse the assembly or to have them punished according to law.\n(3) Every such officer of the armed forces shall obey such requisition in such manner\nas he thinks fit, but in so doing he shall use as little force, and do as little injury to person\nand property, as may be consistent with dispersing the assembly and arresting and detaining\nsuch persons.\n150. When the public security is manifestly endangered by any such assembly and\nno Executive Magistrate can be communicated with, any commissioned or gazetted officer\nof the armed forces may disperse such assembly with the help of the armed forces under his\ncommand, and may arrest and confine any persons forming part of it, in order to disperse\nsuch assembly or that they may be punished according to law; but if, while he is acting\nunder this section, it becomes practicable for him to communicate with an Executive\nMagistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate,\nas to whether he shall or shall not continue such action.\n\nPower of\ncertain armed\nforce officers\nto disperse\nassembly.\n\n151. (1) No prosecution against any person for any act purporting to be done under Protection\nsection 148, section 149 or section 150 shall be instituted in any Criminal Court except— against\n(a) with the sanction of the Central Government where such person is an officer\nor member of the armed forces;\n(b) with the sanction of the State Government in any other case.\n(2) (a) No Executive Magistrate or police officer acting under any of the said sections\nin good faith;\n\nprosecution\nfor acts done\nunder sections\n148, 149 and\n150.\n\n\f46\n(b) no person doing any act in good faith in compliance with a requisition under\nsection 148 or section 149;\n(c) no officer of the armed forces acting under section 150 in good faith;\n(d) no member of the armed forces doing any act in obedience to any order which he\nwas bound to obey,\nshall be deemed to have thereby committed an offence.\n(3) In this section and in the preceding sections of this Chapter,—\n(a) the expression \"armed forces\" means the army, naval and air forces, operating\nas land forces and includes any other armed forces of the Union so operating;\n(b) \"officer\", in relation to the armed forces, means a person commissioned,\ngazetted or in pay as an officer of the armed forces and includes a junior commissioned\nofficer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted\nofficer;\n(c) \"member\", in relation to the armed forces, means a person in the armed\nforces other than an officer.\nB.—Public nuisances\nConditional\norder for\nremoval of\nnuisance.\n\n152. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other\nExecutive Magistrate specially empowered in this behalf by the State Government, on\nreceiving the report of a police officer or other information and on taking such evidence\n(if any) as he thinks fit, considers—\n(a) that any unlawful obstruction or nuisance should be removed from any\npublic place or from any way, river or channel which is or may be lawfully used by the\npublic; or\n(b) that the conduct of any trade or occupation, or the keeping of any goods or\nmerchandise, is injurious to the health or physical comfort of the community, and that\nin consequence such trade or occupation should be prohibited or regulated or such\ngoods or merchandise should be removed or the keeping thereof regulated; or\n(c) that the construction of any building, or, the disposal of any substance, as\nis likely to occasion conflagration or explosion, should be prevented or stopped; or\n(d) that any building, tent or structure, or any tree is in such a condition that it\nis likely to fall and thereby cause injury to persons living or carrying on business in\nthe neighbourhood or passing by, and that in consequence the removal, repair or\nsupport of such building, tent or structure, or the removal or support of such tree, is\nnecessary; or\n(e) that any tank, well or excavation adjacent to any such way or public place\nshould be fenced in such manner as to prevent danger arising to the public; or\n(f) that any dangerous animal should be destroyed, confined or otherwise\ndisposed of,\nsuch Magistrate may make a conditional order requiring the person causing such obstruction\nor nuisance, or carrying on such trade or occupation, or keeping any such goods or\nmerchandise, or owning, possessing or controlling such building, tent, structure, substance,\n\n\f47\ntank, well or excavation, or owning or possessing such animal or tree, within a time to be\nfixed in the order—\n(i) to remove such obstruction or nuisance; or\n(ii) to desist from carrying on, or to remove or regulate in such manner as may\nbe directed, such trade or occupation, or to remove such goods or merchandise, or to\nregulate the keeping thereof in such manner as may be directed; or\n(iii) to prevent or stop the construction of such building, or to alter the disposal\nof such substance; or\n(iv) to remove, repair or support such building, tent or structure, or to remove or\nsupport such trees; or\n(v) to fence such tank, well or excavation; or\n(vi) to destroy, confine or dispose of such dangerous animal in the manner\nprovided in the said order,\nor, if he objects so to do, to appear before himself or some other Executive Magistrate\nsubordinate to him at a time and place to be fixed by the order, and show cause, in the\nmanner hereinafter provided, why the order should not be made absolute.\n(2) No order duly made by a Magistrate under this section shall be called in question\nin any Civil Court.\nExplanation.—A \"public place\" includes also property belonging to the State,\ncamping grounds and grounds left unoccupied for sanitary or recreative purposes.\n153. (1) The order shall, if practicable, be served on the person against whom it is Service or\nnotification of\nmade, in the manner herein provided for service of summons.\n(2) If such order cannot be so served, it shall be notified by proclamation published in\nsuch manner as the State Government may, by rules, direct, and a copy thereof shall be\nstuck up at such place or places as may be fittest for conveying the information to such\nperson.\n154. The person against whom such order is made shall—\n(a) perform, within the time and in the manner specified in the order, the act\ndirected thereby; or\n(b) appear in accordance with such order and show cause against the same;\nand such appearance or hearing may be permitted through audio-video conferencing.\n\norder.\n\nPerson to\nwhom order is\naddressed to\nobey or show\ncause.\n\n155. If the person against whom an order is made under section 154 does not perform Penalty for\nsuch act or appear and show cause, he shall be liable to the penalty specified in that behalf failure to\nin section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute. comply with\nsection 154.\n\n156. (1) Where an order is made under section 152 for the purpose of preventing\nobstruction, nuisance or danger to the public in the use of any way, river, channel or place,\nthe Magistrate shall, on the appearance before him of the person against whom the order\nwas made, question him as to whether he denies the existence of any public right in respect\nof the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding\nunder section 157, inquire into the matter.\n(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support\nof such denial, he shall stay the proceedings until the matter of the existence of such right\nhas been decided by a competent Court; and, if he finds that there is no such evidence, he\nshall proceed as laid down in section 157.\n(3) A person who has, on being questioned by the Magistrate under sub-section (1),\n\nProcedure\nwhere\nexistence of\npublic right is\ndenied.\n\n\f48\nfailed to deny the existence of a public right of the nature therein referred to, or who, having\nmade such denial, has failed to adduce reliable evidence in support thereof, shall not in the\nsubsequent proceedings be permitted to make any such denial.\nProcedure\nwhere person\nagainst whom\norder is made\nunder section\n152 appears\nto show cause.\n\n157. (1) If the person against whom an order under section 152 is made appears and\nshows cause against the order, the Magistrate shall take evidence in the matter as in a\nsummons-case.\n(2) If the Magistrate is satisfied that the order, either as originally made or subject to\nsuch modification as he considers necessary, is reasonable and proper, the order shall be\nmade absolute without modification or, as the case may be, with such modification.\ncase:\n\n(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the\n\nProvided that the proceedings under this section shall be completed, as soon as\npossible, within a period of ninety days, which may be extended for the reasons to be\nrecorded in writing, to one hundred and twenty days.\nPower of\nMagistrate to\ndirect local\ninvestigation\nand\nexamination\nof an expert.\n\n158. The Magistrate may, for the purposes of an inquiry under section 156 or\nsection 157—\n\nPower of\nMagistrate to\nfurnish written\ninstructions,\netc.\n\n159. (1) Where the Magistrate directs a local investigation by any person under\nsection 158, the Magistrate may—\n\n(a) direct a local investigation to be made by such person as he thinks fit; or\n(b) summon and examine an expert.\n\n(a) furnish such person with such written instructions as may seem necessary\nfor his guidance;\n(b) declare by whom the whole or any part of the necessary expenses of the\nlocal investigation shall be paid.\n(2) The report of such person may be read as evidence in the case.\n(3) Where the Magistrate summons and examines an expert under section 158, the\nMagistrate may direct by whom the costs of such summoning and examination shall be\npaid.\n\nProcedure on\norder being\nmade absolute\nand\nconsequences\nof\ndisobedience.\n\n160. (1) When an order has been made absolute under section 155 or section 157, the\nMagistrate shall give notice of the same to the person against whom the order was made,\nand shall further require him to perform the act directed by the order within the time to be\nfixed in the notice, and inform him that, in case of disobedience, he shall be liable to the\npenalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.\n(2) If such act is not performed within the time fixed, the Magistrate may cause it to be\nperformed, and may recover the costs of performing it, either by the sale of any building,\ngoods or other property removed by his order, or by the distress and sale of any other\nmovable property of such person within or without such Magistrate's local jurisdiction, and\nif such other property is without such jurisdiction, the order shall authorise its attachment\nand sale when endorsed by the Magistrate within whose local jurisdiction the property to\nbe attached is found.\n(3) No suit shall lie in respect of anything done in good faith under this section.\n\nInjunction\npending\ninquiry.\n\n161. (1) If a Magistrate making an order under section 152 considers that immediate\nmeasures should be taken to prevent imminent danger or injury of a serious kind to the\npublic, he may issue such an injunction to the person against whom the order was made, as\nis required to obviate or prevent such danger or injury pending the determination of the\nmatter.\n\n\f49\n(2) In default of such person forthwith obeying such injunction, the Magistrate may\nhimself use, or cause to be used, such means as he thinks fit to obviate such danger or to\nprevent such injury.\n(3) No suit shall lie in respect of anything done in good faith by a Magistrate under\nthis section.\n162. A District Magistrate or Sub-divisional Magistrate, or any other Executive\nMagistrate or Deputy Commissioner of Police empowered by the State Government or the\nDistrict Magistrate in this behalf, may order any person not to repeat or continue a public\nnuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.\nC.—Urgent cases of nuisance or apprehended danger\n163. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional\nMagistrate or any other Executive Magistrate specially empowered by the State Government\nin this behalf, there is sufficient ground for proceeding under this section and immediate\nprevention or speedy remedy is desirable, such Magistrate may, by a written order stating\nthe material facts of the case and served in the manner provided by section 153, direct any\nperson to abstain from a certain act or to take certain order with respect to certain property\nin his possession or under his management, if such Magistrate considers that such direction\nis likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person\nlawfully employed, or danger to human life, health or safety or a disturbance of the public\ntranquillity, or a riot, or an affray.\n\nMagistrate\nmay prohibit\nrepetition or\ncontinuance\nof public\nnuisance.\nPower to issue\norder in urgent\ncases of\nnuisance or\napprehended\ndanger.\n\n(2) An order under this section may, in cases of emergency or in cases where the\ncircumstances do not admit of the serving in due time of a notice upon the person against\nwhom the order is directed, be passed ex parte.\n(3) An order under this section may be directed to a particular individual, or to persons\nresiding in a particular place or area, or to the public generally when frequenting or visiting\na particular place or area.\n(4) No order under this section shall remain in force for more than two months from\nthe making thereof:\nProvided that if the State Government considers it necessary so to do for preventing\ndanger to human life, health or safety or for preventing a riot or any affray, it may, by\nnotification, direct that an order made by a Magistrate under this section shall remain in\nforce for such further period not exceeding six months from the date on which the order\nmade by the Magistrate would have, but for such order, expired, as it may specify in the said\nnotification.\n(5) Any Magistrate may, either on his own motion or on the application of any person\naggrieved, rescind or alter any order made under this section by himself or any Magistrate\nsubordinate to him or by his predecessor-in-office.\n(6) The State Government may, either on its own motion or on the application of any\nperson aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).\n(7) Where an application under sub-section (5) or sub-section (6) is received, the\nMagistrate, or the State Government, as the case may be, shall afford to the applicant an\nearly opportunity of appearing before him or it, either in person or by an advocate and\nshowing cause against the order; and if the Magistrate or the State Government, as the case\nmay be, rejects the application wholly or in part, he or it shall record in writing the reasons\nfor so doing.\nD.—Disputes as to immovable property\n164. (1) Whenever an Executive Magistrate is satisfied from a report of a police\nofficer or upon other information that a dispute likely to cause a breach of the peace exists\nconcerning any land or water or the boundaries thereof, within his local jurisdiction, he\nshall make an order in writing, stating the grounds of his being so satisfied, and requiring\nthe parties concerned in such dispute to attend his Court in person or by an advocate on a\n\nProcedure\nwhere dispute\nconcerning\nland or water\nis likely to\ncause breach\nof peace.\n\n\f50\nspecified date and time, and to put in written statements of their respective claims as\nrespects the fact of actual possession of the subject of dispute.\n(2) For the purposes of this section, the expression \"land or water\" includes buildings,\nmarkets, fisheries, crops or other produce of land, and the rents or profits of any such\nproperty.\n(3) A copy of the order shall be served in the manner provided by this Sanhita for the\nservice of summons upon such person or persons as the Magistrate may direct, and at least\none copy shall be published by being affixed to some conspicuous place at or near the\nsubject of dispute.\n(4) The Magistrate shall, without reference to the merits or the claims of any of the\nparties to a right to possess the subject of dispute, peruse the statements so put in, hear the\nparties, receive all such evidence as may be produced by them, take such further evidence,\nif any, as he thinks necessary, and, if possible, decide whether any and which of the parties\nwas, at the date of the order made by him under sub-section (1), in possession of the\nsubject of dispute:\nProvided that if it appears to the Magistrate that any party has been forcibly and\nwrongfully dispossessed within two months next before the date on which the report of a\npolice officer or other information was received by the Magistrate, or after that date and\nbefore the date of his order under sub-section (1), he may treat the party so dispossessed\nas if that party had been in possession on the date of his order under sub-section (1).\n(5) Nothing in this section shall preclude any party so required to attend, or any other\nperson interested, from showing that no such dispute as aforesaid exists or has existed; and\nin such case the Magistrate shall cancel his said order, and all further proceedings thereon\nshall be stayed, but, subject to such cancellation, the order of the Magistrate under\nsub-section (1) shall be final.\n(6) (a) If the Magistrate decides that one of the parties was, or should under the\nproviso to sub-section (4) be treated as being, in such possession of the said subject of\ndispute, he shall issue an order declaring such party to be entitled to possession thereof\nuntil evicted therefrom in due course of law, and forbidding all disturbance of such possession\nuntil such eviction; and when he proceeds under the proviso to sub-section (4), may\nrestore to possession the party forcibly and wrongfully dispossessed;\n(b) the order made under this sub-section shall be served and published in the manner\nlaid down in sub-section (3).\n(7) When any party to any such proceeding dies, the Magistrate may cause the legal\nrepresentative of the deceased party to be made a party to the proceeding and shall thereupon\ncontinue the inquiry, and if any question arises as to who the legal representative of a\ndeceased party for the purposes of such proceeding is, all persons claiming to be\nrepresentatives of the deceased party shall be made parties thereto.\n(8) If the Magistrate is of opinion that any crop or other produce of the property, the\nsubject of dispute in a proceeding under this section pending before him, is subject to\nspeedy and natural decay, he may make an order for the proper custody or sale of such\nproperty, and, upon the completion of the inquiry, shall make such order for the disposal of\nsuch property, or the sale-proceeds thereof, as he thinks fit.\n(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this\nsection, on the application of either party, issue a summons to any witness directing him to\nattend or to produce any document or thing.\n(10) Nothing in this section shall be deemed to be in derogation of powers of the\nMagistrate to proceed under section 126.\n\n\f51\n165. (1) If the Magistrate at any time after making the order under sub-section (1) of\nsection 164 considers the case to be one of emergency, or if he decides that none of the\nparties was then in such possession as is referred to in section 164, or if he is unable to\nsatisfy himself as to which of them was then in such possession of the subject of dispute,\nhe may attach the subject of dispute until a competent Court has determined the rights of\nthe parties thereto with regard to the person entitled to the possession thereof:\n\nPower to\nattach subject\nof dispute and\nto appoint\nreceiver.\n\nProvided that such Magistrate may withdraw the attachment at any time if he is\nsatisfied that there is no longer any likelihood of breach of the peace with regard to the\nsubject of dispute.\n\n5 of 1908.\n\n(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in\nrelation to such subject of dispute has been appointed by any Civil Court, make such\narrangements as he considers proper for looking after the property or if he thinks fit,\nappoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the\npowers of a receiver appointed under the Code of Civil Procedure, 1908:\nProvided that in the event of a receiver being subsequently appointed in relation to\nthe subject of dispute by any Civil Court, the Magistrate—\n(a) shall order the receiver appointed by him to hand over the possession of the\nsubject of dispute to the receiver appointed by the Civil Court and shall thereafter\ndischarge the receiver appointed by him;\n(b) may make such other incidental or consequential orders as may be just.\n166. (1) Whenever an Executive Magistrate is satisfied from the report of a police\nofficer or upon other information, that a dispute likely to cause a breach of the peace exists\nregarding any alleged right of user of any land or water within his local jurisdiction, whether\nsuch right be claimed as an easement or otherwise, he shall make an order in writing, stating\nthe grounds of his being so satisfied and requiring the parties concerned in such dispute to\nattend his Court in person or by an advocate on a specified date and time and to put in\nwritten statements of their respective claims.\nExplanation.—For the purposes of this sub-section, the expression \"land or water\"\nhas the meaning given to it in sub-section (2) of section 164.\n(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all\nsuch evidence as may be produced by them respectively, consider the effect of such\nevidence, take such further evidence, if any, as he thinks necessary and, if possible, decide\nwhether such right exists; and the provisions of section 164 shall, so far as may be, apply in\nthe case of such inquiry.\n(3) If it appears to such Magistrate that such rights exist, he may make an order\nprohibiting any interference with the exercise of such right, including, in a proper case, an\norder for the removal of any obstruction in the exercise of any such right:\nProvided that no such order shall be made where the right is exercisable at all times of\nthe year, unless such right has been exercised within three months next before the receipt\nunder sub-section (1) of the report of a police officer or other information leading to the\ninstitution of the inquiry, or where the right is exercisable only at particular seasons or on\nparticular occasions, unless the right has been exercised during the last of such seasons or\non the last of such occasions before such receipt.\n(4) When in any proceedings commenced under sub-section (1) of section 164 the\nMagistrate finds that the dispute is as regards an alleged right of user of land or water, he\nmay, after recording his reasons, continue with the proceedings as if they had been\ncommenced under sub-section (1), and when in any proceedings commenced under\nsub-section (1) the Magistrate finds that the dispute should be dealt with under\nsection 164, he may, after recording his reasons, continue with the proceedings as if they\nhad been commenced under sub-section (1) of section 164.\n\nDispute\nconcerning\nright of use of\nland or water.\n\n\f52\nLocal inquiry.\n\n167. (1) Whenever a local inquiry is necessary for the purposes of section 164,\nsection 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute\nany Magistrate subordinate to him to make the inquiry, and may furnish him with such\nwritten instructions as may seem necessary for his guidance, and may declare by whom the\nwhole or any part of the necessary expenses of the inquiry shall be paid.\n(2) The report of the person so deputed may be read as evidence in the case.\n(3) When any costs have been incurred by any party to a proceeding under\nsection 164, section 165 or section 166, the Magistrate passing a decision may direct by\nwhom such costs shall be paid, whether by such party or by any other party to the proceeding,\nand whether in whole or in part or proportion and such costs may include any expenses\nincurred in respect of witnesses and of advocates' fees, which the Court may consider\nreasonable.\nCHAPTER XII\nPREVENTIVE ACTION OF THE POLICE\n\nPolice to\nprevent\ncognizable\noffences.\nInformation\nof design to\ncommit\ncognizable\noffences.\n\n168. Every police officer may interpose for the purpose of preventing, and shall, to\nthe best of his ability, prevent, the commission of any cognizable offence.\n\nArrest to\nprevent\ncommission of\ncognizable\noffences.\n\n170. (1) A police officer knowing of a design to commit any cognizable offence may\narrest, without orders from a Magistrate and without a warrant, the person so designing, if\nit appears to such officer that the commission of the offence cannot be otherwise prevented.\n\n169. Every police officer receiving information of a design to commit any cognizable\noffence shall communicate such information to the police officer to whom he is subordinate,\nand to any other officer whose duty it is to prevent or take cognizance of the commission of\nany such offence.\n\n(2) No person arrested under sub-section (1) shall be detained in custody for a period\nexceeding twenty-four hours from the time of his arrest unless his further detention is\nrequired or authorised under any other provisions of this Sanhita or of any other law for the\ntime being in force.\n\nPrevention of\ninjury to\npublic\nproperty.\n\n171. A police officer may of his own authority interpose to prevent any injury attempted\nto be committed in his view to any public property, movable or immovable, or the removal or\ninjury of any public landmark, buoy or other mark used for navigation.\n\nPersons bound\nto conform to\nlawful\ndirections of\npolice.\n\n172. (1) All persons shall be bound to conform to the lawful directions of a police\nofficer given in fulfilment of any of his duty under this Chapter.\n(2) A police officer may detain or remove any person resisting, refusing, ignoring or\ndisregarding to conform to any direction given by him under sub-section (1) and may either\ntake such person before a Magistrate or, in petty cases, release him as soon as possible\nwithin a period of twenty-four hours.\nCHAPTER XIII\nINFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE\n\nInformation\nin cognizable\ncases.\n\n173. (1) Every information relating to the commission of a cognizable offence,\nirrespective of the area where the offence is committed, may be given orally or by electronic\ncommunication to an officer in charge of a police station, and if given—\n(i) orally, it shall be reduced to writing by him or under his direction, and be read\nover to the informant; and every such information, whether given in writing or reduced\nto writing as aforesaid, shall be signed by the person giving it;\n(ii) by electronic communication, it shall be taken on record by him on being\nsigned within three days by the person giving it,\n\n\f53\nand the substance thereof shall be entered in a book to be kept by such officer in such form\nas the State Government may by rules prescribe in this behalf:\nProvided that if the information is given by the woman against whom an offence\nunder section 64, section 65, section 66, section 67, section 68, section 69, section 70,\nsection 71, section 74, section 75, section 76, section 77, section 78, section 79 or\nsection 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or\nattempted, then such information shall be recorded, by a woman police officer or any\nwoman officer:\nProvided further that—\n(a) in the event that the person against whom an offence under section 64,\nsection 65, section 66, section 67, section 68, section 69, section 70, section 71,\nsection 74, section 75, section 76, section 77, section 78, section 79 or section 124 of\nthe Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is\ntemporarily or permanently mentally or physically disabled, then such information\nshall be recorded by a police officer, at the residence of the person seeking to report\nsuch offence or at a convenient place of such person's choice, in the presence of an\ninterpreter or a special educator, as the case may be;\n(b) the recording of such information shall be videographed;\n(c) the police officer shall get the statement of the person recorded by a\nMagistrate under clause (a) of sub-section (6) of section 183 as soon as possible.\n(2) A copy of the information as recorded under sub-section (1) shall be given forthwith,\nfree of cost, to the informant or the victim.\n(3) Without prejudice to the provisions contained in section 175, on receipt of\ninformation relating to the commission of any cognizable offence, which is made punishable\nfor three years or more but less than seven years, the officer in charge of the police station\nmay with the prior permission from an officer not below the rank of Deputy Superintendent\nof Police, considering the nature and gravity of the offence,—\n(i) proceed to conduct preliminary enquiry to ascertain whether there exists a\nprima facie case for proceeding in the matter within a period of fourteen days; or\n(ii) proceed with investigation when there exists a prima facie case.\n(4) Any person aggrieved by a refusal on the part of an officer in charge of a police\nstation to record the information referred to in sub-section (1), may send the substance of\nsuch information, in writing and by post, to the Superintendent of Police concerned who, if\nsatisfied that such information discloses the commission of a cognizable offence, shall\neither investigate the case himself or direct an investigation to be made by any police officer\nsubordinate to him, in the manner provided by this Sanhita, and such officer shall have all\nthe powers of an officer in charge of the police station in relation to that offence failing\nwhich such aggrieved person may make an application to the Magistrate.\n174. (1) When information is given to an officer in charge of a police station of the\ncommission within the limits of such station of a non-cognizable offence, he shall enter or\ncause to be entered the substance of the information in a book to be kept by such officer in\nsuch form as the State Government may by rules prescribe in this behalf, and,—\n(i) refer the informant to the Magistrate;\n(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.\n(2) No police officer shall investigate a non-cognizable case without the order of a\nMagistrate having power to try such case or commit the case for trial.\n(3) Any police officer receiving such order may exercise the same powers in respect of\nthe investigation (except the power to arrest without warrant) as an officer in charge of a\npolice station may exercise in a cognizable case.\n\nInformation\nas to noncognizable\ncases and\ninvestigation\nof such cases.\n\n\f54\n(4) Where a case relates to two or more offences of which at least one is cognizable,\nthe case shall be deemed to be a cognizable case, notwithstanding that the other offences\nare non-cognizable.\nPolice\nofficer's power\nto investigate\ncognizable\ncase.\n\n175. (1) Any officer in charge of a police station may, without the order of a Magistrate,\ninvestigate any cognizable case which a Court having jurisdiction over the local area within\nthe limits of such station would have power to inquire into or try under the provisions of\nChapter XIV:\nProvided that considering the nature and gravity of the offence, the Superintendent\nof Police may require the Deputy Superintendent of Police to investigate the case.\n(2) No proceeding of a police officer in any such case shall at any stage be called in\nquestion on the ground that the case was one which such officer was not empowered under\nthis section to investigate.\n(3) Any Magistrate empowered under section 210 may, after considering the application\nsupported by an affidavit made under sub-section (4) of section 173, and after making such\ninquiry as he thinks necessary and submission made in this regard by the police officer,\norder such an investigation as above-mentioned.\n(4) Any Magistrate empowered under section 210, may, upon receiving a complaint\nagainst a public servant arising in course of the discharge of his official duties, order\ninvestigation, subject to—\n(a) receiving a report containing facts and circumstances of the incident from\nthe officer superior to him; and\n(b) after consideration of the assertions made by the public servant as to the\nsituation that led to the incident so alleged.\n\nProcedure for\ninvestigation.\n\n176. (1) If, from information received or otherwise, an officer in charge of a police\nstation has reason to suspect the commission of an offence which he is empowered under\nsection 175 to investigate, he shall forthwith send a report of the same to a Magistrate\nempowered to take cognizance of such offence upon a police report and shall proceed in\nperson, or shall depute one of his subordinate officers not being below such rank as the\nState Government may, by general or special order, prescribe in this behalf, to proceed, to\nthe spot, to investigate the facts and circumstances of the case, and, if necessary, to take\nmeasures for the discovery and arrest of the offender:\nProvided that—\n(a) when information as to the commission of any such offence is given against\nany person by name and the case is not of a serious nature, the officer in charge of a\npolice station need not proceed in person or depute a subordinate officer to make an\ninvestigation on the spot;\n(b) if it appears to the officer in charge of a police station that there is no\nsufficient ground for entering on an investigation, he shall not investigate the case:\nProvided further that in relation to an offence of rape, the recording of statement of\nthe victim shall be conducted at the residence of the victim or in the place of her choice and\nas far as practicable by a woman police officer in the presence of her parents or guardian or\nnear relatives or social worker of the locality and such statement may also be recorded\nthrough any audio-video electronic means including mobile phone.\n(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to\nsub-section (1), the officer in charge of the police station shall state in his report the\nreasons for not fully complying with the requirements of that sub-section by him, and,\nforward the daily diary report fortnightly to the Magistrate and in the case mentioned in\n\n\f55\nclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any,\nin such manner as may be prescribed by rules made by the State Government.\n(3) On receipt of every information relating to the commission of an offence which is\nmade punishable for seven years or more, the officer in charge of a police station shall, from\nsuch date, as may be notified within a period of five years by the State Government in this\nregard, cause the forensic expert to visit the crime scene to collect forensic evidence in the\noffence and also cause videography of the process on mobile phone or any other electronic\ndevice:\nProvided that where forensic facility is not available in respect of any such offence,\nthe State Government shall, until the facility in respect of that matter is developed or made\nin the State, notify the utilisation of such facility of any other State.\n177. (1) Every report sent to a Magistrate under section 176 shall, if the State Report how\nGovernment so directs, be submitted through such superior officer of police as the State submitted.\nGovernment, by general or special order, appoints in that behalf.\n(2) Such superior officer may give such instructions to the officer in charge of the\npolice station as he thinks fit, and shall, after recording such instructions on such report,\ntransmit the same without delay to the Magistrate.\n178. The Magistrate, on receiving a report under section 176, may direct an\ninvestigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to\nhim to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the\nmanner provided in this Sanhita.\n\nPower to hold\ninvestigation\nor preliminary\ninquiry.\n\n179. (1) Any police officer making an investigation under this Chapter may, by order\nin writing, require the attendance before himself of any person being within the limits of his\nown or any adjoining station who, from the information given or otherwise, appears to be\nacquainted with the facts and circumstances of the case; and such person shall attend as so\nrequired:\n\nPolice\nofficer's power\nto require\nattendance of\nwitnesses.\n\nProvided that no male person under the age of fifteen years or above the age of\nsixty years or a woman or a mentally or physically disabled person or a person with acute illness\nshall be required to attend at any place other than the place in which such person resides:\nProvided further that if such person is willing to attend at the police station, such\nperson may be permitted so to do.\n(2) The State Government may, by rules made in this behalf, provide for the payment\nby the police officer of the reasonable expenses of every person, attending under\nsub-section (1) at any place other than his residence.\n180. (1) Any police officer making an investigation under this Chapter, or any police Examination\nofficer not below such rank as the State Government may, by general or special order, of witnesses\nprescribe in this behalf, acting on the requisition of such officer, may examine orally any by police.\nperson supposed to be acquainted with the facts and circumstances of the case.\n(2) Such person shall be bound to answer truly all questions relating to such case put\nto him by such officer, other than questions the answers to which would have a tendency\nto expose him to a criminal charge or to a penalty or forfeiture.\n(3) The police officer may reduce into writing any statement made to him in the course\nof an examination under this section; and if he does so, he shall make a separate and true\nrecord of the statement of each such person whose statement he records:\nProvided that statement made under this sub-section may also be recorded by\naudio-video electronic means:\nProvided further that the statement of a woman against whom an offence under\nsection 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71,\n\n\f56\nsection 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the\nBharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be\nrecorded, by a woman police officer or any woman officer.\nStatements to\npolice and use\nthereof.\n\n181. (1) No statement made by any person to a police officer in the course of an\ninvestigation under this Chapter, shall, if reduced to writing, be signed by the person\nmaking it; nor shall any such statement or any record thereof, whether in a police diary or\notherwise, or any part of such statement or record, be used for any purpose, save as\nhereinafter provided, at any inquiry or trial in respect of any offence under investigation at\nthe time when such statement was made:\nProvided that when any witness is called for the prosecution in such inquiry or trial\nwhose statement has been reduced into writing as aforesaid, any part of his statement, if\nduly proved, may be used by the accused, and with the permission of the Court, by the\nprosecution, to contradict such witness in the manner provided by section 148 of the\nBharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any\npart thereof may also be used in the re-examination of such witness, but for the purpose\nonly of explaining any matter referred to in his cross-examination.\n(2) Nothing in this section shall be deemed to apply to any statement falling within\nthe provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to\naffect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.\nExplanation.—An omission to state a fact or circumstance in the statement referred\nto in sub-section (1) may amount to contradiction if the same appears to be significant and\notherwise relevant having regard to the context in which such omission occurs and whether\nany omission amounts to a contradiction in the particular context shall be a question of fact.\n\nNo inducement\nto be offered.\n\n182. (1) No police officer or other person in authority shall offer or make, or cause to\nbe offered or made, any such inducement, threat or promise as is mentioned in section 22 of\nthe Bharatiya Sakshya Adhiniyam, 2023.\n(2) But no police officer or other person shall prevent, by any caution or otherwise,\nany person from making in the course of any investigation under this Chapter any statement\nwhich he may be disposed to make of his own free will:\nProvided that nothing in this sub-section shall affect the provisions of sub-section (4)\nof section 183.\n\nRecording of\nconfessions\nand\nstatements.\n\n183. (1) Any Magistrate of the District in which the information about commission of\nany offence has been registered, may, whether or not he has jurisdiction in the case, record\nany confession or statement made to him in the course of an investigation under this\nChapter or under any other law for the time being in force, or at any time afterwards but\nbefore the commencement of the inquiry or trial:\nProvided that any confession or statement made under this sub-section may also be\nrecorded by audio-video electronic means in the presence of the advocate of the person\naccused of an offence:\nProvided further that no confession shall be recorded by a police officer on whom any\npower of a Magistrate has been conferred under any law for the time being in force.\n(2) The Magistrate shall, before recording any such confession, explain to the person\nmaking it that he is not bound to make a confession and that, if he does so, it may be used\nas evidence against him; and the Magistrate shall not record any such confession unless,\nupon questioning the person making it, he has reason to believe that it is being made\nvoluntarily.\n(3) If at any time before the confession is recorded, the person appearing before the\nMagistrate states that he is not willing to make the confession, the Magistrate shall not\nauthorise the detention of such person in police custody.\n\n\f57\n(4) Any such confession shall be recorded in the manner provided in section 316 for\nrecording the examination of an accused person and shall be signed by the person making\nthe confession; and the Magistrate shall make a memorandum at the foot of such record to\nthe following effect:—\n\"I have explained to (name) that he is not bound to make a confession and that,\nif he does so, any confession he may make may be used as evidence against him and\nI believe that this confession was voluntarily made. It was taken in my presence and\nhearing, and was read over to the person making it and admitted by him to be correct,\nand it contains a full and true account of the statement made by him.\n(Signed) A. B.\nMagistrate.\".\n(5) Any statement (other than a confession) made under sub-section (1) shall be\nrecorded in such manner hereinafter provided for the recording of evidence as is, in the\nopinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate\nshall have power to administer oath to the person whose statement is so recorded.\n(6) (a) In cases punishable under section 64, section 65, section 66, section 67,\nsection 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,\nsection 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate\nshall record the statement of the person against whom such offence has been committed in\nthe manner specified in sub-section (5), as soon as the commission of the offence is brought\nto the notice of the police:\nProvided that such statement shall, as far as practicable, be recorded by a woman\nMagistrate and in her absence by a male Magistrate in the presence of a woman:\nProvided further that in cases relating to the offences punishable with imprisonment\nfor ten years or more or with imprisonment for life or with death, the Magistrate shall record\nthe statement of the witness brought before him by the police officer:\nProvided also that if the person making the statement is temporarily or permanently,\nmentally or physically disabled, the Magistrate shall take the assistance of an interpreter or\na special educator in recording the statement:\nProvided also that if the person making the statement is temporarily or permanently,\nmentally or physically disabled, the statement made by the person, with the assistance of\nan interpreter or a special educator, shall be recorded through audio-video electronic means\npreferably by mobile phone;\n(b) a statement recorded under clause (a) of a person, who is temporarily or\npermanently, mentally or physically disabled, shall be considered a statement in lieu of\nexamination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023\nsuch that the maker of the statement can be cross-examined on such statement, without the\nneed for recording the same at the time of trial.\n(7) The Magistrate recording a confession or statement under this section shall\nforward it to the Magistrate by whom the case is to be inquired into or tried.\n184. (1) Where, during the stage when an offence of committing rape or attempt to\ncommit rape is under investigation, it is proposed to get the person of the woman with\nwhom rape is alleged or attempted to have been committed or attempted, examined by a\nmedical expert, such examination shall be conducted by a registered medical practitioner\nemployed in a hospital run by the Government or a local authority and in the absence of\nsuch a practitioner, by any other registered medical practitioner, with the consent of such\nwoman or of a person competent to give such consent on her behalf and such woman shall\nbe sent to such registered medical practitioner within twenty-four hours from the time of\nreceiving the information relating to the commission of such offence.\n\nMedical\nexamination\nof victim of\nrape.\n\n\f58\n(2) The registered medical practitioner, to whom such woman is sent, shall, without\ndelay, examine her person and prepare a report of his examination giving the following\nparticulars, namely:—\n(i) the name and address of the woman and of the person by whom she was\nbrought;\n(ii) the age of the woman;\n(iii) the description of material taken from the person of the woman for\nDNA profiling;\n(iv) marks of injury, if any, on the person of the woman;\n(v) general mental condition of the woman; and\n(vi) other material particulars in reasonable detail.\n(3) The report shall state precisely the reasons for each conclusion arrived at.\n(4) The report shall specifically record that the consent of the woman or of the person\ncompetent to give such consent on her behalf to such examination had been obtained.\n(5) The exact time of commencement and completion of the examination shall also be\nnoted in the report.\n(6) The registered medical practitioner shall, within a period of seven days forward\nthe report to the investigating officer who shall forward it to the Magistrate referred to in\nsection 193 as part of the documents referred to in clause (a) of sub-section (6) of that\nsection.\n(7) Nothing in this section shall be construed as rendering lawful any examination\nwithout the consent of the woman or of any person competent to give such consent on her\nbehalf.\nExplanation.—For the purposes of this section, \"examination\" and \"registered\nmedical practitioner\" shall have the same meanings as respectively assigned to them in\nsection 51.\nSearch by\npolice officer.\n\n185. (1) Whenever an officer in charge of a police station or a police officer making an\ninvestigation has reasonable grounds for believing that anything necessary for the purposes\nof an investigation into any offence which he is authorised to investigate may be found in\nany place within the limits of the police station of which he is in charge, or to which he is\nattached, and that such thing cannot in his opinion be otherwise obtained without undue\ndelay, such officer may, after recording in writing the grounds of his belief in the case-diary\nand specifying in such writing, so far as possible, the thing for which search is to be made,\nsearch, or cause search to be made, for such thing in any place within the limits of such\nstation.\n(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the\nsearch in person:\nProvided that the search conducted under this section shall be recorded through\naudio-video electronic means preferably by mobile phone.\n(3) If he is unable to conduct the search in person, and there is no other person\ncompetent to make the search present at the time, he may, after recording in writing his\nreasons for so doing, require any officer subordinate to him to make the search, and he shall\ndeliver to such subordinate officer an order in writing, specifying the place to be searched,\nand so far as possible, the thing for which search is to be made; and such subordinate\nofficer may thereupon search for such thing in such place.\n\n\f59\n(4) The provisions of this Sanhita as to search-warrants and the general provisions as\nto searches contained in section 103 shall, so far as may be, apply to a search made under\nthis section.\n(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith,\nbut not later than forty-eight hours, be sent to the nearest Magistrate empowered to take\ncognizance of the offence, and the owner or occupier of the place searched shall, on\napplication, be furnished, free of cost, with a copy of the same by the Magistrate.\n186. (1) An officer in charge of a police station or a police officer not being below the\nrank of sub-inspector making an investigation may require an officer in charge of another\npolice station, whether in the same or a different district, to cause a search to be made in any\nplace, in any case in which the former officer might cause such search to be made, within the\nlimits of his own station.\n(2) Such officer, on being so required, shall proceed according to the provisions of\nsection 185, and shall forward the thing found, if any, to the officer at whose request the\nsearch was made.\n\nWhen officer\nin charge of\npolice station\nmay require\nanother to\nissue searchwarrant.\n\n(3) Whenever there is reason to believe that the delay occasioned by requiring an\nofficer in charge of another police station to cause a search to be made under\nsub-section (1) might result in evidence of the commission of an offence being concealed or\ndestroyed, it shall be lawful for an officer in charge of a police station or a police officer\nmaking any investigation under this Chapter to search, or cause to be searched, any place\nin the limits of another police station in accordance with the provisions of section 185, as if\nsuch place were within the limits of his own police station.\n(4) Any officer conducting a search under sub-section (3) shall forthwith send notice\nof the search to the officer in charge of the police station within the limits of which such\nplace is situate, and shall also send with such notice a copy of the list (if any) prepared\nunder section 103, and shall also send to the nearest Magistrate empowered to take\ncognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of\nsection 185.\n(5) The owner or occupier of the place searched shall, on application, be furnished\nfree of cost with a copy of any record sent to the Magistrate under sub-section (4).\n187. (1) Whenever any person is arrested and detained in custody, and it appears\nthat the investigation cannot be completed within the period of twenty-four hours fixed by\nsection 58, and there are grounds for believing that the accusation or information is\nwell-founded, the officer in charge of the police station or the police officer making the\ninvestigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the\nnearest Magistrate a copy of the entries in the diary hereinafter specified relating to the\ncase, and shall at the same time forward the accused to such Magistrate.\n(2) The Magistrate to whom an accused person is forwarded under this section may,\nirrespective of whether he has or has no jurisdiction to try the case, after taking into\nconsideration whether such person has not been released on bail or his bail has been\ncancelled, authorise, from time to time, the detention of the accused in such custody as\nsuch Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at\nany time during the initial forty days or sixty days out of detention period of sixty days or\nninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction\nto try the case or commit it for trial, and considers further detention unnecessary, he may\norder the accused to be forwarded to a Magistrate having such jurisdiction.\n(3) The Magistrate may authorise the detention of the accused person, beyond the\nperiod of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no\nMagistrate shall authorise the detention of the accused person in custody under this\nsub-section for a total period exceeding—\n\nProcedure\nwhen\ninvestigation\ncannot be\ncompleted in\ntwenty-four\nhours.\n\n\f60\n(i) ninety days, where the investigation relates to an offence punishable with\ndeath, imprisonment for life or imprisonment for a term of ten years or more;\n(ii) sixty days, where the investigation relates to any other offence,\nand, on the expiry of the said period of ninety days, or sixty days, as the case may be, the\naccused person shall be released on bail if he is prepared to and does furnish bail, and every\nperson released on bail under this sub-section shall be deemed to be so released under the\nprovisions of Chapter XXXV for the purposes of that Chapter.\n(4) No Magistrate shall authorise detention of the accused in custody of the police\nunder this section unless the accused is produced before him in person for the first time and\nsubsequently every time till the accused remains in the custody of the police, but the\nMagistrate may extend further detention in judicial custody on production of the accused\neither in person or through the audio-video electronic means.\n(5) No Magistrate of the second class, not specially empowered in this behalf by the\nHigh Court, shall authorise detention in the custody of the police.\nExplanation I.—For the avoidance of doubts, it is hereby declared that,\nnotwithstanding the expiry of the period specified in sub-section (3), the accused shall be\ndetained in custody so long as he does not furnish bail.\nExplanation II.—If any question arises whether an accused person was produced\nbefore the Magistrate as required under sub-section (4), the production of the accused\nperson may be proved by his signature on the order authorising detention or by the order\ncertified by the Magistrate as to production of the accused person through the audio-video\nelectronic means, as the case may be:\nProvided that in case of a woman under eighteen years of age, the detention shall be\nauthorised to be in the custody of a remand home or recognised social institution:\nProvided further that no person shall be detained otherwise than in police station\nunder police custody or in prison under judicial custody or a place declared as prison by the\nCentral Government or the State Government.\n(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the\nofficer in charge of the police station or the police officer making the investigation, if he is\nnot below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to\nthe nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred,\na copy of the entry in the diary hereinafter specified relating to the case, and shall, at the\nsame time, forward the accused to such Executive Magistrate, and thereupon such Executive\nMagistrate, may, for reasons to be recorded in writing, authorise the detention of the\naccused person in such custody as he may think fit for a term not exceeding seven days in\nthe aggregate; and, on the expiry of the period of detention so authorised, the accused\nperson shall be released on bail except where an order for further detention of the accused\nperson has been made by a Magistrate competent to make such order; and, where an order\nfor such further detention is made, the period during which the accused person was detained\nin custody under the orders made by an Executive Magistrate under this sub-section, shall\nbe taken into account in computing the period specified in sub-section (3):\nProvided that before the expiry of the period aforesaid, the Executive Magistrate shall\ntransmit to the nearest Judicial Magistrate the records of the case together with a copy of\nthe entries in the diary relating to the case which was transmitted to him by the officer in\ncharge of the police station or the police officer making the investigation, as the case may\nbe.\n(7) A Magistrate authorising under this section detention in the custody of the police\nshall record his reasons for so doing.\n\n\f61\n(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall\nforward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.\n(9) If in any case triable by a Magistrate as a summons-case, the investigation is not\nconcluded within a period of six months from the date on which the accused was arrested,\nthe Magistrate shall make an order stopping further investigation into the offence unless\nthe officer making the investigation satisfies the Magistrate that for special reasons and in\nthe interests of justice the continuation of the investigation beyond the period of six\nmonths is necessary.\n(10) Where any order stopping further investigation into an offence has been made\nunder sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to\nhim or otherwise, that further investigation into the offence ought to be made, vacate the\norder made under sub-section (9) and direct further investigation to be made into the\noffence subject to such directions with regard to bail and other matters as he may specify.\n188. When any subordinate police officer has made any investigation under this\nChapter, he shall report the result of such investigation to the officer in charge of the police\nstation.\n\nReport of\ninvestigation\nby subordinate\npolice officer.\n\n189. If, upon an investigation under this Chapter, it appears to the officer in charge of\nthe police station that there is not sufficient evidence or reasonable ground of suspicion to\njustify the forwarding of the accused to a Magistrate, such officer shall, if such person is in\ncustody, release him on his executing a bond or bail bond, as such officer may direct, to\nappear, if and when so required, before a Magistrate empowered to take cognizance of the\noffence on a police report, and to try the accused or commit him for trial.\n\nRelease of\naccused when\nevidence\ndeficient.\n\n190. (1) If, upon an investigation under this Chapter, it appears to the officer in charge\nof the police station that there is sufficient evidence or reasonable ground as aforesaid,\nsuch officer shall forward the accused under custody to a Magistrate empowered to take\ncognizance of the offence upon a police report and to try the accused or commit him for trial,\nor, if the offence is bailable and the accused is able to give security, shall take security from\nhim for his appearance before such Magistrate on a day fixed and for his attendance from\nday to day before such Magistrate until otherwise directed:\n\nCases to be\nsent to\nMagistrate,\nwhen evidence\nis sufficient.\n\nProvided that if the accused is not in custody, the police officer shall take security\nfrom such person for his appearance before the Magistrate and the Magistrate to whom\nsuch report is forwarded shall not refuse to accept the same on the ground that the accused\nis not taken in custody.\n(2) When the officer in charge of a police station forwards an accused person to a\nMagistrate or takes security for his appearance before such Magistrate under this section,\nhe shall send to such Magistrate any weapon or other article which it may be necessary to\nproduce before him, and shall require the complainant (if any) and so many of the persons\nwho appear to such officer to be acquainted with the facts and circumstances of the case as\nhe may think necessary, to execute a bond to appear before the Magistrate as thereby\ndirected and prosecute or give evidence (as the case may be) in the matter of the charge\nagainst the accused.\n(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court\nshall be held to include any Court to which such Magistrate may refer the case for inquiry\nor trial, provided reasonable notice of such reference is given to such complainant or\npersons.\n(4) The officer in whose presence the bond is executed shall deliver a copy thereof to\none of the persons who executed it, and shall then send to the Magistrate the original with\nhis report.\n\n\f62\nComplainant\nand witnesses\nnot to be\nrequired to\naccompany\npolice officer\nand not to be\nsubject to\nrestraint.\n\n191. No complainant or witness on his way to any Court shall be required to accompany\na police officer, or shall be subjected to unnecessary restraint or inconvenience, or required\nto give any security for his appearance other than his own bond:\n\nDiary of\nproceedings in\ninvestigation.\n\n192. (1) Every police officer making an investigation under this Chapter shall day by\nday enter his proceedings in the investigation in a diary, setting forth the time at which the\ninformation reached him, the time at which he began and closed his investigation, the place\nor places visited by him, and a statement of the circumstances ascertained through his\ninvestigation.\n\nProvided that if any complainant or witness refuses to attend or to execute a bond as\ndirected in section 190, the officer in charge of the police station may forward him in\ncustody to the Magistrate, who may detain him in custody until he executes such bond, or\nuntil the hearing of the case is completed.\n\n(2) The statements of witnesses recorded during the course of investigation under\nsection 180 shall be inserted in the case diary.\n(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.\n(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial\nin such Court, and may use such diaries, not as evidence in the case, but to aid it in such\ninquiry or trial.\n(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor\nshall he or they be entitled to see them merely because they are referred to by the Court; but,\nif they are used by the police officer who made them to refresh his memory, or if the Court\nuses them for the purpose of contradicting such police officer, the provisions of section 148\nor section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.\nReport of\npolice officer\non completion\nof\ninvestigation.\n\n193. (1) Every investigation under this Chapter shall be completed without\nunnecessary delay.\n(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71\nof the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection\nof Children from Sexual Offences Act, 2012 shall be completed within two months from the 32 of 2012 .\ndate on which the information was recorded by the officer in charge of the police station.\n(3) (i) As soon as the investigation is completed, the officer in charge of the police\nstation shall forward, including through electronic communication to a Magistrate empowered\nto take cognizance of the offence on a police report, a report in the form as the State\nGovernment may, by rules provide, stating—\n(a) the names of the parties;\n(b) the nature of the information;\n(c) the names of the persons who appear to be acquainted with the circumstances\nof the case;\n(d) whether any offence appears to have been committed and, if so, by whom;\n(e) whether the accused has been arrested;\n(f) whether the accused has been released on his bond or bail bond;\n(g) whether the accused has been forwarded in custody under section 190;\n(h) whether the report of medical examination of the woman has been attached\nwhere investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or\nsection 71 of the Bharatiya Nyaya Sanhita, 2023;\n(i) the sequence of custody in case of electronic device;\n\n\f63\n(ii) the police officer shall, within a period of ninety days, inform the progress of the\ninvestigation by any means including through electronic communication to the informant\nor the victim;\n(iii) the officer shall also communicate, in such manner as the State Government may,\nby rules, provide, the action taken by him, to the person, if any, by whom the information\nrelating to the commission of the offence was first given.\n(4) Where a superior officer of police has been appointed under section 177, the\nreport shall, in any case in which the State Government by general or special order so\ndirects, be submitted through that officer, and he may, pending the orders of the Magistrate,\ndirect the officer in charge of the police station to make further investigation.\n(5) Whenever it appears from a report forwarded under this section that the accused\nhas been released on his bond or bail bond, the Magistrate shall make such order for the\ndischarge of such bond or bail bond or otherwise as he thinks fit.\n(6) When such report is in respect of a case to which section 190 applies, the police\nofficer shall forward to the Magistrate along with the report—\n(a) all documents or relevant extracts thereof on which the prosecution proposes\nto rely other than those already sent to the Magistrate during investigation;\n(b) the statements recorded under section 180 of all the persons whom the\nprosecution proposes to examine as its witnesses.\n(7) If the police officer is of opinion that any part of any such statement is not relevant\nto the subject matter of the proceedings or that its disclosure to the accused is not essential\nin the interests of justice and is inexpedient in the public interest, he shall indicate that part\nof the statement and append a note requesting the Magistrate to exclude that part from the\ncopies to be granted to the accused and stating his reasons for making such request.\n(8) Subject to the provisions contained in sub-section (7), the police officer\ninvestigating the case shall also submit such number of copies of the police report along\nwith other documents duly indexed to the Magistrate for supply to the accused as required\nunder section 230:\nProvided that supply of report and other documents by electronic communication\nshall be considered as duly served.\n(9) Nothing in this section shall be deemed to preclude further investigation in respect\nof an offence after a report under sub-section (3) has been forwarded to the Magistrate and,\nwhere upon such investigation, the officer in charge of the police station obtains further\nevidence, oral or documentary, he shall forward to the Magistrate a further report or reports\nregarding such evidence in the form as the State Government may, by rules, provide; and\nthe provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such\nreport or reports as they apply in relation to a report forwarded under sub-section (3):\nProvided that further investigation during the trial may be conducted with the\npermission of the Court trying the case and the same shall be completed within a period of\nninety days which may be extended with the permission of the Court.\n194. (1) When the officer in charge of a police station or some other police officer\nspecially empowered by the State Government in that behalf receives information that a\nperson has committed suicide, or has been killed by another or by an animal or by machinery\nor by an accident, or has died under circumstances raising a reasonable suspicion that\nsome other person has committed an offence, he shall immediately give intimation thereof\nto the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise\ndirected by any rule made by the State Government, or by any general or special order of the\nDistrict or Sub-divisional Magistrate, shall proceed to the place where the body of such\ndeceased person is, and there, in the presence of two or more respectable inhabitants of the\n\nPolice to\nenquire and\nreport on\nsuicide, etc.\n\n\f64\nneighbourhood, shall make an investigation, and draw up a report of the apparent cause of\ndeath, describing such wounds, fractures, bruises, and other marks of injury as may be\nfound on the body, and stating in what manner, or by what weapon or instrument\n(if any), such marks appear to have been inflicted.\n(2) The report shall be signed by such police officer and other persons, or by so many\nof them as concur therein, and shall be forwarded to the District Magistrate or the\nSub-divisional Magistrate within twenty-four hours.\n(3) When—\n(i) the case involves suicide by a woman within seven years of her marriage; or\n(ii) the case relates to the death of a woman within seven years of her marriage\nin any circumstances raising a reasonable suspicion that some other person committed\nan offence in relation to such woman; or\n(iii) the case relates to the death of a woman within seven years of her marriage\nand any relative of the woman has made a request in this behalf; or\n(iv) there is any doubt regarding the cause of death; or\n(v) the police officer for any other reason considers it expedient so to do,\nhe shall, subject to such rules as the State Government may prescribe in this behalf, forward\nthe body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified\nmedical person appointed in this behalf by the State Government, if the state of the weather\nand the distance admit of its being so forwarded without risk of such putrefaction on the\nroad as would render such examination useless.\n(4) The following Magistrates are empowered to hold inquests, namely, any District\nMagistrate or Sub-divisional Magistrate and any other Executive Magistrate specially\nempowered in this behalf by the State Government or the District Magistrate.\nPower to\nsummon\npersons.\n\n195. (1) A police officer proceeding under section 194 may, by order in writing, summon\ntwo or more persons as aforesaid for the purpose of the said investigation, and any other\nperson who appears to be acquainted with the facts of the case and every person so\nsummoned shall be bound to attend and to answer truly all questions other than questions\nthe answers to which would have a tendency to expose him to a criminal charge or to a\npenalty or forfeiture:\nProvided that no male person under the age of fifteen years or above the age of sixty\nyears or a woman or a mentally or physically disabled person or a person with acute illness\nshall be required to attend at any place other than the place where such person resides:\nProvided further that if such person is willing to attend and answer at the police\nstation, such person may be permitted so to do.\n(2) If the facts do not disclose a cognizable offence to which section 190 applies, such\npersons shall not be required by the police officer to attend a Magistrate's Court.\n\nInquiry by\nMagistrate\ninto cause of\ndeath.\n\n196. (1) When the case is of the nature referred to in clause (i) or clause (ii) of\nsub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall,\nand in any other case mentioned in sub-section (1) of section 194, any Magistrate so\nempowered may hold an inquiry into the cause of death either instead of, or in addition to,\nthe investigation held by the police officer; and if he does so, he shall have all the powers\nin conducting it which he would have in holding an inquiry into an offence.\n(2) Where,—\n(a) any person dies or disappears; or\n(b) rape is alleged to have been committed on any woman,\nwhile such person or woman is in the custody of the police or in any other custody authorised\n\n\f65\nby the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation\nheld by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction\nthe offence has been committed.\n(3) The Magistrate holding such an inquiry shall record the evidence taken by him in\nconnection therewith in any manner hereinafter specified according to the circumstances of\nthe case.\n(4) Whenever such Magistrate considers it expedient to make an examination of the\ndead body of any person who has been already interred, in order to discover the cause of\nhis death, the Magistrate may cause the body to be disinterred and examined.\n(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever\npracticable, inform the relatives of the deceased whose names and addresses are known,\nand shall allow them to remain present at the inquiry.\n(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry\nor investigation under sub-section (2) shall, within twenty-four hours of the death of a\nperson, forward the body with a view to its being examined to the nearest Civil Surgeon or\nother qualified medical person appointed in this behalf by the State Government, unless it\nis not possible to do so for reasons to be recorded in writing.\nExplanation.—In this section, the expression \"relative\" means parents, children,\nbrothers, sisters and spouse.\nCHAPTER XIV\nJURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS\n197. Every offence shall ordinarily be inquired into and tried by a Court within whose Ordinary place\nof inquiry and\nlocal jurisdiction it was committed.\ntrial.\n\n198. (a) When it is uncertain in which of several local areas an offence was Place of\ninquiry or\ncommitted; or\n(b) where an offence is committed partly in one local area and partly in another; or\n\ntrial.\n\n(c) where an offence is a continuing one, and continues to be committed in more local\nareas than one; or\n(d) where it consists of several acts done in different local areas,\nit may be inquired into or tried by a Court having jurisdiction over any of such local areas.\n199. When an act is an offence by reason of anything which has been done and of a Offence\nconsequence which has ensued, the offence may be inquired into or tried by a Court within triable where\nact is done or\nwhose local jurisdiction such thing has been done or such consequence has ensued.\nconsequence\nensues.\n\n200. When an act is an offence by reason of its relation to any other act which is also\nan offence or which would be an offence if the doer were capable of committing an offence,\nthe first-mentioned offence may be inquired into or tried by a Court within whose local\njurisdiction either act was done.\n\nPlace of trial\nwhere act is an\noffence by\nreason of\nrelation to\nother offence.\n\n201. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of Place of trial\ndacoits, or of escaping from custody, may be inquired into or tried by a Court within whose in case of\ncertain\nlocal jurisdiction the offence was committed or the accused person is found.\n(2) Any offence of kidnapping or abduction of a person may be inquired into or tried\nby a Court within whose local jurisdiction the person was kidnapped or abducted or was\nconveyed or concealed or detained.\n(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court\nwithin whose local jurisdiction the offence was committed or the stolen property which is\n\noffences.\n\n\f66\nthe subject of the offence was possessed by any person committing it or by any person\nwho received or retained such property knowing or having reason to believe it to be stolen\nproperty.\n(4) Any offence of criminal misappropriation or of criminal breach of trust may be\ninquired into or tried by a Court within whose local jurisdiction the offence was committed\nor any part of the property which is the subject of the offence was received or retained, or\nwas required to be returned or accounted for, by the accused person.\n(5) Any offence which includes the possession of stolen property may be inquired\ninto or tried by a Court within whose local jurisdiction the offence was committed or the\nstolen property was possessed by any person who received or retained it knowing or\nhaving reason to believe it to be stolen property.\nOffences\ncommitted by\nmeans of\nelectronic\ncommunications,\nletters, etc.\n\n202. (1) Any offence which includes cheating, may, if the deception is practised by\nmeans of electronic communications or letters or telecommunication messages, be inquired\ninto or tried by any Court within whose local jurisdiction such electronic communications\nor letters or messages were sent or were received; and any offence of cheating and\ndishonestly inducing delivery of property may be inquired into or tried by a Court within\nwhose local jurisdiction the property was delivered by the person deceived or was received\nby the accused person.\n(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023\nmay be inquired into or tried by a Court within whose local jurisdiction the offence was\ncommitted or the offender last resided with his or her spouse by the first marriage, or the wife\nby the first marriage has taken up permanent residence after the commission of the offence.\n\nOffence\ncommitted on\njourney or\nvoyage.\nPlace of trial\nfor offences\ntriable\ntogether.\n\n203. When an offence is committed whilst the person by or against whom, or the\nthing in respect of which, the offence is committed is in the course of performing a journey\nor voyage, the offence may be inquired into or tried by a Court through or into whose local\njurisdiction that person or thing passed in the course of that journey or voyage.\n204. Where—\n(a) the offences committed by any person are such that he may be charged\nwith, and tried at one trial for, each such offence by virtue of the provisions of\nsection 242, section 243 or section 244; or\n(b) the offence or offences committed by several persons are such that they\nmay be charged with and tried together by virtue of the provisions of section 246,\nthe offences may be inquired into or tried by any Court competent to inquire into or try any\nof the offences.\n\nPower to\norder cases to\nbe tried in\ndifferent\nsessions\ndivisions.\n\n205. Notwithstanding anything contained in the preceding provisions of this Chapter,\nthe State Government may direct that any case or class of cases committed for trial in any\ndistrict may be tried in any sessions division:\n\nHigh Court to\ndecide, in case\nof doubt,\ndistrict where\ninquiry or trial\nshall take\nplace.\n\n206. Where two or more Courts have taken cognizance of the same offence and a\nquestion arises as to which of them ought to inquire into or try that offence, the question\nshall be decided—\n\nProvided that such direction is not repugnant to any direction previously issued by\nthe High Court or the Supreme Court under the Constitution, or under this Sanhita or any\nother law for the time being in force.\n\n(a) if the Courts are subordinate to the same High Court, by that High Court;\n(b) if the Courts are not subordinate to the same High Court, by the High Court\nwithin the local limits of whose appellate criminal jurisdiction the proceedings were\nfirst commenced,\nand thereupon all other proceedings in respect of that offence shall be discontinued.\n\n\f67\n207. (1) When a Magistrate of the first class sees reason to believe that any person\nwithin his local jurisdiction has committed outside such jurisdiction (whether within or\noutside India) an offence which cannot, under the provisions of sections 197 to 205 (both\ninclusive), or any other law for the time being in force, be inquired into or tried within such\njurisdiction but is under any law for the time being in force triable in India, such Magistrate\nmay inquire into the offence as if it had been committed within such local jurisdiction and\ncompel such person in the manner hereinbefore provided to appear before him, and send\nsuch person to the Magistrate having jurisdiction to inquire into or try such offence, or, if\nsuch offence is not punishable with death or imprisonment for life and such person is\nready and willing to give bail to the satisfaction of the Magistrate acting under this\nsection, take a bond or bail bond for his appearance before the Magistrate having such\njurisdiction.\n\nPower to issue\nsummons or\nwarrant for\noffence\ncommitted\nbeyond local\njurisdiction.\n\n(2) When there are more Magistrates than one having such jurisdiction and the\nMagistrate acting under this section cannot satisfy himself as to the Magistrate to or before\nwhom such person should be sent or bound to appear, the case shall be reported for the\norders of the High Court.\n208. When an offence is committed outside India—\n(a) by a citizen of India, whether on the high seas or elsewhere; or\nIndia,\n\nOffence\ncommitted\noutside India.\n\n(b) by a person, not being such citizen, on any ship or aircraft registered in\n\nhe may be dealt with in respect of such offence as if it had been committed at any place\nwithin India at which he may be found or where the offence is registered in India:\nProvided that notwithstanding anything in any of the preceding sections of this\nChapter, no such offence shall be inquired into or tried in India except with the previous\nsanction of the Central Government.\n209. When any offence alleged to have been committed in a territory outside India is\nbeing inquired into or tried under the provisions of section 208, the Central Government\nmay, if it thinks fit, direct that copies of depositions made or exhibits produced, either in\nphysical form or in electronic form, before a judicial officer, in or for that territory or before\na diplomatic or consular representative of India in or for that territory shall be received as\nevidence by the Court holding such inquiry or trial in any case in which such Court might\nissue a commission for taking evidence as to the matters to which such depositions or\nexhibits relate.\n\nReceipt of\nevidence\nrelating to\noffences\ncommitted\noutside India.\n\nCHAPTER XV\nCONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS\n210. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, Cognizance of\nand any Magistrate of the second class specially empowered in this behalf under offences by\nMagistrate.\nsub-section (2), may take cognizance of any offence—\n(a) upon receiving a complaint of facts, including any complaint filed by a\nperson authorised under any special law, which constitutes such offence;\n(b) upon a police report (submitted in any mode including electronic mode) of\nsuch facts;\n(c) upon information received from any person other than a police officer, or\nupon his own knowledge, that such offence has been committed.\n(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to\ntake cognizance under sub-section (1) of such offences as are within his competence to\ninquire into or try.\n\n\f68\nTransfer on\napplication of\naccused.\n\n211. When a Magistrate takes cognizance of an offence under clause (c) of\nsub-section (1) of section 210, the accused shall, before any evidence is taken, be informed\nthat he is entitled to have the case inquired into or tried by another Magistrate, and if the\naccused or any of the accused, if there be more than one, objects to further proceedings\nbefore the Magistrate taking cognizance, the case shall be transferred to such other Magistrate\nas may be specified by the Chief Judicial Magistrate in this behalf.\n\nMaking over\nof cases to\nMagistrates.\n\n212. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence,\nmake over the case for inquiry or trial to any competent Magistrate subordinate to him.\n(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial\nMagistrate may, after taking cognizance of an offence, make over the case for inquiry or trial\nto such other competent Magistrate as the Chief Judicial Magistrate may, by general or\nspecial order, specify, and thereupon such Magistrate may hold the inquiry or trial.\n\nCognizance of\noffences by\nCourt of\nSession.\n\n213. Except as otherwise expressly provided by this Sanhita or by any other law for\nthe time being in force, no Court of Session shall take cognizance of any offence as a Court\nof original jurisdiction unless the case has been committed to it by a Magistrate under this\nSanhita.\n\nAdditional\nSessions Judges\nto try cases\nmade over to\nthem.\n\n214. An Additional Sessions Judge shall try such cases as the Sessions Judge of the\ndivision may, by general or special order, make over to him for trial or as the High Court may,\nby special order, direct him to try.\n\nProsecution\nfor contempt\nof lawful\nauthority of\npublic\nservants, for\noffences\nagainst public\njustice and for\noffences\nrelating to\ndocuments\ngiven in\nevidence.\n\n215. (1) No Court shall take cognizance—\n(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but\nexcluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or\n(ii) of any abetment of, or attempt to commit, such offence; or\n(iii) of any criminal conspiracy to commit such offence,\nexcept on the complaint in writing of the public servant concerned or of some other public\nservant to whom he is administratively subordinate or of some other public servant who is\nauthorised by the concerned public servant so to do;\n(b) (i) of any offence punishable under any of the following sections of the\nBharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237,\n242 to 248 (both inclusive) and 267, when such offence is alleged to have been\ncommitted in, or in relation to, any proceeding in any Court; or\n(ii) of any offence described in sub-section (1) of section 336, or punishable\nunder sub-section (2) of section 340 or section 342 of the said Sanhita, when such\noffence is alleged to have been committed in respect of a document produced or\ngiven in evidence in a proceeding in any Court; or\n(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment\nof, any offence specified in sub-clause (i) or sub-clause (ii),\nexcept on the complaint in writing of that Court or by such officer of the Court as that Court\nmay authorise in writing in this behalf, or of some other Court to which that Court is\nsubordinate.\n\n\f69\n(2) Where a complaint has been made by a public servant or by some other public\nservant who has been authorised to do so by him under clause (a) of sub-section (1), any\nauthority to which he is administratively subordinate or who has authorised such public\nservant, may, order the withdrawal of the complaint and send a copy of such order to the\nCourt; and upon its receipt by the Court, no further proceedings shall be taken on the\ncomplaint:\nProvided that no such withdrawal shall be ordered if the trial in the Court of first\ninstance has been concluded.\n(3) In clause (b) of sub-section (1), the term \"Court\" means a Civil, Revenue or\nCriminal Court, and includes a tribunal constituted by or under a Central or State Act if\ndeclared by that Act to be a Court for the purposes of this section.\n(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be\nsubordinate to the Court to which appeals ordinarily lie from the appealable decrees or\nsentences of such former Court, or in the case of a Civil Court from whose decrees no appeal\nordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose\nlocal jurisdiction such Civil Court is situate:\nProvided that—\n(a) where appeals lie to more than one Court, the Appellate Court of inferior\njurisdiction shall be the Court to which such Court shall be deemed to be subordinate;\n(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be\ndeemed to be subordinate to the Civil or Revenue Court according to the nature of the\ncase or proceeding in connection with which the offence is alleged to have been\ncommitted.\n216. A witness or any other person may file a complaint in relation to an offence Procedure for\nwitnesses in\nunder section 232 of the Bharatiya Nyaya Sanhita, 2023.\ncase of\nthreatening,\netc.\n\n217. (1) No Court shall take cognizance of—\n(a) any offence punishable under Chapter VII or under section 196, section 299\nor sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or\n(b) a criminal conspiracy to commit such offence; or\n(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya\nSanhita, 2023,\nexcept with the previous sanction of the Central Government or of the State Government.\n(2) No Court shall take cognizance of—\n(a) any offence punishable under section 197 or sub-section (2) or\nsub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or\n(b) a criminal conspiracy to commit such offence,\nexcept with the previous sanction of the Central Government or of the State Government or\nof the District Magistrate.\n(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable\nunder sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a\ncriminal conspiracy to commit an offence punishable with death, imprisonment for life or\nrigorous imprisonment for a term of two years or upwards, unless the State Government or\nthe District Magistrate has consented in writing to the initiation of the proceedings:\n\nProsecution\nfor offences\nagainst State\nand for\ncriminal\nconspiracy to\ncommit such\noffence.\n\n\f70\nProvided that where the criminal conspiracy is one to which the provisions of\nsection 215 apply, no such consent shall be necessary.\n(4) The Central Government or the State Government may, before according sanction\nunder sub-section (1) or sub-section (2) and the District Magistrate may, before according\nsanction under sub-section (2) and the State Government or the District Magistrate may,\nbefore giving consent under sub-section (3), order a preliminary investigation by a police\nofficer not being below the rank of Inspector, in which case such police officer shall have\nthe powers referred to in sub-section (3) of section 174.\nProsecution of\nJudges and\npublic\nservants.\n\n218. (1) When any person who is or was a Judge or Magistrate or a public servant not\nremovable from his office save by or with the sanction of the Government is accused of any\noffence alleged to have been committed by him while acting or purporting to act in the\ndischarge of his official duty, no Court shall take cognizance of such offence except with the\nprevious sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013— 1 of 2014.\n(a) in the case of a person who is employed or, as the case may be, was at the\ntime of commission of the alleged offence employed, in connection with the affairs of\nthe Union, of the Central Government;\n(b) in the case of a person who is employed or, as the case may be, was at the\ntime of commission of the alleged offence employed, in connection with the affairs of\na State, of the State Government:\nProvided that where the alleged offence was committed by a person referred to in\nclause (b) during the period while a Proclamation issued under clause (1) of article 356 of the\nConstitution was in force in a State, clause (b) will apply as if for the expression \"State\nGovernment\" occurring therein, the expression \"Central Government\" were substituted:\nProvided further that such Government shall take a decision within a period of one\nhundred and twenty days from the date of the receipt of the request for sanction and in case\nit fails to do so, the sanction shall be deemed to have been accorded by such Government:\nProvided also that no sanction shall be required in case of a public servant accused of\nany offence alleged to have been committed under section 64, section 65, section 66,\nsection 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,\nsection 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya\nSanhita, 2023.\n(2) No Court shall take cognizance of any offence alleged to have been committed by\nany member of the Armed Forces of the Union while acting or purporting to act in the\ndischarge of his official duty, except with the previous sanction of the Central Government.\n(3) The State Government may, by notification, direct that the provisions of\nsub-section (2) shall apply to such class or category of the members of the Forces charged\nwith the maintenance of public order as may be specified therein, wherever they may be\nserving, and thereupon the provisions of that sub-section will apply as if for the expression\n\"Central Government\" occurring therein, the expression \"State Government\" were\nsubstituted.\n(4) Notwithstanding anything contained in sub-section (3), no Court shall take\ncognizance of any offence, alleged to have been committed by any member of the Forces\ncharged with the maintenance of public order in a State while acting or purporting to act in\nthe discharge of his official duty during the period while a Proclamation issued under\nclause (1) of article 356 of the Constitution was in force therein, except with the previous\nsanction of the Central Government.\n(5) The Central Government or the State Government, may determine the person by\nwhom, the manner in which, and the offence or offences for which, the prosecution of such\nJudge, Magistrate or public servant is to be conducted, and may specify the Court before\nwhich the trial is to be held.\n\n\f71\n219. (1) No Court shall take cognizance of an offence punishable under sections 81 to\n84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by\nsome person aggrieved by the offence:\nProvided that—\n(a) where such person is a child, or is of unsound mind or is having intellectual\ndisability requiring higher support needs, or is from sickness or infirmity unable to\nmake a complaint, or is a woman who, according to the local customs and manners,\nought not to be compelled to appear in public, some other person may, with the leave\nof the Court, make a complaint on his or her behalf;\n(b) where such person is the husband and he is serving in any of the Armed\nForces of the Union under conditions which are certified by his Commanding Officer\nas precluding him from obtaining leave of absence to enable him to make a complaint\nin person, some other person authorised by the husband in accordance with the\nprovisions of sub-section (4) may make a complaint on his behalf;\n(c) where the person aggrieved by an offence punishable under section 82 of\nthe Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf\nby her father, mother, brother, sister, son or daughter or by her father's or mother's\nbrother or sister, or, with the leave of the Court, by any other person related to her by\nblood, marriage or adoption.\n(2) For the purposes of sub-section (1), no person other than the husband of the\nwoman shall be deemed to be aggrieved by any offence punishable under section 84 of the\nBharatiya Nyaya Sanhita, 2023.\n(3) When in any case falling under clause (a) of the proviso to sub-section (1), the\ncomplaint is sought to be made on behalf of a child or of a person of unsound mind by a\nperson who has not been appointed or declared by a competent authority to be the guardian\nof the child, or of the person of unsound mind, and the Court is satisfied that there is a\nguardian so appointed or declared, the Court shall, before granting the application for\nleave, cause notice to be given to such guardian and give him a reasonable opportunity of\nbeing heard.\n(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall\nbe in writing, shall be signed or otherwise attested by the husband, shall contain a statement\nto the effect that he has been informed of the allegations upon which the complaint is to be\nfounded, shall be countersigned by his Commanding Officer, and shall be accompanied by\na certificate signed by that Officer to the effect that leave of absence for the purpose of\nmaking a complaint in person cannot for the time being be granted to the husband.\n(5) Any document purporting to be such an authorisation and complying with the\nprovisions of sub-section (4), and any document purporting to be a certificate required by\nthat sub-section shall, unless the contrary is proved, be presumed to be genuine and shall\nbe received in evidence.\n(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya\nNyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his\nown wife, the wife being under eighteen years of age, if more than one year has elapsed from\nthe date of the commission of the offence.\n\nProsecution\nfor offences\nagainst\nmarriage.\n\n\f72\n(7) The provisions of this section apply to the abetment of, or attempt to commit, an\noffence as they apply to the offence.\nProsecution of\noffences under\nsection 85 of\nBharatiya\nNyaya\nSanhita, 2023.\n\n220. No Court shall take cognizance of an offence punishable under section 85 of the\nBharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such\noffence or upon a complaint made by the person aggrieved by the offence or by her father,\nmother, brother, sister or by her father's or mother's brother or sister or, with the leave of the\nCourt, by any other person related to her by blood, marriage or adoption.\n\nCognizance of\noffence.\n\n221. No Court shall take cognizance of an offence punishable under section 67 of the\nBharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon\nprima facie satisfaction of the facts which constitute the offence upon a complaint having\nbeen filed or made by the wife against the husband.\n\nProsecution\nfor\ndefamation.\n\n222. (1) No Court shall take cognizance of an offence punishable under section 356 of\nthe Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved\nby the offence:\nProvided that where such person is a child, or is of unsound mind or is having\nintellectual disability or is from sickness or infirmity unable to make a complaint, or is a\nwoman who, according to the local customs and manners, ought not to be compelled to\nappear in public, some other person may, with the leave of the Court, make a complaint on\nhis or her behalf.\n(2) Notwithstanding anything contained in this Sanhita, when any offence falling\nunder section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed\nagainst a person who, at the time of such commission, is the President of India, the\nVice-President of India, the Governor of a State, the Administrator of a Union territory or a\nMinister of the Union or of a State or of a Union territory, or any other public servant\nemployed in connection with the affairs of the Union or of a State in respect of his conduct\nin the discharge of his public functions, a Court of Session may take cognizance of such\noffence, without the case being committed to it, upon a complaint in writing made by the\nPublic Prosecutor.\n(3) Every complaint referred to in sub-section (2) shall set forth the facts which\nconstitute the offence alleged, the nature of such offence and such other particulars as are\nreasonably sufficient to give notice to the accused of the offence alleged to have been\ncommitted by him.\n(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except\nwith the previous sanction—\n(a) of the State Government,—\n(i) in the case of a person who is or has been the Governor of that State or\na Minister of that Government;\n(ii) in the case of any other public servant employed in connection with\nthe affairs of the State;\n(b) of the Central Government, in any other case.\n(5) No Court of Session shall take cognizance of an offence under sub-section (2)\nunless the complaint is made within six months from the date on which the offence is alleged\nto have been committed.\n(6) Nothing in this section shall affect the right of the person against whom the\noffence is alleged to have been committed, to make a complaint in respect of that offence\nbefore a Magistrate having jurisdiction or the power of such Magistrate to take cognizance\nof the offence upon such complaint.\n\n\f73\nCHAPTER XVI\nCOMPLAINTS TO MAGISTRATES\n223. (1) A Magistrate having jurisdiction while taking cognizance of an offence on Examination\ncomplaint shall examine upon oath the complainant and the witnesses present, if any, and of complainant.\nthe substance of such examination shall be reduced to writing and shall be signed by the\ncomplainant and the witnesses, and also by the Magistrate:\nProvided that no cognizance of an offence shall be taken by the Magistrate without\ngiving the accused an opportunity of being heard:\nProvided further that when the complaint is made in writing, the Magistrate need not\nexamine the complainant and the witnesses—\n(a) if a public servant acting or purporting to act in the discharge of his official\nduties or a Court has made the complaint; or\n(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate\nunder section 212:\nProvided also that if the Magistrate makes over the case to another Magistrate under\nsection 212 after examining the complainant and the witnesses, the latter Magistrate need\nnot re-examine them.\n(2) A Magistrate shall not take cognizance on a complaint against a public servant for\nany offence alleged to have been committed in course of the discharge of his official\nfunctions or duties unless—\n(a) such public servant is given an opportunity to make assertions as to the\nsituation that led to the incident so alleged; and\n(b) a report containing facts and circumstances of the incident from the officer\nsuperior to such public servant is received.\n224. If the complaint is made to a Magistrate who is not competent to take cognizance Procedure by\nMagistrate not\nof the offence, he shall,—\ncompetent to\n\n(a) if the complaint is in writing, return it for presentation to the proper Court take\ncognizance of\nwith an endorsement to that effect;\n(b) if the complaint is not in writing, direct the complainant to the proper Court.\n\ncase.\n\n225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is Postponement\nauthorised to take cognizance or which has been made over to him under section 212, may, of issue of\nif he thinks fit, and shall, in a case where the accused is residing at a place beyond the area process.\nin which he exercises his jurisdiction, postpone the issue of process against the accused,\nand either inquire into the case himself or direct an investigation to be made by a police\nofficer or by such other person as he thinks fit, for the purpose of deciding whether or not\nthere is sufficient ground for proceeding:\nProvided that no such direction for investigation shall be made,—\n(a) where it appears to the Magistrate that the offence complained of is triable\nexclusively by the Court of Session; or\n(b) where the complaint has not been made by a Court, unless the complainant\nand the witnesses present (if any) have been examined on oath under section 223.\n(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take\nevidence of witnesses on oath:\nProvided that if it appears to the Magistrate that the offence complained of is triable\nexclusively by the Court of Session, he shall call upon the complainant to produce all his\nwitnesses and examine them on oath.\n(3) If an investigation under sub-section (1) is made by a person not being a police\nofficer, he shall have for that investigation all the powers conferred by this Sanhita on an\nofficer in charge of a police station except the power to arrest without warrant.\n\n\f74\nDismissal of\ncomplaint.\n\n226. If, after considering the statements on oath (if any) of the complainant and of the\nwitnesses and the result of the inquiry or investigation (if any) under section 225, the\nMagistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss\nthe complaint, and in every such case he shall briefly record his reasons for so doing.\nCHAPTER XVII\nCOMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES\n\nIssue of\nprocess.\n\n227. (1) If in the opinion of a Magistrate taking cognizance of an offence there is\nsufficient ground for proceeding, and the case appears to be—\n(a) a summons-case, he shall issue summons to the accused for his\nattendance; or\n(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for\ncausing the accused to be brought or to appear at a certain time before such Magistrate\nor (if he has no jurisdiction himself) some other Magistrate having jurisdiction:\nProvided that summons or warrants may also be issued through electronic means.\n(2) No summons or warrant shall be issued against the accused under sub-section (1)\nuntil a list of the prosecution witnesses has been filed.\n(3) In a proceeding instituted upon a complaint made in writing, every summons or\nwarrant issued under sub-section (1) shall be accompanied by a copy of such complaint.\n(4) When by any law for the time being in force any process-fees or other fees are\npayable, no process shall be issued until the fees are paid and, if such fees are not paid\nwithin a reasonable time, the Magistrate may dismiss the complaint.\n(5) Nothing in this section shall be deemed to affect the provisions of section 90.\n\nMagistrate\nmay dispense\nwith personal\nattendance of\naccused.\n\n228. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do,\ndispense with the personal attendance of the accused and permit him to appear by his\nadvocate.\n\nSpecial\nsummons in\ncases of petty\noffence.\n\n229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the\ncase may be summarily disposed of under section 283 or section 284, the Magistrate shall,\nexcept where he is, for reasons to be recorded in writing of a contrary opinion, issue\nsummons to the accused requiring him either to appear in person or by an advocate before\nthe Magistrate on a specified date, or if he desires to plead guilty to the charge without\nappearing before the Magistrate, to transmit before the specified date, by post or by\nmessenger to the Magistrate, the said plea in writing and the amount of fine specified in the\nsummons or if he desires to appear by an advocate and to plead guilty to the charge\nthrough such advocate, to authorise, in writing, the advocate to plead guilty to the charge\non his behalf and to pay the fine through such advocate:\n\n(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any\nstage of the proceedings, direct the personal attendance of the accused, and, if necessary,\nenforce such attendance in the manner hereinbefore provided.\n\nProvided that the amount of the fine specified in such summons shall not exceed five\nthousand rupees.\n(2) For the purposes of this section, \"petty offence\" means any offence punishable\nonly with fine not exceeding five thousand rupees, but does not include any offence so\npunishable under the Motor Vehicles Act, 1988, or under any other law which provides for\nconvicting the accused person in his absence on a plea of guilty.\n(3) The State Government may, by notification, specially empower any Magistrate to\nexercise the powers conferred by sub-section (1) in relation to any offence which is\ncompoundable under section 359 or any offence punishable with imprisonment for a term\nnot exceeding three months, or with fine, or with both where the Magistrate is of opinion\nthat, having regard to the facts and circumstances of the case, the imposition of fine only\nwould meet the ends of justice.\n\n59 of 1988.\n\n\f75\n230. In any case where the proceeding has been instituted on a police report, the\nMagistrate shall without delay, and in no case beyond fourteen days from the date of\nproduction or appearance of the accused, furnish to the accused and the victim (if represented\nby an advocate) free of cost, a copy of each of the following:—\n(i) the police report;\n\nSupply to\naccused of\ncopy of police\nreport and\nother\ndocuments.\n\n(ii) the first information report recorded under section 173;\n(iii) the statements recorded under sub-section (3) of section 180 of all persons\nwhom the prosecution proposes to examine as its witnesses, excluding therefrom any\npart in regard to which a request for such exclusion has been made by the police\nofficer under sub-section (7) of section 193;\n(iv) the confessions and statements, if any, recorded under section 183;\n(v) any other document or relevant extract thereof forwarded to the Magistrate\nwith the police report under sub-section (6) of section 193:\nProvided that the Magistrate may, after perusing any such part of a statement as is\nreferred to in clause (iii) and considering the reasons given by the police officer for the\nrequest, direct that a copy of that part of the statement or of such portion thereof as the\nMagistrate thinks proper, shall be furnished to the accused:\nProvided further that if the Magistrate is satisfied that any such document is\nvoluminous, he shall, instead of furnishing the accused and the victim (if represented by an\nadvocate) with a copy thereof, may furnish the copies through electronic means or direct\nthat he will only be allowed to inspect it either personally or through an advocate in Court:\nProvided also that supply of documents in electronic form shall be considered as duly\nfurnished.\n231. Where, in a case instituted otherwise than on a police report, it appears to the\nMagistrate issuing process under section 227 that the offence is triable exclusively by the\nCourt of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy\nof each of the following:—\n(i) the statements recorded under section 223 or section 225, of all persons\nexamined by the Magistrate;\n(ii) the statements and confessions, if any, recorded under section 180 or\nsection 183;\n\nSupply of\ncopies of\nstatements\nand documents\nto accused in\nother cases\ntriable by\nCourt of\nSession.\n\n(iii) any documents produced before the Magistrate on which the prosecution\nproposes to rely:\nProvided that if the Magistrate is satisfied that any such document is voluminous, he\nshall, instead of furnishing the accused with a copy thereof, direct that he will only be\nallowed to inspect it either personally or through an advocate in Court:\nProvided further that supply of documents in electronic form shall be considered as\nduly furnished.\n232. When in a case instituted on a police report or otherwise, the accused appears or\nis brought before the Magistrate and it appears to the Magistrate that the offence is triable\nexclusively by the Court of Session, he shall—\n(a) commit, after complying with the provisions of section 230 or section 231\nthe case to the Court of Session, and subject to the provisions of this Sanhita relating\nto bail, remand the accused to custody until such commitment has been made;\n(b) subject to the provisions of this Sanhita relating to bail, remand the accused\nto custody during, and until the conclusion of, the trial;\n(c) send to that Court the record of the case and the documents and articles, if\nany, which are to be produced in evidence;\n\nCommitment\nof case to Court\nof Session when\noffence is\ntriable\nexclusively by\nit.\n\n\f76\n(d) notify the Public Prosecutor of the commitment of the case to the Court of\nSession:\nProvided that the proceedings under this section shall be completed within a period\nof ninety days from the date of taking cognizance, and such period may be extended by the\nMagistrate for a period not exceeding one hundred and eighty days for the reasons to be\nrecorded in writing:\nProvided further that any application filed before the Magistrate by the accused or\nthe victim or any person authorised by such person in a case triable by Court of Session,\nshall be forwarded to the Court of Session with the committal of the case.\nProcedure to\nbe followed\nwhen there is\na complaint\ncase and\npolice\ninvestigation\nin respect of\nsame offence.\n\n233. (1) When in a case instituted otherwise than on a police report (hereinafter\nreferred to as a complaint case), it is made to appear to the Magistrate, during the course of\nthe inquiry or trial held by him, that an investigation by the police is in progress in relation\nto the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate\nshall stay the proceedings of such inquiry or trial and call for a report on the matter from the\npolice officer conducting the investigation.\n(2) If a report is made by the investigating police officer under section 193 and on\nsuch report cognizance of any offence is taken by the Magistrate against any person who\nis an accused in the complaint case, the Magistrate shall inquire into or try together the\ncomplaint case and the case arising out of the police report as if both the cases were\ninstituted on a police report.\n(3) If the police report does not relate to any accused in the complaint case or if the\nMagistrate does not take cognizance of any offence on the police report, he shall proceed\nwith the inquiry or trial, which was stayed by him, in accordance with the provisions of this\nSanhita.\nCHAPTER XVIII\nTHE CHARGE\nA.—Form of charges\n\nContents of\ncharge.\n\n234. (1) Every charge under this Sanhita shall state the offence with which the accused\nis charged.\n(2) If the law which creates the offence gives it any specific name, the offence may be\ndescribed in the charge by that name only.\n(3) If the law which creates the offence does not give it any specific name, so much of\nthe definition of the offence must be stated as to give the accused notice of the matter with\nwhich he is charged.\n(4) The law and section of the law against which the offence is said to have been\ncommitted shall be mentioned in the charge.\n(5) The fact that the charge is made is equivalent to a statement that every legal\ncondition required by law to constitute the offence charged was fulfilled in the particular\ncase.\n(6) The charge shall be written in the language of the Court.\n(7) If the accused, having been previously convicted of any offence, is liable, by\nreason of such previous conviction, to enhanced punishment, or to punishment of a different\nkind, for a subsequent offence, and it is intended to prove such previous conviction for the\npurpose of affecting the punishment which the Court may think fit, to award for the\nsubsequent offence, the fact, date and place of the previous conviction shall be stated in\nthe charge; and if such statement has been omitted, the Court may add it at any time before\nsentence is passed.\nIllustrations.\n(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell\nwithin the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya\n\n\f77\nSanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita;\nand that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did\nfall within Exception 1, one or other of the three provisos to that exception applied to it.\n(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya\nSanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for\nshooting. This is equivalent to a statement that the case was not provided for by\nsub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not\napply to it.\n(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using\na false property-mark. The charge may state that A committed murder, or\ncheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya\nSanhita, 2023; but the sections under which the offence is punishable must, in each instance\nbe referred to in the charge.\n(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with\nintentionally obstructing a sale of property offered for sale by the lawful authority of a\npublic servant. The charge should be in those words.\n235. (1) The charge shall contain such particulars as to the time and place of the Particulars as\nalleged offence, and the person (if any) against whom, or the thing (if any) in respect of to time, place\nand person.\nwhich, it was committed, as are reasonably sufficient to give the accused notice of the\nmatter with which he is charged.\n(2) When the accused is charged with criminal breach of trust or dishonest\nmisappropriation of money or other movable property, it shall be sufficient to specify the\ngross sum or, as the case may be, describe the movable property in respect of which the\noffence is alleged to have been committed, and the dates between which the offence is\nalleged to have been committed, without specifying particular items or exact dates, and the\ncharge so framed shall be deemed to be a charge of one offence within the meaning of\nsection 242:\nProvided that the time included between the first and last of such dates shall not\nexceed one year.\n236. When the nature of the case is such that the particulars mentioned in\nsections 234 and 235 do not give the accused sufficient notice of the matter with which he\nis charged, the charge shall also contain such particulars of the manner in which the alleged\noffence was committed as will be sufficient for that purpose.\nIllustrations.\n(a) A is accused of the theft of a certain article at a certain time and place. The charge\nneed not set out the manner in which the theft was effected.\n(b) A is accused of cheating B at a given time and place. The charge must set out the\nmanner in which A cheated B.\n(c) A is accused of giving false evidence at a given time and place. The charge must\nset out that portion of the evidence given by A which is alleged to be false.\n(d) A is accused of obstructing B, a public servant, in the discharge of his public\nfunctions at a given time and place. The charge must set out the manner in which\nA obstructed B in the discharge of his functions.\n(e) A is accused of the murder of B at a given time and place. The charge need not\nstate the manner in which A murdered B.\n(f) A is accused of disobeying a direction of the law with intent to save B from\npunishment. The charge must set out the disobedience charged and the law infringed.\n237. In every charge words used in describing an offence shall be deemed to have\nbeen used in the sense attached to them respectively by the law under which such offence\nis punishable.\n\nWhen manner\nof committing\noffence must\nbe stated.\n\nWords in charge\ntaken in sense of\nlaw under which\noffence is\npunishable.\n\n\f78\nEffect of\nerrors.\n\n238. No error in stating either the offence or the particulars required to be stated in the\ncharge, and no omission to state the offence or those particulars, shall be regarded at any\nstage of the case as material, unless the accused was in fact misled by such error or omission,\nand it has occasioned a failure of justice.\nIllustrations.\n(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with \"having\nbeen in possession of counterfeit coin, having known at the time when he became possessed\nthereof that such coin was counterfeit,\" the word \"fraudulently\" being omitted in the charge.\nUnless it appears that A was in fact misled by this omission, the error shall not be regarded\nas material.\n(b) A is charged with cheating B, and the manner in which he cheated B is not set out\nin the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own\naccount of the transaction. The Court may infer from this that the omission to set out the\nmanner of the cheating is not material.\n(c) A is charged with cheating B, and the manner in which he cheated B is not set out\nin the charge. There were many transactions between A and B, and A had no means of\nknowing to which of them the charge referred, and offered no defence. The Court may infer\nfrom such facts that the omission to set out the manner of the cheating was, in the case, a\nmaterial error.\n(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the\nmurdered person's name was Haidar Baksh, and the date of the murder was\nthe 20th January, 2023. A was never charged with any murder but one, and had heard the\ninquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The\nCourt may infer from these facts that A was not misled, and that the error in the charge was\nimmaterial.\n(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and\nKhoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When\ncharged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The\nwitnesses present in his defence were witnesses in the case of Haidar Baksh. The Court\nmay infer from this that A was misled, and that the error was material.\n\nCourt may\nalter charge.\n\n239. (1) Any Court may alter or add to any charge at any time before judgment is\npronounced.\n(2) Every such alteration or addition shall be read and explained to the accused.\n(3) If the alteration or addition to a charge is such that proceeding immediately with\nthe trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or\nthe prosecutor in the conduct of the case, the Court may, in its discretion, after such\nalteration or addition has been made, proceed with the trial as if the altered or added charge\nhad been the original charge.\n(4) If the alteration or addition is such that proceeding immediately with the trial is\nlikely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid,\nthe Court may either direct a new trial or adjourn the trial for such period as may be necessary.\n(5) If the offence stated in the altered or added charge is one for the prosecution of\nwhich previous sanction is necessary, the case shall not be proceeded with until such\nsanction is obtained, unless sanction has been already obtained for a prosecution on the\nsame facts as those on which the altered or added charge is founded.\n\nRecall of\nwitnesses\nwhen charge\naltered.\n\n240. Whenever a charge is altered or added to by the Court after the commencement\nof the trial, the prosecutor and the accused shall be allowed—\n(a) to recall or re-summon, and examine with reference to such alteration or\naddition, any witness who may have been examined, unless the Court, for reasons to\nbe recorded in writing, considers that the prosecutor or the accused, as the case may\nbe, desires to recall or re-examine such witness for the purpose of vexation or delay or\nfor defeating the ends of justice;\n\n\f79\n(b) also to call any further witness whom the Court may think to be material.\nB.—Joinder of charges\n241. (1) For every distinct offence of which any person is accused there shall be a Separate\ncharges for\nseparate charge, and every such charge shall be tried separately:\ndistinct\n\nProvided that where the accused person, by an application in writing, so desires and offences.\nthe Magistrate is of opinion that such person is not likely to be prejudiced thereby, the\nMagistrate may try together all or any number of the charges framed against such person.\n(2) Nothing in sub-section (1) shall affect the operation of the provisions of\nsections 242, 243, 244 and 246.\nIllustration.\nA is accused of a theft on one occasion, and of causing grievous hurt on another\noccasion. A must be separately charged and separately tried for the theft and causing\ngrievous hurt.\n242. (1) When a person is accused of more offences than one of the same kind\ncommitted within the space of twelve months from the first to the last of such offences,\nwhether in respect of the same person or not, he may be charged with, and tried at one trial\nfor, any number of them not exceeding five.\n(2) Offences are of the same kind when they are punishable with the same amount of\npunishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special\nor local law:\n\nOffences of\nsame kind\nwithin year\nmay be\ncharged\ntogether.\n\nProvided that for the purposes of this section, an offence punishable under\nsub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be\nan offence of the same kind as an offence punishable under section 305 of the said Sanhita,\nand that an offence punishable under any section of the said Sanhita, or of any special or\nlocal law, shall be deemed to be an offence of the same kind as an attempt to commit such\noffence, when such an attempt is an offence.\n243. (1) If, in one series of acts so connected together as to form the same transaction, Trial for more\nmore offences than one are committed by the same person, he may be charged with, and than one\noffence.\ntried at one trial for, every such offence.\n(2) When a person charged with one or more offences of criminal breach of trust or\ndishonest misappropriation of property as provided in sub-section (2) of section 235 or in\nsub-section (1) of section 242, is accused of committing, for the purpose of facilitating or\nconcealing the commission of that offence or those offences, one or more offences of\nfalsification of accounts, he may be charged with, and tried at one trial for, every such\noffence.\n(3) If the acts alleged constitute an offence falling within two or more separate definitions\nof any law in force for the time being by which offences are defined or punished, the person\naccused of them may be charged with, and tried at one trial for, each of such offences.\n(4) If several acts, of which one or more than one would by itself or themselves\nconstitute an offence, constitute when combined a different offence, the person accused of\nthem may be charged with, and tried at one trial for the offence constituted by such acts\nwhen combined, and for any offence constituted by any one, or more, of such acts.\n(5) Nothing contained in this section shall affect section 9 of\nthe Bharatiya Nyaya Sanhita, 2023.\nIllustrations to sub-section (1)\n(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to\nC, a constable in whose custody B was. A may be charged with, and convicted of, offences\nunder sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023.\n(b) A commits house-breaking by day with intent to commit rape, and commits, in the\nhouse so entered, rape with B's wife. A may be separately charged with, and convicted of,\noffences under section 64 and sub-section (3) of section 331 of the Bharatiya Nyaya\nSanhita, 2023.\n\n\f80\n(c) A has in his possession several seals, knowing them to be counterfeit and intending\nto use them for the purpose of committing several forgeries punishable under section 337 of\nthe Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the\npossession of each seal under sub-section (2) of section 341 of the Bharatiya\nNyaya Sanhita, 2023.\n(d) With intent to cause injury to B, A institutes a criminal proceeding against him,\nknowing that there is no just or lawful ground for such proceeding, and also falsely accuses\nB of having committed an offence, knowing that there is no just or lawful ground for such\ncharge. A may be separately charged with, and convicted of, two offences under\nsection 248 of the Bharatiya Nyaya Sanhita, 2023.\n(e) A, with intent to cause injury to B, falsely accuses him of having committed an\noffence, knowing that there is no just or lawful ground for such charge. On the trial, A gives\nfalse evidence against B, intending thereby to cause B to be convicted of a capital offence.\nA may be separately charged with, and convicted of, offences under sections 230 and 248\nof the Bharatiya Nyaya Sanhita, 2023.\n(f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a\npublic servant endeavouring in the discharge of his duty as such to suppress the riot. A\nmay be separately charged with, and convicted of, offences under sub-section (2) of\nsection 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya\nSanhita, 2023.\n(g) A threatens B, C and D at the same time with injury to their persons with intent to\ncause alarm to them. A may be separately charged with, and convicted of, each of the three\noffences under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya\nSanhita, 2023.\nThe separate charges referred to in illustrations (a) to (g), respectively, may be tried\nat the same time.\nIllustrations to sub-section (3)\n(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted\nof, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya\nSanhita, 2023.\n(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen\nproperty, for the purpose of concealing them. A and B thereupon voluntarily assist each\nother to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged\nwith, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya\nNyaya Sanhita, 2023.\n(j) A exposes her child with the knowledge that she is thereby likely to cause its death.\nThe child dies in consequence of such exposure. A may be separately charged with, and\nconvicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023.\n(k) A dishonestly uses a forged document as genuine evidence, in order to convict B,\na public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A\nmay be separately charged with, and convicted of, offences under section 233 and\nsub-section (2) of section 340 (read with section 337) of that Sanhita.\nIllustration to sub-section (4)\n(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be\nseparately charged with, and convicted of, offences under sub-section (2) of section 115\nand sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023.\nWhere it is\ndoubtful what\noffence has\nbeen\ncommitted.\n\n244. (1) If a single act or series of acts is of such a nature that it is doubtful which of\nseveral offences the facts which can be proved will constitute, the accused may be charged\nwith having committed all or any of such offences, and any number of such charges may be\ntried at once; or he may be charged in the alternative with having committed someone of the\nsaid offences.\n\n\f81\n(2) If in such a case the accused is charged with one offence, and it appears in\nevidence that he committed a different offence for which he might have been charged under\nthe provisions of sub-section (1), he may be convicted of the offence which he is shown to\nhave committed, although he was not charged with it.\nIllustrations.\n(a) A is accused of an act which may amount to theft, or receiving stolen property, or\ncriminal breach of trust or cheating. He may be charged with theft, receiving stolen property,\ncriminal breach of trust and cheating, or he may be charged with having committed theft, or\nreceiving stolen property, or criminal breach of trust or cheating.\n(b) In the case mentioned, A is only charged with theft. It appears that he committed\nthe offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted\nof criminal breach of trust or of receiving stolen goods (as the case may be), though he was\nnot charged with such offence.\n(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the\nSessions Court A states on oath that B never hit C. A may be charged in the alternative and\nconvicted of intentionally giving false evidence, although it cannot be proved which of\nthese contradictory statements was false.\n245. (1) When a person is charged with an offence consisting of several particulars,\na combination of some only of which constitutes a complete minor offence, and such\ncombination is proved, but the remaining particulars are not proved, he may be convicted of\nthe minor offence, though he was not charged with it.\n\nWhen offence\nproved\nincluded in\noffence\ncharged.\n\n(2) When a person is charged with an offence and facts are proved which reduce it\nto a minor offence, he may be convicted of the minor offence, although he is not charged\nwith it.\n(3) When a person is charged with an offence, he may be convicted of an attempt to\ncommit such offence although the attempt is not separately charged.\n(4) Nothing in this section shall be deemed to authorise a conviction of any minor\noffence where the conditions requisite for the initiation of proceedings in respect of that\nminor offence have not been satisfied.\nIllustrations.\n(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya\nSanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a\ncarrier. It appears, that he did commit criminal breach of trust under sub-section (2) of\nsection 316 of that Sanhita in respect of the property, but that it was not entrusted to him\nas a carrier. He may be convicted of criminal breach of trust under the said sub-section (2)\nof section 316.\n(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya\nSanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden\nprovocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.\nWhat persons\n246. The following persons may be charged and tried together, namely:—\nmay be\n\n(a) persons accused of the same offence committed in the course of the same charged\ntransaction;\njointly.\n(b) persons accused of an offence and persons accused of abetment of, or\nattempt to commit, such offence;\n(c) persons accused of more than one offence of the same kind, within the\nmeaning of section 242 committed by them jointly within the period of twelve months;\n(d) persons accused of different offences committed in the course of the same\ntransaction;\n(e) persons accused of an offence which includes theft, extortion, cheating, or\ncriminal misappropriation, and persons accused of receiving or retaining, or assisting\nin the disposal or concealment of, property possession of which is alleged to have\n\n\f82\nbeen transferred by any such offence committed by the first-named persons, or of\nabetment of or attempting to commit any such last-named offence;\n(f) persons accused of offences under sub-sections (2) and (5) of section 317 of\nthe Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen\nproperty the possession of which has been transferred by one offence;\n(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya\nSanhita, 2023 relating to counterfeit coin and persons accused of any other offence\nunder the said Chapter relating to the same coin, or of abetment of or attempting to\ncommit any such offence; and the provisions contained in the former part of this\nChapter shall, so far as may be, apply to all such charges:\nProvided that where a number of persons are charged with separate offences and\nsuch persons do not fall within any of the categories specified in this section, the Magistrate\nor Court of Session may, if such persons by an application in writing, so desire, and if he or\nit is satisfied that such persons would not be prejudicially affected thereby, and it is expedient\nso to do, try all such persons together.\nWithdrawal of\nremaining\ncharges on\nconviction on\none of several\ncharges.\n\n247. When a charge containing more heads than one is framed against the same\nperson, and when a conviction has been had on one or more of them, the complainant, or\nthe officer conducting the prosecution, may, with the consent of the Court, withdraw the\nremaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial\nof, such charge or charges and such withdrawal shall have the effect of an acquittal on such\ncharge or charges, unless the conviction be set aside, in which case the said Court (subject\nto the order of the Court setting aside the conviction) may proceed with the inquiry into, or\ntrial of, the charge or charges so withdrawn.\nCHAPTER XIX\nTRIAL BEFORE A COURT OF SESSION\n\nTrial to be\nconducted by\nPublic\nProsecutor.\n\n248. In every trial before a Court of Session, the prosecution shall be conducted by a\nPublic Prosecutor.\n\nOpening case\nfor\nprosecution.\n\n249. When the accused appears or is brought before the Court, in pursuance of a\ncommitment of the case under section 232, or under any other law for the time being in force,\nthe prosecutor shall open his case by describing the charge brought against the accused\nand stating by what evidence he proposes to prove the guilt of the accused.\n\nDischarge.\n\n250. (1) The accused may prefer an application for discharge within a period of\nsixty days from the date of commitment of the case under section 232.\n(2) If, upon consideration of the record of the case and the documents submitted\ntherewith, and after hearing the submissions of the accused and the prosecution in this\nbehalf, the Judge considers that there is not sufficient ground for proceeding against the\naccused, he shall discharge the accused and record his reasons for so doing.\n\nFraming of\ncharge.\n\n251. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion\nthat there is ground for presuming that the accused has committed an offence which—\n(a) is not exclusively triable by the Court of Session, he may, frame a charge\nagainst the accused and, by order, transfer the case for trial to the\nChief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct\nthe accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate\nof the first class, on such date as he deems fit, and thereupon such Magistrate shall\ntry the offence in accordance with the procedure for the trial of warrant-cases instituted\non a police report;\n(b) is exclusively triable by the Court, he shall frame in writing a charge against\nthe accused within a period of sixty days from the date of first hearing on charge.\n\n\f83\n(2) Where the Judge frames any charge under clause (b) of sub-section (1), the\ncharge shall be read and explained to the accused present either physically or through\naudio-video electronic means and the accused shall be asked whether he pleads guilty of\nthe offence charged or claims to be tried.\n252. If the accused pleads guilty, the Judge shall record the plea and may, in his Conviction on\nplea of guilty.\ndiscretion, convict him thereon.\n253. If the accused refuses to plead, or does not plead, or claims to be tried or is not Date for\nconvicted under section 252, the Judge shall fix a date for the examination of witnesses, and prosecution\nmay, on the application of the prosecution, issue any process for compelling the attendance evidence.\nof any witness or the production of any document or other thing.\n254. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may Evidence for\nprosecution.\nbe produced in support of the prosecution:\nProvided that evidence of a witness under this sub-section may be recorded by\naudio-video electronic means.\n(2) The deposition of evidence of any public servant may be taken through\naudio-video electronic means.\n(3) The Judge may, in his discretion, permit the cross-examination of any witness to\nbe deferred until any other witness or witnesses have been examined or recall any witness\nfor further cross-examination.\n255. If, after taking the evidence for the prosecution, examining the accused and Acquittal.\nhearing the prosecution and the defence on the point, the Judge considers that there is no\nevidence that the accused committed the offence, the Judge shall record an order of acquittal.\n256. (1) Where the accused is not acquitted under section 255, he shall be called Entering upon\ndefence.\nupon to enter on his defence and adduce any evidence he may have in support thereof.\n(2) If the accused puts in any written statement, the Judge shall file it with the record.\n(3) If the accused applies for the issue of any process for compelling the attendance\nof any witness or the production of any document or thing, the Judge shall issue such\nprocess unless he considers, for reasons to be recorded, that such application should be\nrefused on the ground that it is made for the purpose of vexation or delay or for defeating\nthe ends of justice.\n257. When the examination of the witnesses (if any) for the defence is complete, the Arguments.\nprosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:\nProvided that where any point of law is raised by the accused or his advocate, the\nprosecution may, with the permission of the Judge, make his submissions with regard to\nsuch point of law.\n258. (1) After hearing arguments and points of law (if any), the Judge shall give a Judgment of\njudgment in the case, as soon as possible, within a period of thirty days from the date of acquittal or\ncompletion of arguments, which may be extended to a period of forty-five days for reasons conviction.\nto be recorded in writing.\n(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance\nwith the provisions of section 401, hear the accused on the questions of sentence, and then\npass sentence on him according to law.\n259. In a case where a previous conviction is charged under the provisions of Previous\nsub-section (7) of section 234, and the accused does not admit that he has been previously conviction.\nconvicted as alleged in the charge, the Judge may, after he has convicted the said accused\nunder section 252 or section 258, take evidence in respect of the alleged previous conviction,\nand shall record a finding thereon:\n\n\f84\nProvided that no such charge shall be read out by the Judge nor shall the accused be\nasked to plead thereto nor shall the previous conviction be referred to by the prosecution\nor in any evidence adduced by it, unless and until the accused has been convicted under\nsection 252 or section 258.\nProcedure in\ncases instituted\nunder\nsub-section (2)\nof section 222.\n\n260. (1) A Court of Session taking cognizance of an offence under sub-section (2) of\nsection 222 shall try the case in accordance with the procedure for the trial of warrant-cases\ninstituted otherwise than on a police report before a Court of Magistrate:\nProvided that the person against whom the offence is alleged to have been committed\nshall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined\nas a witness for the prosecution.\n(2) Every trial under this section shall be held in camera if either party thereto so\ndesires or if the Court thinks fit so to do.\n(3) If, in any such case, the Court discharges or acquits all or any of the accused and\nis of opinion that there was no reasonable cause for making the accusation against them or\nany of them, it may, by its order of discharge or acquittal, direct the person against whom\nthe offence was alleged to have been committed (other than the President, theVice-President\nor the Governor of a State or the Administrator of a Union territory) to show cause why he\nshould not pay compensation to such accused or to each or any of such accused, when\nthere are more than one.\n(4) The Court shall record and consider any cause which may be shown by the person\nso directed, and if it is satisfied that there was no reasonable cause for making the accusation,\nit may, for reasons to be recorded, make an order that compensation to such amount not\nexceeding five thousand rupees, as it may determine, be paid by such person to the accused\nor to each or any of them.\n(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine\nimposed by a Magistrate.\n(6) No person who has been directed to pay compensation under sub-section (4)\nshall, by reason of such order, be exempted from any civil or criminal liability in respect of\nthe complaint made under this section:\nProvided that any amount paid to an accused person under this section shall be taken\ninto account in awarding compensation to such person in any subsequent civil suit relating\nto the same matter.\n(7) The person who has been ordered under sub-section (4) to pay compensation\nmay appeal from the order, in so far as it relates to the payment of compensation, to the High\nCourt.\n(8) When an order for payment of compensation to an accused person is made, the\ncompensation shall not be paid to him before the period allowed for the presentation of the\nappeal has elapsed, or, if an appeal is presented, before the appeal has been decided.\nCHAPTER XX\nTRIAL OF WARRANT-CASES BY MAGISTRATES\nA.—Cases instituted on a police report\n\nCompliance\nwith section\n230.\n\n261. When, in any warrant-case instituted on a police report, the accused appears or\nis brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy\nhimself that he has complied with the provisions of section 230.\n\nWhen accused\nshall be\ndischarged.\n\n262. (1) The accused may prefer an application for discharge within a period of sixty\ndays from the date of supply of copies of documents under section 230.\n(2) If, upon considering the police report and the documents sent with it under\nsection 193 and making such examination, if any, of the accused, either physically or through\naudio-video electronic means, as the Magistrate thinks necessary and after giving the\nprosecution and the accused an opportunity of being heard, the Magistrate considers the\ncharge against the accused to be groundless, he shall discharge the accused, and record\nhis reasons for so doing.\n\n\f85\n263. (1) If, upon such consideration, examination, if any, and hearing, the Magistrate Framing of\nis of opinion that there is ground for presuming that the accused has committed an offence charge.\ntriable under this Chapter, which such Magistrate is competent to try and which, in his\nopinion, could be adequately punished by him, he shall frame in writing a charge against the\naccused within a period of sixty days from the date of first hearing on charge.\n(2) The charge shall then be read and explained to the accused, and he shall be asked\nwhether he pleads guilty of the offence charged or claims to be tried.\n264. If the accused pleads guilty, the Magistrate shall record the plea and may, in his Conviction on\nplea of guilty.\ndiscretion, convict him thereon.\n265. (1) If the accused refuses to plead or does not plead, or claims to be tried or the Evidence for\nMagistrate does not convict the accused under section 264, the Magistrate shall fix a date prosecution.\nfor the examination of witnesses:\nProvided that the Magistrate shall supply in advance to the accused, the statement of\nwitnesses recorded during investigation by the police.\n(2) The Magistrate may, on the application of the prosecution, issue a summons to\nany of its witnesses directing him to attend or to produce any document or other thing.\n(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may\nbe produced in support of the prosecution:\nProvided that the Magistrate may permit the cross-examination of any witness to be\ndeferred until any other witness or witnesses have been examined or recall any witness for\nfurther cross-examination:\nProvided further that the examination of a witness under this sub-section may be\ndone by audio-video electronic means at the designated place to be notified by the State\nGovernment.\n266. (1) The accused shall then be called upon to enter upon his defence and produce Evidence for\nhis evidence; and if the accused puts in any written statement, the Magistrate shall file it defence.\nwith the record.\n(2) If the accused, after he has entered upon his defence, applies to the Magistrate to\nissue any process for compelling the attendance of any witness for the purpose of examination\nor cross-examination, or the production of any document or other thing, the Magistrate\nshall issue such process unless he considers that such application should be refused on\nthe ground that it is made for the purpose of vexation or delay or for defeating the ends of\njustice and such ground shall be recorded by him in writing:\nProvided that when the accused has cross-examined or had the opportunity of\ncross-examining any witness before entering on his defence, the attendance of such witness\nshall not be compelled under this section, unless the Magistrate is satisfied that it is\nnecessary for the ends of justice:\nProvided further that the examination of a witness under this sub-section may be\ndone by audio-video electronic means at the designated place to be notified by the State\nGovernment.\n(3) The Magistrate may, before summoning any witness on an application under\nsub-section (2), require that the reasonable expenses incurred by the witness in attending\nfor the purposes of the trial be deposited in Court.\nB.—Cases instituted otherwise than on police report\n267. (1) When, in any warrant-case instituted otherwise than on a police report, the Evidence for\naccused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution.\nprosecution and take all such evidence as may be produced in support of the prosecution.\n(2) The Magistrate may, on the application of the prosecution, issue a summons to\nany of its witnesses directing him to attend or to produce any document or other thing.\n\n\f86\nWhen accused\nshall be\ndischarged.\n\n268. (1) If, upon taking all the evidence referred to in section 267, the Magistrate\nconsiders, for reasons to be recorded, that no case against the accused has been made out\nwhich, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.\n(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging\nthe accused at any previous stage of the case if, for reasons to be recorded by such\nMagistrate, he considers the charge to be groundless.\n\nProcedure\nwhere accused\nis not\ndischarged.\n\n269. (1) If, when such evidence has been taken, or at any previous stage of the case,\nthe Magistrate is of opinion that there is ground for presuming that the accused has\ncommitted an offence triable under this Chapter, which such Magistrate is competent to try\nand which, in his opinion, could be adequately punished by him, he shall frame in writing a\ncharge against the accused.\n(2) The charge shall then be read and explained to the accused, and he shall be asked\nwhether he pleads guilty or has any defence to make.\n(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his\ndiscretion, convict him thereon.\n(4) If the accused refuses to plead, or does not plead or claims to be tried or if the\naccused is not convicted under sub-section (3), he shall be required to state, at the\ncommencement of the next hearing of the case, or, if the Magistrate for reasons to be\nrecorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if\nso, which, of the witnesses for the prosecution whose evidence has been taken.\n(5) If he says he does so wish, the witnesses named by him shall be recalled and, after\ncross-examination and re-examination (if any), they shall be discharged.\n(6) The evidence of any remaining witnesses for the prosecution shall next be taken,\nand after cross-examination and re-examination (if any), they shall also be discharged.\n(7) Where, despite giving opportunity to the prosecution and after taking all reasonable\nmeasures under this Sanhita, if the attendance of the prosecution witnesses under\nsub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that\nsuch witness has not been examined for not being available, and the Magistrate may close\nthe prosecution evidence for reasons to be recorded in writing and proceed with the case\non the basis of the materials on record.\n\nEvidence for\ndefence.\n\n270. The accused shall then be called upon to enter upon his defence and produce\nhis evidence; and the provisions of section 266 shall apply to the case.\nC.—Conclusion of trial\n\nAcquittal or\nconviction.\n\n271. (1) If, in any case under this Chapter in which a charge has been framed, the\nMagistrate finds the accused not guilty, he shall record an order of acquittal.\n(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty,\nbut does not proceed in accordance with the provisions of section 364 or section 401, he\nshall, after hearing the accused on the question of sentence, pass sentence upon him\naccording to law.\n(3) Where, in any case under this Chapter, a previous conviction is charged under the\nprovisions of sub-section (7) of section 234 and the accused does not admit that he has\nbeen previously convicted as alleged in the charge, the Magistrate may, after he has convicted\nthe said accused, take evidence in respect of the alleged previous conviction, and shall\nrecord a finding thereon:\nProvided that no such charge shall be read out by the Magistrate nor shall the\naccused be asked to plead thereto nor shall the previous conviction be referred to by the\nprosecution or in any evidence adduced by it, unless and until the accused has been\nconvicted under sub-section (2).\n\n\f87\n272. When the proceedings have been instituted upon complaint, and on any day Absence of\nfixed for the hearing of the case, the complainant is absent, and the offence may be lawfully complainant.\ncompounded or is not a cognizable offence, the Magistrate may after giving thirty days'\ntime to the complainant to be present, in his discretion, notwithstanding anything\nhereinbefore contained, at any time before the charge has been framed, discharge the\naccused.\n273. (1) If, in any case instituted upon complaint or upon information given to a\npolice officer or to a Magistrate, one or more persons is or are accused before a Magistrate\nof any offence triable by a Magistrate, and the Magistrate by whom the case is heard\ndischarges or acquits all or any of the accused, and is of opinion that there was no reasonable\nground for making the accusation against them or any of them, the Magistrate may, by his\norder of discharge or acquittal, if the person upon whose complaint or information the\naccusation was made is present, call upon him forthwith to show cause why he should not\npay compensation to such accused or to each or any of such accused when there are more\nthan one; or, if such person is not present, direct the issue of a summons to him to appear\nand show cause as aforesaid.\n\nCompensation\nfor accusation\nwithout\nreasonable\ncause.\n\n(2) The Magistrate shall record and consider any cause which such complainant or\ninformant may show, and if he is satisfied that there was no reasonable ground for making\nthe accusation, may, for reasons to be recorded, make an order that compensation to such\namount, not exceeding the amount of fine he is empowered to impose, as he may determine,\nbe paid by such complainant or informant to the accused or to each or any of them.\n(3) The Magistrate may, by the order directing payment of the compensation under\nsub-section (2), further order that, in default of payment, the person ordered to pay such\ncompensation shall undergo simple imprisonment for a period not exceeding thirty days.\n(4) When any person is imprisoned under sub-section (3), the provisions of\nsub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be,\napply.\n(5) No person who has been directed to pay compensation under this section shall,\nby reason of such order, be exempted from any civil or criminal liability in respect of the\ncomplaint made or information given by him:\nProvided that any amount paid to an accused person under this section shall be taken\ninto account in awarding compensation to such person in any subsequent civil suit relating\nto the same matter.\n(6) A complainant or informant who has been ordered under sub-section (2) by a\nMagistrate of the second class to pay compensation exceeding two thousand rupees, may\nappeal from the order, as if such complainant or informant had been convicted on a trial held\nby such Magistrate.\n(7) When an order for payment of compensation to an accused person is made in a\ncase which is subject to appeal under sub-section (6), the compensation shall not be paid to\nhim before the period allowed for the presentation of the appeal has elapsed, or, if an appeal\nis presented, before the appeal has been decided; and where such order is made in a case\nwhich is not so subject to appeal the compensation shall not be paid before the expiration\nof one month from the date of the order.\n(8) The provisions of this section apply to summons-cases as well as to\nwarrant-cases.\nCHAPTER XXI\nTRIAL OF SUMMONS-CASES BY MAGISTRATES\n274. When in a summons-case the accused appears or is brought before the Substance of\nMagistrate, the particulars of the offence of which he is accused shall be stated to him, and accusation to\nhe shall be asked whether he pleads guilty or has any defence to make, but it shall not be be stated.\nnecessary to frame a formal charge:\n\n\f88\nProvided that if the Magistrate considers the accusation as groundless, he shall, after\nrecording reasons in writing, release the accused and such release shall have the effect of\ndischarge.\nConviction on\nplea of guilty.\n\n275. If the accused pleads guilty, the Magistrate shall record the plea as nearly as\npossible in the words used by the accused and may, in his discretion, convict him thereon.\n\nConviction on\nplea of guilty\nin absence of\naccused in\npetty cases.\n\n276. (1) Where a summons has been issued under section 229 and the accused\ndesires to plead guilty to the charge without appearing before the Magistrate, he shall\ntransmit to the Magistrate, by post or by messenger, a letter containing his plea and also the\namount of fine specified in the summons.\n(2) The Magistrate may, in his discretion, convict the accused in his absence, on his\nplea of guilty and sentence him to pay the fine specified in the summons, and the amount\ntransmitted by the accused shall be adjusted towards that fine, or where an advocate\nauthorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate\nshall record the plea as nearly as possible in the words used by the advocate and may, in his\ndiscretion, convict the accused on such plea and sentence him as aforesaid.\n\nProcedure\nwhen not\nconvicted.\n\n277. (1) If the Magistrate does not convict the accused under section 275 or\nsection 276, the Magistrate shall proceed to hear the prosecution and take all such evidence\nas may be produced in support of the prosecution, and also to hear the accused and take all\nsuch evidence as he produces in his defence.\n(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the\naccused, issue a summons to any witness directing him to attend or to produce any document\nor other thing.\n(3) The Magistrate may, before summoning any witness on such application, require\nthat the reasonable expenses of the witness incurred in attending for the purposes of the\ntrial be deposited in Court.\n\nAcquittal or\nconviction.\n\n278. (1) If the Magistrate, upon taking the evidence referred to in section 277 and\nsuch further evidence, if any, as he may, of his own motion, cause to be produced, finds the\naccused not guilty, he shall record an order of acquittal.\n(2) Where the Magistrate does not proceed in accordance with the provisions of\nsection 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him\naccording to law.\n(3) A Magistrate may, under section 275 or section 278, convict the accused of any\noffence triable under this Chapter, which from the facts admitted or proved he appears to\nhave committed, whatever may be the nature of the complaint or summons, if the Magistrate\nis satisfied that the accused would not be prejudiced thereby.\n\nNon-appearance\n279. (1) If the summons has been issued on complaint, and on the day appointed for\nor death of\nthe appearance of the accused, or any day subsequent thereto to which the hearing may be\ncomplainant.\n\nadjourned, the complainant does not appear, the Magistrate shall, after giving thirty days'\ntime to the complainant to be present, notwithstanding anything hereinbefore contained,\nacquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the\ncase to some other day:\n\nProvided that where the complainant is represented by an advocate or by the officer\nconducting the prosecution or where the Magistrate is of opinion that the personal\nattendance of the complainant is not necessary, the Magistrate may, dispense with his\nattendance and proceed with the case.\n(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases\nwhere the non-appearance of the complainant is due to his death.\nWithdrawal of\ncomplaint.\n\n280. If a complainant, at any time before a final order is passed in any case under this\nChapter, satisfies the Magistrate that there are sufficient grounds for permitting him to\nwithdraw his complaint against the accused, or if there be more than one accused, against\nall or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon\nacquit the accused against whom the complaint is so withdrawn.\n\n\f89\n281. In any summons-case instituted otherwise than upon complaint, a Magistrate of Power to stop\nthe first class or, with the previous sanction of the Chief Judicial Magistrate, any other proceedings in\nJudicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any certain cases.\nstage without pronouncing any judgment and where such stoppage of proceedings is made\nafter the evidence of the principal witnesses has been recorded, pronounce a judgment of\nacquittal, and in any other case, release the accused, and such release shall have the effect\nof discharge.\n282. When in the course of the trial of a summons-case relating to an offence punishable\nwith imprisonment for a term exceeding six months, it appears to the Magistrate that in the\ninterests of justice, the offence should be tried in accordance with the procedure for the trial\nof warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided\nby this Sanhita for the trial of warrant-cases and may recall any witness who may have been\nexamined.\n\nPower of\nCourt to\nconvert\nsummonscases into\nwarrant-cases.\n\nCHAPTER XXII\nSUMMARY TRIALS\n283. (1) Notwithstanding anything contained in this Sanhita—\n(a) any Chief Judicial Magistrate;\n(b) Magistrate of the first class,\nshall try in a summary way all or any of the following offences:—\n(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the\nBharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed\ntwenty thousand rupees;\n(ii) receiving or retaining stolen property, under sub-section (2) of section 317\nof the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not\nexceed twenty thousand rupees;\n(iii) assisting in the concealment or disposal of stolen property under\nsub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value\nof such property does not exceed twenty thousand rupees;\n(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya\nNyaya Sanhita, 2023;\n(v) insult with intent to provoke a breach of the peace, under section 352, and\ncriminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya\nNyaya Sanhita, 2023;\n(vi) abetment of any of the foregoing offences;\n(vii) an attempt to commit any of the foregoing offences, when such attempt is\nan offence;\n1 of 1871.\n\n(viii) any offence constituted by an act in respect of which a complaint may be\nmade under section 20 of the Cattle-trespass Act, 1871.\n(2) The Magistrate may, after giving the accused a reasonable opportunity of being\nheard, for reasons to be recorded in writing, try in a summary way all or any of the offences\nnot punishable with death or imprisonment for life or imprisonment for a term exceeding\nthree years:\nProvided that no appeal shall lie against the decision of a Magistrate to try a case in\na summary way under this sub-section.\n(3) When, in the course of a summary trial it appears to the Magistrate that the nature\nof the case is such that it is undesirable to try it summarily, the Magistrate shall recall any\nwitnesses who may have been examined and proceed to re-hear the case in the manner\nprovided by this Sanhita.\n\nPower to try\nsummarily.\n\n\f90\nSummary trial\nby Magistrate\nof second\nclass.\n\n284. The High Court may confer on any Magistrate invested with the powers of a\nMagistrate of the second class power to try summarily any offence which is punishable\nonly with fine or with imprisonment for a term not exceeding six months with or without fine,\nand any abetment of or attempt to commit any such offence.\n\nProcedure for\nsummary\ntrials.\n\n285. (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial\nof summons-case shall be followed except as hereinafter mentioned.\n\nRecord in\nsummary\ntrials.\n\n286. In every case tried summarily, the Magistrate shall enter, in such form as the\nState Government may direct, the following particulars, namely:—\n\n(2) No sentence of imprisonment for a term exceeding three months shall be passed in\nthe case of any conviction under this Chapter.\n\n(a) the serial number of the case;\n(b) the date of the commission of the offence;\n(c) the date of the report or complaint;\n(d) the name of the complainant (if any);\n(e) the name, parentage and residence of the accused;\n(f) the offence complained of and the offence (if any) proved, and in cases\ncoming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the\nvalue of the property in respect of which the offence has been committed;\n(g) the plea of the accused and his examination (if any);\n(h) the finding;\n(i) the sentence or other final order;\n(j) the date on which proceedings terminated.\n\nJudgment in\ncases tried\nsummarily.\n\n287. In every case tried summarily in which the accused does not plead guilty, the\nMagistrate shall record the substance of the evidence and a judgment containing a brief\nstatement of the reasons for the finding.\n\nLanguage of\nrecord and\njudgment.\n\n288. (1) Every such record and judgment shall be written in the language of the Court.\n(2) The High Court may authorise any Magistrate empowered to try offences summarily\nto prepare the aforesaid record or judgment or both by means of an officer appointed in this\nbehalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be\nsigned by such Magistrate.\nCHAPTER XXIII\nPLEA BARGAINING\n\nApplication of\nChapter.\n\n289. (1) This Chapter shall apply in respect of an accused against whom—\n(a) the report has been forwarded by the officer in charge of the police station\nunder section 193 alleging therein that an offence appears to have been committed by\nhim other than an offence for which the punishment of death or of imprisonment for\nlife or of imprisonment for a term exceeding seven years has been provided under the\nlaw for the time being in force; or\n(b) a Magistrate has taken cognizance of an offence on complaint, other than an\noffence for which the punishment of death or of imprisonment for life or of imprisonment\nfor a term exceeding seven years, has been provided under the law for the time being\nin force, and after examining complainant and witnesses under section 223, issued the\nprocess under section 227,\n\n\f91\nbut does not apply where such offence affects the socio-economic condition of the country\nor has been committed against a woman, or a child.\n(2) For the purposes of sub-section (1), the Central Government shall, by notification,\ndetermine the offences under the law for the time being in force which shall be the offences\naffecting the socio-economic condition of the country.\n290. (1) A person accused of an offence may file an application for plea bargaining Application\nwithin a period of thirty days from the date of framing of charge in the Court in which such for plea\nbargaining.\noffence is pending for trial.\n(2) The application under sub-section (1) shall contain a brief description of the case\nrelating to which the application is filed including the offence to which the case relates and\nshall be accompanied by an affidavit sworn by the accused stating therein that he has\nvoluntarily preferred, after understanding the nature and extent of punishment provided\nunder the law for the offence, the plea bargaining in his case and that he has not previously\nbeen convicted by a Court in which he had been charged with the same offence.\n(3) After receiving the application under sub-section (1), the Court shall issue notice\nto the Public Prosecutor or the complainant of the case and to the accused to appear on the\ndate fixed for the case.\n(4) When the Public Prosecutor or the complainant of the case and the accused\nappear on the date fixed under sub-section (3), the Court shall examine the accused\nin camera, where the other party in the case shall not be present, to satisfy itself that the\naccused has filed the application voluntarily and where—\n(a) the Court is satisfied that the application has been filed by the accused\nvoluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or\nthe complainant of the case and the accused to work out a mutually satisfactory\ndisposition of the case which may include giving to the victim by the accused the\ncompensation and other expenses during the case and thereafter fix the date for\nfurther hearing of the case;\n(b) the Court finds that the application has been filed involuntarily by the\naccused or he has previously been convicted by a Court in a case in which he had\nbeen charged with the same offence, it shall proceed further in accordance with the\nprovisions of this Sanhita from the stage such application has been filed under\nsub-section (1).\n291. In working out a mutually satisfactory disposition under clause (a) of Guidelines for\nsub-section (4) of section 290, the Court shall follow the following procedure, namely:— mutually\nsatisfactory\n\n(a) in a case instituted on a police report, the Court shall issue notice to the disposition.\nPublic Prosecutor, the police officer who has investigated the case, the accused and\nthe victim of the case to participate in the meeting to work out a satisfactory disposition\nof the case:\nProvided that throughout such process of working out a satisfactory disposition\nof the case, it shall be the duty of the Court to ensure that the entire process is\ncompleted voluntarily by the parties participating in the meeting:\nProvided further that the accused, if he so desires, may participate in such\nmeeting with his advocate, if any, engaged in the case;\n(b) in a case instituted otherwise than on police report, the Court shall issue\nnotice to the accused and the victim of the case to participate in a meeting to work out\na satisfactory disposition of the case:\nProvided that it shall be the duty of the Court to ensure, throughout such\nprocess of working out a satisfactory disposition of the case, that it is completed\nvoluntarily by the parties participating in the meeting:\n\n\f92\nProvided further that if the victim of the case or the accused so desires, he may\nparticipate in such meeting with his advocate engaged in the case.\nReport of\nmutually\nsatisfactory\ndisposition to\nbe submitted\nbefore Court.\n\n292. Where in a meeting under section 291, a satisfactory disposition of the case has\nbeen worked out, the Court shall prepare a report of such disposition which shall be signed\nby the presiding officer of the Court and all other persons who participated in the meeting\nand if no such disposition has been worked out, the Court shall record such observation\nand proceed further in accordance with the provisions of this Sanhita from the stage the\napplication under sub-section (1) of section 290 has been filed in such case.\n\nDisposal of\ncase.\n\n293. Where a satisfactory disposition of the case has been worked out under\nsection 292, the Court shall dispose of the case in the following manner, namely:—\n(a) the Court shall award the compensation to the victim in accordance with the\ndisposition under section 292 and hear the parties on the quantum of the punishment,\nreleasing of the accused on probation of good conduct or after admonition under\nsection 401 or for dealing with the accused under the provisions of the Probation of\nOffenders Act, 1958 or any other law for the time being in force and follow the procedure\nspecified in the succeeding clauses for imposing the punishment on the accused;\n(b) after hearing the parties under clause (a), if the Court is of the view that\nsection 401 or the provisions of the Probation of Offenders Act, 1958 or any other law\nfor the time being in force are attracted in the case of the accused, it may release the\naccused on probation or provide the benefit of any such law;\n(c) after hearing the parties under clause (b), if the Court finds that minimum\npunishment has been provided under the law for the offence committed by the accused,\nit may sentence the accused to half of such minimum punishment, and where the\naccused is a first-time offender and has not been convicted of any offence in the past,\nit may sentence the accused to one-fourth of such minimum punishment;\n(d) in case after hearing the parties under clause (b), the Court finds that the\noffence committed by the accused is not covered under clause (b) or clause (c), then,\nit may sentence the accused to one-fourth of the punishment provided or extendable\nfor such offence and where the accused is a first-time offender and has not been\nconvicted of any offence in the past, it may sentence the accused to one-sixth of the\npunishment provided or extendable, for such offence.\n\nJudgment of\nCourt.\n\n294. The Court shall deliver its judgment in terms of section 293 in the open Court and\nthe same shall be signed by the presiding officer of the Court.\n\nFinality of\njudgment.\n\n295. The judgment delivered by the Court under this section shall be final and no\nappeal (except the special leave petition under article 136 and writ petition under articles 226\nand 227 of the Constitution) shall lie in any Court against such judgment.\n\nPower of\nCourt in plea\nbargaining.\n\n296. A Court shall have, for the purposes of discharging its functions under this\nChapter, all the powers vested in respect of bail, trial of offences and other matters relating\nto the disposal of a case in such Court under this Sanhita.\n\nPeriod of\ndetention\nundergone by\naccused to be\nset off against\nsentence of\nimprisonment.\n\n297. The provisions of section 468 shall apply, for setting off the period of detention\nundergone by the accused against the sentence of imprisonment imposed under this Chapter,\nin the same manner as they apply in respect of the imprisonment under other provisions of\nthis Sanhita.\n\nSavings.\n\n298. The provisions of this Chapter shall have effect notwithstanding anything\ninconsistent therewith contained in any other provisions of this Sanhita and nothing in\nsuch other provisions shall be construed to constrain the meaning of any provision of this\nChapter.\n\n20 of 1958.\n\n20 of 1958.\n\n\f93\nExplanation.—For the purposes of this Chapter, the expression \"Public Prosecutor\"\nhas the meaning assigned to it under clause (v) of section 2 and includes an Assistant\nPublic Prosecutor appointed under section 19.\n299. Notwithstanding anything contained in any law for the time being in force, the Statements of\nstatements or facts stated by an accused in an application for plea bargaining filed under accused not to\nsection 290 shall not be used for any other purpose except for the purpose of this Chapter. be used.\n2 of 2016.\n\n300. Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 Nonapplication of\nof the Juvenile Justice (Care and Protection of Children) Act, 2015.\nCHAPTER XXIV\n\nChapter.\n\nATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS\n301. In this Chapter,—\n\nDefinitions.\n\n(a) \"detained\" includes detained under any law providing for preventive\ndetention;\n(b) \"prison\" includes,—\n(i) any place which has been declared by the State Government, by general\nor special order, to be a subsidiary jail;\n(ii) any reformatory, Borstal institution or other institution of a like nature.\n302. (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, Power to\nrequire\nit appears to a Criminal Court,—\n\nattendance of\n\n(a) that a person confined or detained in a prison should be brought before the prisoners.\nCourt for answering to a charge of an offence, or for the purpose of any proceedings\nagainst him; or\n(b) that it is necessary for the ends of justice to examine such person as a\nwitness,\nthe Court may make an order requiring the officer in charge of the prison to produce such\nperson before the Court answering to the charge or for the purpose of such proceeding or\nfor giving evidence.\n(2) Where an order under sub-section (1) is made by a Magistrate of the second class,\nit shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is\ncountersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.\n(3) Every order submitted for countersigning under sub-section (2) shall be\naccompanied by a statement of the facts which, in the opinion of the Magistrate, render the\norder necessary, and the Chief Judicial Magistrate to whom it is submitted may, after\nconsidering such statement, decline to countersign the order.\n303. (1) The State Government or the Central Government, as the case may be, may, at\nany time, having regard to the matters specified in sub-section (2), by general or special\norder, direct that any person or class of persons shall not be removed from the prison in\nwhich he or they may be confined or detained, and thereupon, so long as the order remains\nin force, no order made under section 302, whether before or after the order of the State\nGovernment or the Central Government, shall have effect in respect of such person or class\nof persons.\n(2) Before making an order under sub-section (1), the State Government or the Central\nGovernment in the cases instituted by its central agency, as the case may be, shall have\nregard to the following matters, namely:—\n(a) the nature of the offence for which, or the grounds on which, the person or\nclass of persons has been ordered to be confined or detained in prison;\n\nPower of State\nGovernment\nor Central\nGovernment\nto exclude\ncertain\npersons from\noperation of\nsection 302.\n\n\f94\n(b) the likelihood of the disturbance of public order if the person or class of\npersons is allowed to be removed from the prison;\n(c) the public interest, generally.\nOfficer in\ncharge of\nprison to\nabstain from\ncarrying out\norder in\ncertain\ncontingencies.\n\n304. Where the person in respect of whom an order is made under section 302—\n(a) is by reason of sickness or infirmity unfit to be removed from the prison; or\n(b) is under committal for trial or under remand pending trial or pending a\npreliminary investigation; or\n(c) is in custody for a period which would expire before the expiration of the time\nrequired for complying with the order and for taking him back to the prison in which\nhe is confined or detained; or\n(d) is a person to whom an order made by the State Government or the Central\nGovernment under section 303 applies,\nthe officer in charge of the prison shall abstain from carrying out the Court's order and shall\nsend to the Court a statement of reasons for so abstaining:\nProvided that where the attendance of such person is required for giving evidence at\na place not more than twenty-five kilometres distance from the prison, the officer in charge\nof the prison shall not so abstain for the reason mentioned in clause (b).\n\nPrisoner to be\nbrought to\nCourt in\ncustody.\n\n305. Subject to the provisions of section 304, the officer in charge of the prison shall,\nupon delivery of an order made under sub-section (1) of section 302 and duly countersigned,\nwhere necessary, under sub-section (2) thereof, cause the person named in the order to be\ntaken to the Court in which his attendance is required, so as to be present there at the time\nmentioned in the order, and shall cause him to be kept in custody in or near the Court until\nhe has been examined or until the Court authorises him to be taken back to the prison in\nwhich he was confined or detained.\n\nPower to issue\ncommission\nfor\nexamination\nof witness in\nprison.\n\n306. The provisions of this Chapter shall be without prejudice to the power of the\nCourt to issue, under section 319, a commission for the examination, as a witness, of any\nperson confined or detained in a prison; and the provisions of Part B of Chapter XXV shall\napply in relation to the examination on commission of any such person in the prison as they\napply in relation to the examination on commission of any other person.\nCHAPTER XXV\nEVIDENCE IN INQUIRIES AND TRIALS\nA.—Mode of taking and recording evidence\n\nLanguage of\nCourts.\n\n307. The State Government may determine what shall be, for purposes of this Sanhita,\nthe language of each Court within the State other than the High Court.\n\nEvidence to be\ntaken in\npresence of\naccused.\n\n308. Except as otherwise expressly provided, all evidence taken in the course of the\ntrial or other proceeding shall be taken in the presence of the accused, or, when his personal\nattendance is dispensed with, in the presence of his advocate including through\naudio-video electronic means at the designated place to be notified by the State Government:\nProvided that where the evidence of a woman below the age of eighteen years who is\nalleged to have been subjected to rape or any other sexual offence, is to be recorded, the\nCourt may take appropriate measures to ensure that such woman is not confronted by the\naccused while at the same time ensuring the right of cross-examination of the accused.\nExplanation.—In this section, \"accused\" includes a person in relation to whom any\nproceeding under Chapter IX has been commenced under this Sanhita.\n\nRecord in\nsummonscases and\ninquiries.\n\n309. (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164\nto 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course\nof a trial, the Magistrate shall, as the examination of each witness proceeds, make a\nmemorandum of the substance of the evidence in the language of the Court:\n\n\f95\nProvided that if the Magistrate is unable to make such memorandum himself, he shall,\nafter recording the reason of his inability, cause such memorandum to be made in writing or\nfrom his dictation in open Court.\n(2) Such memorandum shall be signed by the Magistrate and shall form part of the\nrecord.\n310. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness Record in\nshall, as his examination proceeds, be taken down in writing either by the Magistrate himself warrant-cases.\nor by his dictation in open Court or, where he is unable to do so owing to a physical or other\nincapacity, under his direction and superintendence, by an officer of the Court appointed\nby him in this behalf:\nProvided that evidence of a witness under this sub-section may also be recorded by\naudio-video electronic means in the presence of the advocate of the person accused of the\noffence.\n(2) Where the Magistrate causes the evidence to be taken down, he shall record a\ncertificate that the evidence could not be taken down by himself for the reasons referred to\nin sub-section (1).\n(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the\nMagistrate may, in his discretion take down, or cause to be taken down, any part of such\nevidence in the form of question and answer.\n(4) The evidence so taken down shall be signed by the Magistrate and shall form part\nof the record.\n311. (1) In all trials before a Court of Session, the evidence of each witness shall, as Record in trial\nhis examination proceeds, be taken down in writing either by the presiding Judge himself or before Court\nby his dictation in open Court, or under his direction and superintendence, by an officer of of Session.\nthe Court appointed by him in this behalf.\n(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the\npresiding Judge may, in his discretion, take down, or cause to be taken down, any part of\nsuch evidence in the form of question and answer.\n(3) The evidence so taken down shall be signed by the presiding Judge and shall form\npart of the record.\n312. In every case where evidence is taken down under section 310 or section 311,— Language of\nrecord of\n\n(a) if the witness gives evidence in the language of the Court, it shall be taken evidence.\ndown in that language;\n(b) if he gives evidence in any other language, it may, if practicable, be taken\ndown in that language, and if it is not practicable to do so, a true translation of the\nevidence in the language of the Court shall be prepared as the examination of the\nwitness proceeds, signed by the Magistrate or presiding Judge, and shall form part of\nthe record;\n(c) where under clause (b) evidence is taken down in a language other than the\nlanguage of the Court, a true translation thereof in the language of the Court shall be\nprepared as soon as practicable, signed by the Magistrate or presiding Judge, and\nshall form part of the record:\nProvided that when under clause (b) evidence is taken down in English and a\ntranslation thereof in the language of the Court is not required by any of the parties,\nthe Court may dispense with such translation.\n313. (1) As the evidence of each witness taken under section 310 or section 311 is Procedure in\ncompleted, it shall be read over to him in the presence of the accused, if in attendance, or of regard to such\nevidence when\nhis advocate, if he appears by an advocate, and shall, if necessary, be corrected.\ncompleted.\n\n\f96\n(2) If the witness denies the correctness of any part of the evidence when the same is\nread over to him, the Magistrate or presiding Judge may, instead of correcting the evidence,\nmake a memorandum thereon of the objection made to it by the witness and shall add such\nremarks as he thinks necessary.\n(3) If the record of the evidence is in a language different from that in which it has\nbeen given and the witness does not understand that language, the record shall be interpreted\nto him in the language in which it was given, or in a language which he understands.\nInterpretation\nof evidence to\naccused or his\nadvocate.\n\n314. (1) Whenever any evidence is given in a language not understood by the accused,\nand he is present in Court in person, it shall be interpreted to him in open Court in a\nlanguage understood by him.\n(2) If he appears by an advocate and the evidence is given in a language other than\nthe language of the Court, and not understood by the advocate, it shall be interpreted to\nsuch advocate in that language.\n(3) When documents are put for the purpose of formal proof, it shall be in the discretion\nof the Court to interpret as much thereof as appears necessary.\n\nRemarks\nrespecting\ndemeanour of\nwitness.\n\n315. When a presiding Judge or Magistrate has recorded the evidence of a witness,\nhe shall also record such remarks (if any) as he thinks material respecting the demeanour of\nsuch witness whilst under examination.\n\nRecord of\nexamination\nof accused.\n\n316. (1) Whenever the accused is examined by any Magistrate, or by a Court of\nSession, the whole of such examination, including every question put to him and every\nanswer given by him, shall be recorded in full by the presiding Judge or Magistrate himself\nor where he is unable to do so owing to a physical or other incapacity, under his direction\nand superintendence by an officer of the Court appointed by him in this behalf.\n(2) The record shall, if practicable, be in the language in which the accused is examined\nor, if that is not practicable, in the language of the Court.\n(3) The record shall be shown or read to the accused, or, if he does not understand the\nlanguage in which it is written, shall be interpreted to him in a language which he understands,\nand he shall be at liberty to explain or add to his answers.\n(4) It shall thereafter be signed by the accused and by the Magistrate or presiding\nJudge, who shall certify under his own hand that the examination was taken in his presence\nand hearing and that the record contains a full and true account of the statement made by\nthe accused:\nProvided that where the accused is in custody and is examined through electronic\ncommunication, his signature shall be taken within seventy-two hours of such examination.\n(5) Nothing in this section shall be deemed to apply to the examination of an accused\nperson in the course of a summary trial.\n\nInterpreter to\nbe bound to\ninterpret\ntruthfully.\n\n317. When the services of an interpreter are required by any Criminal Court for the\ninterpretation of any evidence or statement, he shall be bound to state the true interpretation\nof such evidence or statement.\n\nRecord in\nHigh Court.\n\n318. Every High Court may, by general rule, prescribe the manner in which the evidence\nof witnesses and the examination of the accused shall be taken down in cases coming\nbefore it, and such evidence and examination shall be taken down in accordance with such\nrule.\nB.—Commissions for the examination of witnesses\n\n319. (1) Whenever, in the course of any inquiry, trial or other proceeding under this\nWhen\nattendance of\nSanhita, it appears to a Court or Magistrate that the examination of a witness is necessary\nwitness may be\nfor the ends of justice, and that the attendance of such witness cannot be procured without\ndispensed with\nand commission an amount of delay, expense or inconvenience which, under the circumstances of the case,\nissued.\n\n\f97\nwould be unreasonable, the Court or Magistrate may dispense with such attendance and\nmay issue a commission for the examination of the witness in accordance with the provisions\nof this Chapter:\nProvided that where the examination of the President or the Vice-President of India or\nthe Governor of a State or the Administrator of a Union territory as a witness is necessary\nfor the ends of justice, a commission shall be issued for the examination of such a witness.\n(2) The Court may, when issuing a commission for the examination of a witness for the\nprosecution, direct that such amount as the Court considers reasonable to meet the expenses\nof the accused, including the advocate's fees, be paid by the prosecution.\n320. (1) If the witness is within the territories to which this Sanhita extends, the Commission\ncommission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction to whom to be\nissued.\nthe witness is to be found.\n(2) If the witness is in India, but in a State or an area to which this Sanhita does not\nextend, the commission shall be directed to such Court or officer as the Central Government\nmay, by notification, specify in this behalf.\n(3) If the witness is in a country or place outside India and arrangements have been\nmade by the Central Government with the Government of such country or place for taking\nthe evidence of witnesses in relation to criminal matters, the commission shall be issued in\nsuch form, directed to such Court or officer, and sent to such authority for transmission as\nthe Central Government may, by notification, prescribe in this behalf.\n321. Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate Execution of\nas he may appoint in this behalf, shall summon the witness before him or proceed to the commissions.\nplace where the witness is, and shall take down his evidence in the same manner, and may\nfor this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.\n322. (1) The parties to any proceeding under this Sanhita in which a commission is Parties may\nissued may respectively forward any interrogatories in writing which the Court or Magistrate examine\nwitnesses.\ndirecting the commission may think relevant to the issue, and it shall be lawful for the\nMagistrate, Court or officer to whom the commission, is directed, or to whom the duty of\nexecuting it is delegated, to examine the witness upon such interrogatories.\n(2) Any such party may appear before such Magistrate, Court or Officer by an advocate,\nor if not in custody, in person, and may examine, cross-examine and re-examine the said\nwitness.\n323. (1) After any commission issued under section 319 has been duly executed, it Return of\nshall be returned, together with the deposition of the witness examined thereunder, to the commission.\nCourt or Magistrate issuing the commission; and the commission, the return thereto and\nthe deposition shall be open at all reasonable times to inspection of the parties, and may,\nsubject to all just exceptions, be read in evidence in the case by either party, and shall form\npart of the record.\n(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of\nthe Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent\nstage of the case before another Court.\n324. In every case in which a commission is issued under section 319, the inquiry, trial Adjournment\nor other proceeding may be adjourned for a specified time reasonably sufficient for the of proceeding.\nexecution and return of the commission.\n325. (1) The provisions of section 321 and so much of section 322 and section 323 as Execution of\nrelate to the execution of a commission and its return shall apply in respect of commissions foreign\nissued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions.\ncommissions issued under section 319.\n\n\f98\n(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—\n(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in\nIndia to which this Sanhita does not extend, as the Central Government may, by\nnotification, specify in this behalf;\n(b) any Court, Judge or Magistrate exercising jurisdiction in any such country\nor place outside India, as the Central Government may, by notification, specify in this\nbehalf, and having authority, under the law in force in that country or place, to issue\ncommissions for the examination of witnesses in relation to criminal matters.\nDeposition of\nmedical\nwitness.\n\n326. (1) The deposition of a civil surgeon or other medical witness, taken and attested\nby a Magistrate in the presence of the accused, or taken on commission under this Chapter,\nmay be given in evidence in any inquiry, trial or other proceeding under this Sanhita,\nalthough the deponent is not called as a witness.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or\nthe accused, summon and examine any such deponent as to the subject-matter of his\ndeposition.\n\nIdentification\nreport of\nMagistrate.\n\n327. (1) Any document purporting to be a report of identification under the hand of\nan Executive Magistrate in respect of a person or property may be used as evidence in any\ninquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called\nas a witness:\nProvided that where such report contains a statement of any suspect or witness to\nwhich the provisions of section 19, section 26, section 27, section 158 or section 160 of the\nBharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this\nsub-section except in accordance with the provisions of those sections.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of\nthe accused, summon and examine such Magistrate as to the subject-matter of the said\nreport.\n\nEvidence of\nofficers of\nMint.\n\n328. (1) Any document purporting to be a report under the hand of a gazetted officer\nof any Mint or of any Note Printing Press or of any Security Printing Press (including the\nofficer of the Controller of Stamps and Stationery) or of any Forensic Department or Division\nof Forensic Science Laboratory or any Government Examiner of Questioned Documents or\nany State Examiner of Questioned Documents as the Central Government may, by\nnotification, specify in this behalf, upon any matter or thing duly submitted to him for\nexamination and report in the course of any proceeding under this Sanhita, may be used as\nevidence in any inquiry, trial or other proceeding under this Sanhita, although such officer\nis not called as a witness.\n(2) The Court may, if it thinks fit, summon and examine any such officer as to the\nsubject-matter of his report:\nProvided that no such officer shall be summoned to produce any records on which\nthe report is based.\n(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya\nSakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General\nManager or any officer in charge of any Mint or of any Note Printing Press or of any\nSecurity Printing Press or of any Forensic Department or any officer in charge of the Forensic\nScience Laboratory or of the Government Examiner of Questioned Documents Organisation\nor of the State Examiner of Questioned Documents Organisation be permitted—\n(a) to give any evidence derived from any unpublished official records on\nwhich the report is based; or\n\n\f99\n(b) to disclose the nature or particulars of any test applied by him in the course\nof the examination of the matter or thing.\n329. (1) Any document purporting to be a report under the hand of a Government\nscientific expert to whom this section applies, upon any matter or thing duly submitted to\nhim for examination or analysis and report in the course of any proceeding under this\nSanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.\n\nReports of\ncertain\nGovernment\nscientific\nexperts.\n\n(2) The Court may, if it thinks fit, summon and examine any such expert as to the\nsubject-matter of his report.\n(3) Where any such expert is summoned by a Court, and he is unable to attend\npersonally, he may, unless the Court has expressly directed him to appear personally, depute\nany responsible officer working with him to attend the Court, if such officer is conversant\nwith the facts of the case and can satisfactorily depose in Court on his behalf.\n(4) This section applies to the following Government scientific experts, namely:—\n(a) any Chemical Examiner or Assistant Chemical Examiner to Government;\n(b) the Chief Controller of Explosives;\n(c) the Director of the Finger Print Bureau;\n(d) the Director, Haffkeine Institute, Bombay;\n(e) the Director, Deputy Director or Assistant Director of a Central Forensic\nScience Laboratory or a State Forensic Science Laboratory;\n(f) the Serologist to the Government;\n(g) any other scientific expert specified or certified, by notification, by the State\nGovernment or the Central Government for this purpose.\n330. (1) Where any document is filed before any Court by the prosecution or the\naccused, the particulars of every such document shall be included in a list and the prosecution\nor the accused or the advocate for the prosecution or the accused, if any, shall be called\nupon to admit or deny the genuineness of each such document soon after supply of such\ndocuments and in no case later than thirty days after such supply:\n\nNo formal\nproof of\ncertain\ndocuments.\n\nProvided that the Court may, in its discretion, relax the time limit with reasons to be\nrecorded in writing:\nProvided further that no expert shall be called to appear before the Court unless the\nreport of such expert is disputed by any of the parties to the trial.\n(2) The list of documents shall be in such form as the State Government may, by rules,\nprovide.\n(3) Where the genuineness of any document is not disputed, such document may be\nread in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of\nthe signature of the person by whom it purports to be signed:\nProvided that the Court may, in its discretion, require such signature to be proved.\n331. When any application is made to any Court in the course of any inquiry, trial or\nother proceeding under this Sanhita, and allegations are made therein respecting any public\nservant, the applicant may give evidence of the facts alleged in the application by affidavit,\nand the Court may, if it thinks fit, order that evidence relating to such facts be so given.\n\nAffidavit in\nproof of\nconduct of\npublic\nservants.\n\n332. (1) The evidence of any person whose evidence is of a formal character may be Evidence of\ngiven by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, formal\ncharacter on\ntrial or other proceeding under this Sanhita.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or\nthe accused, summon and examine any such person as to the facts contained in his affidavit.\n\naffidavit.\n\n\f100\nAuthorities\nbefore whom\naffidavits may\nbe sworn.\n\n333. (1) Affidavits to be used before any Court under this Sanhita may be sworn or\naffirmed before—\n(a) any Judge or Judicial or Executive Magistrate; or\n(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or\n(c) any notary appointed under the Notaries Act, 1952.\n(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent\nis able to prove from his own knowledge and such facts as he has reasonable ground to\nbelieve to be true, and in the latter case, the deponent shall clearly state the grounds of such\nbelief.\n(3) The Court may order any scandalous and irrelevant matter in the affidavit to be\nstruck out or amended.\n\nPrevious\nconviction or\nacquittal how\nproved.\n\n334. In any inquiry, trial or other proceeding under this Sanhita, a previous conviction\nor acquittal may be proved, in addition to any other mode provided by any law for the time\nbeing in force,—\n(a) by an extract certified under the hand of the officer having the custody of\nthe records of the Court in which such conviction or acquittal was held, to be a copy\nof the sentence or order; or\n(b) in case of a conviction, either by a certificate signed by the officer in charge\nof the jail in which the punishment or any part thereof was undergone, or by production\nof the warrant of commitment under which the punishment was suffered,\ntogether with, in each of such cases, evidence as to the identity of the accused person with\nthe person so convicted or acquitted.\n\nRecord of\nevidence in\nabsence of\naccused.\n\n335. (1) If it is proved that an accused person has absconded, and that there is no\nimmediate prospect of arresting him, the Court competent to try, or commit for trial, such\nperson for the offence complained of may, in his absence, examine the witnesses (if any)\nproduced on behalf of the prosecution, and record their depositions and any such deposition\nmay, on the arrest of such person, be given in evidence against him on the inquiry into, or\ntrial for, the offence with which he is charged, if the deponent is dead or incapable of giving\nevidence or cannot be found or his presence cannot be procured without an amount of\ndelay, expense or inconvenience which, under the circumstances of the case, would be\nunreasonable.\n(2) If it appears that an offence punishable with death or imprisonment for life has\nbeen committed by some person or persons unknown, the High Court or the Sessions\nJudge may direct that any Magistrate of the first class shall hold an inquiry and examine any\nwitnesses who can give evidence concerning the offence and any depositions so taken\nmay be given in evidence against any person who is subsequently accused of the offence,\nif the deponent is dead or incapable of giving evidence or beyond the limits of India.\n\nEvidence of\npublic\nservants,\nexperts, police\nofficers in\ncertain cases.\n\n336. Where any document or report prepared by a public servant, scientific expert or\nmedical officer is purported to be used as evidence in any inquiry, trial or other proceeding\nunder this Sanhita, and—\n(i) such public servant, expert or officer is either transferred, retired, or died; or\n(ii) such public servant, expert or officer cannot be found or is incapable of\ngiving deposition; or\n(iii) securing presence of such public servant, expert or officer is likely to cause\ndelay in holding the inquiry, trial or other proceeding,\nthe Court shall secure presence of successor officer of such public servant, expert, or\nofficer who is holding that post at the time of such deposition to give deposition on such\ndocument or report:\nProvided that no public servant, scientific expert or medical officer shall be called to\nappear before the Court unless the report of such public servant, scientific expert or medical\nofficer is disputed by any of the parties of the trial or other proceedings:\n\n53 of 1952.\n\n\f101\nProvided further that the deposition of such successor public servant, expert or\nofficer may be allowed through audio-video electronic means.\nCHAPTER XXVI\nGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS\n337. (1) A person who has once been tried by a Court of competent jurisdiction for an\noffence and convicted or acquitted of such offence shall, while such conviction or acquittal\nremains in force, not be liable to be tried again for the same offence, nor on the same facts\nfor any other offence for which a different charge from the one made against him might have\nbeen made under sub-section (1) of section 244, or for which he might have been convicted\nunder sub-section (2) thereof.\n\nPerson once\nconvicted or\nacquitted not\nto be tried for\nsame offence.\n\n(2) A person acquitted or convicted of any offence may be afterwards tried, with the\nconsent of the State Government, for any distinct offence for which a separate charge might\nhave been made against him at the former trial under sub-section (1) of section 243.\n(3) A person convicted of any offence constituted by any act causing consequences\nwhich, together with such act, constituted a different offence from that of which he was\nconvicted, may be afterwards tried for such last-mentioned offence, if the consequences\nhad not happened, or were not known to the Court to have happened, at the time when he\nwas convicted.\n(4) A person acquitted or convicted of any offence constituted by any acts may,\nnotwithstanding such acquittal or conviction, be subsequently charged with, and tried for,\nany other offence constituted by the same acts which he may have committed if the Court\nby which he was first tried was not competent to try the offence with which he is subsequently\ncharged.\n(5) A person discharged under section 281 shall not be tried again for the same\noffence except with the consent of the Court by which he was discharged or of any other\nCourt to which the first-mentioned Court is subordinate.\n10 of 1897.\n\n(6) Nothing in this section shall affect the provisions of section 26 of the General\nClauses Act, 1897 or of section 208 of this Sanhita.\nExplanation.—The dismissal of a complaint, or the discharge of the accused, is not\nan acquittal for the purposes of this section.\nIllustrations.\n(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards,\nwhile the acquittal remains in force, be charged with theft as a servant, or, upon the same\nfacts, with theft simply, or with criminal breach of trust.\n(b) A is tried for causing grievous hurt and convicted. The person injured afterwards\ndies. A may be tried again for culpable homicide.\n(c) A is charged before the Court of Session and convicted of the culpable homicide\nof B. A may not afterwards be tried on the same facts for the murder of B.\n(d) A is charged by a Magistrate of the first class with, and convicted by him of,\nvoluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous\nhurt to B on the same facts, unless the case comes within sub-section (3) of this section.\n(e) A is charged by a Magistrate of the second class with, and convicted by him of,\ntheft of property from the person of B. A may subsequently be charged with, and tried for,\nrobbery on the same facts.\n(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of,\nrobbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.\n338. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may Appearance\nappear and plead without any written authority before any Court in which that case is under by Public\nProsecutors.\ninquiry, trial or appeal.\n\n\f102\n(2) If in any such case any private person instructs his advocate to prosecute any\nperson in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the\ncase shall conduct the prosecution, and the advocate so instructed shall act therein under\nthe directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the\npermission of the Court, submit written arguments after the evidence is closed\nin the case.\nPermission to\nconduct\nprosecution.\n\n339. (1) Any Magistrate inquiring into or trying a case may permit the prosecution to\nbe conducted by any person other than a police officer below the rank of inspector; but no\nperson, other than the Advocate-General or Government Advocate or a Public Prosecutor\nor Assistant Public Prosecutor, shall be entitled to do so without such permission:\nProvided that no police officer shall be permitted to conduct the prosecution if he has\ntaken part in the investigation into the offence with respect to which the accused is being\nprosecuted.\n(2) Any person conducting the prosecution may do so personally or by an advocate.\n\nRight of\nperson against\nwhom\nproceedings\nare instituted\nto be\ndefended.\n\n340. Any person accused of an offence before a Criminal Court, or against whom\nproceedings are instituted under this Sanhita, may of right be defended by an advocate of\nhis choice.\n\nLegal aid to\naccused at\nState expense\nin certain\ncases.\n\n341. (1) Where, in a trial or appeal before a Court, the accused is not represented by\nan advocate, and where it appears to the Court that the accused has not sufficient means to\nengage an advocate, the Court shall assign an advocate for his defence at the expense of\nthe State.\n(2) The High Court may, with the previous approval of the State Government, make\nrules providing for—\n(a) the mode of selecting advocates for defence under sub-section (1);\n(b) the facilities to be allowed to such advocates by the Courts;\n(c) the fees payable to such advocates by the Government, and generally, for\ncarrying out the purposes of sub-section (1).\n(3) The State Government may, by notification, direct that, as from such date as may\nbe specified in the notification, the provisions of sub-sections (1) and (2) shall apply in\nrelation to any class of trials before other Courts in the State as they apply in relation to\ntrials before Courts of Session.\n\nProcedure\nwhen\ncorporation or\nregistered\nsociety is an\naccused.\n\n342. (1) In this section, \"corporation\" means an incorporated company or other body\ncorporate, and includes a society registered under the Societies Registration Act, 1860.\n(2) Where a corporation is the accused person or one of the accused persons in an\ninquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and\nsuch appointment need not be under the seal of the corporation.\n(3) Where a representative of a corporation appears, any requirement of this Sanhita\nthat anything shall be done in the presence of the accused or shall be read or stated or\nexplained to the accused, shall be construed as a requirement that that thing shall be done\nin the presence of the representative or read or stated or explained to the representative,\nand any requirement that the accused shall be examined shall be construed as a requirement\nthat the representative shall be examined.\n(4) Where a representative of a corporation does not appear, any such requirement as\nis referred to in sub-section (3) shall not apply.\n\n21 of 1860.\n\n\f103\n(5) Where a statement in writing purporting to be signed by the managing director of\nthe corporation or by any person duly authorised by him (by whatever name called) having,\nor being one of the persons having the management of the affairs of the corporation to the\neffect that the person named in the statement has been appointed as the representative of\nthe corporation for the purposes of this section, is filed, the Court shall, unless the contrary\nis proved, presume that such person has been so appointed.\n(6) If a question arises as to whether any person, appearing as the representative of\na corporation in an inquiry or trial before a Court is or is not such representative, the\nquestion shall be determined by the Court.\n343. (1) With a view to obtaining the evidence of any person supposed to have been Tender of\ndirectly or indirectly concerned in or privy to an offence to which this section applies, the pardon to\nChief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the accomplice.\noffence, and the Magistrate of the first class inquiring into or trying the offence, at any\nstage of the inquiry or trial, may tender a pardon to such person on condition of his making\na full and true disclosure of the whole of the circumstances within his knowledge relative to\nthe offence and to every other person concerned, whether as principal or abettor, in the\ncommission thereof.\n(2) This section applies to—\n(a) any offence triable exclusively by the Court of Session or by the Court of a\nSpecial Judge appointed under any other law for the time being in force;\n(b) any offence punishable with imprisonment which may extend to seven years\nor with a more severe sentence.\n(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—\n(a) his reasons for so doing;\nmade,\n\n(b) whether the tender was or was not accepted by the person to whom it was\n\nand shall, on application made by the accused, furnish him with a copy of such record free\nof cost.\n(4) Every person accepting a tender of pardon made under sub-section (1)—\n(a) shall be examined as a witness in the Court of the Magistrate taking cognizance\nof the offence and in the subsequent trial, if any;\n(b) shall, unless he is already on bail, be detained in custody until the termination\nof the trial.\n(5) Where a person has accepted a tender of pardon made under sub-section (1) and\nhas been examined under sub-section (4), the Magistrate taking cognizance of the offence\nshall, without making any further inquiry in the case—\n(a) commit it for trial—\n(i) to the Court of Session if the offence is triable exclusively by that\nCourt or if the Magistrate taking cognizance is the Chief Judicial Magistrate;\n(ii) to a Court of Special Judge appointed under any other law for the time\nbeing in force, if the offence is triable exclusively by that Court;\n(b) in any other case, make over the case to the Chief Judicial Magistrate who\nshall try the case himself.\n344. At any time after commitment of a case but before judgment is passed, the Court Power to\nto which the commitment is made may, with a view to obtaining at the trial the evidence of direct tender\nof pardon.\nany person supposed to have been directly or indirectly concerned in, or privy to, any such\noffence, tender a pardon on the same condition to such person.\n\n\f104\nTrial of\nperson not\ncomplying\nwith\nconditions of\npardon.\n\n345. (1) Where, in regard to a person who has accepted a tender of pardon made\nunder section 343 or section 344, the Public Prosecutor certifies that in his opinion such\nperson has, either by wilfully concealing anything essential or by giving false evidence, not\ncomplied with the condition on which the tender was made, such person may be tried for the\noffence in respect of which the pardon was so tendered or for any other offence of which he\nappears to have been guilty in connection with the same matter, and also for the offence of\ngiving false evidence:\nProvided that such person shall not be tried jointly with any of the other accused:\nProvided further that such person shall not be tried for the offence of giving false\nevidence except with the sanction of the High Court, and nothing contained in section 215\nor section 379 shall apply to that offence.\n(2) Any statement made by such person accepting the tender of pardon and recorded\nby a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be\ngiven in evidence against him at such trial.\n(3) At such trial, the accused shall be entitled to plead that he has complied with the\ncondition upon which such tender was made; in which case it shall be for the prosecution\nto prove that the condition has not been complied with.\n(4) At such trial, the Court shall—\n(a) if it is a Court of Session, before the charge is read out and explained to the\naccused;\n(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the\nprosecution is taken,\nask the accused whether he pleads that he has complied with the conditions on which the\ntender of pardon was made.\n(5) If the accused does so plead, the Court shall record the plea and proceed with the\ntrial and it shall, before passing judgment in the case, find whether or not the accused has\ncomplied with the conditions of the pardon, and, if it finds that he has so complied, it shall,\nnotwithstanding anything contained in this Sanhita, pass judgment of acquittal.\n\nPower to\npostpone or\nadjourn\nproceedings.\n\n346. (1) In every inquiry or trial the proceedings shall be continued from day-to-day\nbasis until all the witnesses in attendance have been examined, unless the Court finds the\nadjournment of the same beyond the following day to be necessary for reasons to be\nrecorded:\nProvided that when the inquiry or trial relates to an offence under section 64,\nsection 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya\nNyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two months\nfrom the date of filing of the chargesheet.\n(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds\nit necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial,\nit may, from time to time, for reasons to be recorded, postpone or adjourn the same on such\nterms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand\nthe accused if in custody:\nProvided that no Court shall remand an accused person to custody under this\nsection for a term exceeding fifteen days at a time:\nProvided further that when witnesses are in attendance, no adjournment or\npostponement shall be granted, without examining them, except for special reasons to be\nrecorded in writing:\nProvided also that no adjournment shall be granted for the purpose only of enabling\nthe accused person to show cause against the sentence proposed to be imposed on him:\n\n\f105\nProvided also that—\n(a) no adjournment shall be granted at the request of a party, except where the\ncircumstances are beyond the control of that party;\n(b) where the circumstances are beyond the control of a party, not more than\ntwo adjournments may be granted by the Court after hearing the objections of the\nother party and for the reasons to be recorded in writing;\n(c) the fact that the advocate of a party is engaged in another Court, shall not be\na ground for adjournment;\n(d) where a witness is present in Court but a party or his advocate is not present\nor the party or his advocate though present in Court, is not ready to examine or\ncross-examine the witness, the Court may, if thinks fit, record the statement of the\nwitness and pass such orders as it thinks fit dispensing with the examination-in-chief\nor cross-examination of the witness, as the case may be.\nExplanation 1.—If sufficient evidence has been obtained to raise a suspicion that\nthe accused may have committed an offence, and it appears likely that further evidence may\nbe obtained by a remand, this is a reasonable cause for a remand.\nExplanation 2.—The terms on which an adjournment or postponement may be granted\ninclude, in appropriate cases, the payment of costs by the prosecution or the accused.\n347. (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other Local\nproceeding, after due notice to the parties, visit and inspect any place in which an offence inspection.\nis alleged to have been committed, or any other place which it is in his opinion necessary to\nview for the purpose of properly appreciating the evidence given at such inquiry or trial,\nand shall without unnecessary delay record a memorandum of any relevant facts observed\nat such inspection.\n(2) Such memorandum shall form part of the record of the case and if the prosecutor,\ncomplainant or accused or any other party to the case, so desires, a copy of the memorandum\nshall be furnished to him free of cost.\n348. Any Court may, at any stage of any inquiry, trial or other proceeding under this\nSanhita, summon any person as a witness, or examine any person in attendance, though not\nsummoned as a witness, or re-call and re-examine any person already examined; and the\nCourt shall summon and examine or re-call and re-examine any such person if his evidence\nappears to it to be essential to the just decision of the case.\n\nPower to\nsummon\nmaterial\nwitness, or\nexamine\nperson\npresent.\n\n349. If a Magistrate of the first class is satisfied that, for the purposes of any\ninvestigation or proceeding under this Sanhita, it is expedient to direct any person, including\nan accused person, to give specimen signatures or finger impressions or handwriting or\nvoice sample, he may make an order to that effect and in that case the person to whom the\norder relates shall be produced or shall attend at the time and place specified in such order\nand shall give his specimen signatures or finger impressions or handwriting or voice sample:\n\nPower of\nMagistrate to\norder person\nto give\nspecimen\nsignatures or\nhandwriting,\netc.\n\nProvided that no order shall be made under this section unless the person has at some\ntime been arrested in connection with such investigation or proceeding:\nProvided further that the Magistrate may, for the reasons to be recorded in writing,\norder any person to give such specimen or sample without him being arrested.\n\n350. Subject to any rules made by the State Government, any Criminal Court may, if it Expenses of\nthinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainants\ncomplainant or witness attending for the purposes of any inquiry, trial or other proceeding and witnesses.\nbefore such Court under this Sanhita.\n\n\f106\nPower to\nexamine\naccused.\n\n351. (1) In every inquiry or trial, for the purpose of enabling the accused personally\nto explain any circumstances appearing in the evidence against him, the Court—\n(a) may at any stage, without previously warning the accused put such questions\nto him as the Court considers necessary;\n(b) shall, after the witnesses for the prosecution have been examined and before\nhe is called on for his defence, question him generally on the case:\nProvided that in a summons case, where the Court has dispensed with the\npersonal attendance of the accused, it may also dispense with his examination under\nclause (b).\n(2) No oath shall be administered to the accused when he is examined under\nsub-section (1).\n(3) The accused shall not render himself liable to punishment by refusing to answer\nsuch questions, or by giving false answers to them.\n(4) The answers given by the accused may be taken into consideration in such\ninquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for,\nany other offence which such answers may tend to show he has committed.\n(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant\nquestions which are to be put to the accused and the Court may permit filing of written\nstatement by the accused as sufficient compliance of this section.\n\nOral\narguments and\nmemorandum\nof arguments.\n\n352. (1) Any party to a proceeding may, as soon as may be, after the close of his\nevidence, address concise oral arguments, and may, before he concludes the oral arguments,\nif any, submit a memorandum to the Court setting forth concisely and under distinct headings,\nthe arguments in support of his case and every such memorandum shall form part of the\nrecord.\n(2) A copy of every such memorandum shall be simultaneously furnished to the\nopposite party.\n(3) No adjournment of the proceedings shall be granted for the purpose of filing the\nwritten arguments unless the Court, for reasons to be recorded in writing, considers it\nnecessary to grant such adjournment.\n(4) The Court may, if it is of opinion that the oral arguments are not concise or\nrelevant, regulate such arguments.\n\nAccused\nperson to be\ncompetent\nwitness.\n\n353. (1) Any person accused of an offence before a Criminal Court shall be a competent\nwitness for the defence and may give evidence on oath in disproof of the charges made\nagainst him or any person charged together with him at the same trial:\nProvided that—\n(a) he shall not be called as a witness except on his own request in writing;\n(b) his failure to give evidence shall not be made the subject of any comment by\nany of the parties or the Court or give rise to any presumption against himself or any\nperson charged together with him at the same trial.\n(2) Any person against whom proceedings are instituted in any Criminal Court under\nsection 101, or section 126, or section 127, or section 128, or section 129, or under\nChapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in\nsuch proceedings:\nProvided that in proceedings under section 127, section 128, or section 129, the\nfailure of such person to give evidence shall not be made the subject of any comment by\nany of the parties or the Court or give rise to any presumption against him or any other\nperson proceeded against together with him at the same inquiry.\n\n\f107\n354. Except as provided in sections 343 and 344, no influence, by means of any\npromise or threat or otherwise, shall be used to an accused person to induce him to disclose\nor withhold any matter within his knowledge.\n\nNo influence\nto be used to\ninduce\ndisclosure.\n\n355. (1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate\nis satisfied, for reasons to be recorded, that the personal attendance of the accused before\nthe Court is not necessary in the interests of justice, or that the accused persistently\ndisturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented\nby an advocate, dispense with his attendance and proceed with such inquiry or trial in his\nabsence, and may, at any subsequent stage of the proceedings, direct the personal attendance\nof such accused.\n\nProvision for\ninquiries and\ntrial being held\nin absence of\naccused in\ncertain cases.\n\n(2) If the accused in any such case is not represented by an advocate, or if the Judge\nor Magistrate considers his personal attendance necessary, he may, if he thinks fit and for\nreasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of\nsuch accused be taken up or tried separately.\nExplanation.—For the purpose of this section, personal attendance of the accused\nincludes attendance through audio-video electronic means.\n356. (1) Notwithstanding anything contained in this Sanhita or in any other law for\nthe time being in force, when a person declared as a proclaimed offender, whether or not\ncharged jointly, has absconded to evade trial and there is no immediate prospect of arresting\nhim, it shall be deemed to operate as a waiver of the right of such person to be present and\ntried in person, and the Court shall, after recording reasons in writing, in the interest of\njustice, proceed with the trial in the like manner and with like effect as if he was present,\nunder this Sanhita and pronounce the judgment:\nProvided that the Court shall not commence the trial unless a period of ninety days\nhas lapsed from the date of framing of the charge.\n(2) The Court shall ensure that the following procedure has been complied with\nbefore proceeding under sub-section (1), namely:—\n(i) issuance of two consecutive warrants of arrest within the interval of at least\nthirty days;\n(ii) publish in a national or local daily newspaper circulating in the place of his\nlast known address of residence, requiring the proclaimed offender to appear before\nthe Court for trial and informing him that in case he fails to appear within thirty days\nfrom the date of such publication, the trial shall commence in his absence;\n(iii) inform his relative or friend, if any, about the commencement of the\ntrial; and\n(iv) affix information about the commencement of the trial on some conspicuous\npart of the house or homestead in which such person ordinarily resides and display in\nthe police station of the district of his last known address of residence.\n(3) Where the proclaimed offender is not represented by any advocate, he shall be\nprovided with an advocate for his defence at the expense of the State.\n(4) Where the Court, competent to try the case or commit for trial, has examined any\nwitnesses for prosecution and recorded their depositions, such depositions shall be given\nin evidence against such proclaimed offender on the inquiry into, or in trial for, the offence\nwith which he is charged:\nProvided that if the proclaimed offender is arrested and produced or appears before\nthe Court during such trial, the Court may, in the interest of justice, allow him to examine any\nevidence which may have been taken in his absence.\n\nInquiry, trial\nor judgment in\nabsentia of\nproclaimed\noffender.\n\n\f108\n(5) Where a trial is related to a person under this section, the deposition and\nexamination of the witness, may, as far as practicable, be recorded by audio-video electronic\nmeans preferably mobile phone and such recording shall be kept in such manner as the\nCourt may direct.\n(6) In prosecution for offences under this Sanhita, voluntary absence of accused\nafter the trial has commenced under sub-section (1) shall not prevent continuing the trial\nincluding the pronouncement of the judgment even if he is arrested and produced or appears\nat the conclusion of such trial.\n(7) No appeal shall lie against the judgment under this section unless the proclaimed\noffender presents himself before the Court of appeal:\nProvided that no appeal against conviction shall lie after the expiry of three years\nfrom the date of the judgment.\n(8) The State may, by notification, extend the provisions of this section to any\nabsconder mentioned in sub-section (1) of section 84.\nProcedure\nwhere accused\ndoes not\nunderstand\nproceedings.\nPower to\nproceed\nagainst other\npersons\nappearing to\nbe guilty of\noffence.\n\n357. If the accused, though not a person of unsound mind, cannot be made to\nunderstand the proceedings, the Court may proceed with the inquiry or trial; and, in the\ncase of a Court other than a High Court, if such proceedings result in a conviction, the\nproceedings shall be forwarded to the High Court with a report of the circumstances of the\ncase, and the High Court shall pass thereon such order as it thinks fit.\n358. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from\nthe evidence that any person not being the accused has committed any offence for which\nsuch person could be tried together with the accused, the Court may proceed against such\nperson for the offence which he appears to have committed.\n(2) Where such person is not attending the Court, he may be arrested or summoned,\nas the circumstances of the case may require, for the purpose aforesaid.\n(3) Any person attending the Court, although not under arrest or upon a summons,\nmay be detained by such Court for the purpose of the inquiry into, or trial of, the offence\nwhich he appears to have committed.\n(4) Where the Court proceeds against any person under sub-section (1), then—\n(a) the proceedings in respect of such person shall be commenced afresh, and\nthe witnesses re-heard;\n(b) subject to the provisions of clause (a), the case may proceed as if such\nperson had been an accused person when the Court took cognizance of the offence\nupon which the inquiry or trial was commenced.\n\nCompounding\nof offences.\n\n359. (1) The offences punishable under the sections of the Bharatiya Nyaya\nSanhita, 2023 specified in the first two columns of the Table next following may be\ncompounded by the persons mentioned in the third column of that Table:—\nTABLE\nOffence\n\nSection of the Bharatiya\nPerson by whom offence\nNyaya Sanhita, 2023 applicable may be compounded\n\n1\n\n2\n\n3\n\nEnticing or taking away or\ndetaining with criminal\nintent a married woman.\n\n84\n\nThe husband of the woman\nand the woman.\n\n\f109\n1\n\n2\n\n3\n\nVoluntarily causing hurt.\n\n115(2)\n\nThe person to whom the hurt\nis caused.\n\nVoluntarily causing hurt on\nprovocation.\n\n122(1)\n\nThe person to whom the hurt\nis caused.\n\nVoluntarily causing grievous\nhurt on grave and sudden\nprovocation.\n\n122(2)\n\nThe person to whom the hurt\nis caused.\n\nWrongfully restraining or\nconfining any person.\n\n126(2), 127(2)\n\nThe person restrained or\nconfined.\n\nWrongfully confining a\nperson for three days or\nmore.\n\n127(3)\n\nThe person confined.\n\nWrongfully confining a\nperson for ten days or more.\n\n127(4)\n\nThe person confined.\n\nWrongfully confining a\nperson in secret.\n\n127(6)\n\nThe person confined.\n\nAssault or use of criminal\nforce.\n\n131, 133,136\n\nThe person assaulted or to\nwhom criminal force is used.\n\nUttering words, etc., with\ndeliberate intent to wound\nthe religious feelings of\nany person.\n\n302\n\nThe person whose religious\nfeelings are intended to be\nwounded.\n\nTheft.\n\n303(2)\n\nThe owner of the property\nstolen.\n\nDishonest misappropriation\nof property.\n\n314\n\nThe owner of the property\nmisappropriated.\n\nCriminal breach of trust by\na carrier, wharfinger, etc.\n\n316(3)\n\nThe owner of the property in\nrespect of which the breach\nof trust has been committed.\n\nDishonestly receiving stolen\nproperty knowing it to be\nstolen.\n\n317(2)\n\nThe owner of the property\nstolen.\n\nAssisting in the concealment\nor disposal of stolen property,\nknowing it to be stolen.\n\n317(5)\n\nThe owner of the property\nstolen.\n\nCheating.\n\n318(2)\n\nThe person cheated.\n\nCheating by personation.\n\n319(2)\n\nThe person cheated.\n\nFraudulent removal or\nconcealment of property,\netc., to prevent distribution\namong creditors.\n\n320\n\nThe creditors who are\naffected thereby.\n\nFraudulently preventing\nfrom being made available\nfor his creditors a debt or\ndemand due to the offender.\n\n321\n\nThe creditors who are\naffected thereby.\n\nFraudulent execution of\ndeed of transfer containing\nfalse statement of\nconsideration.\n\n322\n\nThe person affected thereby.\n\n\f110\n1\n\n2\n\n3\n\nFraudulent removal or\nconcealment of property.\n\n323\n\nThe person affected thereby.\n\nMischief, when the only\nloss or damage caused is\nloss or damage to a private\nperson.\n\n324(2), 324(4)\n\nThe person to whom the loss\nor damage is caused.\n\nMischief by killing or\nmaiming animal.\n\n325\n\nThe owner of the animal.\n\nMischief by injury to\nworks of irrigation by\nwrongfully diverting\nwater when the only\nloss or damage caused\nis loss or damage to\nprivate person.\n\n326(a)\n\nThe person to whom the loss\nor damage is caused.\n\nCriminal trespass.\n\n329(3)\n\nThe person in possession of\nthe property trespassed upon.\n\nHouse-trespass.\n\n329(4)\n\nThe person in possession of\nthe property trespassed upon.\n\nHouse-trespass to commit\nan offence (other than theft)\npunishable with imprisonment.\n\n332(c)\n\nThe person in possession of\nthe house trespassed upon.\n\nUsing a false trade or property mark. 345(3)\n\nThe person to whom loss or\ninjury is caused by such use.\n\nCounterfeiting a property\nmark used by another.\n\n347(1)\n\nThe person to whom loss or\ninjury is caused by such use.\n\nSelling goods marked with\na counterfeit property mark.\n\n349\n\nThe person to whom loss or\ninjury is caused by such use.\n\nCriminal intimidation.\n\n351(2), 351(3)\n\nThe person intimidated.\n\nInsult intended to provoke\na breach of peace.\n\n352\n\nThe person insulted.\n\nInducing person to believe\nhimself an object of divine\ndispleasure.\n\n354\n\nThe person induced.\n\nDefamation, except such\ncases as are specified against\nsection 356(2) of the\nBharatiya Nyaya Sanhita, 2023,\ncolumn 1 of the Table under\nsub-section (2).\n\n356(2)\n\nThe person defamed.\n\nPrinting or engraving matter,\nknowing it to be defamatory.\n\n356(3)\n\nThe person defamed.\n\nSale of printed or engraved\nsubstance containing\ndefamatory matter, knowing\nit to contain such matter.\n\n356(4)\n\nThe person defamed.\n\nCriminal breach of contract\nof service.\n\n357\n\nThe person with whom the\noffender has contracted.\n\n\f111\n(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023\nspecified in the first two columns of the Table next following may, with the permission of the\nCourt before which any prosecution for such offence is pending, be compounded by the\npersons mentioned in the third column of that Table:—\nTable\nOffence\n\nSection of the Bharatiya\nNyaya Sanhita applicable\n\n1\nWord, gesture or act\nintended to insult the\nmodesty of a woman.\nMarrying again during the\nlife-time of a husband or wife.\nCausing miscarriage.\n\n2\n79\n82(1)\n88\n\nVoluntarily causing grievous\nhurt.\nCausing hurt by doing an\nact so rashly and negligently\nas to endanger human life\nor the personal safety of others.\nCausing grievous hurt by\ndoing an act so rashly and\nnegligently as to endanger\nhuman life or the personal\nsafety of others.\nAssault or criminal force in\nattempting wrongfully to\nconfine a person.\nTheft, by clerk or servant\nof property in possession\nof master.\nCriminal breach of trust.\n\n117(2)\n\nCriminal breach of trust by\na clerk or servant.\n\n316(4)\n\nCheating a person whose\ninterest the offender was\nbound, either by law or by\nlegal contract, to protect.\nCheating and dishonestly\ninducing delivery of\nproperty or the making,\nalteration or destruction\nof a valuable security.\nDefamation against the\nPresident or the Vice-President\nor the Governor of the State\nor the Administrator of the\nUnion territory or a\nMinister in respect of his\npublic functions when\ninstituted upon a complaint\nmade by the public prosecutor.\n\n125(a)\n\nPerson by whom offence\nmay be compounded\n3\nThe woman whom it was\nintended to insult or whose\nprivacy was intruded upon.\nThe husband or wife of the\nperson so marrying.\nThe woman to whom\nmiscarriage is caused.\nThe person to whom hurt is\ncaused.\nThe person to whom hurt is\ncaused.\n\n125(b)\n\nThe person to whom hurt is\ncaused.\n\n135\n\nThe person assaulted or to\nwhom the force was used.\n\n306\n\nThe owner of the property\nstolen.\n\n316(2)\n\n318(3)\n\nThe owner of the property in\nrespect of which breach of\ntrust has been committed.\nThe owner of the property in\nrespect of which the breach\nof trust has been committed.\nThe person cheated.\n\n318(4)\n\nThe person cheated.\n\n356(2)\n\nThe person defamed.\n\n\f112\n(3) When an offence is compoundable under this section, the abetment of such\noffence or an attempt to commit such offence (when such attempt is itself an offence) or\nwhere the accused is liable under sub-section (5) of section 3 or section 190 of the Bharatiya\nNyaya Sanhita, 2023, may be compounded in like manner.\n(4) (a) When the person who would otherwise be competent to compound an offence\nunder this section is a child or of unsound mind, any person competent to contract on his\nbehalf may, with the permission of the Court, compound such offence;\n(b) When the person who would otherwise be competent to compound an offence\nunder this section is dead, the legal representative, as defined in the Code of Civil\nProcedure, 1908 of such person may, with the consent of the Court, compound such offence.\n(5) When the accused has been committed for trial or when he has been convicted\nand an appeal is pending, no composition for the offence shall be allowed without the leave\nof the Court to which he is committed, or, as the case may be, before which the appeal is to\nbe heard.\n(6) A High Court or Court of Session acting in the exercise of its powers of revision\nunder section 442 may allow any person to compound any offence which such person is\ncompetent to compound under this section.\n(7) No offence shall be compounded if the accused is, by reason of a previous\nconviction, liable either to enhanced punishment or to a punishment of a different kind for\nsuch offence.\n(8) The composition of an offence under this section shall have the effect of an\nacquittal of the accused with whom the offence has been compounded.\n(9) No offence shall be compounded except as provided by this section.\nWithdrawal\nfrom\nprosecution.\n\n360. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may,\nwith the consent of the Court, at any time before the judgment is pronounced, withdraw\nfrom the prosecution of any person either generally or in respect of any one or more of the\noffences for which he is tried; and, upon such withdrawal,—\n(a) if it is made before a charge has been framed, the accused shall be discharged\nin respect of such offence or offences;\n(b) if it is made after a charge has been framed, or when under this Sanhita no\ncharge is required, he shall be acquitted in respect of such offence or offences:\nProvided that where such offence—\n(i) was against any law relating to a matter to which the executive power of the\nUnion extends; or\n(ii) was investigated under any Central Act; or\n(iii) involved the misappropriation or destruction of, or damage to, any property\nbelonging to the Central Government; or\n(iv) was committed by a person in the service of the Central Government while\nacting or purporting to act in the discharge of his official duty,\nand the Prosecutor in charge of the case has not been appointed by the Central Government,\nhe shall not, unless he has been permitted by the Central Government to do so, move the\nCourt for its consent to withdraw from the prosecution and the Court shall, before according\nconsent, direct the Prosecutor to produce before it the permission granted by the Central\nGovernment to withdraw from the prosecution:\nProvided further that no Court shall allow such withdrawal without giving an\nopportunity of being heard to the victim in the case.\n\n5 of 1908.\n\n\f113\n361. (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in Procedure in\ncases which\nany district, the evidence appears to him to warrant a presumption—\n(a) that he has no jurisdiction to try the case or commit it for trial; or\n(b) that the case is one which should be tried or committed for trial by some\nother Magistrate in the district; or\n\nMagistrate\ncannot dispose\nof.\n\n(c) that the case should be tried by the Chief Judicial Magistrate,\nhe shall stay the proceedings and submit the case, with a brief report explaining its nature,\nto the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the\nChief Judicial Magistrate directs.\n(2) The Magistrate to whom the case is submitted may, if so empowered, either try the\ncase himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit\nthe accused for trial.\n362. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him\nat any stage of the proceedings before signing the judgment that the case is one which\nought to be tried by the Court of Session, he shall commit it to that Court under the\nprovisions hereinbefore contained and thereupon the provisions of Chapter XIX shall\napply to the commitment so made.\n\nProcedure\nwhen after\ncommencement\nof inquiry or\ntrial,\nMagistrate\nfinds case\nshould be\ncommitted.\n\n363. (1) Where a person, having been convicted of an offence punishable under\nChapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for a\nterm of three years or upwards, is again accused of any offence punishable under either of\nthose Chapters with imprisonment for a term of three years or upwards, and the Magistrate\nbefore whom the case is pending is satisfied that there is ground for presuming that such\nperson has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate\nor committed to the Court of Session, unless the Magistrate is competent to try the case and\nis of opinion that he can himself pass an adequate sentence if the accused is convicted.\n\nTrial of\npersons\npreviously\nconvicted of\noffences\nagainst\ncoinage,\nstamp-law or\nproperty.\n\n(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to\nthe Court of Session under sub-section (1), any other person accused jointly with him in the\nsame inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges\nsuch other person under section 262 or section 268, as the case may be.\n364. (1) Whenever a Magistrate is of opinion, after hearing the evidence for the\nprosecution and the accused, that the accused is guilty, and that he ought to receive a\npunishment different in kind from, or more severe than, that which such Magistrate is\nempowered to inflict, or, being a Magistrate of the second class, is of opinion that the\naccused ought to be required to execute a bond or bail bond under section 125, he may\nrecord the opinion and submit his proceedings, and forward the accused, to the Chief\nJudicial Magistrate to whom he is subordinate.\n\nProcedure\nwhen\nMagistrate\ncannot pass\nsentence\nsufficiently\nsevere.\n\n(2) When more accused persons than one are being tried together, and the Magistrate\nconsiders it necessary to proceed under sub-section (1), in regard to any of such accused,\nhe shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.\n(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he\nthinks fit, examine the parties and recall and examine any witness who has already given\nevidence in the case and may call for and take any further evidence and shall pass such\njudgment, sentence or order in the case as he thinks fit, and is according to law.\n365. (1) Whenever any Judge or Magistrate, after having heard and recorded the\nwhole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction\ntherein and is succeeded by another Judge or Magistrate who has and who exercises such\njurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by\nhis predecessor, or partly recorded by his predecessor and partly recorded by himself:\n\nConviction or\ncommitment\non evidence\npartly recorded\nby one\nMagistrate and\npartly by\nanother.\n\n\f114\nProvided that if the succeeding Judge or Magistrate is of the opinion that further\nexamination of any of the witnesses whose evidence has already been recorded is necessary\nin the interests of justice, he may re-summon any such witness, and after such further\nexamination, cross-examination and re-examination, if any, as he may permit, the witness\nshall be discharged.\n(2) When a case is transferred under the provisions of this Sanhita from one Judge to\nanother Judge or from one Magistrate to another Magistrate, the former shall be deemed to\ncease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning\nof sub-section (1).\n(3) Nothing in this section applies to summary trials or to cases in which proceedings\nhave been stayed under section 361 or in which proceedings have been submitted to a\nsuperior Magistrate under section 364.\nCourt to be\nopen.\n\n366. (1) The place in which any Criminal Court is held for the purpose of inquiring into\nor trying any offence shall be deemed to be an open Court, to which the public generally\nmay have access, so far as the same can conveniently contain them:\nProvided that the presiding Judge or Magistrate may, if he thinks fit, order at any\nstage of any inquiry into, or trial of, any particular case, that the public generally, or any\nparticular person, shall not have access to, or be or remain in, the room or building used by\nthe Court.\n(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial\nof rape or an offence under section 64, section 65, section 66, section 67, section 68,\nsection 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or\nsection 10 of the Protection of Children from Sexual Offences Act, 2012 shall be conducted 32 of 2012.\nin camera:\nProvided that the presiding Judge may, if he thinks fit, or on an application made by\neither of the parties, allow any particular person to have access to, or be or remain in, the\nroom or building used by the Court:\nProvided further that in camera trial shall be conducted as far as practicable by a\nwoman Judge or Magistrate.\n(3) Where any proceedings are held under sub-section (2), it shall not be lawful for\nany person to print or publish any matter in relation to any such proceedings except with\nthe previous permission of the Court:\nProvided that the ban on printing or publication of trial proceedings in relation to an\noffence of rape may be lifted, subject to maintaining confidentiality of name and address of\nthe parties.\nCHAPTER XXVII\nPROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND\n\nProcedure in\ncase of\naccused being\nperson of\nunsound mind.\n\n367. (1) When a Magistrate holding an inquiry has reason to believe that the person\nagainst whom the inquiry is being held is a person of unsound mind and consequently\nincapable of making his defence, the Magistrate shall inquire into the fact of such\nunsoundness of mind, and shall cause such person to be examined by the civil surgeon of\nthe district or such other medical officer as the State Government may direct, and thereupon\nshall examine such surgeon or other medical officer as a witness, and shall reduce the\nexamination to writing.\n(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall\nrefer such person to a psychiatrist or clinical psychologist of Government hospital or\nGovernment medical college for care, treatment and prognosis of the condition and the\npsychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether\nthe accused is suffering from unsoundness of mind or intellectual disability:\n\n\f115\nProvided that if the accused is aggrieved by the information given by the psychiatric\nor clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal\nbefore the Medical Board which shall consist of—\n(a) head of psychiatry unit in the nearest Government hospital; and\n(b) a faculty member in psychiatry in the nearest Government medical college.\n(3) Pending such examination and inquiry, the Magistrate may deal with such person\nin accordance with the provisions of section 369.\n(4) If the Magistrate is informed that the person referred to in sub-section (2) is a\nperson of unsound mind, the Magistrate shall further determine whether the unsoundness\nof mind renders the accused incapable of entering defence and if the accused is found so\nincapable, the Magistrate shall record a finding to that effect, and shall examine the record\nof evidence produced by the prosecution and after hearing the advocate of the accused but\nwithout questioning the accused, if he finds that no prima facie case is made out against\nthe accused, he shall, instead of postponing the enquiry, discharge the accused and deal\nwith him in the manner provided under section 369:\nProvided that if the Magistrate finds that a prima facie case is made out against the\naccused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone\nthe proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist,\nis required for the treatment of the accused, and order the accused to be dealt with as\nprovided under section 369.\n(5) If the Magistrate is informed that the person referred to in sub-section (2) is a\nperson with intellectual disability, the Magistrate shall further determine whether the\nintellectual disability renders the accused incapable of entering defence, and if the accused\nis found so incapable, the Magistrate shall order closure of the inquiry and deal with the\naccused in the manner provided under section 369.\n368. (1) If at the trial of any person before a Magistrate or Court of Session, it appears\nto the Magistrate or Court that such person is of unsound mind and consequently incapable\nof making his defence, the Magistrate or Court shall, in the first instance, try the fact of such\nunsoundness of mind and incapacity, and if the Magistrate or Court, after considering such\nmedical and other evidence as may be produced before him or it, is satisfied of the fact, he\nor it shall record a finding to that effect and shall postpone further proceedings in the case.\n(2) If during trial, the Magistrate or Court of Session finds the accused to be of\nunsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for\ncare and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall\nreport to the Magistrate or Court whether the accused is suffering from unsoundness of\nmind:\nProvided that if the accused is aggrieved by the information given by the psychiatrist\nor clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal\nbefore the Medical Board which shall consist of—\n(a) head of psychiatry unit in the nearest Government hospital; and\n(b) a faculty member in psychiatry in the nearest Government medical college.\n(3) If the Magistrate or Court is informed that the person referred to in sub-section (2)\nis a person of unsound mind, the Magistrate or Court shall further determine whether the\nunsoundness of mind renders the accused incapable of entering defence and if the accused\nis found so incapable, the Magistrate or Court shall record a finding to that effect and shall\nexamine the record of evidence produced by the prosecution and after hearing the advocate\nof the accused but without questioning the accused, if the Magistrate or Court finds that no\nprima facie case is made out against the accused, he or it shall, instead of postponing the\ntrial, discharge the accused and deal with him in the manner provided under section 369:\n\nProcedure in\ncase of person\nof unsound\nmind tried\nbefore Court.\n\n\f116\nProvided that if the Magistrate or Court finds that a prima facie case is made out\nagainst the accused in respect of whom a finding of unsoundness of mind is arrived at, he\nshall postpone the trial for such period, as in the opinion of the psychiatrist or clinical\npsychologist, is required for the treatment of the accused.\n(4) If the Magistrate or Court finds that a prima facie case is made out against the\naccused and he is incapable of entering defence by reason of intellectual disability, he or it\nshall not hold the trial and order the accused to be dealt with in accordance with section 369.\nRelease of\n369. (1) Whenever a person if found under section 367 or section 368 to be incapable\nperson of\nof entering defence by reason of unsoundness of mind or intellectual disability, the\nunsound mind\nMagistrate or Court, as the case may be, shall, whether the case is one in which bail may be\npending\ntaken or not, order release of such person on bail:\ninvestigation\nor trial.\nProvided that the accused is suffering from unsoundness of mind or intellectual\ndisability which does not mandate in-patient treatment and a friend or relative undertakes to\nobtain regular out-patient psychiatric treatment from the nearest medical facility and to\nprevent from doing injury to himself or to any other person.\n(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case\nmay be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall\norder the accused to be kept in such a place where regular psychiatric treatment can be\nprovided, and shall report the action taken to the State Government:\nProvided that no order for the detention of the accused in a public mental health\nestablishment shall be made otherwise than in accordance with such rules as the State\nGovernment may have made under the Mental Healthcare Act, 2017.\n(3) Whenever a person is found under section 367 or section 368 to be incapable of\nentering defence by reason of unsoundness of mind or intellectual disability, the Magistrate\nor Court, as the case may be, shall keeping in view the nature of the act committed and the\nextent of unsoundness of mind or intellectual disability, further determine if the release of\nthe accused can be ordered:\nProvided that—\n(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate\nor Court, as the case may be, decide to order discharge of the accused, as provided\nunder section 367 or section 368, such release may be ordered, if sufficient security is\ngiven that the accused shall be prevented from doing injury to himself or to any other\nperson;\n(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge\nof the accused cannot be ordered, the transfer of the accused to a residential facility\nfor persons with unsoundness of mind or intellectual disability may be ordered wherein\nthe accused may be provided care and appropriate education and training.\nResumption of\n370. (1) Whenever an inquiry or a trial is postponed under section 367 or section 368,\ninquiry or\nthe Magistrate or Court, as the case may be, may at any time after the person concerned has\ntrial.\nceased to be of unsound mind, resume the inquiry or trial and require the accused to appear\nor be brought before such Magistrate or Court.\n\nProcedure on\naccused\nappearing\nbefore\nMagistrate or\nCourt.\n\n(2) When the accused has been released under section 369, and the sureties for his\nappearance produce him to the officer whom the Magistrate or Court appoints in this\nbehalf, the certificate of such officer that the accused is capable of making his defence shall\nbe receivable in evidence.\n371. (1) If, when the accused appears or is again brought before the Magistrate or\nCourt, as the case may be, the Magistrate or Court considers him capable of making his\ndefence, the inquiry or trial shall proceed.\n(2) If the Magistrate or Court considers the accused to be still incapable of making his\ndefence, the Magistrate or Court shall act according to the provisions of section 367 or\nsection 368, as the case may be, and if the accused is found to be of unsound mind and\nconsequently incapable of making his defence, shall deal with such accused in accordance\nwith the provisions of section 369.\n\n10 of 2017.\n\n\f117\n\n10 of 2017.\n\n10 of 2017.\n\n372. When the accused appears to be of sound mind at the time of inquiry or trial, and\nthe Magistrate is satisfied from the evidence given before him that there is reason to believe\nthat the accused committed an act, which, if he had been of sound mind, would have been\nan offence, and that he was, at the time when the act was committed, by reason of\nunsoundness of mind, incapable of knowing the nature of the act or that it was wrong or\ncontrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be\ntried by the Court of Session, commit him for trial before the Court of Session.\n\nWhen accused\nappears to\nhave been of\nsound mind.\n\n373. Whenever any person is acquitted upon the ground that, at the time at which he\nis alleged to have committed an offence, he was, by reason of unsoundness of mind,\nincapable of knowing the nature of the act alleged as constituting the offence, or that it was\nwrong or contrary to law, the finding shall state specifically whether he committed the act or\nnot.\n374. (1) Whenever the finding states that the accused person committed the act\nalleged, the Magistrate or Court before whom or which the trial has been held, shall, if such\nact would, but for the incapacity found, have constituted an offence,—\n(a) order such person to be detained in safe custody in such place and manner\nas the Magistrate or Court thinks fit; or\n(b) order such person to be delivered to any relative or friend of such person.\n(2) No order for the detention of the accused in a public mental health establishment\nshall be made under clause (a) of sub-section (1) otherwise than in accordance with such\nrules as the State Government may have made under the Mental Healthcare Act, 2017.\n(3) No order for the delivery of the accused to a relative or friend shall be made under\nclause (b) of sub-section (1) except upon the application of such relative or friend and on\nhis giving security to the satisfaction of the Magistrate or Court that the person delivered\nshall—\n(a) be properly taken care of and prevented from doing injury to himself or to\nany other person;\n(b) be produced for the inspection of such officer, and at such times and places,\nas the State Government may direct.\n(4) The Magistrate or Court shall report to the State Government the action taken\nunder sub-section (1).\n\nJudgment of\nacquittal on\nground of\nunsoundness\nof mind.\n\n375. The State Government may empower the officer in charge of the jail in which a\nperson is confined under the provisions of section 369 or section 374 to discharge all or any\nof the functions of the Inspector-General of Prisons under section 376 or section 377.\n\nPower of State\nGovernment\nto empower\nofficer in\ncharge to\ndischarge.\n\n376. If a person is detained under the provisions of sub-section (2) of section 369,\nand in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case\nof a person detained in a public mental health establishment, the Mental Health Review\nBoard constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their\nopinion, such person is capable of making his defence, he shall be taken before the Magistrate\nor Court, as the case may be, at such time as the Magistrate or Court appoints, and the\nMagistrate or Court shall deal with such person under the provisions of section 371; and\nthe certificate of such Inspector-General or visitors as aforesaid shall be receivable as\nevidence.\n\nProcedure\nwhere prisoner\nof unsound\nmind is\nreported\ncapable of\nmaking his\ndefence.\n\n377. (1) If a person is detained under the provisions of sub-section (2) of section 369,\nor section 374, and such Inspector-General or visitors shall certify that, in his or their\njudgment, he may be released without danger of his doing injury to himself or to any other\nperson, the State Government may thereupon order him to be released, or to be detained in\ncustody, or to be transferred to a public mental health establishment if he has not been\nalready sent to such establishment; and, in case it orders him to be transferred to a public\nmental health establishment, may appoint a Commission, consisting of a Judicial and two\nmedical officers.\n\nProcedure\nwhere person\nof unsound\nmind detained\nis declared fit\nto be released.\n\nPerson\nacquitted on\nground of\nunsoundness\nof mind to be\ndetained in\nsafe custody.\n\n\f118\n(2) Such Commission shall make a formal inquiry into the state of mind of such\nperson, take such evidence as is necessary, and shall report to the State Government, which\nmay order his release or detention as it thinks fit.\nDelivery of\nperson of\nunsound mind\nto care of\nrelative or\nfriend.\n\n378. (1) Whenever any relative or friend of any person detained under the provisions\nof section 369 or section 374 desires that he shall be delivered to his care and custody, the\nState Government may, upon the application of such relative or friend and on his giving\nsecurity to the satisfaction of such State Government, that the person delivered shall—\n(a) be properly taken care of and prevented from doing injury to himself or to\nany other person;\n(b) be produced for the inspection of such officer, and at such times and places,\nas the State Government may direct;\n(c) in the case of a person detained under sub-section (2) of section 369, be\nproduced when required before such Magistrate or Court,\norder such person to be delivered to such relative or friend.\n(2) If the person so delivered is accused of any offence, the trial of which has been\npostponed by reason of his being of unsound mind and incapable of making his defence,\nand the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to\nthe Magistrate or Court that such person is capable of making his defence, such Magistrate\nor Court shall call upon the relative or friend to whom such accused was delivered to\nproduce him before the Magistrate or Court; and, upon such production the Magistrate or\nCourt shall proceed in accordance with the provisions of section 371, and the certificate of\nthe inspecting officer shall be receivable as evidence.\nCHAPTER XXVIII\nPROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE\n\nProcedure in\ncases\nmentioned in\nsection 215.\n\n379. (1) When, upon an application made to it in this behalf or otherwise, any Court\nis of opinion that it is expedient in the interests of justice that an inquiry should be made\ninto any offence referred to in clause (b) of sub-section (1) of section 215, which appears to\nhave been committed in or in relation to a proceeding in that Court or, as the case may be, in\nrespect of a document produced or given in evidence in a proceeding in that Court, such\nCourt may, after such preliminary inquiry, if any, as it thinks necessary,—\n(a) record a finding to that effect;\n(b) make a complaint thereof in writing;\n(c) send it to a Magistrate of the first class having jurisdiction;\n(d) take sufficient security for the appearance of the accused before such\nMagistrate, or if the alleged offence is non-bailable and the Court thinks it necessary\nso to do, send the accused in custody to such Magistrate; and\n(e) bind over any person to appear and give evidence before such Magistrate.\n(2) The power conferred on a Court by sub-section (1) in respect of an offence may,\nin any case where that Court has neither made a complaint under sub-section (1) in respect\nof that offence nor rejected an application for the making of such complaint, be exercised by\nthe Court to which such former Court is subordinate within the meaning of sub-section (4)\nof section 215.\n(3) A complaint made under this section shall be signed,—\n(a) where the Court making the complaint is a High Court, by such officer of the\nCourt as the Court may appoint;\n(b) in any other case, by the presiding officer of the Court or by such officer of\nthe Court as the Court may authorise in writing in this behalf.\n(4) In this section, \"Court\" has the same meaning as in section 215.\n\n\f119\n380. (1) Any person on whose application any Court other than a High Court has Appeal.\nrefused to make a complaint under sub-section (1) or sub-section (2) of section 379, or\nagainst whom such a complaint has been made by such Court, may appeal to the Court to\nwhich such former Court is subordinate within the meaning of sub-section (4) of\nsection 215, and the superior Court may thereupon, after notice to the parties concerned,\ndirect the withdrawal of the complaint, or, as the case may be, making of the complaint which\nsuch former Court might have made under section 379, and, if it makes such complaint, the\nprovisions of that section shall apply accordingly.\n(2) An order under this section, and subject to any such order, an order under\nsection 379, shall be final, and shall not be subject to revision.\n381. Any Court dealing with an application made to it for filing a complaint under Power to\nsection 379 or an appeal under section 380, shall have power to make such order as to costs order costs.\nas may be just.\n382. (1) A Magistrate to whom a complaint is made under section 379 or section 380 Procedure of\nshall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to Magistrate\ntaking\ndeal with the case as if it were instituted on a police report.\ncognizance.\n\n(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to\nwhom the case may have been transferred, that an appeal is pending against the decision\narrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks\nfit, at any stage, adjourn the hearing of the case until such appeal is decided.\n383. (1) If, at the time of delivery of any judgment or final order disposing of any\njudicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion\nto the effect that any witness appearing in such proceeding had knowingly or wilfully given\nfalse evidence or had fabricated false evidence with the intention that such evidence should\nbe used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the\ninterest of justice that the witness should be tried summarily for giving or fabricating, as the\ncase may be, false evidence, take cognizance of the offence and may, after giving the\noffender a reasonable opportunity of showing cause why he should not be punished for\nsuch offence, try such offender summarily and sentence him to imprisonment for a term\nwhich may extend to three months, or to fine which may extend to one thousand rupees, or\nwith both.\n\nSummary\nprocedure for\ntrial for giving\nfalse evidence.\n\n(2) In every such case the Court shall follow, as nearly as may be practicable, the\nprocedure prescribed for summary trials.\n(3) Nothing in this section shall affect the power of the Court to make a complaint\nunder section 379 for the offence, where it does not choose to proceed under this section.\n(4) Where, after any action is initiated under sub-section (1), it is made to appear to\nthe Court of Session or Magistrate of the first class that an appeal or an application for\nrevision has been preferred or filed against the judgment or order in which the opinion\nreferred to in that sub-section has been expressed, it or he shall stay further proceedings of\nthe trial until the disposal of the appeal or the application for revision, as the case may be,\nand thereupon the further proceedings of the trial shall abide by the results of the appeal or\napplication for revision.\n384. (1) When any such offence as is described in section 210, section 213, Procedure in\nsection 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 is committed in certain cases\nthe view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the of contempt.\noffender to be detained in custody, and may, at any time before the rising of the Court on the\nsame day, take cognizance of the offence and, after giving the offender a reasonable\nopportunity of showing cause why he should not be punished under this section, sentence\nthe offender to fine not exceeding one thousand rupees, and, in default of payment of fine,\nto simple imprisonment for a term which may extend to one month, unless such fine be\nsooner paid.\n\n\f120\n(2) In every such case the Court shall record the fact constituting the offence, with\nthe statement (if any) made by the offender, as well as the finding and sentence.\n(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023, the record\nshall show the nature and stage of the judicial proceeding in which the Court interrupted or\ninsulted was sitting, and the nature of the interruption or insult.\nProcedure\nwhere Court\nconsiders that\ncase should\nnot be dealt\nwith under\nsection 384.\n\n385. (1) If the Court in any case considers that a person accused of any of the\noffences referred to in section 384 and committed in its view or presence should be imprisoned\notherwise than in default of payment of fine, or that a fine exceeding two hundred rupees\nshould be imposed upon him, or such Court is for any other reason of opinion that the case\nshould not be disposed of under section 384, such Court, after recording the facts\nconstituting the offence and the statement of the accused as hereinbefore provided, may\nforward the case to a Magistrate having jurisdiction to try the same, and may require\nsecurity to be given for the appearance of such person before such Magistrate, or if sufficient\nsecurity is not given, shall forward such person in custody to such Magistrate.\n(2) The Magistrate to whom any case is forwarded under this section shall proceed to\ndeal with, as far as may be, as if it were instituted on a police report.\n\nWhen\nRegistrar or\nSub-Registrar\nto be deemed a\nCivil Court.\n\n386. When the State Government so directs, any Registrar or any Sub-Registrar\nappointed under the Registration Act, 1908, shall be deemed to be a Civil Court within the\nmeaning of sections 384 and 385.\n\nDischarge of\noffender on\nsubmission of\napology.\n\n387. When any Court has under section 384 adjudged an offender to punishment, or\nhas under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do\nanything which he was lawfully required to do or for any intentional insult or interruption,\nthe Court may, in its discretion, discharge the offender or remit the punishment on his\nsubmission to the order or requisition of such Court, or on apology being made to its\nsatisfaction.\n\nImprisonment\nor committal\nof person\nrefusing to\nanswer or\nproduce\ndocument.\n\n388. If any witness or person called to produce a document or thing before a Criminal\nCourt refuses to answer such questions as are put to him or to produce any document or\nthing in his possession or power which the Court requires him to produce, and does not,\nafter a reasonable opportunity has been given to him so to do, offer any reasonable excuse\nfor such refusal, such Court may, for reasons to be recorded in writing, sentence him to\nsimple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge\ncommit him to the custody of an officer of the Court for any term not exceeding seven days,\nunless in the meantime, such person consents to be examined and to answer, or to produce\nthe document or thing and in the event of his persisting in his refusal, he may be dealt with\naccording to the provisions of section 384 or section 385.\n\nSummary\nprocedure for\npunishment\nfor nonattendance by\na witness in\nobedience to\nsummons.\n\n389. (1) If any witness being summoned to appear before a Criminal Court is legally\nbound to appear at a certain place and time in obedience to the summons and without just\nexcuse neglects or refuses to attend at that place or time or departs from the place where he\nhas to attend before the time at which it is lawful for him to depart, and the Court before\nwhich the witness is to appear is satisfied that it is expedient in the interests of justice that\nsuch a witness should be tried summarily, the Court may take cognizance of the offence and\nafter giving the offender an opportunity of showing cause why he should not be punished\nunder this section, sentence him to fine not exceeding five hundred rupees.\n(2) In every such case the Court shall follow, as nearly as may be practicable, the\nprocedure prescribed for summary trials.\n\nAppeals from\nconvictions\nunder sections\n383, 384, 388\nand 389.\n\n390. (1) Any person sentenced by any Court other than a High Court under section 383,\nsection 384, section 388, or section 389 may, notwithstanding anything contained in this\nSanhita appeal to the Court to which decrees or orders made in such Court are ordinarily\nappealable.\n\n16 of 1908.\n\n\f121\n(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to\nappeals under this section, and the Appellate Court may alter or reverse the finding, or\nreduce or reverse the sentence appealed against.\n(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court\nof Session for the sessions division within which such Court is situate.\n(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a\nCivil Court by virtue of a direction issued under section 386 shall lie to the Court of Session\nfor the sessions division within which the office of such Registrar or Sub-Registrar is\nsituate.\n391. Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court\n(other than a Judge of a High Court) or Magistrate shall try any person for any offence\nreferred to in section 215, when such offence is committed before himself or in contempt of\nhis authority, or is brought under his notice as such Judge or Magistrate in the course of a\njudicial proceeding.\nCHAPTER XXIX\nTHE JUDGMENT\n\nCertain Judges\nand\nMagistrates\nnot to try\ncertain\noffences when\ncommitted\nbefore\nthemselves.\n\n392. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall Judgment.\nbe pronounced in open Court by the presiding officer immediately after the termination of\nthe trial or at some subsequent time not later than forty-five days of which notice shall be\ngiven to the parties or their advocates,—\n(a) by delivering the whole of the judgment; or\n(b) by reading out the whole of the judgment; or\n(c) by reading out the operative part of the judgment and explaining the substance\nof the judgment in a language which is understood by the accused or his advocate.\n(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding\nofficer shall cause it to be taken down in short-hand, sign the transcript and every page\nthereof as soon as it is made ready, and write on it the date of the delivery of the judgment\nin open Court.\n(3) Where the judgment or the operative part thereof is read out under clause (b) or\nclause (c) of sub-section (1), as the case may be, it shall be dated and signed by the\npresiding officer in open Court, and if it is not written with his own hand, every page of the\njudgment shall be signed by him.\n(4) Where the judgment is pronounced in the manner specified in clause (c) of\nsub-section (1), the whole judgment or a copy thereof shall be immediately made available\nfor the perusal of the parties or their advocates free of cost:\nProvided that the Court shall, as far as practicable, upload the copy of the judgment\non its portal within a period of seven days from the date of judgment.\n(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced\neither in person or through audio-video electronic means.\n(6) If the accused is not in custody, he shall be required by the Court to attend to hear\nthe judgment pronounced, except where his personal attendance during the trial has been\ndispensed with and the sentence is one of fine only or he is acquitted:\nProvided that where there are more accused persons than one, and one or more of\nthem do not attend the Court on the date on which the judgment is to be pronounced, the\npresiding officer may, in order to avoid undue delay in the disposal of the case, pronounce\nthe judgment notwithstanding their absence.\n\n\f122\n(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by\nreason only of the absence of any party or his advocate on the day or from the place\nnotified for the delivery thereof, or of any omission to serve, or defect in serving, on the\nparties or their advocates, or any of them, the notice of such day and place.\n(8) Nothing in this section shall be construed to limit in any way the extent of the\nprovisions of section 511.\nLanguage and\ncontents of\njudgment.\n\n393. (1) Except as otherwise expressly provided by this Sanhita, every judgment\nreferred to in section 392,—\n(a) shall be written in the language of the Court;\n(b) shall contain the point or points for determination, the decision thereon and\nthe reasons for the decision;\n(c) shall specify the offence (if any) of which, and the section of the Bharatiya\nNyaya Sanhita, 2023 or other law under which, the accused is convicted, and the\npunishment to which he is sentenced;\n(d) if it be a judgment of acquittal, shall state the offence of which the accused\nis acquitted and direct that he be set at liberty.\n(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful\nunder which of two sections, or under which of two parts of the same section, of that\nSanhita the offence falls, the Court shall distinctly express the same, and pass judgment in\nthe alternative.\n(3) When the conviction is for an offence punishable with death or, in the alternative,\nwith imprisonment for life or imprisonment for a term of years, the judgment shall state the\nreasons for the sentence awarded, and, in the case of sentence of death, the special reasons\nfor such sentence.\n(4) When the conviction is for an offence punishable with imprisonment for a term of\none year or more, but the Court imposes a sentence of imprisonment for a term of less than\nthree months, it shall record its reasons for awarding such sentence, unless the sentence is\none of imprisonment till the rising of the Court or unless the case was tried summarily under\nthe provisions of this Sanhita.\n(5) When any person is sentenced to death, the sentence shall direct that he be\nhanged by the neck till he is dead.\n(6) Every order under section 136 or sub-section (2) of section 157 and every final\norder made under section 144, section 164 or section 166 shall contain the point or points for\ndetermination, the decision thereon and the reasons for the decision.\n\nOrder for\nnotifying\naddress of\npreviously\nconvicted\noffender.\n\n394. (1) When any person, having been convicted by a Court in India of an offence\npunishable with imprisonment for a term of three years, or upwards, is again convicted of\nany offence punishable with imprisonment for a term of three years or upwards by any\nCourt other than that of a Magistrate of the second class, such Court may, if it thinks fit, at\nthe time of passing a sentence of imprisonment on such person, also order that his residence\nand any change of, or absence from, such residence after release be notified as\nhereinafter provided for a term not exceeding five years from the date of the expiration of\nsuch sentence.\n(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to\ncommit such offences and to the abetment of such offences and attempts to commit them.\nvoid.\n\n(3) If such conviction is set aside on appeal or otherwise, such order shall become\n\n\f123\n(4) An order under this section may also be made by an Appellate Court or by the\nHigh Court or Court of Session when exercising its powers of revision.\n(5) The State Government may, by notification, make rules to carry out the provisions\nof this section relating to the notification of residence or change of, or absence from,\nresidence by released convicts.\n(6) Such rules may provide for punishment for the breach thereof and any person\ncharged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction\nin the district in which the place last notified by him as his place of residence is situated.\n395. (1) When a Court imposes a sentence of fine or a sentence (including a sentence Order to pay\nof death) of which fine forms a part, the Court may, when passing judgment, order the whole compensation.\nor any part of the fine recovered to be applied—\n(a) in defraying the expenses properly incurred in the prosecution;\n(b) in the payment to any person of compensation for any loss or injury caused\nby the offence, when compensation is, in the opinion of the Court, recoverable by\nsuch person in a Civil Court;\n\n13 of 1855.\n\n(c) when any person is convicted of any offence for having caused the death of\nanother person or of having abetted the commission of such an offence, in paying\ncompensation to the persons who are, under the Fatal Accidents Act, 1855, entitled to\nrecover damages from the person sentenced for the loss resulting to them from such\ndeath;\n(d) when any person is convicted of any offence which includes theft, criminal\nmisappropriation, criminal breach of trust, or cheating, or of having dishonestly\nreceived or retained, or of having voluntarily assisted in disposing of, stolen property\nknowing or having reason to believe the same to be stolen, in compensating any\nbona fide purchaser of such property for the loss of the same if such property is\nrestored to the possession of the person entitled thereto.\n(2) If the fine is imposed in a case which is subject to appeal, no such payment shall\nbe made before the period allowed for presenting the appeal has elapsed, or, if an appeal be\npresented, before the decision of the appeal.\n(3) When a Court imposes a sentence, of which fine does not form a part, the Court\nmay, when passing judgment, order the accused person to pay, by way of compensation,\nsuch amount as may be specified in the order to the person who has suffered any loss or\ninjury by reason of the act for which the accused person has been so sentenced.\n(4) An order under this section may also be made by an Appellate Court or by the\nHigh Court or Court of Session when exercising its powers of revision.\n(5) At the time of awarding compensation in any subsequent civil suit relating to the\nsame matter, the Court shall take into account any sum paid or recovered as compensation\nunder this section.\n396. (1) Every State Government in co-ordination with the Central Government shall Victim\nprepare a scheme for providing funds for the purpose of compensation to the victim or his compensation\ndependents who have suffered loss or injury as a result of the crime and who require scheme.\nrehabilitation.\n(2) Whenever a recommendation is made by the Court for compensation, the District\nLegal Service Authority or the State Legal Service Authority, as the case may be, shall\ndecide the quantum of compensation to be awarded under the scheme referred to in\nsub-section (1).\n(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation\nawarded under section 395 is not adequate for such rehabilitation, or where the cases end\n\n\f124\nin acquittal or discharge and the victim has to be rehabilitated, it may make recommendation\nfor compensation.\n(4) Where the offender is not traced or identified, but the victim is identified, and\nwhere no trial takes place, the victim or his dependents may make an application to the State\nor the District Legal Services Authority for award of compensation.\n(5) On receipt of such recommendations or on the application under sub-section (4),\nthe State or the District Legal Services Authority shall, after due enquiry award adequate\ncompensation by completing the enquiry within two months.\n(6) The State or the District Legal Services Authority, as the case may be, to alleviate\nthe suffering of the victim, may order for immediate first-aid facility or medical benefits to be\nmade available free of cost on the certificate of the police officer not below the rank of the\nofficer in charge of the police station or a Magistrate of the area concerned, or any other\ninterim relief as the appropriate authority deems fit.\n(7) The compensation payable by the State Government under this section shall be in\naddition to the payment of fine to the victim under section 65, section 70 and\nsub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023.\nTreatment of\nvictims.\n\n397. All hospitals, public or private, whether run by the Central Government, the\nState Government, local bodies or any other person, shall immediately, provide the first-aid\nor medical treatment, free of cost, to the victims of any offence covered under section 64,\nsection 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of\nsection 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of\nthe Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the\npolice of such incident.\n\nWitness\nprotection\nscheme.\n\n398. Every State Government shall prepare and notify a Witness Protection Scheme\nfor the State with a view to ensure protection of the witnesses.\n\nCompensation\nto persons\ngroundlessly\narrested.\n\n399. (1) Whenever any person causes a police officer to arrest another person, if it\nappears to the Magistrate by whom the case is heard that there was no sufficient ground for\ncausing such arrest, the Magistrate may award such compensation, not exceeding one\nthousand rupees, to be paid by the person so causing the arrest to the person so arrested,\nfor his loss of time and expenses in the matter, as the Magistrate thinks fit.\n(2) In such cases, if more persons than one are arrested, the Magistrate may, in like\nmanner, award to each of them such compensation, not exceeding one thousand rupees, as\nsuch Magistrate thinks fit.\n(3) All compensation awarded under this section may be recovered as if it were a fine,\nand, if it cannot be so recovered, the person by whom it is payable shall be sentenced to\nsimple imprisonment for such term not exceeding thirty days as the Magistrate directs,\nunless such sum is sooner paid.\n\nOrder to pay\ncosts in noncognizable\ncases.\n\n400. (1) Whenever any complaint of a non-cognizable offence is made to a Court, the\nCourt, if it convicts the accused, may, in addition to the penalty imposed upon him, order\nhim to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution,\nand may further order that in default of payment, the accused shall suffer simple imprisonment\nfor a period not exceeding thirty days and such costs may include any expenses incurred in\nrespect of process-fees, witnesses and advocate's fees which the Court may consider\nreasonable.\n(2) An order under this section may also be made by an Appellate Court or by the\nHigh Court or Court of Session when exercising its powers of revision.\n\nOrder to release\n401. (1) When any person not under twenty-one years of age is convicted of an\non probation of offence punishable with fine only or with imprisonment for a term of seven years or less, or\ngood conduct or\nwhen any person under twenty-one years of age or any woman is convicted of an offence\nafter\nadmonition.\n\n32 of 2012.\n\n\f125\nnot punishable with death or imprisonment for life, and no previous conviction is proved\nagainst the offender, if it appears to the Court before which he is convicted, regard being\nhad to the age, character or antecedents of the offender, and to the circumstances in which\nthe offence was committed, that it is expedient that the offender should be released on\nprobation of good conduct, the Court may, instead of sentencing him at once to any\npunishment, direct that he be released on his entering into a bond or bail bond to appear and\nreceive sentence when called upon during such period (not exceeding three years) as the\nCourt may direct, and in the meantime to keep the peace and be of good behavior:\nProvided that where any first offender is convicted by a Magistrate of the second\nclass not specially empowered by the High Court, and the Magistrate is of opinion that the\npowers conferred by this section should be exercised, he shall record his opinion to that\neffect, and submit the proceedings to a Magistrate of the first class, forwarding the accused\nto, or taking bail for his appearance before, such Magistrate, who shall dispose of the case\nin the manner provided by sub-section (2).\n(2) Where proceedings are submitted to a Magistrate of the first class as provided by\nsub-section (1), such Magistrate may thereupon pass such sentence or make such order as\nhe might have passed or made if the case had originally been heard by him, and, if he thinks\nfurther inquiry or additional evidence on any point to be necessary, he may make such\ninquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.\n(3) In any case in which a person is convicted of theft, theft in a building, dishonest\nmisappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023,\npunishable with not more than two years’ imprisonment or any offence punishable with fine\nonly and no previous conviction is proved against him, the Court before which he is so\nconvicted may, if it thinks fit, having regard to the age, character, antecedents or physical or\nmental condition of the offender and to the trivial nature of the offence or any extenuating\ncircumstances under which the offence was committed, instead of sentencing him to any\npunishment, release him after due admonition.\n(4) An order under this section may be made by any Appellate Court or by the High\nCourt or Court of Session when exercising its powers of revision.\n(5) When an order has been made under this section in respect of any offender, the\nHigh Court or Court of Session may, on appeal when there is a right of appeal to such Court,\nor when exercising its powers of revision, set aside such order, and in lieu thereof pass\nsentence on such offender according to law:\nProvided that the High Court or Court of Session shall not under this sub-section\ninflict a greater punishment than might have been inflicted by the Court by which the\noffender was convicted.\n(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the\ncase of sureties offered in pursuance of the provisions of this section.\n(7) The Court, before directing the release of an offender under sub-section (1), shall\nbe satisfied that an offender or his surety (if any) has a fixed place of abode or regular\noccupation in the place for which the Court acts or in which the offender is likely to live\nduring the period named for the observance of the conditions.\n(8) If the Court which convicted the offender, or a Court which could have dealt with\nthe offender in respect of his original offence, is satisfied that the offender has failed to\nobserve any of the conditions of his recognizance, it may issue a warrant for his apprehension.\n(9) An offender, when apprehended on any such warrant, shall be brought forthwith\nbefore the Court issuing the warrant, and such Court may either remand him in custody until\nthe case is heard or admit him to bail with a sufficient surety conditioned on his appearing\nfor sentence and such Court may, after hearing the case, pass sentence.\n20 of 1958.\n2 of 2016.\n\n(10) Nothing in this section shall affect the provisions of the Probation of Offenders\nAct, 1958, or the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other\nlaw for the time being in force for the treatment, training or rehabilitation of youthful offenders.\n\n\f126\nSpecial\nreasons to be\nrecorded in\ncertain cases.\n\n402. Where in any case the Court could have dealt with,—\n(a) an accused person under section 401 or under the provisions of the Probation\nof Offenders Act, 1958; or\n(b) a youthful offender under the Juvenile Justice (Care and Protection of\nChildren) Act, 2015 or any other law for the time being in force for the treatment,\ntraining or rehabilitation of youthful offenders,\nbut has not done so, it shall record in its judgment the special reasons for not having done\nso.\n\nCourt not to\nalter\njudgment.\n\n403. Save as otherwise provided by this Sanhita or by any other law for the time being\nin force, no Court, when it has signed its judgment or final order disposing of a case, shall\nalter or review the same except to correct a clerical or arithmetical error.\n\nCopy of\njudgment to be\ngiven to\naccused and\nother persons.\n\n404. (1) When the accused is sentenced to imprisonment, a copy of the judgment\nshall, immediately after the pronouncement of the judgment, be given to him free of cost.\n(2) On the application of the accused, a certified copy of the judgment, or when he so\ndesires, a translation in his own language if practicable or in the language of the Court, shall\nbe given to him without delay, and such copy shall, in every case where the judgment is\nappealable by the accused, be given free of cost:\nProvided that where a sentence of death is passed or confirmed by the High Court, a\ncertified copy of the judgment shall be immediately given to the accused free of cost\nwhether or not he applies for the same.\n(3) The provisions of sub-section (2) shall apply in relation to an order under\nsection 136 as they apply in relation to a judgment which is appealable by the accused.\n(4) When the accused is sentenced to death by any Court and an appeal lies from\nsuch judgment as of right, the Court shall inform him of the period within which, if he wishes\nto appeal, his appeal should be preferred.\n(5) Save as otherwise provided in sub-section (2), any person affected by a judgment\nor order passed by a Criminal Court shall, on an application made in this behalf and on\npayment of the prescribed charges, be given a copy of such judgment or order or of any\ndeposition or other part of the record:\nProvided that the Court may, if it thinks fit for some special reason, give it to him free\nof cost:\nProvided further that the Court may, on an application made in this behalf by the\nProsecuting Officer, provide to the Government, free of cost, a certified copy of such\njudgment, order, deposition or record.\n(6) The High Court may, by rules, provide for the grant of copies of any judgment or\norder of a Criminal Court to any person who is not affected by a judgment or order, on\npayment, by such person, of such fees, and subject to such conditions, as the High Court\nmay, by such rules, provide.\n\nJudgment\nwhen to be\ntranslated.\n\n405. The original judgment shall be filed with the record of the proceedings and\nwhere the original is recorded in a language different from that of the Court, and if either\nparty so requires, a translation thereof into the language of the Court shall be added to such\nrecord.\n\nCourt of\nSession to\nsend copy of\nfinding and\nsentence to\nDistrict\nMagistrate.\n\n406. In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or\nsuch Magistrate, as the case may be, shall forward a copy of its or his finding and sentence\n(if any) to the District Magistrate within whose local jurisdiction the trial was held.\n\n20 of 1958.\n2 of 2016.\n\n\f127\nCHAPTER XXX\nSUBMISSION OF DEATH SENTENCES FOR CONFIRMATION\n407. (1) When the Court of Session passes a sentence of death, the proceedings shall\nforthwith be submitted to the High Court, and the sentence shall not be executed unless it\nis confirmed by the High Court.\n(2) The Court passing the sentence shall commit the convicted person to jail custody\nunder a warrant.\n408. (1) If, when such proceedings are submitted, the High Court thinks that a further\ninquiry should be made into, or additional evidence taken upon, any point bearing upon the\nguilt or innocence of the convicted person, it may make such inquiry or take such evidence\nitself, or direct it to be made or taken by the Court of Session.\n(2) Unless the High Court otherwise directs, the presence of the convicted person\nmay be dispensed with when such inquiry is made or such evidence is taken.\n\nSentence of\ndeath to be\nsubmitted by\nCourt of\nSession for\nconfirmation.\nPower to\ndirect further\ninquiry to be\nmade or\nadditional\nevidence to be\ntaken.\n\n(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the\nresult of such inquiry or evidence shall be certified to such Court.\n409. In any case submitted under section 407, the High Court—\n(a) may confirm the sentence, or pass any other sentence warranted by law; or\n(b) may annul the conviction, and convict the accused of any offence of which\nthe Court of Session might have convicted him, or order a new trial on the same or an\namended charge; or\n\nPower of High\nCourt to\nconfirm\nsentence or\nannul\nconviction.\n\n(c) may acquit the accused person:\nProvided that no order of confirmation shall be made under this section until the\nperiod allowed for preferring an appeal has expired, or, if an appeal is presented within such\nperiod, until such appeal is disposed of.\n410. In every case so submitted, the confirmation of the sentence, or any new sentence\nor order passed by the High Court, shall, when such Court consists of two or more Judges,\nbe made, passed and signed by at least two of them.\n\nConfirmation\nor new\nsentence to be\nsigned by two\nJudges.\n\n411. Where any such case is heard before a Bench of Judges and such Judges are Procedure in\nequally divided in opinion, the case shall be decided in the manner provided by section 433. case of\n\ndifference of\nopinion.\n\n412. In cases submitted by the Court of Session to the High Court for the confirmation\nof a sentence of death, the proper officer of the High Court shall, without delay, after the\norder of confirmation or other order has been made by the High Court, send either physically,\nor through electronic means, a copy of the order, under the seal of the High Court and\nattested with his official signature, to the Court of Session.\n\nProcedure in\ncases\nsubmitted to\nHigh Court for\nconfirmation.\n\nCHAPTER XXXI\nAPPEALS\n413. No appeal shall lie from any judgment or order of a Criminal Court except as No appeal to\nlie unless\nprovided for by this Sanhita or by any other law for the time being in force:\notherwise\n\nProvided that the victim shall have a right to prefer an appeal against any order provided.\npassed by the Court acquitting the accused or convicting for a lesser offence or imposing\ninadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily\nlies against the order of conviction of such Court.\n\n\f128\nAppeal from\norders\nrequiring\nsecurity or\nrefusal to\naccept or\nrejecting\nsurety for\nkeeping peace\nor good\nbehaviour.\n\nAppeals from\nconvictions.\n\n414. Any person,—\n(i) who has been ordered under section 136 to give security for keeping the\npeace or for good behaviour; or\n(ii) who is aggrieved by any order refusing to accept or rejecting a surety under\nsection 140,\nmay appeal against such order to the Court of Session:\nProvided that nothing in this section shall apply to persons the proceedings against\nwhom are laid before a Sessions Judge in accordance with the provisions of sub-section (2)\nor sub-section (4) of section 141.\n415. (1) Any person convicted on a trial held by a High Court in its extraordinary\noriginal criminal jurisdiction may appeal to the Supreme Court.\n(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions\nJudge or on a trial held by any other Court in which a sentence of imprisonment for more\nthan seven years has been passed against him or against any other person convicted at the\nsame trial, may appeal to the High Court.\n(3) Save as otherwise provided in sub-section (2), any person,—\n(a) convicted on a trial held by Magistrate of the first class, or of the second\nclass; or\n(b) sentenced under section 364; or\n(c) in respect of whom an order has been made or a sentence has been passed\nunder section 401 by any Magistrate,\nmay appeal to the Court of Session.\n(4) When an appeal has been filed against a sentence passed under section 64,\nsection 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya\nNyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the\ndate of filing of such appeal.\n\nNo appeal in\ncertain cases\nwhen accused\npleads guilty.\n\n416. Notwithstanding anything in section 415, where an accused person has pleaded\nguilty and has been convicted on such plea, there shall be no appeal,—\n(i) if the conviction is by a High Court; or\n(ii) if the conviction is by a Court of Session or Magistrate of the first or second\nclass, except as to the extent or legality of the sentence.\n\nNo appeal in\npetty cases.\n\n417. Notwithstanding anything in section 415, there shall be no appeal by a convicted\nperson in any of the following cases, namely:—\n(a) where a High Court passes only a sentence of imprisonment for a term not\nexceeding three months or of fine not exceeding one thousand rupees, or of both\nsuch imprisonment and fine;\n(b) where a Court of Session passes only a sentence of imprisonment for a term\nnot exceeding three months or of fine not exceeding two hundred rupees, or of both\nsuch imprisonment and fine;\n(c) where a Magistrate of the first class passes only a sentence of fine not\nexceeding one hundred rupees; or\n(d) where, in a case tried summarily, a Magistrate empowered to act under\nsection 283 passes only a sentence of fine not exceeding two hundred rupees:\nProvided that an appeal may be brought against any such sentence if any other punishment\nis combined with it, but such sentence shall not be appealable merely on the ground—\n\n\f129\n(i) that the person convicted is ordered to furnish security to keep the peace; or\n(ii) that a direction for imprisonment in default of payment of fine is included in\nthe sentence; or\n(iii) that more than one sentence of fine is passed in the case, if the total amount\nof fine imposed does not exceed the amount hereinbefore specified in respect of the\ncase.\n418. (1) Save as otherwise provided in sub-section (2), the State Government may, in Appeal by\nany case of conviction on a trial held by any Court other than a High Court, direct the Public State\nProsecutor to present an appeal against the sentence on the ground of its inadequacy— Government\n(a) to the Court of Session, if the sentence is passed by the Magistrate; and\n\nagainst\nsentence.\n\n(b) to the High Court, if the sentence is passed by any other Court.\n(2) If such conviction is in a case in which the offence has been investigated by any\nagency empowered to make investigation into an offence under any Central Act other than\nthis Sanhita, the Central Government may also direct the Public Prosecutor to present an\nappeal against the sentence on the ground of its inadequacy—\n(a) to the Court of Session, if the sentence is passed by the Magistrate; and\n(b) to the High Court, if the sentence is passed by any other Court.\n(3) When an appeal has been filed against the sentence on the ground of its\ninadequacy, the Court of Session or, as the case may be, the High Court shall not enhance\nthe sentence except after giving to the accused a reasonable opportunity of showing cause\nagainst such enhancement and while showing cause, the accused may plead for his acquittal\nor for the reduction of the sentence.\n(4) When an appeal has been filed against a sentence passed under section 64,\nsection 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya\nNyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the\ndate of filing of such appeal.\n419. (1) Save as otherwise provided in sub-section (2), and subject to the provisions Appeal in case\nof acquittal.\nof sub-sections (3) and (5),—\n(a) the District Magistrate may, in any case, direct the Public Prosecutor to\npresent an appeal to the Court of Session from an order of acquittal passed by a\nMagistrate in respect of a cognizable and non-bailable offence;\n(b) the State Government may, in any case, direct the Public Prosecutor to\npresent an appeal to the High Court from an original or appellate order of acquittal\npassed by any Court other than a High Court not being an order under clause (a) or\nan order of acquittal passed by the Court of Session in revision.\n(2) If such an order of acquittal is passed in a case in which the offence has been\ninvestigated by any agency empowered to make investigation into an offence under any\nCentral Act other than this Sanhita, the Central Government may, subject to the provisions\nof sub-section (3), also direct the Public Prosecutor to present an appeal—\n(a) to the Court of Session, from an order of acquittal passed by a Magistrate in\nrespect of a cognizable and non-bailable offence;\n(b) to the High Court from an original or appellate order of an acquittal passed\nby any Court other than a High Court not being an order under clause (a) or an order\nof acquittal passed by the Court of Session in revision.\n(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be\nentertained except with the leave of the High Court.\n(4) If such an order of acquittal is passed in any case instituted upon complaint and\nthe High Court, on an application made to it by the complainant in this behalf, grants special\n\n\f130\nleave to appeal from the order of acquittal, the complainant may present such an appeal to\nthe High Court.\n(5) No application under sub-section (4) for the grant of special leave to appeal from\nan order of acquittal shall be entertained by the High Court after the expiry of six months,\nwhere the complainant is a public servant, and sixty days in every other case, computed\nfrom the date of that order of acquittal.\n(6) If, in any case, the application under sub-section (4) for the grant of special leave\nto appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie\nunder sub-section (1) or under sub-section (2).\nAppeal against\nconviction by\nHigh Court in\ncertain cases.\n\n420. Where the High Court has, on appeal, reversed an order of acquittal of an\naccused person and convicted him and sentenced him to death or to imprisonment for life\nor to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.\n\nSpecial right\nof appeal in\ncertain cases.\n\n421. Notwithstanding anything in this Chapter, when more persons than one are\nconvicted in one trial, and an appealable judgment or order has been passed in respect of\nany of such persons, all or any of the persons convicted at such trial shall have a right of\nappeal.\n\nAppeal to\nCourt of\nSession how\nheard.\n\n422. (1) Subject to the provisions of sub-section (2), an appeal to the Court of\nSession or Sessions Judge shall be heard by the Sessions Judge or by an Additional\nSessions Judge:\nProvided that an appeal against a conviction on a trial held by a Magistrate of the\nsecond class may be heard and disposed of by the Chief Judicial Magistrate.\n(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such\nappeals as the Sessions Judge of the division may, by general or special order, make over to\nhim or as the High Court may, by special order, direct him to hear.\n\nPetition of\nappeal.\n\n423. Every appeal shall be made in the form of a petition in writing presented by the\nappellant or his advocate, and every such petition shall (unless the Court to which it is\npresented otherwise directs) be accompanied by a copy of the judgment or order appealed\nagainst.\n\nProcedure\nwhen appellant\nin jail.\n\n424. If the appellant is in jail, he may present his petition of appeal and the copies\naccompanying the same to the officer in charge of the jail, who shall thereupon forward\nsuch petition and copies to the proper Appellate Court.\n\nSummary\ndismissal of\nappeal.\n\n425. (1) If upon examining the petition of appeal and copy of the judgment received\nunder section 423 or section 424, the Appellate Court considers that there is no sufficient\nground for interfering, it may dismiss the appeal summarily:\nProvided that—\n(a) no appeal presented under section 423 shall be dismissed unless the appellant\nor his advocate has had a reasonable opportunity of being heard in support of the\nsame;\n(b) no appeal presented under section 424 shall be dismissed except after giving\nthe appellant a reasonable opportunity of being heard in support of the same, unless\nthe Appellate Court considers that the appeal is frivolous or that the production of\nthe accused in custody before the Court would involve such inconvenience as would\nbe disproportionate in the circumstances of the case;\n(c) no appeal presented under section 424 shall be dismissed summarily until\nthe period allowed for preferring such appeal has expired.\n(2) Before dismissing an appeal under this section, the Court may call for the record of\nthe case.\n\n\f131\n(3) Where the Appellate Court dismissing an appeal under this section is a Court of\nSession or of the Chief Judicial Magistrate, it shall record its reasons for doing so.\n(4) Where an appeal presented under section 424 has been dismissed summarily\nunder this section and the Appellate Court finds that another petition of appeal duly presented\nunder section 423 on behalf of the same appellant has not been considered by it, that Court\nmay, notwithstanding anything contained in section 434, if satisfied that it is necessary in\nthe interests of justice so to do, hear and dispose of such appeal in accordance with law.\n426. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause Procedure for\nhearing\nnotice of the time and place at which such appeal will be heard to be given—\n(i) to the appellant or his advocate;\n(ii) to such officer as the State Government may appoint in this behalf;\n\nappeals not\ndismissed\nsummarily.\n\n(iii) if the appeal is from a judgment of conviction in a case instituted upon\ncomplaint, to the complainant;\n(iv) if the appeal is under section 418 or section 419, to the accused, and shall\nalso furnish such officer, complainant and accused with a copy of the grounds of\nappeal.\n(2) The Appellate Court shall then send for the record of the case, if such record is not\nalready available in that Court, and hear the parties:\nProvided that if the appeal is only as to the extent or the legality of the sentence, the\nCourt may dispose of the appeal without sending for the record.\n(3) Where the only ground for appeal from a conviction is the alleged severity of the\nsentence, the appellant shall not, except with the leave of the Court, urge or be heard in\nsupport of any other ground.\n427. After perusing such record and hearing the appellant or his advocate, if he Powers of\nappears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 Appellate\nor section 419, the accused, if he appears, the Appellate Court may, if it considers that there Court.\nis no sufficient ground for interfering, dismiss the appeal, or may—\n(a) in an appeal from an order of acquittal, reverse such order and direct that\nfurther inquiry be made, or that the accused be re-tried or committed for trial, as the\ncase may be, or find him guilty and pass sentence on him according to law;\n(b) in an appeal from a conviction—\n(i) reverse the finding and sentence and acquit or discharge the accused,\nor order him to be re-tried by a Court of competent jurisdiction subordinate to\nsuch Appellate Court or committed for trial; or\n(ii) alter the finding, maintaining the sentence; or\n(iii) with or without altering the finding, alter the nature or the extent, or\nthe nature and extent, of the sentence, but not so as to enhance the same;\n(c) in an appeal for enhancement of sentence—\n(i) reverse the finding and sentence and acquit or discharge the accused\nor order him to be re-tried by a Court competent to try the offence; or\n(ii) alter the finding maintaining the sentence; or\n(iii) with or without altering the finding, alter the nature or the extent, or,\nthe nature and extent, of the sentence, so as to enhance or reduce the same;\n(d) in an appeal from any other order, alter or reverse such order;\n(e) make any amendment or any consequential or incidental order that may be\njust or proper:\n\n\f132\nProvided that the sentence shall not be enhanced unless the accused has had an\nopportunity of showing cause against such enhancement:\nProvided further that the Appellate Court shall not inflict greater punishment for the\noffence which in its opinion the accused has committed, than might have been inflicted for\nthat offence by the Court passing the order or sentence under appeal.\nJudgments of\nsubordinate\nAppellate\nCourt.\n\n428. The rules contained in Chapter XXIX as to the judgment of a Criminal Court of\noriginal jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a\nCourt of Session or Chief Judicial Magistrate:\n\nOrder of High\nCourt on\nappeal to be\ncertified to\nlower Court.\n\n429. (1) Whenever a case is decided on appeal by the High Court under this Chapter,\nit shall certify its judgment or order to the Court by which the finding, sentence or order\nappealed against was recorded or passed and if such Court is that of a Judicial Magistrate\nother than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent\nthrough the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate,\nthe High Court's judgment or order shall be sent through the District Magistrate.\n\nProvided that, unless the Appellate Court otherwise directs, the accused shall not be\nbrought up, or required to attend, to hear judgment delivered.\n\n(2) The Court to which the High Court certifies its judgment or order shall thereupon\nmake such orders as are conformable to the judgment or order of the High Court; and if\nnecessary, the record shall be amended in accordance therewith.\nSuspension of\nsentence\npending\nappeal; release\nof appellant\non bail.\n\n430. (1) Pending any appeal by a convicted person, the Appellate Court may, for\nreasons to be recorded by it in writing, order that the execution of the sentence or order\nappealed against be suspended and, also, if he is in confinement, that he be released on bail,\nor on his own bond or bail bond:\nProvided that the Appellate Court shall, before releasing on his own bond or bail\nbond a convicted person who is convicted of an offence punishable with death or\nimprisonment for life or imprisonment for a term of not less than ten years, shall give\nopportunity to the Public Prosecutor for showing cause in writing against such release:\nProvided further that in cases where a convicted person is released on bail it shall be\nopen to the Public Prosecutor to file an application for the cancellation of the bail.\n(2) The power conferred by this section on an Appellate Court may be exercised also\nby the High Court in the case of an appeal by a convicted person to a Court subordinate\nthereto.\n(3) Where the convicted person satisfies the Court by which he is convicted that he\nintends to present an appeal, the Court shall,—\n(i) where such person, being on bail, is sentenced to imprisonment for a term\nnot exceeding three years; or\n(ii) where the offence of which such person has been convicted is a bailable\none, and he is on bail,\norder that the convicted person be released on bail, unless there are special reasons for\nrefusing bail, for such period as will afford sufficient time to present the appeal and obtain\nthe orders of the Appellate Court under sub-section (1); and the sentence of imprisonment\nshall, so long as he is so released on bail, be deemed to be suspended.\n(4) When the appellant is ultimately sentenced to imprisonment for a term or to\nimprisonment for life, the time during which he is so released shall be excluded in computing\nthe term for which he is so sentenced.\n\nArrest of\naccused in\nappeal from\nacquittal.\n\n431. When an appeal is presented under section 419, the High Court may issue a\nwarrant directing that the accused be arrested and brought before it or any subordinate\nCourt, and the Court before which he is brought may commit him to prison pending the\ndisposal of the appeal or admit him to bail.\n\n\f133\n432. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks\nadditional evidence to be necessary, shall record its reasons and may either take such\nevidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High\nCourt, by a Court of Session or a Magistrate.\n(2) When the additional evidence is taken by the Court of Session or the Magistrate,\nit or he shall certify such evidence to the Appellate Court, and such Court shall thereupon\nproceed to dispose of the appeal.\n\nAppellate\nCourt may\ntake further\nevidence or\ndirect it to be\ntaken.\n\n(3) The accused or his advocate shall have the right to be present when the additional\nevidence is taken.\n(4) The taking of evidence under this section shall be subject to the provisions of\nChapter XXV, as if it were an inquiry.\n433. When an appeal under this Chapter is heard by a High Court before a Bench of\nJudges and they are divided in opinion, the appeal, with their opinions, shall be laid before\nanother Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver\nhis opinion, and the judgment or order shall follow that opinion:\nProvided that if one of the Judges constituting the Bench, or, where the appeal is laid\nbefore another Judge under this section, that Judge, so requires, the appeal shall be\nre-heard and decided by a larger Bench of Judges.\n\nProcedure\nwhere Judges\nof Court of\nappeal are\nequally\ndivided.\n\n434. Judgments and orders passed by an Appellate Court upon an appeal shall be Finality of\nfinal, except in the cases provided for in section 418, section 419, sub-section (4) of judgments and\norders on\nsection 425 or Chapter XXXII:\nappeal.\n\nProvided that notwithstanding the final disposal of an appeal against conviction in\nany case, the Appellate Court may hear and dispose of, on the merits,—\n(a) an appeal against acquittal under section 419, arising out of the same\ncase; or\n(b) an appeal for the enhancement of sentence under section 418, arising out of\nthe same case.\n435. (1) Every appeal under section 418 or section 419 shall finally abate on the death Abatement of\nappeals.\nof the accused.\n(2) Every other appeal under this Chapter (except an appeal from a sentence of fine)\nshall finally abate on the death of the appellant:\nProvided that where the appeal is against a conviction and sentence of death or of\nimprisonment, and the appellant dies during the pendency of the appeal, any of his near\nrelatives may, within thirty days of the death of the appellant, apply to the Appellate Court\nfor leave to continue the appeal; and if leave is granted, the appeal shall not abate.\nExplanation.—In this section, \"near relative\" means a parent, spouse, lineal\ndescendant, brother or sister.\nCHAPTER XXXII\nREFERENCE AND REVISION\n436. (1) Where any Court is satisfied that a case pending before it involves a question Reference to\nas to the validity of any Act, Ordinance or Regulation or of any provision contained in an High Court.\nAct, Ordinance or Regulation, the determination of which is necessary for the disposal of\nthe case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or\ninoperative, but has not been so declared by the High Court to which that Court is subordinate\nor by the Supreme Court, the Court shall state a case setting out its opinion and the reasons\ntherefor, and refer the same for the decision of the High Court.\n\n\f134\nExplanation.—In this section, \"Regulation\" means any Regulation as defined in the\nGeneral Clauses Act, 1897, or in the General Clauses Act of a State.\n(2) A Court of Session may, if it thinks fit in any case pending before it to which the\nprovisions of sub-section (1) do not apply, refer for the decision of the High Court any\nquestion of law arising in the hearing of such case.\n(3) Any Court making a reference to the High Court under sub-section (1) or\nsub-section (2) may, pending the decision of the High Court thereon, either commit the\naccused to jail or release him on bail to appear when called upon.\nDisposal of\ncase according\nto decision of\nHigh Court.\n\n437. (1) When a question has been so referred, the High Court shall pass such order\nthereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which\nthe reference was made, which shall dispose of the case conformably to the said order.\n(2) The High Court may direct by whom the costs of such reference shall be paid.\n\nCalling for\nrecords to\nexercise\npowers of\nrevision.\n\n438. (1) The High Court or any Sessions Judge may call for and examine the record of\nany proceeding before any inferior Criminal Court situate within its or his local jurisdiction\nfor the purpose of satisfying itself or himself as to the correctness, legality or propriety of\nany finding, sentence or order, recorded or passed, and as to the regularity of any\nproceedings of such inferior Court, and may, when calling, for such record, direct that the\nexecution of any sentence or order be suspended, and if the accused is in confinement that\nhe be released on his own bond or bail bond pending the examination of the record.\nExplanation.—All Magistrates, whether Executive or Judicial, and whether exercising\noriginal or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the\npurposes of this sub-section and of section 439.\n(2) The powers of revision conferred by sub-section (1) shall not be exercised in\nrelation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.\n(3) If an application under this section has been made by any person either to the\nHigh Court or to the Sessions Judge, no further application by the same person shall be\nentertained by the other of them.\n\nPower to\norder inquiry.\n\n439. On examining any record under section 438 or otherwise, the High Court or the\nSessions Judge may direct the Chief Judicial Magistrate by himself or by any of the\nMagistrates subordinate to him to make, and the Chief Judicial Magistrate may himself\nmake or direct any subordinate Magistrate to make, further inquiry into any complaint\nwhich has been dismissed under section 226 or sub-section (4) of section 227, or into the\ncase of any person accused of an offence who has been discharged:\nProvided that no Court shall make any direction under this section for inquiry into the\ncase of any person who has been discharged unless such person has had an opportunity of\nshowing cause why such direction should not be made.\n\nSessions\nJudge's powers\nof revision.\n\n440. (1) In the case of any proceeding the record of which has been called for by\nhimself, the Sessions Judge may exercise all or any of the powers which may be exercised by\nthe High Court under sub-section (1) of section 442.\n(2) Where any proceeding by way of revision is commenced before a Sessions Judge\nunder sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442\nshall, so far as may be, apply to such proceeding and references in the said sub-sections to\nthe High Court shall be construed as references to the Sessions Judge.\n(3) Where any application for revision is made by or on behalf of any person before\nthe Sessions Judge, the decision of the Sessions Judge thereon in relation to such person\nshall be final and no further proceeding by way of revision at the instance of such person\nshall be entertained by the High Court or any other Court.\n\nPower of\nAdditional\nSessions Judge.\n\n441. An Additional Sessions Judge shall have and may exercise all the powers of a\nSessions Judge under this Chapter in respect of any case which may be transferred to him\nby or under any general or special order of the Sessions Judge.\n\n10 of 1897.\n\n\f135\n442. (1) In the case of any proceeding the record of which has been called for by itself High Court's\nor which otherwise comes to its knowledge, the High Court may, in its discretion, exercise powers of\nrevision.\nany of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a\nCourt of Session by section 344, and, when the Judges composing the Court of revision are\nequally divided in opinion, the case shall be disposed of in the manner provided by\nsection 433.\n(2) No order under this section shall be made to the prejudice of the accused or other\nperson unless he has had an opportunity of being heard either personally or by advocate in\nhis own defence.\n(3) Nothing in this section shall be deemed to authorise a High Court to convert a\nfinding of acquittal into one of conviction.\n(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding\nby way of revision shall be entertained at the instance of the party who could have\nappealed.\n(5) Where under this Sanhita an appeal lies but an application for revision has been\nmade to the High Court by any person and the High Court is satisfied that such application\nwas made under the erroneous belief that no appeal lies thereto and that it is necessary in\nthe interests of justice so to do, the High Court may treat the application for revision as a\npetition of appeal and deal with the same accordingly.\n443. (1) Whenever one or more persons convicted at the same trial makes or make\napplication to a High Court for revision and any other person convicted at the same trial\nmakes an application to the Sessions Judge for revision, the High Court shall decide,\nhaving regard to the general convenience of the parties and the importance of the questions\ninvolved, which of the two Courts should finally dispose of the applications for revision\nand when the High Court decides that all the applications for revision should be disposed\nof by itself, the High Court shall direct that the applications for revision pending before the\nSessions Judge be transferred to itself and where the High Court decides that it is not\nnecessary for it to dispose of the applications for revision, it shall direct that the applications\nfor revision made to it be transferred to the Sessions Judge.\n\nPower of High\nCourt to\nwithdraw or\ntransfer\nrevision cases.\n\n(2) Whenever any application for revision is transferred to the High Court, that Court\nshall deal with the same as if it were an application duly made before itself.\n(3) Whenever any application for revision is transferred to the Sessions Judge, that\nJudge shall deal with the same as if it were an application duly made before himself.\n(4) Where an application for revision is transferred by the High Court to the Sessions\nJudge, no further application for revision shall lie to the High Court or to any other Court at\nthe instance of the person or persons whose applications for revision have been disposed\nof by the Sessions Judge.\n444. Save as otherwise expressly provided by this Sanhita, no party has any right to Option of\nbe heard either personally or by an advocate before any Court exercising its powers of Court to hear\nparties.\nrevision; but the Court may, if it thinks fit, when exercising such powers, hear any party\neither personally or by an advocate.\n445. When a case is revised under this Chapter by the High Court or a Sessions\nJudge, it or he shall, in the manner provided by section 429, certify its decision or order to\nthe Court by which the finding, sentence or order revised was recorded or passed, and the\nCourt to which the decision or order is so certified shall thereupon make such orders as are\nconformable to the decision so certified, and, if necessary, the record shall be amended in\naccordance therewith.\n\nHigh Court's\norder to be\ncertified to\nlower Court.\n\n\f136\nCHAPTER XXXIII\nTRANSFER OF CRIMINAL CASES\nPower of\nSupreme Court\nto transfer\ncases and\nappeals.\n\n446. (1) Whenever it is made to appear to the Supreme Court that an order under this\nsection is expedient for the ends of justice, it may direct that any particular case or appeal be\ntransferred from one High Court to another High Court or from a Criminal Court subordinate\nto one High Court to another Criminal Court of equal or superior jurisdiction subordinate to\nanother High Court.\n(2) The Supreme Court may act under this section only on the application of the\nAttorney-General of India or of a party interested, and every such application shall be made\nby motion, which shall, except when the applicant is the Attorney-General of India or the\nAdvocate-General of the State, be supported by affidavit or affirmation.\n(3) Where any application for the exercise of the powers conferred by this section is\ndismissed, the Supreme Court may, if it is of opinion that the application was frivolous or\nvexatious, order the applicant to pay by way of compensation to any person who has\nopposed the application such sum as it may consider appropriate in the circumstances of\nthe case.\n\nPower of High\nCourt to\ntransfer cases\nand appeals.\n\n447. (1) Whenever it is made to appear to the High Court—\n(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court\nsubordinate thereto; or\n(b) that some question of law of unusual difficulty is likely to arise; or\n(c) that an order under this section is required by any provision of this Sanhita,\nor will tend to the general convenience of the parties or witnesses, or is expedient for\nthe ends of justice,\nit may order—\n(i) that any offence be inquired into or tried by any Court not qualified under\nsections 197 to 205 (both inclusive), but in other respects competent to inquire into or\ntry such offence;\n(ii) that any particular case or appeal, or class of cases or appeals, be transferred\nfrom a Criminal Court subordinate to its authority to any other such Criminal Court of\nequal or superior jurisdiction;\n(iii) that any particular case be committed for trial to a Court of Session; or\n(iv) that any particular case or appeal be transferred to and tried before itself.\n(2) The High Court may act either on the report of the lower Court, or on the application\nof a party interested, or on its own initiative:\nProvided that no application shall lie to the High Court for transferring a case from\none Criminal Court to another Criminal Court in the same sessions division, unless an\napplication for such transfer has been made to the Sessions Judge and rejected by him.\n(3) Every application for an order under sub-section (1) shall be made by motion,\nwhich shall, except when the applicant is the Advocate-General of the State, be supported\nby affidavit or affirmation.\n(4) When such application is made by an accused person, the High Court may direct\nhim to execute a bond or bail bond for the payment of any compensation which the High\nCourt may award under sub-section (7).\n(5) Every accused person making such application shall give to the Public Prosecutor\nnotice in writing of the application, together with a copy of the grounds on which it is made;\nand no order shall be made on the merits of the application unless at least twenty-four hours\nhave elapsed between the giving of such notice and the hearing of the application.\n\n\f137\n(6) Where the application is for the transfer of a case or appeal from any subordinate\nCourt, the High Court may, if it is satisfied that it is necessary so to do in the interest of\njustice, order that, pending the disposal of the application the proceedings in the subordinate\nCourt shall be stayed, on such terms as the High Court may think fit to impose:\nProvided that such stay shall not affect the subordinate Court's power of remand\nunder section 346.\n(7) Where an application for an order under sub-section (1) is dismissed, the High\nCourt may, if it is of opinion that the application was frivolous or vexatious, order the\napplicant to pay by way of compensation to any person who has opposed the application\nsuch sum as it may consider proper in the circumstances of the case.\n(8) When the High Court orders under sub-section (1) that a case be transferred from\nany Court for trial before itself, it shall observe in such trial the same procedure which that\nCourt would have observed if the case had not been so transferred.\n(9) Nothing in this section shall be deemed to affect any order of the Government\nunder section 218.\n448. (1) Whenever it is made to appear to a Sessions Judge that an order under this Power of\nsub-section is expedient for the ends of justice, he may order that any particular case be Sessions Judge\nto transfer\ntransferred from one Criminal Court to another Criminal Court in his sessions division.\ncases and\n\n(2) The Sessions Judge may act either on the report of the lower Court, or on the appeals.\napplication of a party interested, or on his own initiative.\n(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall\napply in relation to an application to the Sessions Judge for an order under sub-section (1)\nas they apply in relation to an application to the High Court for an order under\nsub-section (1) of section 447, except that sub-section (7) of that section shall so apply as\nif for the word \"sum\" occurring therein, the words \"sum not exceeding ten thousand rupees\"\nwere substituted.\n\n449. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or Withdrawal of\ncases and\nappeal which he has made over to a Chief Judicial Magistrate subordinate to him.\nappeals by\n\n(2) At any time before the trial of the case or the hearing of the appeal has commenced Sessions\nbefore the Additional Sessions Judge, a Sessions Judge may recall any case or appeal Judges.\nwhich he has made over to any Additional Sessions Judge.\n(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1)\nor sub-section (2), he may either try the case in his own Court or hear the appeal himself, or\nmake it over in accordance with the provisions of this Sanhita to another Court for trial or\nhearing, as the case may be.\n450. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case\nwhich he has made over to, any Magistrate subordinate to him, and may inquire into or try\nsuch case himself, or refer it for inquiry or trial to any other such Magistrate competent to\ninquire into or try the same.\n\nWithdrawal of\ncases by\nJudicial\nMagistrates.\n\n(2) Any Judicial Magistrate may recall any case made over by him under\nsub-section (2) of section 212 to any other Magistrate and may inquire into or try such\ncases himself.\n451. Any District Magistrate or Sub-divisional Magistrate may—\n(a) make over, for disposal, any proceeding which has been started before him,\nto any Magistrate subordinate to him;\n(b) withdraw any case from, or recall any case which he has made over to, any\nMagistrate subordinate to him, and dispose of such proceeding himself or refer it for\ndisposal to any other Magistrate.\n\nMaking over\nor withdrawal\nof cases by\nExecutive\nMagistrates.\n\n\f138\nReasons to be\nrecorded.\n\n452. A Sessions Judge or Magistrate making an order under section 448, section 449,\nsection 450 or section 451 shall record his reasons for making it.\nCHAPTER XXXIV\nEXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES\nA.—Death sentences\n\nExecution of\norder passed\nunder section\n409.\n\n453. When in a case submitted to the High Court for the confirmation of a sentence of\ndeath, the Court of Session receives the order of confirmation or other order of the High\nCourt thereon, it shall cause such order to be carried into effect by issuing a warrant or\ntaking such other steps as may be necessary.\n\nExecution of\nsentence of\ndeath passed\nby High Court.\n\n454. When a sentence of death is passed by the High Court in appeal or in revision,\nthe Court of Session shall, on receiving the order of the High Court, cause the sentence to\nbe carried into effect by issuing a warrant.\n\nPostponement\nof execution\nof sentence of\ndeath in case\nof appeal to\nSupreme\nCourt.\n\n455. (1) Where a person is sentenced to death by the High Court and an appeal from\nits judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1)\nof article 134 of the Constitution, the High Court shall order the execution of the sentence to\nbe postponed until the period allowed for preferring such appeal has expired, or if, an appeal\nis preferred within that period, until such appeal is disposed of.\n(2) Where a sentence of death is passed or confirmed by the High Court, and the\nperson sentenced makes an application to the High Court for the grant of a certificate under\narticle 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High\nCourt shall order the execution of the sentence to be postponed until such application is\ndisposed of by the High Court, or if a certificate is granted on such application, until the\nperiod allowed for preferring an appeal to the Supreme Court on such certificate has expired.\n(3) Where a sentence of death is passed or confirmed by the High Court, and the High\nCourt is satisfied that the person sentenced intends to present a petition to the Supreme\nCourt for the grant of special leave to appeal under article 136 of the Constitution, the High\nCourt shall order the execution of the sentence to be postponed for such period as it\nconsiders sufficient to enable him to present such petition.\n\nCommutation\nof sentence of\ndeath on\npregnant\nwoman.\n\n456. If a woman sentenced to death is found to be pregnant, the High Court shall\ncommute the sentence to imprisonment for life.\n\nB.—Imprisonment\nPower to\nappoint place\nof\nimprisonment.\n\n457. (1) Except when otherwise provided by any law for the time being in force, the\nState Government may direct in what place any person liable to be imprisoned or committed\nto custody under this Sanhita shall be confined.\n(2) If any person liable to be imprisoned or committed to custody under this Sanhita\nis in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal\nmay direct that the person be removed to a criminal jail.\n(3) When a person is removed to a criminal jail under sub-section (2), he shall, on\nbeing released therefrom, be sent back to the civil jail, unless either—\n(a) three years have elapsed since he was removed to the criminal jail, in which\ncase he shall be deemed to have been released from the civil jail under section 58 of\nthe Code of Civil Procedure, 1908; or\n\n5 of 1908.\n\n(b) the Court which ordered his imprisonment in the civil jail has certified to the\nofficer in charge of the criminal jail that he is entitled to be released under section 58\nof the Code of Civil Procedure, 1908.\n\n5 of 1908.\n\n\f139\n458. (1) Where the accused is sentenced to imprisonment for life or to imprisonment Execution of\nfor a term in cases other than those provided for by section 453, the Court passing the sentence of\nsentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, imprisonment.\nconfined, and, unless the accused is already confined in such jail or other place, shall\nforward him to such jail or other place, with the warrant:\nProvided that where the accused is sentenced to imprisonment till the rising of the\nCourt, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may\nbe confined in such place as the Court may direct.\n(2) Where the accused is not present in Court when he is sentenced to such\nimprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his\narrest for the purpose of forwarding him to the jail or other place in which he is to be\nconfined; and in such case, the sentence shall commence on the date of his arrest.\n459. Every warrant for the execution of a sentence of imprisonment shall be directed Direction of\nto the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. warrant for\nexecution.\n\njailor.\n\n460. When the prisoner is to be confined in a jail, the warrant shall be lodged with the Warrant with\nwhom to be\nlodged.\n\nC.—Levy of fine\n461. (1) When an offender has been sentenced to pay a fine, but no such payment Warrant for\nhas been made, the Court passing the sentence may take action for the recovery of the fine levy of fine.\nin either or both of the following ways, that is to say, it may—\n(a) issue a warrant for the levy of the amount by attachment and sale of any\nmovable property belonging to the offender;\n(b) issue a warrant to the Collector of the district, authorising him to realise the\namount as arrears of land revenue from the movable or immovable property, or both,\nof the defaulter:\nProvided that, if the sentence directs that in default of payment of the fine, the\noffender shall be imprisoned, and if such offender has undergone the whole of such\nimprisonment in default, no Court shall issue such warrant unless, for special reasons to be\nrecorded in writing, it considers it necessary so to do, or unless it has made an order for the\npayment of expenses or compensation out of the fine under section 395.\n(2) The State Government may make rules regulating the manner in which warrants\nunder clause (a) of sub-section (1) are to be executed, and for the summary determination of\nany claims made by any person other than the offender in respect of any property attached\nin execution of such warrant.\n(3) Where the Court issues a warrant to the Collector under clause (b) of\nsub-section (1), the Collector shall realise the amount in accordance with the law relating to\nrecovery of arrears of land revenue, as if such warrant were a certificate issued under such law:\nProvided that no such warrant shall be executed by the arrest or detention in prison of\nthe offender.\n462. A warrant issued under clause (a) of sub-section (1) of section 461 by any Court Effect of such\nmay be executed within the local jurisdiction of such Court, and it shall authorise the warrant.\nattachment and sale of any such property outside such jurisdiction, when it is endorsed by\nthe District Magistrate within whose local jurisdiction such property is found.\n463. Notwithstanding anything in this Sanhita or in any other law for the time being\nin force, when an offender has been sentenced to pay a fine by a Criminal Court in any\nterritory to which this Sanhita does not extend and the Court passing the sentence issues\na warrant to the Collector of a district in the territories to which this Sanhita extends,\nauthorising him to realise the amount as if it were an arrear of land revenue, such warrant\nshall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by\n\nWarrant for\nlevy of fine\nissued by a\nCourt in any\nterritory to\nwhich this\nSanhita does\nnot extend.\n\n\f140\na Court in the territories to which this Sanhita extends, and the provisions of sub-section (3)\nof the said section as to the execution of such warrant shall apply accordingly.\nSuspension of\nexecution of\nsentence of\nimprisonment.\n\n464. (1) When an offender has been sentenced to fine only and to imprisonment in\ndefault of payment of the fine, and the fine is not paid forthwith, the Court may—\n(a) order that the fine shall be payable either in full on or before a date not more\nthan thirty days from the date of the order, or in two or three installments, of which the\nfirst shall be payable on or before a date not more than thirty days from the date of the\norder and the other or others at an interval or at intervals, as the case may be, of not\nmore than thirty days;\n(b) suspend the execution of the sentence of imprisonment and release the\noffender, on the execution by the offender of a bond or bail bond, as the Court thinks\nfit, conditioned for his appearance before the Court on the date or dates on or before\nwhich payment of the fine or the installments thereof, as the case may be, is to be\nmade; and if the amount of the fine or of any installment, as the case may be, is not\nrealised on or before the latest date on which it is payable under the order, the Court\nmay direct the sentence of imprisonment to be carried into execution at once.\n(2) The provisions of sub-section (1) shall be applicable also in any case in which an\norder for the payment of money has been made on non-recovery of which imprisonment\nmay be awarded and the money is not paid forthwith; and, if the person against whom the\norder has been made, on being required to enter into a bond such as is referred to in that\nsub-section, fails to do so, the Court may at once pass sentence of imprisonment.\nD.—General provisions regarding execution\n\nWho may\nissue warrant.\n\n465. Every warrant for the execution of a sentence may be issued either by the Judge\nor Magistrate who passed the sentence, or by his successor-in-office.\n\nSentence on\nescaped\nconvict when\nto take effect.\n\n466. (1) When a sentence of death, imprisonment for life or fine is passed under this\nSanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore\ncontained, take effect immediately.\n(2) When a sentence of imprisonment for a term is passed under this Sanhita on an\nescaped convict,—\n(a) if such sentence is severer in kind than the sentence which such convict\nwas undergoing when he escaped, the new sentence shall take effect immediately;\n(b) if such sentence is not severer in kind than the sentence which such convict\nwas undergoing when he escaped, the new sentence shall take effect after he has\nsuffered imprisonment for a further period equal to that which, at the time of his\nescape, remained unexpired of his former sentence.\n(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be\ndeemed to be severer in kind than a sentence of simple imprisonment.\n\nSentence on\noffender\nalready\nsentenced for\nanother\noffence.\n\n467. (1) When a person already undergoing a sentence of imprisonment is sentenced\non a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or\nimprisonment for life shall commence at the expiration of the imprisonment to which he has\nbeen previously sentenced, unless the Court directs that the subsequent sentence shall\nrun concurrently with such previous sentence:\nProvided that where a person who has been sentenced to imprisonment by an order\nunder section 141 in default of furnishing security is, whilst undergoing such sentence,\nsentenced to imprisonment for an offence committed prior to the making of such order, the\nlatter sentence shall commence immediately.\n(2) When a person already undergoing a sentence of imprisonment for life is sentenced\non a subsequent conviction to imprisonment for a term or imprisonment for life, the\nsubsequent sentence shall run concurrently with such previous sentence.\n\n\f141\n468. Where an accused person has, on conviction, been sentenced to imprisonment\nfor a term, not being imprisonment in default of payment of fine, the period of detention, if\nany, undergone by him during the investigation, inquiry or trial of the same case and before\nthe date of such conviction, shall be set off against the term of imprisonment imposed on\nhim on such conviction, and the liability of such person to undergo imprisonment on such\nconviction shall be restricted to the remainder, if any, of the term of imprisonment imposed\non him:\n\nPeriod of\ndetention\nundergone by\naccused to be\nset off against\nsentence\nof\nimprisonment.\n\nProvided that in cases referred to in section 475, such period of detention shall be set\noff against the period of fourteen years referred to in that section.\n469. (1) Nothing in section 466 or section 467 shall be held to excuse any person from Saving.\nany part of the punishment to which he is liable upon his former or subsequent conviction.\n(2) When an award of imprisonment in default of payment of a fine is annexed to a\nsubstantive sentence of imprisonment and the person undergoing the sentence is after its\nexecution to undergo a further substantive sentence or further substantive sentences of\nimprisonment, effect shall not be given to the award of imprisonment in default of payment\nof the fine until the person has undergone the further sentence or sentences.\n470. When a sentence has been fully executed, the officer executing it shall return the Return of\nwarrant to the Court from which it is issued, with an endorsement under his hand certifying warrant on\nexecution of\nthe manner in which the sentence has been executed.\nsentence.\n\n471. Any money (other than a fine) payable by virtue of any order made under this Money\nSanhita, and the method of recovery of which is not otherwise expressly provided for, shall ordered to be\npaid\nbe recoverable as if it were a fine:\n\nrecoverable as\n\nProvided that section 461 shall, in its application to an order under section 400, by a fine.\nvirtue of this section, be construed as if in the proviso to sub-section (1) of section 461,\nafter the words and figures \"under section 395\", the words and figures \"or an order for\npayment of costs under section 400\" had been inserted.\nE.—Suspension, remission and commutation of sentences\n472. (1) A convict under the sentence of death or his legal heir or any other relative\nmay, if he has not already submitted a petition for mercy, file a mercy petition before the\nPresident of India under article 72 or the Governor of the State under article 161 of the\nConstitution within a period of thirty days from the date on which the Superintendent of the\njail,—\n(i) informs him about the dismissal of the appeal, review or special leave to\nappeal by the Supreme Court; or\n(ii) informs him about the date of confirmation of the sentence of death by the\nHigh Court and the time allowed to file an appeal or special leave in the Supreme Court\nhas expired.\n(2) The petition under sub-section (1) may, initially be made to the Governor and on\nits rejection or disposal by the Governor, the petition shall be made to the President within\na period of sixty days from the date of rejection or disposal of such petition.\n(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that\nevery convict, in case there are more than one convict in a case, also files the mercy petition\nwithin a period of sixty days and on non-receipt of such petition from the other convicts,\nSuperintendent of the jail shall send the names, addresses, copy of the record of the case\nand all other details of the case to the Central Government or the State Government for\nconsideration along with the said mercy petition.\n(4) The Central Government shall, on receipt of the mercy petition seek the comments\nof the State Government and consider the petition along with the records of the case and\n\nMercy\npetition in\ndeath sentence\ncases.\n\n\f142\nmake recommendations to the President in this behalf, as expeditiously as possible, within\na period of sixty days from the date of receipt of comments of the State Government and\nrecords from Superintendent of the Jail.\n(5) The President may, consider, decide and dispose of the mercy petition and, in case\nthere are more than one convict in a case, the petitions shall be decided by the President\ntogether in the interests of justice.\n(6) Upon receipt of the order of the President on the mercy petition, the Central\nGovernment shall within forty-eight hours, communicate the same to the Home Department\nof the State Government and the Superintendent of the jail or officer in charge of the jail.\n(7) No appeal shall lie in any Court against the order of the President or of the\nGovernor made under article 72 or article 161 of the Constitution and it shall be final, and any\nquestion as to the arriving of the decision by the President or the Governor shall not be\ninquired into in any Court.\nPower to\nsuspend or\nremit\nsentences.\n\n473. (1) When any person has been sentenced to punishment for an offence, the\nappropriate Government may, at any time, without conditions or upon any conditions which\nthe person sentenced accepts, suspend the execution of his sentence or remit the whole or\nany part of the punishment to which he has been sentenced.\n(2) Whenever an application is made to the appropriate Government for the suspension\nor remission of a sentence, the appropriate Government may require the presiding Judge of\nthe Court before or by which the conviction was had or confirmed, to state his opinion as to\nwhether the application should be granted or refused, together with his reasons for such\nopinion and also to forward with the statement of such opinion a certified copy of the\nrecord of the trial or of such record thereof as exists.\n(3) If any condition on which a sentence has been suspended or remitted is, in the\nopinion of the appropriate Government, not fulfilled, the appropriate Government may cancel\nthe suspension or remission, and thereupon the person in whose favour the sentence has\nbeen suspended or remitted may, if at large, be arrested by any police officer, without\nwarrant and remanded to undergo the unexpired portion of the sentence.\n(4) The condition on which a sentence is suspended or remitted under this section\nmay be one to be fulfilled by the person in whose favour the sentence is suspended or\nremitted, or one independent of his will.\n(5) The appropriate Government may, by general rules or special orders, give directions\nas to the suspension of sentences and the conditions on which petitions should be presented\nand dealt with:\nProvided that in the case of any sentence (other than a sentence of fine) passed on a\nperson above the age of eighteen years, no such petition by the person sentenced or by\nany other person on his behalf shall be entertained, unless the person sentenced is in jail,\nand—\n(a) where such petition is made by the person sentenced, it is presented through\nthe officer in charge of the jail; or\n(b) where such petition is made by any other person, it contains a declaration\nthat the person sentenced is in jail.\n(6) The provisions of the above sub-sections shall also apply to any order passed by\na Criminal Court under any section of this Sanhita or of any other law, which restricts the\nliberty of any person or imposes any liability upon him or his property.\n(7) In this section and in section 474, the expression \"appropriate Government\"\nmeans,—\n(a) in cases where the sentence is for an offence against, or the order referred to\nin sub-section (6) is passed under, any law relating to a matter to which the executive\npower of the Union extends, the Central Government;\n\n\f143\n(b) in other cases, the Government of the State within which the offender is\nsentenced or the said order is passed.\n474. The appropriate Government may, without the consent of the person sentenced, Power to\ncommute\ncommute—\n(a) a sentence of death, for imprisonment for life;\n\nsentence.\n\n(b) a sentence of imprisonment for life, for imprisonment for a term not less than\nseven years;\n(c) a sentence of imprisonment for seven years or more, for imprisonment for a\nterm not less than three years;\n(d) a sentence of imprisonment for less than seven years, for fine;\n(e) a sentence of rigorous imprisonment, for simple imprisonment for any term\nto which that person might have been sentenced.\n475. Notwithstanding anything contained in section 473, where a sentence of\nimprisonment for life is imposed on conviction of a person for an offence for which death is\none of the punishments provided by law, or where a sentence of death imposed on a person\nhas been commuted under section 474 into one of imprisonment for life, such person shall\nnot be released from prison unless he had served at least fourteen years of imprisonment.\n\nRestriction on\npowers of\nremission or\ncommutation\nin certain\ncases.\n\n476. The powers conferred by sections 473 and 474 upon the State Government may, Concurrent\npower of\nin the case of sentences of death, also be exercised by the Central Government.\n\nCentral\nGovernment\nin case of\ndeath\nsentences.\n\n477. (1) The powers conferred by sections 473 and 474 upon the State Government to State\nGovernment\nremit or commute a sentence, in any case where the sentence is for an offence—\nto act after\n(a) which was investigated by any agency empowered to make investigation concurrence\nwith Central\ninto an offence under any Central Act other than this Sanhita; or\nGovernment\n(b) which involved the misappropriation or destruction of, or damage to, any in certain\ncases.\nproperty belonging to the Central Government; or\n(c) which was committed by a person in the service of the Central Government\nwhile acting or purporting to act in the discharge of his official duty,\nshall not be exercised by the State Government except after concurrence with the Central\nGovernment.\n(2) No order of suspension, remission or commutation of sentences passed by the State\nGovernment in relation to a person, who has been convicted of offences, some of which relate to\nmatters to which the executive power of the Union extends, and who has been sentenced to\nseparate terms of imprisonment which are to run concurrently, shall have effect unless an order\nfor the suspension, remission or commutation, as the case may be, of such sentences has also\nbeen made by the Central Government in relation to the offences committed by such person\nwith regard to matters to which the executive power of the Union extends.\nCHAPTER XXXV\nPROVISIONS AS TO BAIL AND BONDS\n478. (1) When any person other than a person accused of a non-bailable offence is In what cases\narrested or detained without warrant by an officer in charge of a police station, or appears bail to be\ntaken.\n\n\f144\nor is brought before a Court, and is prepared at any time while in the custody of such officer\nor at any stage of the proceeding before such Court to give bail, such person shall be\nreleased on bail:\nProvided that such officer or Court, if he or it thinks fit, may, and shall, if such person\nis indigent and is unable to furnish surety, instead of taking bail bond from such person,\ndischarge him on his executing a bond for his appearance as hereinafter provided.\nExplanation.—Where a person is unable to give bail bond within a week of the date\nof his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is\nan indigent person for the purposes of this proviso:\nProvided further that nothing in this section shall be deemed to affect the provisions\nof sub-section (3) of section 135 or section 492.\n(2) Notwithstanding anything in sub-section (1), where a person has failed to comply\nwith the conditions of the bond or bail bond as regards the time and place of attendance, the\nCourt may refuse to release him on bail, when on a subsequent occasion in the same case he\nappears before the Court or is brought in custody and any such refusal shall be without\nprejudice to the powers of the Court to call upon any person bound by such bond or bail\nbond to pay the penalty thereof under section 491.\nMaximum\nperiod for\nwhich\nundertrial\nprisoner can\nbe detained.\n\n479. (1) Where a person has, during the period of investigation, inquiry or trial under\nthis Sanhita of an offence under any law (not being an offence for which the punishment of\ndeath or life imprisonment has been specified as one of the punishments under that law)\nundergone detention for a period extending up to one-half of the maximum period of\nimprisonment specified for that offence under that law, he shall be released by the Court on\nbail:\nProvided that where such person is a first-time offender (who has never been convicted\nof any offence in the past) he shall be released on bond by the Court, if he has undergone\ndetention for the period extending up to one-third of the maximum period of imprisonment\nspecified for such offence under that law:\nProvided further that the Court may, after hearing the Public Prosecutor and for\nreasons to be recorded by it in writing, order the continued detention of such person for a\nperiod longer than one-half of the said period or release him on bail bond instead of his\nbond:\nProvided also that no such person shall in any case be detained during the period of\ninvestigation, inquiry or trial for more than the maximum period of imprisonment provided\nfor the said offence under that law.\nExplanation.—In computing the period of detention under this section for granting\nbail, the period of detention passed due to delay in proceeding caused by the accused shall\nbe excluded.\n(2) Notwithstanding anything in sub-section (1), and subject to the third proviso\nthereof, where an investigation, inquiry or trial in more than one offence or in multiple cases\nare pending against a person, he shall not be released on bail by the Court.\n(3) The Superintendent of jail, where the accused person is detained, on completion\nof one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall\nforthwith make an application in writing to the Court to proceed under sub-section (1) for\nthe release of such person on bail.\n\nWhen bail\nmay be taken\nin case of\nnon-bailable\noffence.\n\n480. (1) When any person accused of, or suspected of, the commission of any\nnon-bailable offence is arrested or detained without warrant by an officer in charge of a\npolice station or appears or is brought before a Court other than the High Court or Court of\nSession, he may be released on bail, but—\n(i) such person shall not be so released if there appear reasonable grounds for\n\n\f145\nbelieving that he has been guilty of an offence punishable with death or imprisonment\nfor life;\n(ii) such person shall not be so released if such offence is a cognizable offence\nand he had been previously convicted of an offence punishable with death,\nimprisonment for life or imprisonment for seven years or more, or he had been\npreviously convicted on two or more occasions of a cognizable offence punishable\nwith imprisonment for three years or more but less than seven years:\nProvided that the Court may direct that a person referred to in clause (i) or clause (ii)\nbe released on bail if such person is a child or is a woman or is sick or infirm:\nProvided further that the Court may also direct that a person referred to in clause (ii)\nbe released on bail if it is satisfied that it is just and proper so to do for any other special\nreason:\nProvided also that the mere fact that an accused person may be required for being\nidentified by witnesses during investigation or for police custody beyond the first fifteen\ndays shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be\nreleased on bail and gives an undertaking that he shall comply with such directions as may\nbe given by the Court:\nProvided also that no person shall, if the offence alleged to have been committed by\nhim is punishable with death, imprisonment for life, or imprisonment for seven years or\nmore, be released on bail by the Court under this sub-section without giving an opportunity\nof hearing to the Public Prosecutor.\n(2) If it appears to such officer or Court at any stage of the investigation, inquiry or\ntrial, as the case may be, that there are not reasonable grounds for believing that the\naccused has committed a non-bailable offence, but that there are sufficient grounds for\nfurther inquiry into his guilt, the accused shall, subject to the provisions of section 492 and\npending such inquiry, be released on bail, or, at the discretion of such officer or Court, o\nthe execution by him of a bond for his appearance as hereinafter provided.\nn\n(3) When a person accused or suspected of the commission of an offence punishable\nwith imprisonment which may extend to seven years or more or of an offence under\nChapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment\nof, or conspiracy or attempt to commit, any such offence, is released on bail under\nsub-section (1), the Court shall impose the conditions,—\n(a) that such person shall attend in accordance with the conditions of the bond\nexecuted under this Chapter;\n(b) that such person shall not commit an offence similar to the offence of which\nhe is accused, or suspected, of the commission of which he is suspected; and\n(c) that such person shall not directly or indirectly make any inducement, threat\nor promise to any person acquainted with the facts of the case so as to dissuade him\nfrom disclosing such facts to the Court or to any police officer or tamper with the\nevidence,\nand may also impose, in the interests of justice, such other conditions as it considers\nnecessary.\n(4) An officer or a Court releasing any person on bail under sub-section (1) or\nsub-section (2), shall record in writing his or its reasons or special reasons for so doing.\n(5) Any Court which has released a person on bail under sub-section (1) or\nsub-section (2), may, if it considers it necessary so to do, direct that such person be\narrested and commit him to custody.\n\n\f146\n(6) If, in any case triable by a Magistrate, the trial of a person accused of any\nnon-bailable offence is not concluded within a period of sixty days from the first date fixed\nfor taking evidence in the case, such person shall, if he is in custody during the whole of the\nsaid period, be released on bail to the satisfaction of the Magistrate, unless for reasons to\nbe recorded in writing, the Magistrate otherwise directs.\n(7) If, at any time, after the conclusion of the trial of a person accused of a\nnon-bailable offence and before judgment is delivered, the Court is of opinion that there are\nreasonable grounds for believing that the accused is not guilty of any such offence, it shall\nrelease the accused, if he is in custody, on the execution by him of a bond for his appearance\nto hear judgment delivered.\nBail to require\naccused to\nappear before\nnext Appellate\nCourt.\n\n481. (1) Before conclusion of the trial and before disposal of the appeal, the Court\ntrying the offence or the Appellate Court, as the case may be, shall require the accused to\nexecute a bond or bail bond, to appear before the higher Court as and when such Court\nissues notice in respect of any appeal or petition filed against the judgment of the respective\nCourt and such bond shall be in force for six months.\n(2) If such accused fails to appear, the bond stand forfeited and the procedure under\nsection 491 shall apply.\n\nDirection for\ngrant of bail\nto person\napprehending\narrest.\n\n482. (1) When any person has reason to believe that he may be arrested on an\naccusation of having committed a non-bailable offence, he may apply to the High Court or\nthe Court of Session for a direction under this section; and that Court may, if it thinks fit,\ndirect that in the event of such arrest, he shall be released on bail.\n(2) When the High Court or the Court of Session makes a direction under\nsub-section (1), it may include such conditions in such directions in the light of the facts of\nthe particular case, as it may think fit, including—\n(i) a condition that the person shall make himself available for interrogation by\na police officer as and when required;\n(ii) a condition that the person shall not, directly or indirectly, make any\ninducement, threat or promise to any person acquainted with the facts of the case so\nas to dissuade him from disclosing such facts to the Court or to any police officer;\n(iii) a condition that the person shall not leave India without the previous\npermission of the Court;\n(iv) such other condition as may be imposed under sub-section (3) of\nsection 480, as if the bail were granted under that section.\n(3) If such person is thereafter arrested without warrant by an officer in charge of a\npolice station on such accusation, and is prepared either at the time of arrest or at any time\nwhile in the custody of such officer to give bail, he shall be released on bail; and if a\nMagistrate taking cognizance of such offence decides that a warrant should be issued in\nthe first instance against that person, he shall issue a bailable warrant in conformity with the\ndirection of the Court under sub-section (1).\n(4) Nothing in this section shall apply to any case involving the arrest of any person\non accusation of having committed an offence under section 65 and sub-section (2) of\nsection 70 of the Bharatiya Nyaya Sanhita, 2023.\n\nSpecial powers\nof High Court\nor Court of\nSession\nregarding bail.\n\n483. (1) A High Court or Court of Session may direct,—\n(a) that any person accused of an offence and in custody be released on bail,\nand if the offence is of the nature specified in sub-section (3) of section 480, may\nimpose any condition which it considers necessary for the purposes mentioned in\nthat sub-section;\n\n\f147\n(b) that any condition imposed by a Magistrate when releasing any person on\nbail be set aside or modified:\nProvided that the High Court or the Court of Session shall, before granting bail to a\nperson who is accused of an offence which is triable exclusively by the Court of Session or\nwhich, though not so triable, is punishable with imprisonment for life, give notice of the\napplication for bail to the Public Prosecutor unless it is, for reasons to be recorded in\nwriting, of opinion that it is not practicable to give such notice:\nProvided further that the High Court or the Court of Session shall, before granting\nbail to a person who is accused of an offence triable under section 65 or sub-section (2) of\nsection 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the\nPublic Prosecutor within a period of fifteen days from the date of receipt of the notice of\nsuch application.\n(2) The presence of the informant or any person authorised by him shall be obligatory\nat the time of hearing of the application for bail to the person under section 65 or\nsub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.\n(3) A High Court or Court of Session may direct that any person who has been\nreleased on bail under this Chapter be arrested and commit him to custody.\n484. (1) The amount of every bond executed under this Chapter shall be fixed with Amount of\nbond and\ndue regard to the circumstances of the case and shall not be excessive.\nreduction\n\n(2) The High Court or the Court of Session may direct that the bail required by a police thereof.\nofficer or Magistrate be reduced.\n\n485. (1) Before any person is released on bond or bail bond, a bond for such sum of Bond of\nmoney as the police officer or Court, as the case may be, thinks sufficient shall be executed accused and\nby such person, and, when he is released on bond or bail bond, by one or more sufficient sureties.\nsureties conditioned that such person shall attend at the time and place mentioned in the\nbond, and shall continue so to attend until otherwise directed by the police officer or Court,\nas the case may be.\n(2) Where any condition is imposed for the release of any person on bail, the bond or\nbail bond shall also contain that condition.\n(3) If the case so requires, the bond or bail bond shall also bind the person released\non bail to appear when called upon at the High Court, Court of Session or other Court to\nanswer the charge.\n(4) For the purpose of determining whether the sureties are fit or sufficient, the Court\nmay accept affidavits in proof of the facts contained therein relating to the sufficiency or\nfitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause\nan inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or\nfitness.\n486. Every person standing surety to an accused person for his release on bail, shall Declaration by\nmake a declaration before the Court as to the number of persons to whom he has stood sureties.\nsurety including the accused, giving therein all the relevant particulars.\n487. (1) As soon as the bond or bail bond has been executed, the person for whose Discharge\nappearance it has been executed shall be released; and, when he is in jail, the court admitting from custody.\nhim to bail shall issue an order of release to the officer in charge of the jail, and such officer\non receipt of the orders shall release him.\n(2) Nothing in this section, section 478 or section 480, shall be deemed to require the\nrelease of any person liable to be detained for some matter other than that in respect of\nwhich the bond or bail bond was executed.\n\n\f148\nPower to\norder\nsufficient bail\nwhen that first\ntaken is\ninsufficient.\nDischarge of\nsureties.\n\n488. If, through mistake, fraud or otherwise, insufficient sureties have been accepted,\nor if they afterwards become insufficient, the Court may issue a warrant of arrest directing\nthat the person released on bail be brought before it and may order him to find sufficient\nsureties, and, on his failing so to do, may commit him to jail.\n489. (1) All or any sureties for the attendance and appearance of a person released on\nbail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as\nrelates to the applicants.\n(2) On such application being made, the Magistrate shall issue his warrant of arrest\ndirecting that the person so released be brought before him.\n(3) On the appearance of such person pursuant to the warrant, or on his voluntary\nsurrender, the Magistrate shall direct the bond to be discharged either wholly or so far as\nrelates to the applicants, and shall call upon such person to find other sufficient sureties,\nand, if he fails to do so, may commit him to jail.\n\nDeposit\ninstead of\nrecognizance.\n\nProcedure\nwhen bond has\nbeen forfeited.\n\n490. When any person is required by any Court or officer to execute a bond or bail\nbond, such Court or officer may, except in the case of a bond for good behaviour, permit him\nto deposit a sum of money or Government promissory notes to such amount as the Court or\nofficer may fix in lieu of executing such bond.\n491. (1) Where,—\n(a) a bond under this Sanhita is for appearance, or for production of property,\nbefore a Court and it is proved to the satisfaction of that Court, or of any Court to\nwhich the case has subsequently been transferred, that the bond has been forfeited; or\n(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction\nof the Court by which the bond was taken, or of any Court to which the case has\nsubsequently been transferred, or of the Court of any Magistrate of the first class,\nthat the bond has been forfeited,\nthe Court shall record the grounds of such proof, and may call upon any person bound by\nsuch bond to pay the penalty thereof or to show cause why it should not be paid.\nExplanation.—A condition in a bond for appearance, or for production of property,\nbefore a Court shall be construed as including a condition for appearance, or as the case\nmay be, for production of property, before any Court to which the case may subsequently\nbe transferred.\n(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed\nto recover the same as if such penalty were a fine imposed by it under this Sanhita:\nProvided that where such penalty is not paid and cannot be recovered in the manner\naforesaid, the person so bound as surety shall be liable, by order of the Court ordering the\nrecovery of the penalty, to imprisonment in civil jail for a term which may extend to six\nmonths.\n(3) The Court may, after recording its reasons for doing so, remit any portion of the\npenalty mentioned and enforce payment in part only.\n(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be\ndischarged from all liability in respect of the bond.\n(5) Where any person who has furnished security under section 125 or section 136 or\nsection 401 is convicted of an offence the commission of which constitutes a breach of the\nconditions of his bond, or of a bond executed in lieu of his bond under section 494, a\ncertified copy of the judgment of the Court by which he was convicted of such offence may\nbe used as evidence in proceedings under this section against his surety or sureties, and,\nif such certified copy is so used, the Court shall presume that such offence was committed\nby him unless the contrary is proved.\n\n\f149\n492. Without prejudice to the provisions of section 491, where a bond or bail bond Cancellation\nunder this Sanhita is for appearance of a person in a case and it is forfeited for breach of a of bond and\nbail bond.\ncondition,—\n(a) the bond executed by such person as well as the bond, if any, executed by\none or more of his sureties in that case shall stand cancelled; and\n(b) thereafter no such person shall be released only on his own bond in that\ncase, if the police officer or the Court, as the case may be, for appearance before\nwhom the bond was executed, is satisfied that there was no sufficient cause for the\nfailure of the person bound by the bond to comply with its condition:\nProvided that subject to any other provisions of this Sanhita he may be released in\nthat case upon the execution of a fresh personal bond for such sum of money and bond by\none or more of such sureties as the police officer or the Court, as the case may be, thinks\nsufficient.\n493. When any surety to a bail bond under this Sanhita becomes insolvent or dies,\nor when any bond is forfeited under the provisions of section 491, the Court by whose order\nsuch bond was taken, or a Magistrate of the first class may order the person from whom\nsuch security was demanded to furnish fresh security in accordance with the directions of\nthe original order, and if such security is not furnished, such Court or Magistrate may\nproceed as if there had been a default in complying with such original order.\n\nProcedure in\ncase of\ninsolvency or\ndeath of\nsurety or when\na bond is\nforfeited.\n\n494. When the person required by any Court, or officer to execute a bond is a child, Bond required\nsuch Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties from child.\nonly.\n495. All orders passed under section 491 shall be appealable,—\n(i) in the case of an order made by a Magistrate, to the Sessions Judge;\n\nAppeal from\norders under\nsection 491.\n\n(ii) in the case of an order made by a Court of Session, to the Court to which an\nappeal lies from an order made by such Court.\n496. The High Court or Court of Session may direct any Magistrate to levy the Power to\namount due on a bond for appearance or attendance at such High Court or Court of Session. direct levy of\nCHAPTER XXXVI\n\namount due on\ncertain\nrecognizances.\n\nDISPOSAL OF PROPERTY\n497. (1) When any property is produced before any Criminal Court or the Magistrate\nempowered to take cognizance or commit the case for trial during any investigation, inquiry\nor trial, the Court or the Magistrate may make such order as it thinks fit for the proper\ncustody of such property pending the conclusion of the investigation, inquiry or trial, and,\nif the property is subject to speedy and natural decay, or if it is otherwise expedient so to do,\nthe Court or the Magistrate may, after recording such evidence as it thinks necessary, order\nit to be sold or otherwise disposed of.\nExplanation.—For the purposes of this section, \"property\" includes—\n(a) property of any kind or document which is produced before the Court or\nwhich is in its custody;\n(b) any property regarding which an offence appears to have been committed\nor which appears to have been used for the commission of any offence.\n(2) The Court or the Magistrate shall, within a period of fourteen days from the\nproduction of the property referred to in sub-section (1) before it, prepare a statement of\nsuch property containing its description in such form and manner as the State Government\nmay, by rules, provide.\n(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary,\n\nOrder for\ncustody and\ndisposal of\nproperty\npending trial\nin certain\ncases.\n\n\f150\nvideograph on mobile phone or any electronic media, of the property referred to in\nsub-section (1).\n(4) The statement prepared under sub-section (2) and the photograph or the\nvideography taken under sub-section (3) shall be used as evidence in any inquiry, trial or\nother proceeding under the Sanhita.\n(5) The Court or the Magistrate shall, within a period of thirty days after the statement\nhas been prepared under sub-section (2) and the photograph or the videography has been\ntaken under sub-section (3), order the disposal, destruction, confiscation or delivery of the\nproperty in the manner specified hereinafter.\nOrder for\ndisposal of\nproperty at\nconclusion of\ntrial.\n\n498. (1) When an investigation, inquiry or trial in any criminal case is concluded, the\nCourt or the Magistrate may make such order as it thinks fit for the disposal, by destruction,\nconfiscation or delivery to any person claiming to be entitled to possession thereof or\notherwise, of any property or document produced before it or in its custody, or regarding\nwhich any offence appears to have been committed, or which has been used for the\ncommission of any offence.\n(2) An order may be made under sub-section (1) for the delivery of any property to\nany person claiming to be entitled to the possession thereof, without any condition or on\ncondition that he executes a bond, with or without securities, to the satisfaction of the\nCourt or the Magistrate, engaging to restore such property to the Court if the order made\nunder sub-section (1) is modified or set aside on appeal or revision.\n(3) A Court of Session may, instead of itself making an order under sub-section (1),\ndirect the property to be delivered to the Chief Judicial Magistrate, who shall thereupon\ndeal with it in the manner provided in sections 503, 504 and 505.\n(4) Except where the property is livestock or is subject to speedy and natural decay,\nor where a bond has been executed in pursuance of sub-section (2), an order made under\nsub-section (1) shall not be carried out for two months, or when an appeal is presented,\nuntil such appeal has been disposed of.\n(5) In this section, the term \"property\" includes, in the case of property regarding\nwhich an offence appears to have been committed, not only such property as has been\noriginally in the possession or under the control of any party, but also any property into or\nfor which the same may have been converted or exchanged, and anything acquired by such\nconversion or exchange, whether immediately or otherwise.\n\nPayment to\ninnocent\npurchaser of\nmoney found\non accused.\n\nAppeal against\norders under\nsection 498 or\nsection 499.\n\n499. When any person is convicted of any offence which includes, or amounts to,\ntheft or receiving stolen property, and it is proved that any other person bought the stolen\nproperty from him without knowing or having reason to believe that the same was stolen,\nand that any money has on his arrest been taken out of the possession of the convicted\nperson, the Court may, on the application of such purchaser and on the restitution of the\nstolen property to the person entitled to the possession thereof, order that out of such\nmoney a sum not exceeding the price paid by such purchaser be delivered to him within six\nmonths from the date of such order.\n500. (1) Any person aggrieved by an order made by a Court or Magistrate under\nsection 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie\nfrom convictions by the former Court.\n(2) On such appeal, the Appellate Court may direct the order to be stayed pending\ndisposal of the appeal, or may modify, alter or annul the order and make any further orders\nthat may be just.\n(3) The powers referred to in sub-section (2) may also be exercised by a Court of\nappeal, confirmation or revision while dealing with the case in which the order referred to in\nsub-section (1) was made.\n\nDestruction of\nlibellous and\nother matter.\n\n501. (1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of\nsection 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all\nthe copies of the thing in respect of which the conviction was had, and which are in the\ncustody of the Court or remain in the possession or power of the person convicted.\n\n\f151\n(2) The Court may, in like manner, on a conviction under section 274, section 275,\nsection 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug\nor medical preparation in respect of which the conviction was had, to be destroyed.\n502. (1) When a person is convicted of an offence by use of criminal force or show of\nforce or by criminal intimidation, and it appears to the Court that, by such use of force or\nshow of force or intimidation, any person has been dispossessed of any immovable property,\nthe Court may, if it thinks fit, order that possession of the same be restored to that person\nafter evicting by force, if necessary, any other person who may be in possession of the\nproperty:\n\nPower to\nrestore\npossession of\nimmovable\nproperty.\n\nProvided that no such order shall be made by the Court more than one month after the\ndate of the conviction.\n(2) Where the Court trying the offence has not made an order under sub-section (1),\nthe Court of appeal, confirmation or revision may, if it thinks fit, make such order while\ndisposing of the appeal, reference or revision, as the case may be.\n(3) Where an order has been made under sub-section (1), the provisions of\nsection 500 shall apply in relation thereto as they apply in relation to an order under section 499.\n(4) No order made under this section shall prejudice any right or interest to or in such\nimmovable property which any person may be able to establish in a civil suit.\n503. (1) Whenever the seizure of property by any police officer is reported to a\nMagistrate under the provisions of this Sanhita, and such property is not produced before\na Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks\nfit respecting the disposal of such property or the delivery of such property to the person\nentitled to the possession thereof, or if such person cannot be ascertained, respecting the\ncustody and production of such property.\n\nProcedure by\npolice upon\nseizure of\nproperty.\n\n(2) If the person so entitled is known, the Magistrate may order the property to be\ndelivered to him on such conditions (if any) as the Magistrate thinks fit and if such person\nis unknown, the Magistrate may detain it and shall, in such case, issue a proclamation\nspecifying the articles of which such property consists, and requiring any person who may\nhave a claim thereto, to appear before him and establish his claim within six months from the\ndate of such proclamation.\n504. (1) If no person within such period establishes his claim to such property, and if\nthe person in whose possession such property was found is unable to show that it was\nlegally acquired by him, the Magistrate may by order direct that such property shall be at\nthe disposal of the State Government and may be sold by that Government and the proceeds\nof such sale shall be dealt with in such manner as the State Government may, by rules,\nprovide.\n\nProcedure\nwhere no\nclaimant\nappears within\nsix months.\n\n(2) An appeal shall lie against any such order to the Court to which appeals ordinarily\nlie from convictions by the Magistrate.\n505. If the person entitled to the possession of such property is unknown or absent Power to sell\nand the property is subject to speedy and natural decay, or if the Magistrate to whom its perishable\nseizure is reported is of opinion that its sale would be for the benefit of the owner, or that the property.\nvalue of such property is less than ten thousand rupees, the Magistrate may at any time\ndirect it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be\npracticable, apply to the net proceeds of such sale.\nCHAPTER XXXVII\nIRREGULAR PROCEEDINGS\n506. If any Magistrate not empowered by law to do any of the following things, Irregularities\nwhich do not\nnamely:—\n(a) to issue a search-warrant under section 97;\n(b) to order, under section 174, the police to investigate an offence;\n\nvitiate\nproceedings.\n\n\f152\n(c) to hold an inquest under section 196;\n(d) to issue process under section 207, for the apprehension of a person within\nhis local jurisdiction who has committed an offence outside the limits of such\njurisdiction;\n(e) to take cognizance of an offence under clause (a) or clause (b) of\nsub-section (1) of section 210;\n(f) to make over a case under sub-section (2) of section 212;\n(g) to tender a pardon under section 343;\n(h) to recall a case and try it himself under section 450; or\n(i) to sell property under section 504 or section 505,\nerroneously in good faith does that thing, his proceedings shall not be set aside merely on\nthe ground of his not being so empowered.\nIrregularities\nwhich vitiate\nproceedings.\n\n507. If any Magistrate, not being empowered by law in this behalf, does any of the\nfollowing things, namely:—\n(a) attaches and sells property under section 85;\n(b) issues a search-warrant for a document, parcel or other things in the custody\nof a postal authority;\n(c) demands security to keep the peace;\n(d) demands security for good behaviour;\n(e) discharges a person lawfully bound to be of good behaviour;\n(f) cancels a bond to keep the peace;\n(g) makes an order for maintenance;\n(h) makes an order under section 152 as to a local nuisance;\n(i) prohibits, under section 162, the repetition or continuance of a public\nnuisance;\n(j) makes an order under Part C or Part D of Chapter XI;\n(k) takes cognizance of an offence under clause (c) of sub-section (1) of\nsection 210;\n(l) tries an offender;\n(m) tries an offender summarily;\n(n) passes a sentence, under section 364, on proceedings recorded by another\nMagistrate;\n(o) decides an appeal;\n(p) calls, under section 438, for proceedings; or\n(q) revises an order passed under section 491,\nhis proceedings shall be void.\n\nProceedings in\nwrong place.\n\n508. No finding, sentence or order of any Criminal Court shall be set aside merely on\nthe ground that the inquiry, trial or other proceedings in the course of which it was arrived\nat or passed, took place in a wrong sessions division, district, sub-division or other local\narea, unless it appears that such error has in fact occasioned a failure of justice.\n\n\f153\n509. (1) If any Court before which a confession or other statement of an accused\nperson recorded, or purporting to be recorded under section 183 or section 316, is tendered,\nor has been received, in evidence finds that any of the provisions of either of such sections\nhave not been complied with by the Magistrate recording the statement, it may,\nnotwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam,\n2023, take evidence in regard to such non-compliance, and may, if satisfied that such\nnon-compliance has not injured the accused in his defence on the merits and that he duly\nmade the statement recorded, admit such statement.\n\nNoncompliance\nwith provisions\nof section 183\nor section 316.\n\n(2) The provisions of this section apply to Courts of appeal, reference and revision.\n510. (1) No finding, sentence or order by a Court of competent jurisdiction shall be\ndeemed invalid merely on the ground that no charge was framed or on the ground of any\nerror, omission or irregularity in the charge including any misjoinder of charges, unless, in\nthe opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact\nbeen occasioned thereby.\n\nEffect of\nomission to\nframe, or\nabsence of, or\nerror in,\ncharge.\n\n(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of\njustice has in fact been occasioned, it may,—\n(a) in the case of an omission to frame a charge, order that a charge be framed,\nand that the trial be recommenced from the point immediately after the framing of the\ncharge;\n(b) in the case of an error, omission or irregularity in the charge, direct a new trial\nto be had upon a charge framed in whatever manner it thinks fit:\nProvided that if the Court is of opinion that the facts of the case are such that no valid\ncharge could be preferred against the accused in respect of the facts proved, it shall quash\nthe conviction.\n511. (1) Subject to the provisions hereinbefore contained, no finding, sentence or\norder passed by a Court of competent jurisdiction shall be reversed or altered by a Court of\nappeal, confirmation of revision on account of any error, omission or irregularity in the\ncomplaint, summons, warrant, proclamation, order, judgment or other proceedings before or\nduring trial or in any inquiry or other proceedings under this Sanhita, or any error, or\nirregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure\nof justice has in fact been occasioned thereby.\n\nFinding or\nsentence when\nreversible by\nreason of\nerror,\nomission or\nirregularity.\n\n(2) In determining whether any error, omission or irregularity in any proceeding under\nthis Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned\na failure of justice, the Court shall have regard to the fact whether the objection could and\nshould have been raised at an earlier stage in the proceedings.\n512. No attachment made under this Sanhita shall be deemed unlawful, nor shall any Defect or\nperson making the same be deemed a trespasser, on account of any defect or want of form error not to\nmake\nin the summons, conviction, writ of attachment or other proceedings relating thereto.\nCHAPTER XXXVIII\n\nattachment\nunlawful.\n\nLIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES\n513. For the purposes of this Chapter, unless the context otherwise requires, \"period\nof limitation\" means the period specified in section 514 for taking cognizance of an offence.\n514. (1) Except as otherwise provided in this Sanhita, no Court shall take cognizance\nof an offence of the category specified in sub-section (2), after the expiry of the period of\nlimitation.\n(2) The period of limitation shall be—\n(a) six months, if the offence is punishable with fine only;\n(b) one year, if the offence is punishable with imprisonment for a term not\nexceeding one year;\n\nDefinitions.\nBar to taking\ncognizance\nafter lapse of\nperiod of\nlimitation.\n\n\f154\n(c) three years, if the offence is punishable with imprisonment for a term\nexceeding one year but not exceeding three years.\n(3) For the purposes of this section, the period of limitation, in relation to offences\nwhich may be tried together, shall be determined with reference to the offence which is\npunishable with the more severe punishment or, as the case may be, the most severe\npunishment.\nExplanation.—For the purpose of computing the period of limitation, the relevant\ndate shall be the date of filing complaint under section 223 or the date of recording of\ninformation under section 173.\nCommencement\nof period of\nlimitation.\n\n515. (1) The period of limitation, in relation to an offender, shall commence,—\n(a) on the date of the offence; or\n(b) where the commission of the offence was not known to the person aggrieved\nby the offence or to any police officer, the first day on which such offence comes to\nthe knowledge of such person or to any police officer, whichever is earlier; or\n(c) where it is not known by whom the offence was committed, the first day on\nwhich the identity of the offender is known to the person aggrieved by the offence or\nto the police officer making investigation into the offence, whichever is earlier.\n(2) In computing the said period, the day from which such period is to be computed\nshall be excluded.\n\nExclusion of\ntime in\ncertain cases.\n\n516. (1) In computing the period of limitation, the time during which any person has\nbeen prosecuting with due diligence another prosecution, whether in a Court of first instance\nor in a Court of appeal or revision, against the offender, shall be excluded:\nProvided that no such exclusion shall be made unless the prosecution relates to the\nsame facts and is prosecuted in good faith in a Court which from defect of jurisdiction or\nother cause of a like nature, is unable to entertain it.\n(2) Where the institution of the prosecution in respect of an offence has been stayed\nby an injunction or order, then, in computing the period of limitation, the period of the\ncontinuance of the injunction or order, the day on which it was issued or made, and the day\non which it was withdrawn, shall be excluded.\n(3) Where notice of prosecution for an offence has been given, or where, under any\nlaw for the time being in force, the previous consent or sanction of the Government or any\nother authority is required for the institution of any prosecution for an offence, then, in\ncomputing the period of limitation, the period of such notice or, as the case may be, the time\nrequired for obtaining such consent or sanction shall be excluded.\nExplanation.—In computing the time required for obtaining the consent or sanction\nof the Government or any other authority, the date on which the application was made for\nobtaining the consent or sanction and the date of receipt of the order of the Government or\nother authority shall both be excluded.\n(4) In computing the period of limitation, the time during which the offender—\n(a) has been absent from India or from any territory outside India which is\nunder the administration of the Central Government; or\n(b) has avoided arrest by absconding or concealing himself,\nshall be excluded.\n\nExclusion of\ndate on which\nCourt is closed.\n\n517. Where the period of limitation expires on a day when the Court is closed, the\nCourt may take cognizance on the day on which the Court reopens.\nExplanation.—A Court shall be deemed to be closed on any day within the meaning\nof this section, if, during its normal working hours, it remains closed on that day.\n\n\f155\n518. In the case of a continuing offence, a fresh period of limitation shall begin to run Continuing\noffence.\nat every moment of the time during which the offence continues.\n519. Notwithstanding anything contained in the foregoing provisions of this Chapter,\nany Court may take cognizance of an offence after the expiry of the period of limitation, if it\nis satisfied on the facts and in the circumstances of the case that the delay has been\nproperly explained or that it is necessary so to do in the interests of justice.\n\nExtension of\nperiod of\nlimitation in\ncertain cases.\n\nCHAPTER XXXIX\nMISCELLANEOUS\n520. When an offence is tried by the High Court otherwise than under section 447, it Trials before\nshall, in the trial of the offence, observe the same procedure as a Court of Sessions would High Courts.\nobserve if it were trying the case.\n45 of 1950.\n46 of 1950.\n62 of 1957.\n\n521. (1) The Central Government may make rules consistent with this Sanhita and the\nAir Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, and any other law, relating to\nthe Armed Forces of the Union, for the time being in force, as to cases in which persons\nsubject to army, naval or air-force law, or such other law, shall be tried by a Court to which\nthis Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate\nand charged with an offence for which he is liable to be tried either by a Court to which this\nSanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and\nshall in proper cases deliver him, together with a statement of the offence of which he is\naccused, to the commanding officer of the unit to which he belongs, or to the commanding\nofficer of the nearest army, naval or air-force station, as the case may be, for the purpose of\nbeing tried by a Court-martial.\n\nDelivery to\ncommanding\nofficers of\npersons liable\nto be tried by\nCourt-martial.\n\nExplanation.—In this section—\n(a) \"unit\" includes a regiment, corps, ship, detachment, group, battalion or\ncompany;\n(b) \"Court-martial\" includes any Tribunal with the powers similar to those of a\nCourt-martial constituted under the relevant law applicable to the Armed Forces of\nthe Union.\n(2) Every Magistrate shall, on receiving a written application for that purpose by the\ncommanding officer of any unit or body of soldiers, sailors or airmen stationed or employed\nat any such place, use his utmost endeavours to apprehend and secure any person accused\nof such offence.\n(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate\nwithin the State be brought before a Court-martial for trial or to be examined touching any\nmatter pending before the Court-martial.\n522. Subject to the power conferred by article 227 of the Constitution, the forms set Forms.\nforth in the Second Schedule, with such variations as the circumstances of each case\nrequire, may be used for the respective purposes therein mentioned, and if used shall be\nsufficient.\n523. (1) Every High Court may, with the previous approval of the State Government, Power of High\nCourt to make\nmake rules—\n(a) as to the persons who may be permitted to act as petition-writers in the\nCriminal Courts subordinate to it;\n(b) regulating the issue of licences to such persons, the conduct of business by\nthem, and the scale of fees to be charged by them;\n(c) providing a penalty for a contravention of any of the rules so made and\ndetermining the authority by which such contravention may be investigated and the\npenalties imposed;\n(d) any other matter which is required to be, or may be, provided by rules made\nby the State Government.\n\nrules.\n\n\f156\n(2) All rules made under this section shall be published in the Official Gazette.\nPower to alter\nfunctions\nallocated to\nExecutive\nMagistrate in\ncertain cases.\n\n524. If the Legislative Assembly of a State by a resolution so permits, the State\nGovernment may, after consultation with the High Court, by notification, direct that references\nin sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as\nreferences to a Judicial Magistrate of the first class.\n\nCases in which\nJudge or\nMagistrate is\npersonally\ninterested.\n\n525. No Judge or Magistrate shall, except with the permission of the Court to which\nan appeal lies from his Court, try or commit for trial any case to or in which he is a party, or\npersonally interested, and no Judge or Magistrate shall hear an appeal from any judgment\nor order passed or made by himself.\nExplanation.—A Judge or Magistrate shall not be deemed to be a party to, or\npersonally interested in, any case by reason only that he is concerned therein in a public\ncapacity, or by reason only that he has viewed the place in which an offence is alleged to\nhave been committed, or any other place in which any other transaction material to the case\nis alleged to have occurred, and made an inquiry in connection with the case.\n\nPractising\nadvocate not\nto sit as\nMagistrate in\ncertain Courts.\n\n526. No advocate who practices in the Court of any Magistrate shall sit as a Magistrate\nin that Court or in any Court within the local jurisdiction of that Court.\n\nPublic servant\nconcerned in\nsale not to\npurchase or\nbid for\nproperty.\n\n527. A public servant having any duty to perform in connection with the sale of any\nproperty under this Sanhita shall not purchase or bid for the property.\n\nSaving of\ninherent\npowers of\nHigh Court.\n\n528. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of\nthe High Court to make such orders as may be necessary to give effect to any order under\nthis Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the\nends of justice.\n\nDuty of High\nCourt to\nexercise\ncontinuous\nsuperintendence\nover Courts.\n\n529. Every High Court shall so exercise its superintendence over the Courts of Session\nand Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious\nand proper disposal of cases by the Judges and Magistrates.\n\nTrial and\nproceedings to\nbe held in\nelectronic\nmode.\n\n530. All trials, inquires and proceedings under this Sanhita, including—\n(i) issuance, service and execution of summons and warrant;\n(ii) examination of complainant and witnesses;\n(iii) recording of evidence in inquiries and trials; and\n(iv) all appellate proceedings or any other proceeding,\nmay be held in electronic mode, by use of electronic communication or use of audio-video\nelectronic means.\n\nRepeal and\nsavings.\n\n531. (1) The Code of Criminal Procedure, 1973 is hereby repealed.\n(2) Notwithstanding such repeal—\n(a) if, immediately before the date on which this Sanhita comes into force, there\nis any appeal, application, trial, inquiry or investigation pending, then, such appeal,\napplication, trial, inquiry or investigation shall be disposed of, continued, held or\nmade, as the case may be, in accordance with the provisions of the Code of Criminal\n\n2 of 1974.\n\n\f157\n2 of 1974.\n\nProcedure, 1973, as in force immediately before such commencement (hereinafter\nreferred to as the said Code), as if this Sanhita had not come into force;\n(b) all notifications published, proclamations issued, powers conferred, forms\nprovided by rules, local jurisdictions defined, sentences passed and orders, rules and\nappointments, not being appointments as Special Magistrates, made under the said\nCode and which are in force immediately before the commencement of this Sanhita,\nshall be deemed, respectively, to have been published, issued, conferred, specified,\ndefined, passed or made under the corresponding provisions of this Sanhita;\n(c) any sanction accorded or consent given under the said Code in pursuance\nof which no proceeding was commenced under that Code, shall be deemed to have\nbeen accorded or given under the corresponding provisions of this Sanhita and\nproceedings may be commenced under this Sanhita in pursuance of such sanction or\nconsent.\n(3) Where the period specified for an application or other proceeding under the said\nCode had expired on or before the commencement of this Sanhita, nothing in this Sanhita\nshall be construed as enabling any such application to be made or proceeding to be\ncommenced under this Sanhita by reason only of the fact that a longer period therefor is\nspecified by this Sanhita or provisions are made in this Sanhita for the extension of time.\n\n\fTHE FIRST SCHEDULE\nCLASSIFICATION OF OFFENCES\nEXPLANATORY NOTES:\n\n(1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and\nthird columns against a section the number of which is given in the first column are not\nintended as the definition of, and the punishment prescribed for, the offence in the Bharatiya\nNyaya Sanhita, but merely as indication of the substance of the section.\n(2) In this Schedule, (i) the expression \"Magistrate of the first class\" and \"any Magistrate\"\ndoes not include Executive Magistrates; (ii) the word \"cognizable\" stands for \"a police officer\nmay arrest without warrant\"; and (iii) the word \"non-cognizable\" stands for \"a police officer\nshall not arrest without warrant\".\nI.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA\n\nSection\n\nPunishment\n\nCognizable or Noncognizable\n\nBailable or Nonbailable\n\n2\n3\nAbetment of any offence, Same as for offence\nif the act abetted is\nabetted.\ncommitted in consequence,\nand where no express\nprovision is made for its\npunishment.\n\n4\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\n5\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\n6\nCourt by which offence\nabetted is triable.\n\n50\n\nAbetment of any offence, Same as for offence\nif the person abetted does abetted.\nact with different intention\nfrom that of abettor.\n\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n51\n\nAbetment of any offence, Same as for offence\nwhen one act is abetted and intended to be abetted.\na different act is done;\nsubject to the proviso.\n\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n52\n\nAbettor when liable to\ncumulative punishment\nfor act abetted and for\nact done.\n\nSame as for offence\nabetted.\n\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n53\n\nAbetment of any offence, Same as for offence\nwhen an effect is caused by committed.\nthe act abetted different\nfrom that intended by the\nabettor.\n\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n54\n\nAbetment of any offence,\nif abettor present when\noffence is committed.\n\nAccording as offence\nabetted is cognizable\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n55\n\nAbetment of an offence,\nImprisonment for 7 years According as offence\npunishable with death or\nand fine.\nabetted is cognizable\nimprisonment for life,\nor non-cognizable.\nif the offence be not\ncommitted in consequence\nof the abetment.\n\nNon-bailable.\n\nCourt by which offence\nabetted is triable.\n\nIf an act which causes harm Imprisonment for 14 years According as offence\nto be done in consequence and fine.\nabetted is cognizable\nof the abetment.\nor non-cognizable.\n\nNon-bailable.\n\nCourt by which offence\nabetted is triable.\n\nAbetment of an offence,\nImprisonment extending According as offence\npunishable with imprisonment, to one-fourth of the\nabetted is cognizable\nif the offence be not\nlongest term provided for or non-cognizable.\ncommitted in consequence the offence, or fine,\nof the abetment.\nor both.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n1\n49\n\n56\n\nOffence\n\nSame as for offence\ncommitted.\n\nBy what Court\ntriable\n\n\f159\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\nIf the abettor or the person Imprisonment extending According as offence\nabetted be a public servant to one-half of the longest abetted is cognizable\nwhose duty it is to prevent term provided for the\nor non-cognizable.\nthe offence.\noffence, or fine, or both.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n57\n\nAbetting commission of an Imprisonment which may According as offence\noffence by the public or by extend to 7 years and\nabetted is cognizable\nmore than ten persons.\nfine.\nor non-cognizable.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n58 (a)\n\nConcealing design to\nImprisonment for 7 years According as offence\ncommit offence punishable and fine.\nabetted is cognizable\nwith death or imprisonment\nor non-cognizable.\nfor life, if the offence be\ncommitted.\n\nNon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n58(b)\n\nIf offence be not committed. Imprisonment for 3 years According as offence\nand fine.\nabetted is cognizable\nor non-cognizable.\n\nBailable.\n\nCourt by which offence\nabetted is triable.\n\n59(a)\n\nA public servant concealing Imprisonment extending According as offence\na design to commit an\nto one-half of the longest abetted is cognizable\noffence which it is his duty term provided for the\nor non-cognizable.\nto prevent, if the offence offence, or fine, or both.\nbe committed.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n59(b)\n\nIf the offence be punishable Imprisonment for 10 years. According as offence\nwith death or imprisonment\nabetted is cognizable\nfor life.\nor non-cognizable.\n\nNon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n59(c)\n\nIf the offence be not\ncommitted.\n\nImprisonment extending According as offence\nto one-fourth of the\nabetted is cognizable\nlongest term provided\nor non-cognizable.\nfor the offence, or fine,\nor both.\n\nBailable.\n\nCourt by which offence\nabetted is triable.\n\n60(a)\n\nConcealing a design to\ncommit an offence\npunishable with\nimprisonment, if offence\nbe committed.\n\nImprisonment extending According as offence\nto one-fourth of the\nabetted is cognizable\nlongest term provided\nor non-cognizable.\nfor the offence, or fine,\nor both.\n\nAccording as offence\nabetted is bailable or\nnon-bailable.\n\nCourt by which offence\nabetted is triable.\n\n60(b)\n\nIf the offence be not\ncommitted.\n\nImprisonment extending According as offence\nto one-eighth part of the abetted is cognizable\nlongest term provided for or non-cognizable.\nthe offence, or fine,\nor both.\n\nBailable.\n\nCourt by which offence\nabetted is triable.\n\nSame as for abetment of\n61(2)(a) Criminal conspiracy to\ncommit an offence\nthe offence which is the\npunishable with death,\nobject of the conspiracy.\nimprisonment for life or\nrigorous imprisonment for\na term of 2 years or\nupwards.\n61(2)(b) Any other criminal\nconspiracy.\n\nAccording as the offence According as offence\nwhich is the object of which is object of\nconspiracy is cognizable conspiracy is bailable\nor non-cognizable.\nor non-bailable.\n\nImprisonment for 6\nNon-cognizable.\nmonths, or fine, or both.\n\nBailable.\n\nCourt by which abetment\nof the offence which is\nthe object of conspiracy\nis triable.\n\nMagistrate of the first\nclass.\n\n62\n\nAttempting to commit\nOne half of the imprison- According as the\noffence punishable with\nment for life, or imprison- offence is cognizable\nimprisonment for life,\nment not exceeding one- or non-cognizable.\nor imprisonment, and in\nhalf of the longest term,\nsuch attempt doing any act provided for the offence,\ntowards the commission of or fine, or both.\nthe offence.\n\nAccording as the\nThe court by which the\noffence attempted by offence attempted is\nthe offender is bailable triable.\nor non-bailable.\n\n64(1)\n\nRape.\n\nNon-bailable.\n\nRigorous imprisonment\nCognizable.\nfor not less than 10 years\nbut which may extend to\nimprisonment for life,\nand fine.\n\nCourt of Session.\n\n\f160\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n64(2)\n\nRape by a police officer or Rigorous imprisonment\na public servant or member for not less than 10 years\nof armed forces or a person but which may extend to\nbeing on the management imprisonment for life\nor on the staff of a jail,\nwhich shall mean the\nremand home or other\nremainder of that person's\nplace of custody or\nnatural life and fine.\nwomen's or children's\ninstitution or by a person\non the management or on\nthe staff of a hospital, and\nrape committed by a person\nin a position of trust or\nauthority towards the person\nraped or by a near relative\nof the person raped.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n65(1)\n\nPersons committing offence Rigorous imprisonment for\nof rape on a woman under not less than 20 years but\nsixteen years of age.\nwhich may extend to\nimprisonment for life,\nwhich shall mean\nimprisonment for the\nremainder of that person's\nnatural life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n65(2)\n\nPersons committing offence Rigorous imprisonment\nof rape on a woman under for not less than 20 years\ntwelve years of age.\nbut which may extend to\nimprisonment for life\nwhich shall mean\nimprisonment for the\nremainder of that person's\nnatural life and with\nfine or death.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n66\n\nPerson committing an\noffence of rape and\ninflicting injury which\ncauses death or causes\nthe woman to be in a\npersistent vegetative state.\n\nRigorous imprisonment for\nnot less than 20 years but\nwhich may extend to\nimprisonment for life\nwhich shall mean\nimprisonment for the\nremainder of that person's\nnatural life or death.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n67\n\nSexual intercourse by\nhusband upon his wife\nduring separation.\n\nImprisonment for not\nless than 2 years but\nwhich may extend to\n7 years and fine.\n\nCognizable (only\non the complaint\nof the victim).\n\nBailable.\n\nCourt of Session.\n\n68\n\nSexual intercourse by a\nperson in authority, etc.\n\nRigorous imprisonment for\nnot less than 5 years,\nbut which may extend to\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n69\n\nSexual intercourse by\nemploying deceitful\nmeans, etc.\n\nImprisonment which may\nextend to 10 years and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n70(1)\n\nGang rape.\n\nRigorous imprisonment\nfor not less than 20 years\nbut which may extend to\nimprisonment for life\nwhich shall mean\nimprisonment for the\nremainder of that person's\nnatural life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f161\n1\n\n4\n\n5\n\n6\n\nGang rape on a woman\nImprisonment for life which\nunder eighteen years of age. shall mean imprisonment\nfor the remainder of that\nperson's natural life and\nwith fine or with death.\nRepeat offenders.\nImprisonment for life\nwhich shall mean\nimprisonment for the\nremainder of that person's\nnatural life or with death.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n72(1)\n\nDisclosure of identity of\nthe victim of certain\noffences, etc.\n\nImprisonment for 2 years\nand fine.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n73\n\nPrinting or publication of Imprisonment for 2 years\na proceeding without prior and fine.\npermission of court.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n74\n\nAssault or use of criminal Imprisonment for 1 year\nforce to woman with intent which may extend to\nto outrage her modesty.\n5 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n75(2)\n\nSexual harassment and\nRigorous imprisonment\npunishment for sexual\nwith 3 years, or fine,\nharassment specified in\nor both.\nclause (i) or clause (ii) or\nclause (iii) of sub-section (1).\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n75(3)\n\nSexual harassment and\nImprisonment for 1 year,\npunishment for sexual\nor fine, or both.\nharassment specified in\nclause (iv) of sub-section (1).\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n76\n\nAssault or use of criminal Imprisonment for not less\nforce to woman with intent than 3 years but which\nto disrobe.\nmay extend to 7 years\nand fine.\nVoyeurism.\nImprisonment for not less\nthan 1 year but which may\nextend to 3 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nCognizable.\n\nBailable.\n\nCourt of Session.\n\nSecond or subsequent\nconviction.\n\nImprisonment for not less\nthan 3 years but which may\nextend to 7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nStalking.\n\nImprisonment up to\n3 years and fine.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\nSecond or subsequent\nconviction.\n\nImprisonment up to\n5 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n79\n\nUttering any word or\nmaking any gesture\nintended to insult the\nmodesty of a woman, etc.\n\nSimple imprisonment for\n3 years and fine.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n80(2)\n\nDowry death.\n\nImprisonment for not less\nthan 7 years but which\nmay extend to imprisonment\nfor life.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n81\n\nA man by deceit causing\nImprisonment for 10 years\na woman not lawfully\nand fine.\nmarried to him to believe,\nthat she is lawfully married\nto him and to cohabit with\nhim in that belief.\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the\nfirst class.\n\n70(2)\n\n71\n\n77\n\n78(2)\n\n2\n\n3\n\n\f162\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n82(1)\n\nMarrying again during the\nlife time of a husband or\nwife.\n\nImprisonment for 7 years\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n82(2)\n\nSame offence with\nImprisonment for 10 years\nconcealment of the former and fine.\nmarriage from the person\nwith whom subsequent\nmarriage is contracted.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n83\n\nA person with fraudulent\nintention going through\nthe ceremony of being\nmarried, knowing that he\nis not thereby lawfully\nmarried.\n\nImprisonment up to 7 years\nand fine.\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n84\n\nEnticing or taking away or Imprisonment for 2 years,\ndetaining with a criminal\nor fine, or both.\nintent a married woman.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n85\n\nPunishment for subjecting Imprisonment for 3 years\na married woman to cruelty. and fine.\n\nCognizable if information\nrelating to the\ncommission of the\noffence is given to an\nofficer in charge of a\npolice station by the\nperson aggrieved by the\noffence or by any\nperson related to her by\nblood, marriage or\nadoption or if there is\nno such relative, by any\npublic servant belonging\nto such class or category\nas may be notified by\nthe State Government\nin this behalf.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n87\n\nKidnapping, abducting or\nImprisonment for 10 years\ninducing woman to compel and fine.\nher marriage, etc.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n88\n\nCausing miscarriage.\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nIf the woman be quick\nwith child.\n\nImprisonment for 7 years\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n89\n\nCausing miscarriage without Imprisonment for life, or\nwomen's consent.\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n90(1)\n\nDeath caused by an act done Imprisonment for 10 years\nwith intent to cause\nand fine.\nmiscarriage.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n90(2)\n\nIf act done without\nwomen's consent.\n\nImprisonment for life,\nor as above.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n91\n\nAct done with intent to\nprevent a child being born\nalive, or to cause it to die\nafter its birth.\n\nImprisonment for 10 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n92\n\nCausing death of a quick\nunborn child by an act\namounting to culpable\nhomicide.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f163\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n93\n\nExposure of a child under Imprisonment for 7 years,\n12 years of age by parent or fine, or both.\nor person having care of it\nwith intention of wholly\nabandoning it.\n\nCognizable.\n\nBailable.\n\nMagistrate of the\nfirst class.\n\n94\n\nConcealment of birth by\nsecret disposal of dead\nbody.\n\nImprisonment for 2 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the\nfirst class.\n\n95\n\nHiring, employing or\nImprisonment for not less\nengaging a child to commit than 3 years but which may\nan offence.\nextend to 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the\nfirst class.\n\nIf offence be committed.\n\nSame as for the offence\ncommitted.\n\nCognizable.\n\nNon-bailable.\n\nCourt by which offence\ncommitted is triable.\n\n96\n\nProcuration of child.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n97\n\nKidnapping or abducting a\nchild under ten years with\nintent to steal from\nits person.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n98\n\nSelling child for purposes\nof prostitution, etc.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n99\n\nBuying child for purposes\nof prostitution, etc.\n\nImprisonment for not less\nthan 7 years but which may\nextend to 14 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n103(1)\n\nMurder.\n\nDeath or imprisonment for\nlife and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n103(2)\n\nMurder by group of five\nor more persons.\n\nDeath or with imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n104\n\nMurder by life-convict.\n\nDeath or imprisonment for\nlife, which shall mean the\nremainder of that person's\nnatural life.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n105\n\nCulpable homicide not\nImprisonment for life, or\namounting to murder, if act Imprisonment for not less\nby which the death is\nthan 5 years but which\ncaused is done with\nmay extend to 10 years\nintention of causing death, and fine.\netc.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nIf act be done with\nknowledge that it is\nlikely to cause death, but\nwithout any intention to\ncause death, etc.\n\nImprisonment for 10 years\nand with fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nCausing death by\nnegligence.\n\nImprisonment for 5 years\nand fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nCausing death by negligence Imprisonment for 2 years\nby registered medical\nand fine\npractitioner.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n106(2)\n\nCausing death by rash and\nnegligent driving of\nvehicle and escaping.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n107\n\nAbetment of suicide of\nchild or person of unsound\nmind, etc.\n\nDeath, or imprisonment\nfor life, or imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n108\n\nAbetment of suicide.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n109(1)\n\nAttempt to murder.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n106(1)\n\n\f164\n1\n\n2\n\n3\n\n4\n\n5\n\nIf such act causes hurt to\nany person.\n\nImprisonment for life, or\nas above.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n109(2)\n\nAttempt by life-convict to Death, or imprisonment\nmurder, if hurt is caused.\nfor life which shall mean\nthe remainder of that\nperson's natural life.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n110\n\nAttempt to commit culpable Imprisonment for 3 years,\nhomicide.\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nIf such act causes hurt to\nany person.\n\nImprisonment for 7 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(2)(a) Organised crime resulting\nin death of any person.\n\nDeath or imprisonment for\nlife and fine of not less\nthan 10 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(2)(b) In any other case.\n\nImprisonment for not less\nthan 5 years but which may\nextend to imprisonment\nfor life and fine of not less\nthan 5 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(3)\n\nAbetting, attempting,\nImprisonment for not less\nconspiring or knowingly\nthan 5 years but which may\nfacilitating the commission extend to imprisonment\nof organised crime.\nfor life and fine of not less\nthan 5 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(4)\n\nBeing a member of an\norganised crime syndicate.\n\nImprisonment for not less\nthan 5 years but which may\nextend to imprisonment\nfor life and fine of not less\nthan 5 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(5)\n\nIntentionally harbouring or Imprisonment for not less\nconcealing any person who than 3 years but which may\ncommitted offence of\nextend to imprisonment\norganised crime.\nfor life and fine of not less\nthan 5 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(6)\n\nPossessing property derived, Imprisonment for not less\nor obtained from the\nthan 3 years but which may\ncommission of organised\nextend to imprisonment\ncrime.\nfor life and fine of\nnot less than 2 lakh rupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n111(7)\n\nPossessing property on\nbehalf of a member of an\norganised crime syndicate.\n\nImprisonment for not less\nthan 3 years but which may\nextend to imprisonment\nfor 10 years and fine of\nnot less than 1 lakh\nrupees.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n112\n\nPetty Organised crime.\n\nImprisonment for not less\nthan 1 year but which may\nextend to 7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n113(2)(a) Terrorist act resulting in\nthe death of any person.\n\nDeath or imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n113(2)(b) In any other case.\n\nImprisonment for not less\nthan 5 years but which may\nextend to imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nConspiring, attempting,\nImprisonment for not less\nabetting, etc., or knowingly than 5 years but which may\nfacilitating the commission extend to imprisonment\nof terrorist act.\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n113(3)\n\n6\n\n\f165\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n113(4)\n\nOrganising camps, training, Imprisonment for not less\netc., for commission of\nthan 5 years but which may\nterrorist act.\nextend to imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n113(5)\n\nBeing a member of an\norganisation involved in\nterrorist act.\n\nImprisonment for life and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n113(6)\n\nHarbouring, concealing,\netc., of any person who\ncommitted a terrorist act.\n\nImprisonment for not less\nthan 3 years but which may\nextend to imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n113(7)\n\nPossessing property derived Imprisonment for life\nor obtained from commission and fine.\nof terrorist act.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n115(2)\n\nVoluntarily causing hurt.\n\nImprisonment for 1 year\nor fine of 10,000 rupees,\nor both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n117(2)\n\nVoluntarily causing grievous\nhurt.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n117(3)\n\nIf hurt to results in\nRigorous imprisonment for\npermanent disability or\nnot less than 10 years but\npersistent vegetative state. which may extend to\nimprisonment for life\nwhich shall mean the\nremainder of that person's\nnatural life.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n117(4)\n\nGrievous hurt caused by a Imprisonment for 7 years\ngroup of 5 or more persons. and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n118(1)\n\nVoluntarily causing hurt by Imprisonment for 3 years,\ndangerous weapons or\nor fine of 20,000 rupees,\nmeans.\nor both.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n118(2)\n\nVoluntarily causing grievous Imprisonment for life or\nhurt by dangerous weapons imprisonment of not less\nor means [except as\nthan 1 year but which may\nprovided in section 122(2)]. extend to 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n119(1)\n\nVoluntarily causing hurt to Imprisonment for 10 years\nextort property, or to\nand fine.\nconstrain to an illegal act.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n119(2)\n\nVoluntarily causing grievous Imprisonment for life, or\nhurt for any purpose\nimprisonment for 10 years\nreferred to in sub-section (1). and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n120(1)\n\nVoluntarily causing hurt to Imprisonment for 7 years\nextort confession or\nand fine.\ninformation, or to compel\nrestoration of property, etc.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n120(2)\n\nVoluntarily causing grievous Imprisonment for 10 years\nhurt to extort confession or and fine.\ninformation, or to compel\nrestoration of property, etc.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n121(1)\n\nVoluntarily causing hurt to Imprisonment for 5 years,\ndeter public servant from\nor fine, or both.\nhis duty.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n121(2)\n\nVoluntarily causing grievous Imprisonment not less than\nhurt to deter public servant 1 year, or imprisonment\nfrom his duty.\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f166\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n122(1)\n\nVoluntarily causing hurt on Imprisonment for 1 month,\ngrave and sudden provocation, or fine of 5,000 rupees, or\nnot intending to hurt any both.\nother than the person who\ngave the provocation.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n122(2)\n\nCausing grievous hurt on\nImprisonment for 5 years,\ngrave and sudden\nor fine of 10,000 rupees,\nprovocation, not intending or both.\nto hurt any other than the\nperson who gave the\nprovocation.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n123\n\nCausing hurt by means of\nImprisonment for 10 years\npoison, etc., with intent to and fine.\ncommit an offence.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n124(1)\n\nVoluntarily causing grievous Imprisonment for not less\nCognizable.\nhurt by use of acid, etc.\nthan 10 years but which may\nextend to imprisonment\nfor life and fine.\n\nNon-bailable.\n\nCourt of Session.\n\n124(2)\n\nVoluntarily throwing or\nattempting to throw acid.\n\nImprisonment for 5 years\nbut which may extend to\n7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n125\n\nDoing any act endangering Imprisonment for 3 months,\nhuman life or personal\nor fine of 2,500 rupees,\nsafety of others.\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n125(a)\n\nWhere hurt is caused.\n\nImprisonment for 6 months, Cognizable.\nor fine of 5,000 rupees,\nor both.\n\nBailable.\n\nAny Magistrate.\n\n125(b)\n\nWhere grievous hurt is\ncaused.\n\nImprisonment for 3 years,\nor fine of 10,000 rupees,\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n126(2)\n\nWrongfully restraining any Simple imprisonment for\nperson.\n1 month, or fine of 5,000\nrupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n127(2)\n\nWrongfully confining any\nperson.\n\nImprisonment for 1 year,\nor fine of 5,000 rupees,\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n127(3)\n\nWrongfully confining for\nthree or more days.\n\nImprisonment for 3 years,\nor fine of 10,000 rupees,\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n127(4)\n\nWrongfully confining for\n10 or more days.\n\nImprisonment for 5 years\nand fine of 10,000 rupees.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n127(5)\n\nKeeping any person in\nwrongful confinement,\nknowing that a writ has\nbeen issued for his liberation.\n\nImprisonment for 2 years\nin addition to any term of\nimprisonment to under\nany other section and fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of\nthe first class.\n\n127(6)\n\nWrongful confinement in\nsecret.\n\nImprisonment for 3 years\nin addition to other\npunishment which he is\nliable to and fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n127(7)\n\nWrongful confinement for Imprisonment for 3 years\nthe purpose of extorting\nand fine.\nproperty, or constraining to\nan illegal act, etc.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n127(8)\n\nWrongful confinement for Imprisonment for 3 years\nthe purpose of extorting\nand fine.\nconfession or information,\nor for compelling restoration\nof property, etc.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n\f167\n1\n\n2\n\n3\n\n4\n\n5\n\n131\n\nAssault or criminal force\notherwise than on grave\nprovocation.\n\nImprisonment for 3 months,\nor fine of 1,000 rupees,\nor both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n132\n\nAssault or use of criminal Imprisonment for 2 years,\nforce to deter public servant or fine, or both.\nfrom discharge of his duty.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n133\n\nAssault or criminal force\nwith intent to dishonour a\nperson, otherwise than on\ngrave and sudden\nprovocation.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n134\n\nAssault or criminal force\nImprisonment for 2 years,\nin attempt to commit theft or fine, or both.\nof property worn or carried\nby a person.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n135\n\nAssault or use of criminal Imprisonment for 1 year,\nforce in attempt wrongfully or fine of 5,000 rupees,\nto confine a person.\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n136\n\nAssault or use of criminal\nforce on grave and sudden\nprovocation.\n\nSimple imprisonment for\none month, or fine of\n1,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n137(2)\n\nKidnapping.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n139(1)\n\nKidnapping a child for\npurposes of begging.\n\nRigorous imprisonment not\nbe less than 10 years but\nwhich may extend to\nimprisonment for life, and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n139(2)\n\nMaiming a child for purposes Imprisonment not be less\nof begging.\nthan 20 years which may\nextend to remainder of\nthat person's natural life,\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n140(1)\n\nKidnapping or abducting in Imprisonment for life, or\norder to murder.\nrigorous imprisonment for\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n140(2)\n\nKidnapping for ransom,\netc.\n\nDeath, or imprisonment for\nlife and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n140(3)\n\nKidnapping or abducting\nwith intent secretly and\nwrongfully to confine a\nperson.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n140(4)\n\nKidnapping or abducting in Imprisonment for 10 years\norder to subject a person to and fine.\ngrievous hurt, slavery, etc.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n141\n\nImportation of a girl or boy Imprisonment for 10 years\nfrom foreign country.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n142\n\nWrongfully concealing or\nkeeping in confinement,\nkidnapped or abducted\nperson.\n\nPunishment for kidnapping\nor abduction.\n\nCognizable.\n\nNon-bailable.\n\nCourt by which the\nkidnapping or abduction\nis triable.\n\n143(2)\n\nTrafficking of person.\n\nRigorous imprisonment for\nnot less than 7 years but\nwhich may extend to\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n143(3)\n\nTrafficking of more than\none person.\n\nRigorous imprisonment for\nnot less than 10 years but\nwhich may extend to\nimprisonment for life and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nImprisonment for 2 years,\nor fine, or both.\n\n6\n\n\f168\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n143(4)\n\nTrafficking of a child.\n\nRigorous imprisonment\nfor not less than 10 years\nbut which may extend to\nimprisonment for life and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n143(5)\n\nTrafficking of more than\none child.\n\nRigorous imprisonment\nfor not less than 14 years\nbut which may extend to\nimprisonment for life and\nfine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n143(6)\n\nPerson convicted of offence Imprisonment for life\nof trafficking of child on\nwhich shall mean the\nmore than one occasion.\nremainder of that person's\nnatural life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n143(7)\n\nPublic servant or a police\nofficer involved in\ntrafficking of child.\n\nImprisonment for life\nwhich shall mean the\nremainder of that person's\nnatural life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n144(1)\n\nExploitation of a trafficked Rigorous imprisonment\nchild.\nfor not less than 5 years\nbut which may extend to\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n144(2)\n\nExploitation of a trafficked Rigorous imprisonment\nperson.\nfor not less than 3 years\nbut which may extend to\n7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n145\n\nHabitual dealing in slaves.\n\nImprisonment for life, or\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n146\n\nUnlawful compulsory\nlabour.\n\nImprisonment for 1 year,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n147\n\nWaging or attempting to\nwage war, or abetting the\nwaging of war, against the\nGovernment of India.\n\nDeath, or imprisonment\nfor life and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n148\n\nConspiring to commit\nImprisonment for life, or\ncertain offences against the imprisonment for 10 years\nState.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n149\n\nCollecting arms, etc., with Imprisonment for life, or\nthe intention of waging war imprisonment for 10 years\nagainst the Government of and fine.\nIndia.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n150\n\nConcealing with intent to\nfacilitate a design to wage\nwar.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n151\n\nAssaulting President,\nImprisonment for 7 years\nGovernor, etc., with intent and fine.\nto compel or restrain the\nexercise of any lawful power.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n152\n\nAct endangering sovereignty, Imprisonment for life, or\nunity and integrity of\nimprisonment for 7 years\nIndia.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n153\n\nWaging war against\nImprisonment for life and\nGovernment of any\nfine, or imprisonment for\nforeign State at peace with 7 years and fine, or fine.\nthe Government of India.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n154\n\nCommitting depredation on Imprisonment for 7 years\nthe territories of any foreign and fine, and forfeiture of\nstate at peace with the\ncertain property.\nGovernment of India.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f169\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n155\n\nReceiving property taken Imprisonment for 7 years\nby war or depredation\nand fine, and forfeiture of\nmentioned in sections 153 certain property.\nand 154.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n156\n\nPublic servant voluntarily\nallowing prisoner of state\nor war in his custody to\nescape.\n\nImprisonment for life, or\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n157\n\nPublic servant negligently\nsuffering prisoner of State\nor war in his custody to\nescape.\n\nSimple imprisonment for\n3 years and fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n158\n\nAiding escape of, rescuing Imprisonment for life, or\nor harbouring such prisoner. imprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n159\n\nAbetting mutiny, or\nImprisonment for life, or\nattempting to seduce an\nimprisonment for 10 years\nofficer, soldier, sailor or\nand fine.\nairman from his allegiance\nor duty.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n160\n\nAbetment of mutiny, if\nmutiny is committed in\nconsequence thereof.\n\nDeath, or imprisonment\nfor life, or imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n161\n\nAbetment of assault by an\nofficer, soldier, sailor or\nairman on his superior\nofficer, when in execution\nof his office.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n162\n\nAbetment of such assault,\nif the assault committed.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n163\n\nAbetment of the desertion Imprisonment for 2 years,\nof an officer, soldier, sailor or fine, or both.\nor airman.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n164\n\nHarbouring deserter.\n\nCognizable\n\nBailable.\n\nAny Magistrate.\n\n165\n\nDeserter concealed on\nFine of 3,000 rupees.\nboard merchant vessel\nthrough negligence of\nmaster or person in charge\nthereof.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n166\n\nAbetment of act of\nImprisonment for 2 years,\ninsubordination by an\nor fine, or both.\nofficer, soldier, sailor or\nairman if the offence be\ncommitted in consequence.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n168\n\nWearing garb or carrying\nImprisonment for 3 months,\ntoken used by soldier, sailor or fine of 2,000 rupees, or\nor airman.\nboth.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n173\n\nBribery.\n\nImprisonment for 1 year\nor fine, or both, or if\ntreating only, fine only.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n174\n\nUndue influence or\nImprisonment for 1 year,\npersonation at an election. or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n175\n\nFalse statement in connection Fine.\nwith an election.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n176\n\nIllegal payments in\nFine of 10,000 rupees.\nconnection with elections.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nImprisonment for 2 years,\nor fine, or both.\n\n\f170\n1\n\n2\n\n3\n\n177\n\nFailure to keep election\naccounts.\n\nFine of 5,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n178\n\nCounterfeiting coins,\ngovernment stamps,\ncurrency-notes or\nbank-notes.\n\nImprisonment for life, or\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n179\n\nUsing as genuine forged or Imprisonment for life, or\ncounterfeit coin, Government imprisonment for 10 years\nstamp currency-notes or\nand fine.\nbank-notes.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n180\n\nPossession of forged or\nImprisonment for 7 years,\ncounterfeit coin, Government or fine, or both.\nstamp, currency-notes or\nbank-notes.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n181\n\nMaking, buying, selling or Imprisonment for life, or\npossessing machinery,\nimprisonment for 10 years\ninstrument or material for and fine.\nforging or counterfeiting\ncoins, Government stamp,\ncurrency-notes or\nbank-notes.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n182(1)\n\nMaking or using documents Fine of 300 rupees.\nresembling currency-notes\nor bank-notes.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n182(2)\n\nOn refusal to disclose the\nname and address of the\nprinter.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n183\n\nEffacing any writing from a Imprisonment for 3 years,\nsubstance bearing a\nor fine, or both.\nGovernment stamp, removing\nfrom a document a stamp\nused for it, with intent to\ncause a loss to Government.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n184\n\nUsing a Government stamp Imprisonment for 2 years,\nknown to have been before or fine, or both.\nused.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n185\n\nErasure of mark denoting Imprisonment for 3 years,\nthat stamps have been used. or fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n186\n\nFictitious stamps.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n187\n\nPerson employed in a Mint Imprisonment for 7 years\ncausing coin to be of a\nand fine.\ndifferent weight or\ncomposition from that\nfixed by law.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n188\n\nUnlawfully taking from a\nMint any coining\ninstrument.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n189(2)\n\nBeing member of an\nunlawful assembly.\n\nImprisonment for 6 months,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n189(3)\n\nJoining or continuing in an Imprisonment for 2 years,\nunlawful assembly, knowing or fine, or both.\nthat it has been commanded\nto disperse.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n189(4)\n\nJoining an unlawful assembly Imprisonment for 2 years,\narmed with any deadly\nor fine, or both.\nweapon.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\nFine of 600 rupees.\n\nFine of 200 rupees.\n\n4\n\n5\n\n6\n\n\f171\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n189(5)\n\nKnowingly joining or\nImprisonment for 6 months,\ncontinuing in any assembly or fine, or both.\nof five or more persons\nafter it has been commanded\nto disperse.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n189(6)\n\nHiring, engaging or\nThe same as for a member\nemploying persons to take of such assembly, and for\npart in an unlawful assembly. any offence committed by\nany member of such\nassembly.\n\nCognizable.\n\nAccording as\noffence is bailable\nor non-bailable.\n\nThe Court by which the\noffence is triable.\n\n189(7)\n\nHarbouring persons hired\nfor an unlawful assembly.\n\nImprisonment for 6 months,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n189(8)\n\nBeing hired to take part in Imprisonment for 6 months,\nan unlawful assembly or\nor fine, or both.\nriot.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n189(9)\n\nOr to go armed.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n190\n\nEvery member of unlawful The same as for the\nassembly guilty of offence offence.\ncommitted in prosecution\nof common object.\n\nAccording as offence\nis cognizable or noncognizable.\n\nAccording as\noffence is bailable\nor non-bailable.\n\nThe Court by which the\noffence is triable.\n\n191(2)\n\nRioting.\n\nImprisonment for 2 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n191(3)\n\nRioting, armed with a\ndeadly weapon.\n\nImprisonment for 5 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n192\n\nWantonly giving\nprovocation with\nintent to cause riot, if\nrioting be committed.\n\nImprisonment for 1 year,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\nIf not committed.\n\nImprisonment for 6 months,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n193(1)\n\nOwner or occupier of land\nnot giving information of\nriot, etc.\n\nFine of 1,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n193(2)\n\nPerson for whose benefit\nFine.\nor on whose behalf a riot\ntakes place not using all\nlawful means to prevent it.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n193(3)\n\nAgent of owner or occupier Fine.\nfor whose benefit a riot is\ncommitted not using all\nlawful means to prevent it.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n194(2)\n\nCommitting affray.\n\nImprisonment for one\nmonth, or fine of\n1,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n195(1)\n\nAssaulting or obstructing\npublic servant when\nsuppressing riot, etc.\n\nImprisonment for 3 years,\nor fine not less than\n25,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of\nthe first class.\n\n195(2)\n\nThreatening to assault or\nattempting to obstruct\npublic servant when\nsuppressing riot, etc.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n196(1)\n\nPromoting enmity between Imprisonment for 3 years,\ndifferent groups on ground or fine, or both.\nof religion, race, place of\nbirth, residence, language,\netc., and doing acts\nprejudicial to maintenance\nof harmony.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nImprisonment for 2 years,\nor fine, or both.\n\n\f172\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n196(2)\n\nPromoting enmity between Imprisonment for 5 years\nclasses in place of worship, and fine.\netc.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n197(1)\n\nImputations, assertions\nprejudicial to national\nintegration.\n\nImprisonment for 3 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n197(2)\n\nIf committed in a place of\npublic worship, etc.\n\nImprisonment for 5 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n198\n\nPublic servant disobeying\ndirection of the law with\nintent to cause injury to\nany person.\n\nSimple imprisonment for\n1 year, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n199\n\nPublic servant disobeying\ndirection under law.\n\nRigorous imprisonment\nfor not less than 6 months\nwhich may extend to\n2 years and fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n200\n\nNon-treatment of victim\nby hospital.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n201\n\nPublic servant framing an\nincorrect document with\nintent to cause injury.\n\nImprisonment for 3 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n202\n\nPublic servant unlawfully\nengaging in trade.\n\nSimple imprisonment for\n1 year, or fine, or both,\nor community service.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n203\n\nPublic servant unlawfully\nbuying or bidding for\nproperty.\n\nSimple imprisonment for\n2 years, or fine, or both\nand confiscation of\nproperty, if purchased.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n204\n\nPersonating a public servant.\n\nImprisonment for not less\nthan 6 months but which\nmay extend to 3 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n205\n\nWearing garb or carrying\ntoken used by public\nservant with fraudulent\nintent.\n\nImprisonment for 3 months,\nor fine of 5,000 rupees, or\nboth.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n206(a)\n\nAbsconding to avoid service Simple imprisonment for\nof summons or other\n1 month, or fine of\nproceeding from a public\n5,000 rupees, or both.\nservant.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n206(b)\n\nIf summons or notice\nrequire attendance in person,\netc., in a Court.\n\nSimple imprisonment for\n6 months, or fine of\n10,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n207(a)\n\nPreventing service of\nsummons or other\nproceeding, or preventing\npublication thereof.\n\nSimple imprisonment for\n1 month, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n207(b)\n\nIf summons, etc., require\nSimple imprisonment for\nattendance in person, etc., 6 months, or fine of\nin a Court.\n10,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n208(a)\n\nNon-attendance in obedience Simple imprisonment for\nto an order from public\n1 month, or fine of\nservant.\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n208(b)\n\nIf the order requires personal Simple imprisonment for\nattendance, etc., in a Court. 6 months, or fine of\n10,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n\f173\n1\n\n4\n\n5\n\n6\n\nNon-appearance in response Imprisonment for 3 years,\nto a proclamation under\nor fine, or both,\nsection 84 of this Sanhita. or community service.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nIn a case where declaration Imprisonment for 7 years\nhas been made under\nand fine.\nsub-section (4) of\nsection 84 of this Sanhita\npronouncing a person as\nproclaimed offender.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n210(a)\n\nOmission to produce\nSimple imprisonment for\ndocument to public\n1 month, or fine of\nservant by person legally\n5,000 rupees, or both.\nbound to produce or deliver\nit.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the provisions\nof Chapter XXVIII; or,\nif not committed, in a\nCourt, any Magistrate.\n\n210(b)\n\nIf the document is required Simple imprisonment for\nto be produced in or\n6 months, or fine of\ndelivered to a Court.\n10,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the provisions\nof Chapter XXVIII; or,\nif not committed, in a\nCourt, any Magistrate.\n\n211(a)\n\nIntentional omission to\nSimple imprisonment for\ngive notice or information 1 month, or fine of\nto public servant by person 5,000 rupees, or both.\nlegally bound to give it.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n211(b)\n\nIf the notice or information Simple imprisonment for\nrequired respects the\n6 months, or fine of\ncommission of an offence, 10,000 rupees, or both.\netc.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n211(c)\n\nIf the notice or information Imprisonment for 6 months,\nis required by an order\nor fine of 1,000 rupees,\npassed under sub-section (1) or both.\nof section 394 of this\nSanhita.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n212(a)\n\nKnowingly furnishing false Simple imprisonment for\ninformation to public\n6 months, or fine of\nservant.\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n212(b)\n\nIf the information required Imprisonment for 2 years,\nrespects the commission\nor fine, or both.\nof an offence, etc.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n213\n\nRefusing oath when duly\nrequired to take oath by a\npublic servant.\n\nSimple imprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the provisions\nof Chapter XXVIII; or,\nif not committed, in a\nCourt, any Magistrate.\n\n214\n\nBeing legally bound to state Simple imprisonment for\ntruth, and refusing to\n6 months, or fine of\nanswer public servant\n5,000 rupees, or both.\nauthorised to question.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the provisions\nof Chapter XXVIII; or,\nif not committed, in a\nCourt, any Magistrate.\n\n215\n\nRefusing to sign a statement\nmade to a public servant\nwhen legally required to\ndo so.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the provisions\nof Chapter XXVIII; or,\nif not committed, in a\nCourt, any Magistrate.\n\n209\n\n2\n\n3\n\nSimple imprisonment for\n3 months, or fine of\n3,000 rupees, or both.\n\n\f174\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n216\n\nKnowingly stating to a\npublic servant on oath as\ntrue that which is false.\n\nImprisonment for 3 years\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n217\n\nGiving false information to Imprisonment for 1 year,\na public servant in order to or with fine of\ncause him to use his lawful 10,000 rupees, or both.\npower to the injury or\nannoyance of any person.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n218\n\nResistance to the taking of Imprisonment for\nproperty by the lawful\n6 months, or fine of\nauthority of a public servant. 10,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n219\n\nObstructing sale of property Imprisonment for 1 month,\noffered for sale by authority or fine of 5,000 rupees,\nof a public servant.\nor both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n220\n\nIllegal purchase or bid for Imprisonment for 1 month,\nproperty offered for sale by or fine of 200 rupees,\nauthority of public servant. or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n221\n\nObstructing public servant\nin discharge of his public\nfunctions.\n\nImprisonment for 3 months,\nor fine of 2,500 rupees,\nor both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n222(a)\n\nOmission to assist public\nSimple imprisonment for\nservant when bound by law 1 month, or fine of\nto give such assistance.\n2,500 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n222(b)\n\nWilfully neglecting to aid a Simple imprisonment for\npublic servant who demands 6 months, or fine of\naid in the execution of\n5,000 rupees, or both.\nprocess, the prevention of\noffences, etc.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n223(a)\n\nDisobedience to an order\nlawfully promulgated by a\npublic servant, if such\ndisobedience causes\nobstruction, annoyance or\ninjury to persons lawfully\nemployed.\n\nSimple imprisonment for\n6 months, or fine of\n2,500 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n223(b)\n\nIf such disobedience causes Imprisonment for 1 year,\ndanger to human life, health or fine of 5,000 rupees,\nor safety, or causes or tends or both.\nto cause a riot or affray.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n224\n\nThreat of injury to public\nservant, etc.\n\nImprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n225\n\nThreat of injury to induce Imprisonment for 1 year,\nperson to refrain from\nor fine, or both.\napplying for protection to\npublic servant.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n226\n\nAttempt to commit suicide Imprisonment for 1 year,\nto compel or restraint\nor fine, or both, or\nexercise of lawful power.\ncommunity service.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n229(1)\n\nIntentionally giving or\nfabricating false evidence\nin a judicial proceeding.\n\nImprisonment for 7 years\nand 10,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n229(2)\n\nGiving or fabricating false Imprisonment for 3 years\nevidence in any other case. and 5,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n230(1)\n\nGiving or fabricating false Imprisonment for life, or\nevidence with intent to\nrigorous imprisonment\ncause any person to be\nfor 10 years and\nconvicted of capital offence. 50,000 rupees.\n\nNon-cognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f175\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n230(2)\n\nIf innocent person be\nthereby convicted and\nexecuted.\n\nDeath, or as above.\n\nNon-cognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n231\n\nGiving or fabricating false\nevidence with intent to\nprocure conviction of an\noffence punishable with\nimprisonment for life or\nwith imprisonment for\n7 years, or upwards.\n\nThe same as for the offence.\n\nNon-cognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n232(1)\n\nThreatening any person to Imprisonment for 7 years,\ngive false evidence.\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n232(2)\n\nIf innocent person is\nThe same as for the\nconvicted and sentenced in offence.\nconsequence of false\nevidence with death, or\nimprisonment for more\nthan 7 years.\n\nCognizable.\n\nNon-bailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n233\n\nUsing in a judicial\nThe same as for giving or\nproceeding evidence known fabricating false evidence.\nto be false or fabricated.\n\nNon-cognizable.\n\nAccording as offence Court by which offence\nof giving such\nof giving or fabricating\nevidence is bailable\nfalse evidence is triable.\nor non-bailable.\n\n234\n\nKnowingly issuing or signing The same as for giving\na false certificate relating false evidence.\nto any fact of which such\ncertificate is by law\nadmissible in evidence.\n\nNon-cognizable.\n\nBailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n235\n\nUsing as a true certificate\none known to be false in a\nmaterial point.\n\nThe same as for giving\nfalse evidence.\n\nNon-cognizable.\n\nBailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n236\n\nFalse statement made in any The same as for giving\ndeclaration which is by law false evidence.\nreceivable as evidence.\n\nNon-cognizable.\n\nBailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n237\n\nUsing as true any such\ndeclaration known to be\nfalse.\n\nNon-cognizable.\n\nBailable.\n\nCourt by which offence\nof giving false evidence\nis triable.\n\n238(a)\n\nCausing disappearance of\nImprisonment for 7 years\nevidence of an offence\nand fine.\ncommitted, or giving false\ninformation touching it to\nscreen the offender, if a\ncapital offence.\n\nAccording as the\noffence in relation to\nwhich disappearance\nof evidence is caused\nis cognizable or noncognizable.\n\nBailable.\n\nCourt of Session.\n\n238(b)\n\nIf punishable with\nImprisonment for 3 years\nimprisonment for life or\nand fine.\nimprisonment for 10 years.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n238(c)\n\nIf punishable with less than Imprisonment for one10 years' imprisonment.\nfourth of the longest term\nprovided for the offence,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nCourt by which the\noffence is triable.\n\n239\n\nIntentional omission to\nImprisonment for\ngive information of an\n6 months, or fine of\noffence by a person legally 5,000 rupees, or both.\nbound to inform.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n240\n\nGiving false information\nrespecting an offence\ncommitted.\n\nImprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n241\n\nSecreting or destroying any Imprisonment for 3 years,\ndocument to prevent its\nor fine of 5,000 rupees,\nproduction as evidence.\nor both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nThe same as for giving\nfalse evidence.\n\n\f176\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n242\n\nFalse personation for the\npurpose of any act or\nproceeding in a suit or\ncriminal prosecution, or\nfor becoming bail or\nsecurity.\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n243\n\nFraudulent removal or\nconcealment, etc., of\nproperty to prevent its\nseizure as a forfeiture or\nin satisfaction of a fine\nunder sentence, or in\nexecution of a decree.\n\nImprisonment for 3 years,\nor fine, of 5,000 rupees,\nor both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n244\n\nClaiming property without Imprisonment for 2 years,\nright, or practising deception or fine, or both.\ntouching any right to it, to\nprevent its being taken as a\nforfeiture, or in satisfaction\nof a fine under sentence, or\nin execution of a decree.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n245\n\nFraudulently suffering a\nImprisonment for 2 years,\ndecree to pass for a sum\nor fine, or both.\nnot due, or suffering decree\nto be executed after it has\nbeen satisfied.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n246\n\nFalse claim in a Court.\n\nImprisonment for 2 years\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n247\n\nFraudulently obtaining a\ndecree for a sum not due,\nor causing a decree to be\nexecuted after it has been\nsatisfied.\n\nImprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n248(a)\n\nFalse charge of offence\nImprisonment for 5 years,\nmade with intent to injure. or fine of 2 lakh rupees,\nor both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n248(b)\n\nCriminal proceeding\nImprisonment for 10 years\ninstituted on a false charge and fine.\nof an offence punishable\nwith death, imprisonment\nfor life, or imprisonment\nfor ten years or upwards.\n\nNon-cognizable.\n\nBailable.\n\nCourt of Session.\n\n249(a)\n\nHarbouring an offender, if\nthe offence is punishable\nwith death.\n\nImprisonment for 5 years\nand fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n249(b)\n\nIf punishable with\nimprisonment for life or\nwith imprisonment for\n10 years.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n249(c)\n\nIf punishable with\nimprisonment for 1 year\nand not for 10 years.\n\nImprisonment for onefourth of the longest term,\nand of the descriptions,\nprovided for the offence,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n250(a)\n\nTaking gift, etc., to screen Imprisonment for 7 years\nan offender from\nand fine.\npunishment if the offence\nis punishable with death.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n\f177\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n250(b)\n\nIf punishable with\nimprisonment for life or\nwith imprisonment for\n10 years.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n250(c)\n\nIf punishable with\nImprisonment for oneimprisonment for less than fourth of the longest term\n10 years.\nprovided for the offence,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n251(a)\n\nOffering gift or restoration Imprisonment for 7 years\nof property in consideration and fine.\nof screening offender if the\noffence is punishable with\ndeath.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n251(b)\n\nIf punishable with\nimprisonment for life or\nwith imprisonment for\n10 years.\n\nImprisonment for 3 years\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n251(c)\n\nIf punishable with\nimprisonment for less\nthan 10 years.\n\nImprisonment for onefourth of the longest term,\nprovided for the offence,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n252\n\nTaking gift to help to\nImprisonment for 2 years,\nrecover movable property or fine, or both.\nof which a person has been\ndeprived by an offence\nwithout causing apprehension\nof offender.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n253(a)\n\nHarbouring an offender who Imprisonment for 7 years\nhas escaped from custody, and fine.\nor whose apprehension has\nbeen ordered, if the offence\nis punishable with death.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n253(b)\n\nIf punishable with\nimprisonment for life or\nwith imprisonment for\n10 years.\n\nImprisonment for 3 years,\nwith or without fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n253(c)\n\nIf punishable with\nimprisonment for 1 year\nand not for 10 years.\n\nImprisonment for onefourth of the longest term\nprovided for the offence,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n254\n\nHarbouring robbers or\ndacoits.\n\nRigorous imprisonment\nfor 7 years and fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n255\n\nPublic servant disobeying a Imprisonment for 2 years,\ndirection of law with intent or fine, or both.\nto save person from\npunishment, or property\nfrom forfeiture.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n256\n\nPublic servant framing an Imprisonment for 3 years,\nincorrect record or writing or fine, or both.\nwith intent to save person\nfrom punishment, or\nproperty from forfeiture.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n257\n\nPublic servant in a judicial Imprisonment for 7 years,\nproceeding corruptly making or fine, or both.\nand pronouncing an order,\nreport, etc. contrary to law.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n\f178\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n258\n\nCommitment for trial or\nconfinement by a person\nhaving authority, who\nknows that he is acting\ncontrary to law.\n\nImprisonment for 7 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n259(a)\n\nIntentional omission to\napprehend on the part of\na public servant bound by\nlaw to apprehend an\noffender, if the offence\nis punishable with death.\n\nImprisonment for 7 years,\nwith or without fine.\n\nAccording as the\noffence in relation to\nwhich such omission\nhas been made is\ncognizable or noncognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n259(b)\n\nIf punishable with\nImprisonment for 3 years,\nimprisonment for life or\nwith or without fine.\nimprisonment for 10 years.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n259(c)\n\nIf punishable with\nimprisonment for less\nthan 10 years.\n\nImprisonment for 2 years,\nwith or without fine.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n260(a)\n\nIntentional omission to\nImprisonment for life, or\napprehend on the part of a imprisonment for 14 years,\npublic servant bound by\nwith or without fine.\nlaw to apprehend person\nunder sentence of a Court\nif under sentence of death.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n260(b)\n\nIf under sentence of\nImprisonment for 7 years,\nimprisonment for life or\nwith or without fine.\nimprisonment for 10 years,\nor upwards.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n260(c)\n\nIf under sentence of\nImprisonment for 3 years,\nimprisonment for less than or fine, or both.\n10 years or lawfully\ncommitted to custody.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n261\n\nEscape from confinement\nnegligently suffered by a\npublic servant.\n\nSimple imprisonment for\n2 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n262\n\nResistance or obstruction\nby a person to his lawful\napprehension.\n\nImprisonment for 2 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n263(a)\n\nResistance or obstruction\nImprisonment for 2 years,\nto the lawful apprehension or fine, or both.\nof any person, or rescuing\nhim from lawful custody.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n263(b)\n\nIf charged with an offence\npunishable with imprisonment for life or imprisonment for 10 years.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n263(c)\n\nIf charged with offence\npunishable with death.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n263(d)\n\nIf the person is sentenced\nto imprisonment for life,\nor imprisonment for\n10 years, or upwards.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n263(e)\n\nIf under sentence of death. Imprisonment for life, or\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n264\n\nOmission to apprehend, or\nsufferance of escape on part\nof public servant, in cases\nnot otherwise provided for:—\n\n\f179\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n(a) in case of intentional\nomission or sufferance;\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n(b) in case of negligent\nomission or sufferance.\n\nSimple imprisonment for\n2 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n265\n\nResistance or obstruction to Imprisonment for\nlawful apprehension, or\n6 months, or fine, or both.\nescape or rescue in cases\nnot otherwise provided for.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n266\n\nViolation of condition of\nremission of punishment.\n\nCognizable.\n\nNon-bailable.\n\nThe Court by which the\noriginal offence was\ntriable.\n\n267\n\nIntentional insult or\nSimple imprisonment for\ninterruption to a public\n6 months, or fine of\nservant sitting in any stage 5,000 rupees, or both.\nof a judicial proceeding.\n\nNon-cognizable.\n\nBailable.\n\nThe Court in which the\noffence is committed,\nsubject to the\nprovisions of Chapter\nXXVIII; or, if not\ncommitted, in a Court,\nany Magistrate.\n\n268\n\nPersonation of an assessor. Imprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n269\n\nFailure by person released\non bond or bail bond to\nappear in Court.\n\nImprisonment for 1 year,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n271\n\nNegligently doing any act Imprisonment for\nknown to be likely to spread 6 months, or fine, or both.\ninfection of any disease\ndangerous to life.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n272\n\nMalignantly doing any act Imprisonment for 2 years,\nknown to be likely to spread or fine, or both.\ninfection of any disease\ndangerous to life.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n273\n\nKnowingly disobeying any\nquarantine rule.\n\nImprisonment for\n6 months, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n274\n\nAdulterating food or drink\nintended for sale, so as to\nmake the same noxious.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n275\n\nSelling any food or drink as Imprisonment for\nfood and drink, knowing\n6 months, or fine of\nthe same to be noxious.\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n276\n\nAdulterating any drug or\nImprisonment for 1 year,\nmedical preparation intended or fine of 5,000 rupees,\nfor sale so as to lessen its\nor both.\nefficacy, or to change its\noperation, or to make it\nnoxious.\n\nNon-cognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n277\n\nSale of adulterated drugs.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n278\n\nKnowingly selling of drug\nas a different drug or\npreparation.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n279\n\nFouling water of public\nspring or reservoir.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n280\n\nMaking atmosphere\nnoxious to health.\n\nFine of 1,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\nPunishment of original\nsentence, or if part of the\npunishment has been\nundergone, the residue.\n\n\f180\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n281\n\nRash driving or riding on\na public way.\n\nImprisonment for\n6 months, or fine of\n1,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n282\n\nRash navigation of vessel.\n\nImprisonment for\n6 months, or fine of\n10,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n283\n\nExhibition of a false light,\nmark or buoy.\n\nImprisonment for 7 years,\nand fine which shall not\nbe less than 10,000 rupees.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n284\n\nConveying person by water Imprisonment for\nfor hire in unsafe or\n6 months, or fine of\noverloaded vessel.\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n285\n\nCausing danger or\nobstruction in public way\nor line of navigation.\n\nFine of 5,000 rupees.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n286\n\nNegligent conduct with\nrespect to poisonous\nsubstance.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n287\n\nNegligent conduct with\nrespect to fire or\ncombustible matter.\n\nImprisonment for\n6 months, or fine of\n2,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n288\n\nNegligent conduct with\nrespect to explosive\nsubstance.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n289\n\nNegligent conduct with\nrespect to machinery.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n290\n\nNegligent conduct with\nrespect to pulling down,\nrepairing or constructing\nbuildings, etc.\n\nImprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n291\n\nNegligent conduct with\nrespect to animal.\n\nImprisonment for 6\nmonths, or fine of 5,000\nrupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n292\n\nCommitting public nuisance Fine of 1,000 rupees.\nin cases not otherwise\nprovided for.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n293\n\nContinuance of nuisance\nafter injunction to\ndiscontinue.\n\nSimple imprisonment for\n6 months, or fine of\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n294(2)\n\nSale, etc., of obscene\nbooks, etc.\n\nOn first conviction, with\nimprisonment for 2 years,\nand with fine of\n5,000 rupees, and, in the\nevent of second or\nsubsequent conviction,\nwith imprisonment for\n5 years, and with fine\nof 10,000 rupees.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n295\n\nSale, etc., of obscene\nobjects to child.\n\nOn first conviction, with\nimprisonment for 3 years,\nand with fine of\n2,000 rupees, and in the\nevent of second or\nsubsequent conviction,\nwith imprisonment for\n7 years, and with fine of\n5,000 rupees.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n\f181\n1\n\n2\n\n3\n\n296\n\nObscene acts and songs.\n\nImprisonment for\n3 months, or fine of\n1,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n297(1)\n\nKeeping a lottery office.\n\nImprisonment for\n6 months, or fine, or\nboth.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n297(2)\n\nPublishing proposals\nrelating to lotteries.\n\nFine of 5,000 rupees.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n298\n\nDefiling, etc., place of\nworship, with intent to\ninsult the religion of any\nclass.\n\nImprisonment for\n2 years, or fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n299\n\nDeliberate and malicious\nImprisonment for\nacts, intended to outrage\n3 years, or fine, or both.\nreligious feelings of any\nclass by insulting its religion\nor religious beliefs.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n300\n\nDisturbing religious\nassembly.\n\nImprisonment for 1 year,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n301\n\nTrespassing on burial\nplaces, etc.\n\nImprisonment for 1 year,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n302\n\nUttering words, etc., with\ndeliberate intent to wound\nreligious feelings.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n303(2)\n\nTheft.\n\nRigorous imprisonment\nfor not be less than\n1 year but which may\nextend to 5 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\nWhere value of property\nis less than 5,000 rupees.\n\nUpon return of the value\nof property or restoration\nof the stolen property,\nshall be punished with\ncommunity service.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n304(2)\n\nSnatching.\n\nImprisonment for\n3 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n305\n\nTheft in a dwelling house, Imprisonment for\nor means of transportation 7 years and fine.\nor place of worship, etc.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n306\n\nTheft by clerk or servant\nof property in possession\nof master or employer.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n307\n\nTheft after preparation\nRigorous imprisonment\nmade for causing death,\nfor 10 years and fine.\nhurt or restraint in order\nto the committing of theft.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n308(2)\n\nExtortion.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n308(3)\n\nPutting or attempting to\nImprisonment for 2 years,\nput in fear of injury, in\nor fine, or both.\norder to commit extortion.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n308(4)\n\nPutting or attempting to\nImprisonment for\nput a person in fear of\n7 years and fine.\ndeath or grievous hurt in\norder to commit extortion.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nImprisonment for\n7 years and fine.\n\nImprisonment for 7\nyears, or fine, or both.\n\n4\n\n5\n\n6\n\n\f182\n1\n\n2\n\n308(5)\n\nExtortion by putting a\nperson in fear of death or\ngrievous hurt.\n\n3\n\n4\n\n5\n\n6\n\nImprisonment for\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n308(6)\n\nPutting a person in fear\nImprisonment for\nof accusation of an offence 10 years and fine.\npunishable with death,\nimprisonment for life, or\nimprisonment for 10 years\nin order to commit\nextortion.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n308(7)\n\nExtortion by threat of\nImprisonment for\naccusation of an offence\n10 years and fine.\npunishable with death,\nimprisonment for life, or\nimprisonment for 10 years.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n309(4)\n\nRobbery.\n\nRigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nIf robbery committed on\nhighway between sunset\nand sunrise.\n\nRigorous imprisonment\nfor 14 years.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n309(5)\n\nAttempt to commit\nrobbery.\n\nRigorous imprisonment\nfor 7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n309(6)\n\nCausing hurt.\n\nImprisonment for life, or\nrigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n310(2)\n\nDacoity.\n\nImprisonment for life, or\nrigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n310(3)\n\nMurder in dacoity.\n\nDeath, imprisonment for\nlife, or rigorous\nimprisonment for not less\nthan 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n310(4)\n\nMaking preparation to\ncommit dacoity.\n\nRigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n310(5)\n\nBeing one of five or more\npersons assembled for the\npurpose of committing\ndacoity.\n\nRigorous imprisonment\nfor 7 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n310(6)\n\nBelonging to a gang of\npersons associated for the\npurpose of habitually\ncommitting dacoity.\n\nImprisonment for life,\nor rigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n311\n\nRobbery or dacoity, with\nattempt to cause death or\ngrievous hurt.\n\nImprisonment for not\nless than 7 years.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n312\n\nAttempt to commit robbery Imprisonment for not\nor dacoity when armed\nless than 7 years.\nwith deadly weapon.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n313\n\nBelonging to a wandering\nRigorous imprisonment\ngang of persons associated for 7 years and fine.\nfor the purpose of habitually\ncommitting thefts.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n314\n\nDishonest misappropriation Imprisonment of not less\nof movable property, or\nthan 6 months but which\nconverting it to one's\nmay extend to 2 years\nown use.\nand fine.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n315\n\nDishonest misappropriation Imprisonment for\nof property possessed by\n3 years and fine.\ndeceased person at the time\nof his death.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n\f183\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\nIf by clerk or person\nemployed by deceased.\n\nImprisonment for 7 years.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n316(2)\n\nCriminal breach of trust.\n\nImprisonment for 5 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n316(3)\n\nCriminal breach of trust by Imprisonment for 7 years\na carrier, wharfinger, etc.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n316(4)\n\nCriminal breach of trust by Imprisonment for 7 years\na clerk or servant.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n316(5)\n\nCriminal breach of trust by Imprisonment for life, or\npublic servant or by banker, imprisonment for 10 years\nmerchant or agent, etc.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n317(2)\n\nDishonestly receiving\nstolen property knowing\nit to be stolen.\n\nImprisonment for 3 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n317(3)\n\nDishonestly receiving\nstolen property, knowing\nthat it was obtained by\ndacoity.\n\nImprisonment for life, or\nrigorous imprisonment\nfor 10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n317(4)\n\nHabitually dealing in stolen Imprisonment for life, or\nproperty.\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n317(5)\n\nAssisting in concealment or Imprisonment for 3 years,\ndisposal of stolen property, or fine, or both.\nknowing it to be stolen.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n318(2)\n\nCheating.\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n318(3)\n\nCheating a person whose\ninterest the offender was\nbound, either by law or by\nlegal contract, to protect.\n\nImprisonment for 5 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n318(4)\n\nCheating and dishonestly\ninducing delivery of\nproperty.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n319(2)\n\nCheating by personation.\n\nImprisonment for 5 years,\nor with fine, or with both.\n\nCognizable\n\nBailable.\n\nAny Magistrate.\n\n320\n\nFraudulent removal or\nImprisonment of not be\nconcealment of property, less than 6 months but\netc., to prevent distribution which may extend to\namong creditors.\n2 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n321\n\nDishonest or fraudulently\npreventing from being\nmade available for his\ncreditors a debt or demand\ndue to the offender.\n\nImprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n322\n\nDishonest or fraudulent\nImprisonment for 3 years,\nexecution of deed of\nor fine, or both.\ntransfer containing a false\nstatement of consideration.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n323\n\nFraudulent removal or\nImprisonment for 3 years,\nconcealment of property, or fine, or both.\nof himself or any other\nperson or assisting in the\ndoing thereof, or dishonestly\nreleasing any demand or\nclaim to which he is entitled.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n\f184\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n324(2)\n\nMischief.\n\nImprisonment for\n6 months, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n324(3)\n\nMischief causing loss or\ndamage to any property\nincluding property of\nGovernment or Local\nAuthority.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n324(4)\n\nMischief causing loss or\nImprisonment for 2 years,\ndamage to the amount of\nor fine, or both.\ntwenty thousand rupees but\nless than 2 lakh rupees.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n324(5)\n\nMischief causing loss or\nImprisonment for 5 years,\ndamage to the amount of\nor fine, or both.\none lakh rupees or upwards.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n324(6)\n\nMischief with preparation Imprisonment for 5 years,\nfor causing to any person and fine.\ndeath, or hurt, or wrongful\nrestraint, or fear of death,\nor of hurt, or of wrongful\nrestraint.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n325\n\nMischief by killing or\nmaiming animal.\n\nImprisonment for 5 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(a)\n\nMischief by causing\ndiminution of supply of\nwater for agricultural\npurposes, etc.\n\nImprisonment for 5 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(b)\n\nMischief by injury to public Imprisonment for 5 years,\nroad, bridge, navigable river, or fine, or both.\nor navigable channel, and\nrendering it impassable or\nless safe for travelling or\nconveying property.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(c)\n\nMischief by causing\nImprisonment for 5 years,\ninundation or obstruction or with fine, or with both.\nto public drainage attended\nwith damage.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(d)\n\nMischief by destroying or\nmoving or rendering less\nuseful a lighthouse or\nseamark, or by exhibiting\nfalse lights.\n\nImprisonment for 7 years,\nor fine, or both.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(e)\n\nMischief by destroying or\nmoving, etc., a landmark\nfixed by public authority.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n326(f)\n\nMischief by fire or explosive Imprisonment for 7 years\nsubstance with intent to\nand fine.\ncause damage.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n326(g)\n\nMischief by fire or explosive Imprisonment for life, or\nsubstance with intent to\nimprisonment for 10 years\ndestroy a house, etc.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n327(1)\n\nMischief with intent to\ndestroy or make unsafe a\ndecked vessel or a vessel\nof 20 tonnes burden.\n\nImprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n327(2)\n\nThe mischief described in\nthe last section when\ncommitted by fire or any\nexplosive substance.\n\nImprisonment for life, or\nimprisonment for 10 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n\f185\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n328\n\nRunning vessel with intent Imprisonment for 10 years\nto commit theft, etc.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n329(3)\n\nCriminal trespass.\n\nImprisonment for\n3 months, or fine of\n5,000 rupees, or both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n329(4)\n\nHouse-trespass.\n\nImprisonment for 1 year,\nor fine of 5,000 rupees,\nor both.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n331(1)\n\nLurking house-trespass or\nhouse-breaking.\n\nImprisonment for 2 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n331(2)\n\nLurking house-trespass or\nhouse-breaking by night.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n331(3)\n\nLurking house-trespass or\nhouse-breaking in order to\nthe commission of an\noffence punishable with\nimprisonment.\n\nImprisonment for 3 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\nIf the offence be theft.\n\nImprisonment for 10 years.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nLurking house-trespass or Imprisonment for 5 years\nhouse-breaking by night\nand fine.\nin order to the commission\nof an offence punishable\nwith imprisonment.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\nIf the offence be theft.\n\nImprisonment for\n14 years.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n331(5)\n\nLurking house-trespass or\nhouse-breaking after\npreparation made for\ncausing hurt, assault, etc.\n\nImprisonment for\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n331(6)\n\nLurking house-trespass or Imprisonment for\nhouse-breaking by night,\n14 years and fine.\nafter preparation made for\ncausing hurt, etc.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n331(7)\n\nGrievous hurt caused whilst Imprisonment for life, or\ncommitting lurking house- imprisonment for 10 years\ntrespass or house-breaking. and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n331(8)\n\nDeath or grievous hurt\nImprisonment for life, or\ncaused by one of several\nimprisonment for 10 years\npersons jointly concerned and fine.\nin house-breaking by night,\netc.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n332(a)\n\nHouse-trespass in order to\nthe commission of an\noffence punishable with\ndeath.\n\nImprisonment for life, or\nrigorous imprisonment for\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n332(b)\n\nHouse-trespass in order to\nthe commission of an\noffence punishable with\nimprisonment for life.\n\nImprisonment for\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\n332(c)\n\nHouse-trespass in order to\nthe commission of an\noffence punishable with\nimprisonment.\n\nImprisonment for 2 years\nand fine.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\nIf the offence is theft.\n\nImprisonment for 7 years.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n331(4)\n\n\f186\n1\n\n2\n\n3\n\n4\n\n5\n\n333\n\nHouse-trespass, having\nmade preparation for\ncausing hurt, assault, etc.\n\nImprisonment for 7 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n334(1)\n\nDishonestly breaking open Imprisonment for 2 years,\nor unfastening any closed or fine, or both.\nreceptacle containing or\nsupposed to contain\nproperty.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n334(2)\n\nBeing entrusted with any\nImprisonment for 3 years,\nclosed receptacle containing or fine, or both.\nor supposed to contain any\nproperty, and fraudulently\nopening the same.\n\nCognizable.\n\nBailable.\n\nAny Magistrate.\n\n336(2)\n\nForgery.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n336(3)\n\nForgery for the purpose of Imprisonment for 7 years\ncheating.\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n336(4)\n\nForgery for the purpose of Imprisonment for 3 years\nharming the reputation of and fine.\nany person or knowing that\nit is likely to be used for\nthat purpose.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n337\n\nForgery of a record of a\nCourt or of a Registrar of\nBirths, etc., kept by a\npublic servant.\n\nImprisonment for 7 years\nand fine\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n338\n\nForgery of a valuable\nsecurity, will, or authority\nto make or transfer any\nvaluable security, or to\nreceive any money, etc.\n\nImprisonment for life,\nor imprisonment for\n10 years and fine.\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nWhen the valuable security Imprisonment for life,\nis a promissory note of the or imprisonment for\nCentral Government.\n10 years and fine.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\nHaving possession of a\nImprisonment for\ndocument, knowing it to be 7 years and fine.\nforged, with intent to use it\nas genuine; if the document\nis one of the description\nmentioned in section 337.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nIf the document is one of\nthe description mentioned\nin section 338.\n\nImprisonment for life,\nor imprisonment for\n7 years and fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n340(2)\n\nUsing as genuine a forged\ndocument which is known\nto be forged.\n\nPunishment for forgery\nof such document.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n341(1)\n\nMaking or counterfeiting a Imprisonment for life,\nseal, plate, etc., with intent or imprisonment for\nto commit a forgery\n7 years and fine.\npunishable under section 338\nor possessing with like\nintent any such seal, plate,\netc., knowing the same to\nbe counterfeit.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n339\n\nImprisonment for 2 years,\nor fine, or both.\n\n6\n\n\f187\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n341(2)\n\nMaking or counterfeiting a Imprisonment for\nseal, plate, etc., with intent 7 years and fine.\nto commit a forgery\npunishable otherwise than\nunder section 338 or\npossessing with like intent\nany such seal, plate, etc.,\nknowing the same to be\ncounterfeit.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n341(3)\n\nPossesses any seal, plate or Imprisonment for\nother instrument knowing 3 years and fine.\nthe same to be counterfeit.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n341(4)\n\nFraudulently or dishonestly Same as if he had made\nuses as genuine any seal,\nor counterfeited such\nplate or other instrument seal, plate or other\nknowing or having reason instrument.\nto believe the same to be\ncounterfeit.\n\nCognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n342(1)\n\nCounterfeiting a device or Imprisonment for life, or\nmark used for authenticating imprisonment for\ndocuments described in\n7 years and fine.\nsection 338 or possessing\ncounterfeit marked material.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n342(2)\n\nCounterfeiting a device or Imprisonment for\nmark used for authenticating 7 years and fine.\ndocuments other than those\ndescribed in section 338 or\npossessing counterfeit\nmarked material.\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n343\n\nFraudulently destroying or\ndefacing, or attempting to\ndestroy or deface, or\nsecreting, a will, etc.\n\nImprisonment for life,\nor imprisonment for\n7 years and fine.\n\nNon-cognizable.\n\nNon-bailable.\n\nMagistrate of the first\nclass.\n\n344\n\nFalsification of accounts.\n\nImprisonment for\n7 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n345(3)\n\nUsing a false property\nmark with intent to\ndeceive or injure any\nperson.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n346\n\nRemoving, destroying or\nImprisonment for 1 year,\ndefacing property mark\nor fine, or both.\nwith intent to cause injury.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n347(1)\n\nCounterfeiting a property Imprisonment for 2 years,\nmark used by another, with or fine, or both.\nintent to cause damage or\ninjury.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n347(2)\n\nCounterfeiting a property\nmark used by a public\nservant, or any mark used\nby him to denote the\nmanufacture, quality, etc.,\nof any property.\n\nImprisonment for\n3 years and fine.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n348\n\nFraudulently making or\nhaving possession of any\ndie, plate or other\ninstrument for\ncounterfeiting any public\nor private property mark.\n\nImprisonment for\n3 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n\f188\n1\n\n2\n\n3\n\n4\n\n5\n\n6\n\n349\n\nKnowingly selling goods\nmarked with a counterfeit\nproperty mark.\n\nImprisonment for\n1 year, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n350(1)\n\nFraudulently making a\nfalse mark upon any\npackage or receptacle\ncontaining goods, with\nintent to cause it to be\nbelieved that it contains\ngoods, which it does not\ncontain, etc.\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n350(2)\n\nMaking use of any such\nfalse mark.\n\nImprisonment for 3 years,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n351(2)\n\nCriminal intimidation.\n\nImprisonment for 2 years,\nor fine, or both.\n\nNon-cognizable\n\nBailable\n\nAny Magistrate.\n\n351(3)\n\nIf threat be to cause death\nor grievous hurt, etc.\n\nImprisonment for 7 years,\nor fine, or both.\n\nNon-cognizable\n\nBailable\n\nMagistrate of the first\nclass.\n\n351(4)\n\nCriminal intimidation by\nImprisonment for 2 years,\nanonymous communication in addition to the\nor having taken precaution punishment under\nto conceal whence the\nsection 351(1).\nthreat comes.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n352\n\nInsult intended to provoke Imprisonment for 2 years,\nbreach of the peace.\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n353(1)\n\nFalse statement, rumour,\nImprisonment for 3 years,\netc., circulated with intent or fine, or both.\nto cause mutiny or offence\nagainst the public peace.\n\nNon-cognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n353(2)\n\nFalse statement, rumour,\netc., with intent to create\nenmity, hatred or ill-will\nbetween different classes.\n\nImprisonment for 3 years,\nor fine, or both.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n353(3)\n\nFalse statement, rumour,\netc., made in place of\nworship, etc., with intent\nto create enmity, hatred or\nill-will.\n\nImprisonment for 5 years\nand fine.\n\nCognizable.\n\nNon-bailable.\n\nAny Magistrate.\n\n354\n\nAct caused by inducing a\nperson to believe that he\nwill be rendered an object\nof Divine displeasure.\n\nImprisonment for 1 year,\nor fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n355\n\nAppearing in a public\nplace, etc., in a state of\nintoxication, and causing\nannoyance to any person.\n\nSimple imprisonment for\n24 hours, or fine of 1,000\nrupees, or both or with\ncommunity service.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n356(2)\n\nDefamation against the\nPresident or the VicePresident or the Governor\nof a State or Administrator\nof a Union territory or a\nMinister in respect of his\nconduct in the discharge of\nhis public functions when\ninstituted upon a\ncomplaint made by the\nPublic Prosecutor.\n\nSimple imprisonment for 2\nyears, or fine or both, or\ncommunity service.\n\nNon-cognizable.\n\nBailable.\n\nCourt of Session.\n\nDefamation in any other\ncase.\n\nSimple imprisonment for 2\nyears, or fine or both, or\ncommunity service.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\n\f189\n1\n356(3)\n\n356(4)\n\n357\n\n2\n\n3\n\n4\n\n5\n\n6\n\nPrinting or engraving\nSimple imprisonment for\nmatter knowing it to be\n2 years, or fine, or both.\ndefamatory against the\nPresident or the VicePresident or the Governor\nof a State or Administrator\nof a Union territory or a\nMinister in respect of his\nconduct in the discharge of\nhis public functions when\ninstituted upon a\ncomplaint made by the\nPublic Prosecutor.\n\nNon-cognizable.\n\nBailable.\n\nCourt of Session.\n\nPrinting or engraving\nmatter knowing it to be\ndefamatory, in any other\ncase.\n\nSimple imprisonment for\n2 years, or fine, or both.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nSale of printed or engraved Simple imprisonment for\nsubstance containing\n2 years, or fine, or both.\ndefamatory matter,\nknowing it to contain such\nmatter against the\nPresident or the VicePresident or the Governor\nof a State or Administrator\nof a Union territory or a\nMinister in respect of his\nconduct in the discharge of\nhis public functions when\ninstituted upon a\ncomplaint made by the\nPublic Prosecutor.\n\nNon-cognizable.\n\nBailable.\n\nCourt of Session.\n\nSale of printed or engraved Simple imprisonment for\nsubstance containing\n2 years, or fine, or both.\ndefamatory matter,\nknowing it to contain such\nmatter in any other case.\n\nNon-cognizable.\n\nBailable.\n\nMagistrate of the first\nclass.\n\nBeing bound to attend on\nor supply the wants of a\nperson who is helpless\nfrom youth, unsoundness\nof mind or disease, and\nvoluntarily omitting to do\nso.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\nImprisonment for 3\nmonths, or fine of 5,000\nrupees, or both.\n\nII.—CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS\nOffence\n\nCognizable or\nnon-cognizable.\n\nBailable or\nnon-bailable.\n\nBy what court\ntriable.\n\n1\n\n2\n\n3\n\n4\n\nIf punishable with death, imprisonment for life, or imprisonment\nfor more than 7 years.\n\nCognizable.\n\nNon-bailable.\n\nCourt of Session.\n\nIf punishable with imprisonment for 3 years and upwards but not more\nthan 7 years.\n\nCognizable.\n\nNon-bailable.\n\nMagistrate of\nthe first class.\n\nIf punishable with imprisonment for less than 3 years or with fine only.\n\nNon-cognizable.\n\nBailable.\n\nAny Magistrate.\n\n\fTHE SECOND SCHEDULE\n(See section 522)\nFORM No.1\nNOTICE FOR APPEARANCE BY THE POLICE\n[See section 35(3)]\nSerial No…….\n\nPolice Station………\n\nTo,\n.................................\n[Name of the Accused/Noticee]\n.................................\n[Last known Address]\n.................................\n[Phone No./Email ID (if any)]\nIn pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha\nSanhita, 2023, I hereby inform you that during the investigation of FIR/\nCase No ………………….. dated …………… u/s ………………………………… registered at\nPolice Station ……………………………………………..., it is revealed that there are reasonable\ngrounds to question you to ascertain facts and circumstances from you, in relation to the\npresent investigation. Hence you are directed to appear before me at ………..........…… AM/\nPM on……………………... at\nPolice Station.\nName and Designation of the Officer In charge\n(Seal)\n————\n\n\fFORM No. 2\nSUMMONS TO AN ACCUSED PERSON\n(See section 63)\nTo..............................................(name of accused) of ..............................................(address)\nWHEREAS your attendance is necessary to answer to a charge of..........................................\n..............................................(state shortly the offence charged), you are hereby required to\nappear in person (or by an advocate, before the (Magistrate) of..............................................,\non the..............................................day............................................... Herein fail not.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 3\nWARRANT OF ARREST\n(See section 72)\nTo .............................................. (name and designation of the person or persons who is or\nare to execute the warrant).\nWHEREAS (name of accused) of (address) stands charged with the offence of\n...................................................... (state the offence), you are hereby directed to arrest the said\n......................................................, and to produce him before me. Herein fail not.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n(See section 73)\n\nThis warrant may be endorsed as follows:—\nIf the said.............................................................. shall give bail himself in the sum of\nrupees.............................................. with one surety in the sum of rupees..............................................\n(or two sureties each in the sum of rupees.............................................. ) to attend before me on\nthe.............................................. day of.............................................. and to continue so to attend\nuntil otherwise directed by me, he may be released.\nDated, this.............................................. day of.............................................. , 20 ............... .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 4\nBOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT\n(See section 83)\nI, ............................................................(name), of..........................................................., being\nbrought before the District Magistrate of...........................................................(or as the case\nmay be) under a warrant issued to compel my appearance to answer to the charge\nof..........................................................., do hereby bind myself to attend in the Court\nof.................................................................on the..................................day of\n...........................................................next, to answer to the said charge, and to continue so to\nattend until otherwise directed by the Court; and, in case of my making default herein, I bind\nmyself to forfeit, to Government, the sum of rupees................................................. .\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Signature)\nI do hereby declare myself surety for the above-named..............................................\nof.......................................................... that he shall attend before in the Court of\non the.............................................. day of.............................................. next, to answer to the\ncharge on which he has been arrested, and shall continue so to attend until otherwise\ndirected by the Court; and, in case of his making default therein, I bind myself to forfeit, to\nGovernment, the sum of rupees............................................................. .\nDated, this.............................................. day of.............................................. , 20 ............. .\n(Signature)\n————\n\n\fFORM No. 5\nPROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED\n(See section 84)\nWHEREAS a complaint has been made before me that................................................... (name,\ndescription and address) has committed (or is suspected to have committed) the offence of\n.............................................. , punishable under section..............................................\nof the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon\nissued that the said.............................................. (name) cannot be found, and whereas it has\nbeen shown to my satisfaction that the said.............................................. (name) has absconded\n(or is concealing himself to avoid the service of the said warranty);\nProclamation is hereby made that the said..............................................\nof.............................................. is required to appear at.............................................. (place) before\nthis Court (or before me) to answer the said complaint on the.............................................. day\nof..............................................\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 6\nPROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS\n(See sections 84, 90 and 93)\nWHEREAS complaint has been made before me that..............................................(name,\ndescription and address) has committed (or is suspected to have committed) the offence of\n..............................................(mention the offence concisely) and a warrant has been\nissued to compel the attendance of..............................................(name, description and\naddress of the witness) before this Court to be examined touching the\nmatter of the said complaint; and whereas it has been returned to the said warrant that the\nsaid..............................................(name of witness) cannot be served, and it has been shown to\nmy satisfaction that he has absconded (or is concealing himself to avoid the service of the\nsaid warrant);\nProclamation is hereby made that the said..............................................(name) is required\nto appear at..............................................(place) before the Court..............................................on\nthe........................................day of.........................................next at..............................................o'clock\nto be examined touching..............................................the offence complained of.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n\n————\n\n\fFORM No. 7\nORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS\n(See section 85)\nTo the officer in charge of the police station at..............................................\nW HEREAS a warrant has been duly issued to compel the attendance\nof..............................................(name, description and address) to testify concerning a complaint\npending before this Court, and it has been returned to the said warrant that it cannot be\nserved; and whereas it has been shown to my satisfaction that he has absconded (or is\nconcealing himself to avoid the service of the said warrant); and thereupon a Proclamation\nhas been or is being duly issued and published requiring the said..............................................to\nappear and give evidence at the time and place mentioned therein;\nThis is to authorise and require you to attach by seizure the movable property belonging\nto the said..............................................to the value of rupees..............................................which\nyou may find within the District..............................................of..............................................and\nto hold the said property under attachment pending the further order of this Court, and to\nreturn this warrant with an endorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 8\nORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED\n(See section 85)\nTo..............................................(name and designation of the person or persons who is or are\nto execute the warrant).\nWHEREAS complaint has been made before me that..............................................(name,\ndescription and address) has committed (or is suspected to have committed) the\noffence of..............................................punishable under section..............................................of\nthe Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon\nissued that the said..............................................(name) cannot be found; and whereas it has\nbeen shown to my satisfaction that the said..............................................(name) has absconded\n(or is concealing himself to avoid the service of the said warrant) and thereupon a\nProclamation has been or is being duly issued and published requiring the\nsaid..............................................to appear to answer the said charge\nwithin..............................................days; and whereas the said..............................................is\npossessed of the following property, other than land paying revenue to Government, in the\nvillage (or town), of.............................................., in the District of ..............................................,\nviz.,.............................................., and an order has been made for the attachment thereof;\nYou are hereby required to attach the said property in the manner specified in\nclause (a), or clause (c), or both*, of sub-section (3) of section 85, and to hold the same under\nattachment pending further order of this Court, and to return this warrant with an endorsement\ncertifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n\n*Strike out the one which is not applicable, depending on the nature of the property to be attached.\n\n————\n\n\fFORM No. 9\nORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE\nOR COLLECTOR\n\n(See section 85)\nTo the District Magistrate/Collector of the District of..............................................\nWHEREAS complaint has been made before me that..............................................\n(name, description and address) has committed (or is suspected to have committed) the\noffence of .............................................., punishable under section..............................................of\nthe Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon\nissued that the said..............................................(name) cannot be found; and whereas it has\nbeen shown to my satisfaction that the said..............................................(name) has absconded\n(or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation\nhas been or is being duly issued and published requiring the said .......................................\n(name) to appear to answer the said charge within.........................................days; and whereas\nthe said..............................................is possessed of certain land paying revenue to Government\nin the village (or town) of.............................................., in the District of..............................................;\nYou are hereby authorised and requested to cause the said land to be attached, in the\nmanner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 85, and to\nbe held under attachment pending the further order of this Court, and to certify without delay\nwhat you may have done in pursuance of this order.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n\n*Strike out the one which is not desired.\n\n————\n\n\fFORM No. 10\nWARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS\n(See section 90)\nTo..............................................(name and designation of the police officer or other person or\npersons who is or are to execute the warrant).\nWHEREAS complaint has been made before me that..............................................(name\nand description of accused) of..............................................(address) has (or is suspected to\nhave) committed the offence of ..............................................(mention the offence concisely),\nand it appears likely that..............................................(name and description of witness) can\ngive evidence concerning the said complaint, and whereas I have good and sufficient reason\nto believe that he will not attend as a witness on the hearing of the said complaint unless\ncompelled to do so;\nThis is to authorise and require you to arrest the said..............................................(name\nof witness), and on the..............................................day of..............................................to bring\nhim before this Court.............................................., to be examined touching the offence\ncomplained of.\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 11\nWARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE\n(See section 96)\nTo..............................................(name and designation of the police officer or other person or\npersons who is or are to execute the warrant).\nWHEREAS information has been laid..............................................(or complaint has been\nmade) before me of the commission..............................................(or suspected commission) of\nthe offence of..............................................(mention the offence concisely), and it has been\nmade to appear to me that the production of ..............................................(specify the thing\nclearly) is essential to the inquiry now being made (or about to be made) into the said\noffence (or suspected offence);\nThis is to authorise and require you to search for the said..............................................(the\nthing specified) in the..............................................(describe the house or place or part thereof\nto which the search is to be confined), and, if found, to produce the same forthwith before\nthis Court, returning this warrant, with an endorsement certifying what you have done under\nit, immediately upon its execution.\n\nDated, this.............................................. day of.............................................. , 20 ............... .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 12\nWARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT\n(See section 97)\nTo..............................................\n(name and designation of the police officer above the rank of a constable).\nWHEREAS information has been laid before me, and on due inquiry thereupon had, I\nhave been led to believe that the..............................................(describe the house or other\nplace) is used as a place for the deposit (or sale) of stolen property (or if for either of the\nother purposes expressed in the section, state the purpose in the words of the section);\nThis is to authorise and require you to enter the said house (or other place) with such\nassistance as shall be required, and to use, if necessary, reasonable force for that purpose,\nand to search every part of the said house (or other place, or if the search is to be confined\nto a part, specify the part clearly), and to seize and take possession of any property (or\ndocuments, or stamps, or seals, or coins, or obscene objects, as the case may be) (add,\nwhen the case requires it) and also of any instruments and materials which you may reasonably\nbelieve to be kept for the manufacture of forged documents, or counterfeit stamps, or false\nseals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith\nto bring before this Court such of the said things as may be taken possession of, returning\nthis warrant, with an endorsement certifying what you have done under it, immediately upon\nits execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 13\nBOND TO KEEP THE PEACE\n(See sections 125 and 126)\nWHEREAS I,.................................................................(name), inhabitant of\n..............................................(place), have been called upon to enter into a bond to keep the\npeace for the term of..............................................or until the completion of the inquiry in the\nmatter of..............................................now pending in the Court of.............................................., I\nhereby bind myself not to commit a breach of the peace, or do any act that may probably\noccasion a breach of the peace, during the said term or until the completion of the said\ninquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government,\nthe sum of rupees.............................................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Signature)\n————\n\n\fFORM No. 14\nBOND FOR GOOD BEHAVIOUR\n(See sections 127, 128 and 129)\nWHEREAS I,......................................................................(name), inhabitant\nof..............................................(place), have been called upon to enter into a bond to be of\ngood behaviour to Government and all the citizens of India for the term of\n..............................................(state the period) or until the completion of the inquiry in the\nmatter of .............................................. now pending in the Court of ..............................................,\nI hereby bind myself to be of good behaviour to Government and all the citizens of India\nduring the said term or until the completion of the said inquiry; and, in case of my making\ndefault therein, I hereby bind myself to forfeit to Government the sum of rupees...................\nDated, this.............................................. day of.............................................. , 20 ............... .\n\n(Seal of the Court)\n\n(Signature)\n(Where a bond with sureties is to be executed, add)\n\nWe do hereby declare ourselves sureties for the above-named........................................that\nhe will be of good behaviour to Government and all the citizens of India during the said term\nor until the completion of the said inquiry; and, in case of his making default therein, we bind\nourselves, jointly and severally, to forfeit to Government the sum of rupees................................\n.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n(Signature)\n\n————\n\n\fFORM No. 15\nSUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE\n(See section 132)\nTo..............................................of..............................................\nWHEREAS it has been made to appear to me by credible information that................................\n(state the substance of the information), and that you are likely to commit a breach of the\npeace (or by which act a breach of the peace will probably be occasioned), you are hereby\nrequired to attend in person (or by a duly authorised agent) at the office of the Magistrate\nof..............................................on the ..............................................day of\n..............................................20..........., at ten o'clock in the forenoon, to show cause why you\nshould not be required to enter into a bond for rupees..............................................[when sureties\nare required, add, and also to give security by the bond of one (or two, as the case may be)\nsurety (or sureties) in the sum of rupees..............................................(each if more than one)],\nthat you will keep the peace for the term of..............................................\nDated, this.............................................. day of.............................................. , 20 ........... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 16\nWARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE\n(See section 141)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS..............................................(name and address) appeared before me in person\n(or by his authorised agent) on the..............................................day of..............................................\nin obedience to a summons calling upon him to show cause why he should not enter into a\nbond for rupees..............................................with one surety (or a bond with two sureties each\nin rupees..............................................), that he, the said..............................................(name) would\nkeep the peace for the period of months; and whereas an order was then made requiring the\nsaid..............................................(name) to enter into and find such security.........................................\n(state the security ordered when it differs from that mentioned in the summons), and he has\nfailed to comply with the said order;\nThis is to authorise and require you to receive the said..............................................(name)\ninto your custody, together with this warrant, and him safely to keep in the said Jail\nfor the said period of..............................................(term of imprisonment) unless he shall in\nthe meantime be lawfully ordered to be released, and to return this warrant with an endorsement\ncertifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ........... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 17\nWARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR\n(See section 141)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS it has been made to appear to me that ..............................................\n(name and description) has been concealing his presence within the district of\n.............................................. and that there is reason to believe that he is doing so with a view\nto committing a cognizable offence;\nor\nWHEREAS evidence of the general character of..............................................(name\nand description) has been adduced before me and recorded, from which it appears that he is\nan habitual robber (or house-breaker, etc., as the case may be);\nAND WHEREAS an order has been recorded stating the same and requiring the said\n(name) to furnish security for his good behaviour for the term of (state the period) by\nentering into a bond with one surety (or two or more sureties, as the case may be), himself for\nrupees.............................................. and the said surety (or each of the said sureties)\nrupees ..............................................and the said..............................................(name) has failed to\ncomply with the said order and for such default has been adjudged imprisonment for (state\nthe term) unless the said security be sooner furnished;\nThis is to authorise and require you receive the said..............................................( name)\ninto your custody, together with this warrant and him safely to keep in the Jail, or if he is\nalready in prison, be detained therein, for the said period of (term of imprisonment) unless he\nshall in the meantime be lawfully ordered to be released, and to return this warrant with an\nendorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ........... .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 18\nWARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY\n(See sections 141 and 142)\nTo the Officer in charge of the Jail at..............................................(or other officer in whose\ncustody the person is).\nWHEREAS..............................................(name and description of prisoner) was committed\nto your custody under warrant of the Court, dated the..............................................\nday of ..............................................20..............................................; and has since duly given\nsecurity under section .............................................. of the Bharatiya Nagarik Suraksha\nSanhita, 2023.\nor\nWHEREAS..............................................(name and description of prisoner) was committed\nto your custody under warrant of the Court, dated the.........................................................\nday of ..............................................2 0.................; and there have appeared to me sufficient\ngrounds for the opinion that he can be released without hazard to the community;\nThis is to authorise and require you forthwith to discharge the said\n.............................................. (name) from your custody unless he is liable to be detained for\nsome other cause.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 19\nWARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE\n(See section 144)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS ..............................................(name, description and address) has\nbeen proved before me to be possessed of sufficient means to maintain his wife\n..............................................(name) [or his child..............................................(name) or his father\nor mother..............................................(name), who is by reason of (state the reason) unable to\nmaintain herself (or himself)] and to have neglected (or refused) to do so, and an order has\nbeen duly made requiring the said......................................................( name) to allow to his said\n..............................................wife (or child or father or mother) for maintenance the monthly\nsum of rupees..............................................; and whereas it has been further proved that the\nsaid..............................................(name) in wilful disregard of the said order has failed to pay\nrupees.............................................., being the amount of the allowance for the month (or months)\nof..............................................;\nAnd thereupon an order was made adjudging him to undergo imprisonment in the said\nJail for the period of..............................................;\nThis is to authorise and require you receive the said..............................................(name)\ninto your custody in the said Jail, together with this warrant, and there carry the said order\ninto execution according to law, returning this warrant with an endorsement certifying the\nmanner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 20\nWARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE\n(See section 144)\nTo.............................................................................................................................................. ..........\n(name and designation of the police officer or other person to execute the warrant).\nWHEREAS an order has been duly made requiring..............................................(name) to\nallow to his said wife (or child or father or mother) for maintenance the monthly sum of\nrupees.............................................., and whereas the said..............................................(name) in\nwilful disregard of the said order has failed to pay rupees.............................................., being\nthe amount of the allowance for the month (or months) of..............................................\nThis is to authorise and require you to attach any movable property belonging\nto the said..............................................(name) which may be found within the district\nof.............................................., and if within..............................................(state the number of days\nor hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to\nsell the movable property attached, or so much thereof as shall be sufficient to satisfy the\nsaid sum, returning this warrant, with an endorsement certifying what you have done under\nit, immediately upon its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 21\nORDER FOR THE REMOVAL OF NUISANCES\n(See section 152)\nTo..............................................(name, description and address).\nWHEREAS it has been made to appear to me that you have caused an\nobstruction (or nuisance) to persons using the public roadway (or other public place) which,\netc., (describe the road or public place) ........................................................... by, etc.,\n..............................................(state what it is that causes the obstruction or nuisance), and\nthat such obstruction (or nuisance) still exists;\nor\nWHEREAS it has been made to appear to me that you are carrying on, as owner, or\nmanager, the trade or occupation of ..............................................(state the particular trade or\noccupation and the place where it is carried on), and that the same is injurious to the public\nhealth (or comfort) by reason..............................................(state briefly in what manner the\ninjurious effects are caused), and should be suppressed or removed to different place;\nor\nWHEREAS it has been made to appear to me that you are the owner (or are in possession\nof or have the control over) a certain tank (or well or excavation) adjacent to the public way\n..............................................(describe the thoroughfare), and that the safety of the public is\nendangered by reason of the said tank (or well or excavation) being without a fence\n(or insecurely fenced);\nor\nWHEREAS , etc., etc., (as the case may be);\nI do hereby direct and require you within..............................................(state the time\nallowed) (state what is required to be done to abate the nuisance) .............................................\nor to appear at..............................................in the ............................................. Court\nof..............................................on the ..............................................day\nof..............................................next, and to show cause why this order should not be enforced;\nor\nI do hereby direct and require you within..............................................(state the time\nallowed) to cease carrying on the said trade or occupation at the said place, and not again to\ncarry on the same, or to remove the said trade from the place where it is now carried on, or to\nappear, etc.;\nor\nI do hereby direct and require you within..............................................(state the time\nallowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to\nappear, etc.;\nor\nI do hereby direct and require you, etc., etc. (as the case may be).\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 22\nMAGISTRATE'S NOTICE AND PEREMPTORY ORDER\n(See section 160)\nTo..............................................(name, description and address).\nI HEREBY give you notice that it has been found that the order issued on the\n..............................................day of..............................................requiring you\n..............................................(state substantially the requisition in the order) is reasonable\nand proper. Such order has been made absolute, and I hereby direct and require you to obey\nthe said order within (state the time allowed), on peril of the penalty provided by the\nBharatiya Nyaya Sanhita, 2023 for disobedience thereto.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 23\nINJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY\n(See section 161)\nTo..............................................(name, description and address).\nW HEREAS the inquiry into the conditional order issued by me on\nthe..............................................day of .............................................., 20..............................................,\nis pending, and it has been made to appear to me that the nuisance mentioned in the said\norder is attended with such imminent danger or injury of a serious kind to the public as to\nrender necessary immediate measures to prevent such danger or injury, I do hereby, under\nthe provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and\nenjoin you forthwith to .............................................. (state plainly what is required to be done\nas a temporary safeguard), pending the result of the inquiry.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 24\nMAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE\n(See section 162)\nTo..............................................(name, description and address).\nWHEREAS it has been made to appear to me that, etc. ..............................................(state\nthe proper recital, guided by Form No. 21 or Form No. 25, as the case may be);\nI do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 25\nMAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.\n(See section 163)\nTo..............................................(name, description and address).\nWHEREAS it has been made to appear to me that you are in possession (or have the\nmanagement) of ..............................................(describe clearly the property), and that, in digging\na drain on the said land, you are about to throw or place a portion of the earth and stones\ndug-up upon the adjoining public road, so as to occasion risk of obstruction to persons\nusing the road;\nor\nWHEREAS it has been made to appear to me that you and a number of other persons\n(mention the class of persons) are about to meet and proceed in a procession along the\npublic street, etc., (as the case may be) and that such procession is likely to lead to a riot or\nan affray;\nor\nWHEREAS, etc., etc., (as the case may be);\nI do hereby order you not to place or permit to be placed any of the earth or stones\ndug from land on any part of the said road;\nor\nI do hereby prohibit the procession passing along the said street, and strictly\nwarn and enjoin you not to take any part in such procession (or as the case recited may\nrequire).\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 26\nMAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN\nDISPUTE\n\n(See section 164)\nIt appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach\nof the peace, existed between..............................................(describe the parties by name and\nresidence or residence only if the dispute be between bodies of villagers) concerning\ncertain..............................................(state concisely the subject of dispute), situate within my\nlocal jurisdiction, all the said parties were called upon to give in a written statement of their\nrespective claims as to the fact of actual possession of the said..............................................(the\nsubject of dispute), and being satisfied by due inquiry had thereupon, without reference to\nthe merits of the claim of either of the said parties to the legal right of possession, that the\nclaim of actual possession by the said..............................................(name or names or\ndescription) is true; I do decide and declare that he is (or they are) in possession of the\nsaid..............................................(the subject of dispute) and entitled to retain such possession\nuntil ousted by due course of law, and do strictly forbid any disturbance of his (or their)\npossession in the meantime.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 27\nWARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF\nLAND, ETC.\n(See section 165)\nTo the officer in charge of the police station at..............................................\n(or, To the Collector of..............................................).\nWHEREAS it has been made to appear to me that a dispute likely to induce a breach of\nthe peace, existed between..............................................(describe the parties concerned by\nname and residence, or residence only if the dispute be between bodies of villagers)\nconcerning certain..............................................(state concisely the subject of dispute)\nsituate within the limits of my jurisdiction, and the said parties were thereupon duly called\nupon to state in writing their respective claims as to the fact of actual possession of the said\n..............................................(the subject of dispute), and whereas, upon due inquiry into the\nsaid claims, I have decided that neither of the said parties was in possession of the\nsaid..............................................(the subject of dispute) (or I am unable to satisfy myself as to\nwhich of the said parties was in possession as aforesaid);\nThis is to authorise and require you to attach the said..............................................(the\nsubject of dispute) by taking and keeping possession thereof, and to hold the same under\nattachment until the decree or order of a competent Court determining the rights of the\nparties, or the claim to possession, shall have been obtained, and to return this warrant with\nan endorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 28\nMAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER\n(See section 166)\nA dispute having arisen concerning the right of use of..............................................(state\nconcisely the subject of dispute) situate within my local jurisdiction, the possession of which\nland (or water) is claimed exclusively by..............................................(describe the person or\npersons), and it appears to me, on due inquiry into the same, that the said land (or water) has\nbeen open to the enjoyment of such use by the public (or if by an individual or a class of\npersons, describe him or them) and (if the use can be enjoyed throughout the year) that the\nsaid use has been enjoyed within three months of the institution of the said inquiry (or if the\nuse is enjoyable only at a particular season, say, \"during the last of the seasons at which the\nsame is capable of being enjoyed\");\nI do order that the said..............................................(the claimant or claimants of\npossession) or any one in their interest, shall not take (or retain) possession of the said land\n(or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they)\nshall obtain the decree or order of a competent Court adjudging him (or them) to be entitled\nto exclusive possession.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 29\nBOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER\n(See section 189)\nI,..............................................(name), of.............................................., being charged with\nthe offence of.............................................., and after inquiry required to appear before the\nMagistrate of..............................................\nor\nand after inquiry called upon to enter into my own recognizance to appear when\nrequired, do hereby bind myself to appear at.............................................., in the Court\nof........................................., on the..............................................day of..............................................next\n(or on such day as I may hereafter be required to attend) to answer further to the said charge,\nand in case of my making default herein. I bind myself to forfeit to Government, the sum of\nrupees..............................................;\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n\nI hereby declare myself (or we jointly and severally declare ourselves and each of us)\nsurety (or sureties) for the above said .............................................. (name) that he shall attend\nat..............................................in the Court of.............................................., on\nthe..............................................day of..............................................next (or on such day as he\nmay hereafter be required to attend), further to answer to the charge pending against him,\nand, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves)\nto forfeit to Government the sum of rupees.....................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n————\n\n(Signature)\n\n\fFORM No. 30\nBOND TO PROSECUTE OR GIVE EVIDENCE\n(See section 190)\nI,..............................................(name) of ............................................. (place), do hereby bind\nmyself to attend at.................................................in the Court of....................................................\nat..............................................o'clock on the..............................................day\nof..............................................next and then and there to prosecute (or to prosecute and give\nevidence) (or to give evidence) in the matter of a charge of..............................................against\none A. B., and, in case of making default herein, I bind myself to forfeit to Government the\nsum of rupees..................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Signature)\n————\n\n\fFORM No. 31\nSPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE\n(See section 229)\nTo, .......................................................................................................\n(Name of the accused)\nof..............................................(address)\nWHEREAS your attendance is necessary to answer a charge of a petty offence\n..............................................(state shortly the offence charged), you are hereby required to\nappear in person (or by an advocate) before..............................................(Magistrate)\nof..............................................on the..............................................day of..............................................\n20.............................................., or if you desire to plead guilty to the charge without appearing\nbefore the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and\nthe sum of ............................ rupees as fine, or if you desire to appear by an advocate and to\nplead guilty through such an advocate, to authorise such advocate in writing to make such\na plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n\n(Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.)\n————\n\n\fFORM No. 32\nNOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR\n(See section 232)\nThe Magistrate of..............................................hereby gives notice that he has committed\none..............................................for trial at the next Sessions; and the Magistrate hereby instructs\nthe Public Prosecutor to conduct the prosecution of the said case.\nThe charge against the accused is that,.............................................. etc. (state the offence\nas in the charge)\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 33\nCHARGES\n(See sections 234, 235 and 236)\nI. CHARGES WITH ONE-HEAD\n(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge\nyou..............................................(name of accused person) as follows:—\n(b) On section 147.—That you, on or about the..............................................day\nof.............................................., at.............................................., waged war against the Government\nof India and thereby committed an offence punishable under section 147 of the Bharatiya\nNyaya Sanhita, 2023 and within the cognizance of this Court.\n(c) And I hereby direct that you be tried by this Court on the said charge.\n(Signature and seal of the Magistrate)\n[To be substituted for (b)]:—\n(2)On section 151.—That you, on or about the..............................................day\nof.............................................., at.............................................., with the intention of inducing the\nPresident of India [or, as the case may be, the Governor of ..............................................(name\nof State)] to refrain from exercising a lawful power as such President (or, as the case may be,\nthe Government) assaulted President (or, as the case may be, the Governor), and thereby\ncommitted an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023,\nand within the cognizance of this Court.\n(3)On section 198.—That you, on or about the..............................................day\nof.............................................., at.............................................., did (or omitted to do, as the case\nmay be) ............................................. , such conduct being contrary to the provisions\nof..............................................Act .............................................., section..............................................,\nand known by you to be prejudicial to.............................................., and thereby committed an\noffence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the\ncognizance of this Court.\n(4)On section 229.—That you, on or about the..............................................day\nof.............................................., at.............................................., in the course of the trial of\n..............................................before.............................................., stated in evidence that\n“..............................................” which statement you either knew or believed to be false, or did\nnot believe to be true, and thereby committed an offence punishable under section 229 of the\nBharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.\n(5)On section 105.—That you, on or about the..............................................day\nof.............................................., at.............................................., committed culpable homicide not\namounting to murder, causing the death of.............................................., and thereby committed\nan offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within\nthe cognizance of this Court.\n(6)On section 108.—That you, on or about the..............................................day\nof......................................................, at.......................................................,\nabetted the commission of suicide by A.B., a person in a state of intoxication, and thereby\ncommitted an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023,\nand within the cognizance of this Court.\n(7)On section 117(2).—That you, on or about the..............................................day\nof.............................................., at.............................................., voluntarily caused grievous hurt\nto..................................., and thereby committed an offence punishable under section 117(2)\nof the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.\n\n\f223\n(8)On section 309(2).—That you, on or about the..............................................day\nof.............................................., at.............................................., robbed..............................................\n(state the name), and thereby committed an offence punishable under section 309(2) of the\nBharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.\n(9)On section 310(2).—That you, on or about the..............................................day\nof.............................................., at.............................................., committed dacoity, an offence\npunishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the\ncognizance of this Court.\nII. CHARGES WITH TWO OR MORE HEADS\n(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge\nyou..............................................(name of accused person) as follows:—\n(b) On section 179.—First—That you, on or about the..............................................day\nof.............................................., at.............................................., knowing a coin to be counterfeit,\ndelivered the same to another person, by name, A. B., as genuine, and thereby committed an\noffence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the\ncognizance of the Court of Session.\nSecondly—That you, on or about the...............................................................day\nof.............................................., at.............................................., knowing a coin to be counterfeit\nattempted to induce another person, by name, A.B., to receive it as genuine, and thereby\ncommitted an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023\nand within the cognizance of the Court of Session.\n(c) And I hereby direct that you be tried by the said Court on the said charge.\n\n(Signature and seal of the Magistrate)\n[To be substituted for (b)]:—\n(2)On sections 103 and 105.—First—That you, on or about the.....................................\nday of.............................................., at.............................................., committed murder by causing\nthe death of.............................................., and thereby committed an offence punishable under\nsection 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of\nSession.\nSecondly—That you, on or about the......................................day of........................................,\nat.............................................., by causing the death of.............................................., committed\nculpable homicide not amounting to murder, and thereby committed an offence punishable\nunder section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the\nCourt of Session.\n(3)On sections 303(2) and 307.—First—That you, on or about the.....................................\nday of................................, at......, committed theft, and thereby committed an offence punishable\nunder section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the\nCourt of Session.\nSecondly—That you, on or about the...............................................................day\nof.............................................., at.............................................., committed theft, having made\npreparation for causing death to a person in order to the committing of such theft, and\nthereby committed an offence punishable under section 307 of the Bharatiya Nyaya\nSanhita, 2023 and within the cognizance of the Court of Session.\nThirdly—That you, on or about the........................................................................day\nof.............................................., at.............................................., committed theft, having made\npreparation for causing restraint to a person in order to the effecting of your escape after the\n\n\f224\ncommitting of such theft, and thereby committed an offence punishable under section 307 of\nthe Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.\nFourthly—That you, on or about the.................................................................day\nof.............................................., at.............................................., committed theft, having made\npreparation for causing fear of hurt to a person in order to the restraining of property taken\nby such theft and thereby committed an offence punishable under section 307 of the Bharatiya\nNyaya Sanhita, 2023 and within the cognizance of the Court of Session.\n(4)Alternative charge on section 229.—That you, on or about the......................................\nday of......................................., at......................................., in the course of the inquiry\ninto.............................................., before.............................................., stated in evidence that\n‘‘..............................................’’, and that you, on or about the..............................................day of\n.............................................., at.............................................., in the course of the trial of,\n....................................... before, stated in the evidence that ‘‘..............................................’’, one\nof which statements you either knew or believed to be false, did not believe to be\ntrue, and thereby committed an offence punishable under section 229 of the Bharatiya\nNyaya Sanhita, 2023 and within the cognizance of the Court of Session.\n(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance\nof the Court of Session’’.)\nIII. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION\nI,..................................................(name and office of Magistrate, etc.) hereby charge you\n..............................................(name of accused person) as follows:—\nThat you, on or about the..............................................day of..............................................,\nat.............................................., committed theft, and thereby committed an offence punishable\nunder section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the\nCourt of Session (or Magistrate, as the case may be).\nAnd you, the said ................................................................(name of accused), stand further\ncharged that you, before the committing of the said offence, that is to say, on\nthe...................................................... day of.............................................., had been convicted by\nthe..................................................(state Court by which conviction was had)\nat..............................................of an offence punishable under Chapter XVII of the Bharatiya\nNyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of\nhouse-breaking by night..............................................(describe the offence in the words used\nin the section under which the accused was convicted), which conviction is still in full force\nand effect, and that you are thereby liable to enhanced punishment under section 13 of the\nBharatiya Nyaya Sanhita, 2023.\nAnd I hereby direct that you be tried, etc.\n————\n\n\fFORM No. 34\nSUMMONS TO WITNESS\n(See sections 63 and 267)\nTo..............................................of..............................................\nWHEREAS complaint has been made before me that..............................................(name of\nthe accused) of ..............................................(address) has (or is suspected to have)\ncommitted the offence of..............................................(state the offence concisely with time\nand place), and it appears to me that you are likely to give material evidence or to produce\nany document or other thing for the prosecution.\nYou are hereby summoned to appear before this Court on the..............................................\nday of..............................................next at ten o'clock in the forenoon, to produce such document\nor thing or to testify what you know concerning the matter of the said complaint, and not to\ndepart thence without leave of the Court; and you are hereby warned that, if you shall\nwithout just excuse neglect or refuse to appear on the said date, a warrant will be issued to\ncompel your attendance.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 35\nWARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR\nFINE IF PASSED BY A COURT\n\n(See sections 258, 271 and 278)\nTo the Officer in charge of Jail at..............................................\nWHEREAS on the..............................................day of ..............................................,\n..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be)\nprisoner in case No. ..............................................of the Calendar for 20 ........... ,\nwas convicted before me..............................................(name and official designation) of the\noffence of..............................................(mention the offence or offences concisely) under section\n(or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or\nof..............................................Act ...........), and was sentenced to..............................................(state\nthe punishment fully and distinctly).\nThis is to authorise and require you to receive the said..............................................\n(prisoner's name) into your custody in the said Jail, together with this warrant, and thereby\ncarry the aforesaid sentence into execution according to law.\n\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 36\nWARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION\n(See section 273)\nTo the Officer in charge of Jail at..............................................\nWHEREAS ..............................................(name and description) has brought\nagainst..............................................(name and description of the accused person) the complaint\nthat..............................................(mention it concisely) and the same has been dismissed on\nthe ground that there was no reasonable ground for making the accusation against the\nsaid..............................................( name) and the order of dismissal awards payment by the\nsaid..............................................(name of complainant) of the sum of\nrupees..............................................as compensation; and whereas the said sum has not been\npaid and an order has been made for his simple imprisonment in Jail for the period\nof..............................................days, unless the aforesaid sum be sooner paid;\nThis is to authorise and require you to receive the said..............................................(name)\ninto your custody, together with this warrant, and him safely to keep in the said Jail for the\nsaid period of .......................................................................(term of imprisonment), subject to\nthe provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum\nbe sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this\nwarrant with an endorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 37\nORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO\nCHARGE OF OFFENCE\n\n(See section 302)\nTo the Officer in charge of Jail at..............................................\nWHEREAS the attendance of..............................................(name of prisoner) at present\nconfined/detained in the above-mentioned prison, is required in this Court to answer to a\ncharge of..............................................(state shortly the offence charged) or for the purpose of\na proceeding..............................................(state shortly the particulars of the proceeding).\nYou are hereby required to produce the said..............................................under safe and\nsure conduct before this Court at..............................................on the..............................................day\nof.............................................., 20......... , by..............................................A. M. there to answer to\nthe said charge, or for the purpose of the said proceeding, and after this Court has dispensed\nwith his further attendance, cause him to be conveyed under safe and sure conduct back to\nthe said prison.\nAnd you are further required to inform the said..............................................of the contents\nof this order and deliver to him the attached copy thereof.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\nCountersigned.\n\n(Seal)\n\n(Signature)\n————\n\n\fFORM No. 38\nORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE\n(See section 302)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS complaint has been made before this Court that..............................................\n(name of the accused) of has committed the offence of..............................................(state offence\nconcisely with time and place) and it appears that..............................................(name of prisoner)\nat present confined/detained in the above-mentioned prison, is likely to give material evidence\nfor the prosecution/defence.\nYou are hereby required to produce the said..............................................under safe and\nsure conduct before this Court at..............................................on the..............................................day\nof.............................................., 20............, by A. M. there to give evidence in the matter now\npending before this Court, and after this Court has dispensed with his further attendance,\ncause him to be conveyed under safe and sure conduct back to the said prison.\nAnd you are further required to inform the said..............................................of the contents\nof this order and deliver to him the attached copy thereof.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\nCountersigned.\n\n(Seal)\n\n(Signature)\n————\n\n\fFORM No. 39\nWARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED\n(See section 384)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS at a Court held before me on this day..............................................(name and\ndescription of the offender) in the presence (or view) of the Court committed wilful contempt.\nAnd whereas for such contempt the said..............................................(name of the offender)\nhas been adjudged by the Court to pay a fine of rupees.............................................., or in\ndefault to suffer simple imprisonment for the period of..............................................(state the\nnumber of months or days).\nThis is to authorise and require you to receive the said..............................................(name\nof the offender) into your custody, together with this warrant, and him safely to keep in the\nsaid Jail for the said period of..............................................(term of imprisonment), unless the\nsaid fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning\nthis warrant with an endorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 40\nMAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR\nTO PRODUCE DOCUMENT\n\n(See section 388)\nTo..............................................\n(name and designation of officer of Court)\nWHEREAS..............................................(name and description), being summoned (or\nbrought before this Court) as a witness and this day required to give evidence on an inquiry\ninto an alleged offence, refused to answer a certain question (or certain questions) put to him\ntouching the said alleged offence, and duly recorded, or having been called upon to produce\nany document has refused to produce such document, without alleging any just excuse for\nsuch refusal, and for his refusal has been ordered to be detained in custody\nfor..............................................(term of detention adjudged);\nThis is to authorise and require you to take the said..............................................(name)\ninto custody, and him safely to keep in your custody for the period\nof..............................................days, unless in the meantime he shall consent to be examined\nand to answer the questions asked of him, or to produce the document called for from him,\nand on the last of the said days, or forthwith on such consent being known, to bring him\nbefore this Court to be dealt with according to law, returning this warrant with an endorsement\ncertifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 41\nWARRANT OF COMMITMENT UNDER SENTENCE OF DEATH\n(See section 407)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS at the session held before me on the..............................................day\nof.............................................., 20..............................................,..............................................(name\nof prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ................. of the\nCalendar for 20.............. at the said Session, was duly convicted of the offence of culpable\nhomicide amounting to murder under section ..............................................of the Bharatiya\nNyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence\nby the..............................................Court of........................................................................\nThis is to authorise and require you to receive the said..............................................\n(prisoner's name) into your custody in the said Jail, together with this warrant, and him there\nsafely to keep until you shall receive the further warrant or order of this Court, carrying into\neffect the order of the said .......................................................................Court.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 42\nWARRANT AFTER A COMMUTATION OF A SENTENCE\n(See sections 427, 453 and 456)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS at a Session held on the................................................................day\nof.............................................., 20.......... , ..............................................(name of the prisoner), the\n(1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... ,\nat the said Session, was convicted of the offence of.............................................. , punishable\nunder section..............................................of the Bharatiya Nyaya Sanhita, 2023, and was\nsentenced to..................... and thereupon committed to your custody; and whereas by the\norder of the .............................................. Court of ............................................. order of\nthe .............................................(a duplicate of which is hereunto annexed) the punishment\nadjudged by the said sentence has been commuted to the punishment of imprisonment for\nlife;\nThis is to authorise and require you safely to keep the said..............................................\n(prisoner's name) in your custody in the said Jail, as by law is required, until he shall be\ndelivered over by you to the proper authority and custody for the purpose of his undergoing\nthe punishment of imprisonment for life under the said order,\nor\nif the mitigated sentence is one of imprisonment, say, after the words \"custody in the said\nJail\", \"and there to carry into execution the punishment of imprisonment under the said order\naccording to law\".\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 43\nWARRANT OF EXECUTION OF A SENTENCE OF DEATH\n(See sections 453 and 454)\nTo the Officer in charge of the Jail at..............................................\nWHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the\ncase may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held\nbefore me on the..............................................day of .............................................., 20 .............. ,\nhas been by a warrant of the Court, dated the.................... day of .............................................. ,\ncommitted to your custody under sentence of death; .............................................. and whereas\nthe order of the High Court at ..............................................confirming the said sentence has\nbeen received by this Court.\nThis is to authorise and require you to carry the said sentence into execution by\ncausing the said..............................................to be hanged by the neck until he be dead,\nat..............................................(time and place of execution), and to return this warrant to the\nCourt with an endorsement certifying that the sentence has been executed.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 44\nWARRANT TO LEVY A FINE BY ATTACHMENT AND SALE\n(See section 461)\nTo..............................................\n(name and designation of the police officer or other person or persons who is or are\nto execute the warrant).\nWHEREAS..............................................(name and description of the offender) was on\nthe..............................................day of.............................................., 20......... , convicted before\nme of the offence of..............................................(mention the offence concisely), and sentenced\nto pay a fine of rupees..............................................; and whereas the\nsaid..............................................(name), although required to pay the said fine, has not paid\nthe same or any part thereof;\nThis is to authorise and require you to attach any movable property belonging to the\nsaid ..............................................(name), which may be found within the district\nof..............................................; and, if within..............................................(state the number of\ndays or hours allowed) next after such attachment the said sum shall not be paid (or forthwith),\nto sell the movable property attached, or so much thereof as shall be sufficient to satisfy the\nsaid fine, returning this warrant, with an endorsement certifying what you have done under\nit, immediately upon its execution.\nDated, this.............................................. day of.............................................. , 20 ............. .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 45\nWARRANT FOR RECOVERY OF FINE\n(See section 461)\nTo the Collector of the district of..............................................\nWHEREAS.............................................. (name, address and description of the offender)\nwas on the..............................................day of.............................................., 20.......... , convicted\nbefore me of the offence of..............................................(mention the offence concisely), and\nsentenced to pay a fine of rupees..............................................; and\nWHEREAS the said..............................................(name), although require to pay the said\nfine, has not paid the same or any part of thereof;\nYou are hereby authorised and requested to realise the amount of the said fine as\narrears of land revenue from the movable or immovable property, or both, of the\nsaid..............................................(name) and to certify without delay what you have done in\npursuance of this order.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 46\nBOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE\n[See section 464 (1) (b)]\nWHEREAS I,..............................................(name) inhabitant of..............................................\n(place), have been sentenced to pay a fine of rupees..............................................and in default\nof payment thereof to undergo imprisonment for..............................................; and whereas the\nCourt has been pleased to order my release on condition of my executing a bond for my\nappearance on the following date (or dates), namely:—\nI hereby bind myself to appear before the Court of..............................................\nat.............................................. o'clock on the following date (or dates), namely:—\nand, in case of making default herein, I bind myself to forfeit to Government the sum of\nrupees..............................................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n\nWHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—\nWe do hereby declare ourselves sureties for the above-named that he will appear\nbefore the Court of ..............................................on the following date (or dates), namely:—\nAnd, in case of his making default therein, we bind ourselves jointly and severally to\nforfeit to Government the sum of rupees...............................................\n(Signature)\n————\n\n\fFORM No. 47\nBOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR\nCOURT\n\n[See sections 478, 479, 480, 481, 482(3) and 485]\nI,..............................................(name), of..............................................(place), having been\narrested or detained without warrant by the Officer in charge of..............................................police\nstation (or having been brought before the Court of..............................................), charged\nwith the offence of.............................................., and required to give security for my attendance\nbefore such Officer of Court on condition that I shall attend such Officer or Court on every\nday on which any investigation or trial is held with regard to such charge, and in case of my\nmaking default herein, I bind myself to forfeit to Government the sum of rupees.............................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Signature)\nI hereby declare myself (or we jointly and severally declare ourselves and each of us)\nsurety (or sureties) for the above said..............................................(name) that he shall attend\nthe Officer in charge of..............................................police station or the Court\nof..............................................on every day on which any investigation into the charge is\nmade or any trial on such charge is held, that he shall be, and appear, before such Officer or\nCourt for the purpose of such investigation or to answer the charge against him (as the case\nmay be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind\nourselves) to forfeit to Government the sum of rupees...............................\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Signature)\n————\n\n\fFORM No. 48\nWARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY\n(See section 487)\nTo the Officer in charge of the Jail at..............................................\n(or other officer in whose custody the person is)\nWHEREAS..............................................(name and description of prisoner) was committed\nto your custody under warrant of this Court, dated the..............................................day\nof.............................................. , and has since with his surety (or sureties) duly executed a\nbond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;\nThis is to authorise and require you forthwith to discharge the said.......................................\n(name) from your custody, unless he is liable to be detained for some other matter.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 49\nWARRANT OF ATTACHMENT TO ENFORCE A BOND\n(See section 491)\nTo the Police Officer in charge of the police station at..............................................\nWHEREAS..............................................(name, description and address of person) has\nfailed to appear on..............................................(mention the occasion) pursuant to his\nrecognizance, and has by default forfeited to Government the sum of\nrupees..............................................(the penalty in the bond); and whereas the\nsaid..............................................(name of person) has, on due notice to him, failed to pay the\nsaid sum or show any sufficient cause why payment should not be enforced against him;\nThis is to authorise and require you to attach any movable property of the said\n..............................................(name) that you may find within the district of ............................... ,\nby seizure and detention, and, if the said amount be not paid within......................................... ,\ndays to sell the property so attached or so much of it as may be sufficient to realise the\namount aforesaid, and to make return of what you have done under this warrant immediately\nupon its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 50\nNOTICE TO SURETY ON BREACH OF A BOND\n(See section 491)\nTo .............................................. of ..............................................\nWHEREAS on the..............................................day of.............................................. ,\n20 ........................., you became surety for..............................................(name)\nof..............................................(place) that he should appear before this Court on\nthe..............................................day of ..............................................and bound yourself in default\nthereof to forfeit the sum of rupees..................to Government; and whereas the\nsaid..............................................(name) has failed to appear before this Court and by reason of\nsuch default you have forfeited the aforesaid sum of rupees.\nYou are hereby required to pay the said penalty or show cause,\nwithin..............................................days from this date, why payment of the said sum should\nnot be enforced against you.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 51\nNOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR\n(See section 491)\nTo.............................................. of..............................................\nWHEREAS on the..............................................day of ............................ , 20................... , you\nbecame surety by a bond for..............................................(name) of..............................................\n(place) that he would be of good behaviour for the period of..............................................and\nbound yourself in default thereof to forfeit the sum of rupees.................... to Government; and\nwhereas the said..............................................(name) has been convicted of the offence\nof.............................................. (mention the offence concisely) committed since you became\nsuch surety, whereby your security bond has become forfeited;\nYou are hereby required to pay the said penalty of rupees .................... or to show cause\nwithin .............................................. days why it should not be paid.\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 52\nWARRANT OF ATTACHMENT AGAINST A SURETY\n(See section 491)\nTo..............................................of..............................................\nWHEREAS..............................................(name, description and address) has bound himself\nas surety for the appearance of .............................................. (mention the condition of the\nbond) and the said .............................................. (name) has made default, and thereby forfeited\nto Government the sum of rupees ........................ (the penalty in the bond);\nThis is to authorise and require you to attach any movable property of the said\n..............................................(name) which you may find within .............................................. the\ndistrict of .............................................. , by seizure and detention; and, if the said amount be\nnot paid within days, to sell the property so attached, or so much of it as may be sufficient\nto realise the amount aforesaid, and make return of what you have done under this warrant\nimmediately upon its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 53\nWARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL\n(See section 491)\nTo the Superintendent (or Keeper) of the Civil Jail at..............................................\nWHEREAS..............................................(name and description of surety) has bound himself\nas a surety for the appearance of.............................................. (state the condition of the bond)\nand the said..............................................(name) has therein made default whereby the penalty\nmentioned in the said bond has been forfeited to Government; and whereas the\nsaid..............................................(name of surety) has, on due notice to him, failed to pay the\nsaid sum or show any sufficient cause why payment should not be enforced against him, and\nthe same cannot be recovered by attachment and sale of his movable property, and an order\nhas been made for his imprisonment in the Civil Jail for..................................(Specify the period);\nThis is to authorise and require you, the said Superintendent (or Keeper) to receive the\nsaid..............................................(name) into your custody with the warrant and to keep him\nsafely in the said Jail for the said..............................................(term of imprisonment), and to\nreturn this warrant with an endorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 54\nNOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE\n(See section 491)\nTo..............................................(name, description and address)\nWHEREAS on the..............................................day of.............................................., 20................,\nyou entered into a bond not to commit, etc., ..............................................(as in the bond), and\nproof of the forfeiture of the same has been given before me and duly recorded;\nYou are hereby called upon to pay the said penalty of rupees.................... or to show\ncause before me within..............................................days why payment of the same should not\nbe enforced against you.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 55\nWARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP\nTHE PEACE\n\n(See section 491)\nTo..............................................\n(name and designation of police officer), at the police station of..............................................\nW HEREAS ..............................................(name and description) did, on\nthe..............................................day of.............................................., 20........................ , enter into a\nbond for the sum of rupees..............................................binding himself not to commit a breach\nof the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given\nbefore me and duly recorded; and whereas notice has been given to the said\n..............................................(name) calling upon him to show cause why the said sum should\nnot be paid, and he has failed to do so or to pay the said sum;\nThis is to authorise and require you to attach by seizure movable property belonging\nto the said..............................................(name) to the value of rupees.............. , which you may\nfind within the district of.............................................., and, if the said sum be not paid\nwithin.............................................. , to sell the property so attached, or so much of it as may be\nsufficient to realise the same; and to make return of what you have done under this warrant\nimmediately upon its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 56\nWARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE\n(See section 491)\nTo the Superintendent (or Keeper) of the Civil Jail at..............................................\nWHEREAS proof has been given before me and duly recorded that................................\n(name and description) has committed a breach of the bond entered into by him to keep the\npeace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas\nthe said..............................................(name) has failed to pay the said sum or to show cause\nwhy the said sum should not be paid, although duly called upon to do so, and payment\nthereof cannot be enforced by attachment of his movable property, and an order has been\nmade for the imprisonment of the said..............................................(name) in the Civil Jail of the\nperiod of..............................................(term of imprisonment);\nThis is to authorise and require you, the said Superintendent (or Keeper) of the said\nCivil Jail to receive the said..............................................(name) into your custody, together\nwith this warrant, and to keep his safely in the said Jail for the said period of\n..............................................(term of imprisonment), and to return this warrant with an\nendorsement certifying the manner of its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fFORM No. 57\nWARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR\n(See section 491)\nTo the Police Officer in charge of the police station at..............................................\nWHEREAS ..............................................(name, description and address) did, on\nthe..............................................day of.............................................., 20.................., give security\nby bond in the sum of rupees................... for the good behaviour\nof..............................................(name, etc., of the principal), and proof has been given before\nme and duly recorded of the commission by the said..............................................(name) of the\noffence of ..............................................whereby the said bond has been forfeited; and whereas\nnotice has been given to the said..............................................(name) calling upon him to show\ncause why the said sum should not be paid, and he has failed to do so to pay the said sum;\nThis is to authorise and require you to attach by seizure movable property belonging\nto the said..............................................(name) to the value of rupees......................which you\nmay find within the district of.............................................. , and, if the said sum be not paid\nwithin.............................................. , to sell the property so attached, or so much of it as may be\nsufficient to realise the same, and to make return of what you have done under this warrant\nimmediately upon its execution.\nDated, this.............................................. day of.............................................. , 20 ............ .\n(Seal of the Court)\n\n(Signature)\n————\n\n\fSEC. 1]\n\nTHE GAZETTE OF INDIA EXTRAORDINARY\n\n24 9\n\nFORM No. 58\nWARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR\n(See section 491)\n\nTo the Superintendent (or Keeper) of the Civil Jail at..............................................\nWHEREAS..............................................(name, description and address) did, on\nthe .............................................. day of.............................................., 20.................. , give security\nby bond in the sum of rupees........................for the good behaviour of...................................(name,\netc., of the principal), and proof of the breach of the said bond has been given before me and\nduly recorded, whereby the said..............................................(name) has forfeited to Government\nthe sum of rupees.................. , and whereas he has failed to pay the said sum or to show\ncause why the said sum should not be paid although duly called upon to do so, and payment\nthereof cannot be enforced by attachment of his movable property, and an order has been\nmade for the imprisonment of the said..............................................(name) in the Civil Jail for\nthe period of..............................................(term of imprisonment);\nThis is to authorise and require you, the Superintendent (or Keeper), to receive the\nsaid..............................................(name) into your custody, together with this warrant, and to\nkeep him safely in the said Jail for the said period of..............................................(term of\nimprisonment), returning this warrant with an endorsement certifying the manner of its\nexecution.\n\nDated, this.............................................. day of.............................................. , 20 ............ .\n\n(Seal of the Court)\n\n(Signature)\n\n—————\n\nDIWAKAR SINGH,\nJoint Secretary & Legislative Counsel to the Govt. of India.\n\n\nNEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA)\nMINISTRY OF LAW AND JUSTICE\n(Legislative Department)\nNew Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)\nThe following Act of Parliament received the assent of the President on the\n25th December, 2023 and is hereby published for general information:—\n\nTHE BHARATIYA NYAYA SANHITA, 2023\nNO. 45 OF 2023\n[25th December, 2023.]\n\nAn Act to consolidate and amend the provisions relating to offences and for\nmatters connected therewith or incidental thereto.\nBE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as\nfollows:––\nCHAPTERI\nPRELIMINARY\n1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.\n(2) It shall come into force on such date as the Central Government may, by notification\nin the Official Gazette, appoint, and different dates may be appointed for different provisions\nof this Sanhita.\n\nShort title,\ncommencement\nand\napplication.\n\n\f(3) Every person shall be liable to punishment under this Sanhita and not otherwise for\nevery act or omission contrary to the provisions thereof, of which he shall be guilty within\nIndia.\n(4) Any person liable, by any law for the time being in force in India, to be tried for an\noffence committed beyond India shall be dealt with according to the provisions of this\nSanhita for any act committed beyond India in the same manner as if such act had been\ncommitted within India.\n(5) The provisions of this Sanhita shall also apply to any offence committed by—\n(a) any citizen of India in any place without and beyond India;\n(b) any person on any ship or aircraft registered in India wherever it may be;\n(c) any person in any place without and beyond India committing offence targeting\na computer resource located in India.\nExplanation.—In this section, the word “offence” includes every act committed outside\nIndia which, if committed in India, would be punishable under this Sanhita.\nIllustration.\nA, who is a citizen of India, commits a murder in any place without and beyond India.\nHe can be tried and convicted of murder in any place in India in which he may be found.\n(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny\nand desertion of officers, soldiers, sailors or airmen in the service of the Government of India\nor the provisions of any special or local law.\nDefinitions.\n\n2. In this Sanhita, unless the context otherwise requires,––\n(1) “act” denotes as well a series of acts as a single act;\n(2) “animal” means any living creature, other than a human being;\n(3) “child” means any person below the age of eighteen years;\n(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to\nresemble another thing, intending by means of that resemblance to practise deception,\nor knowing it to be likely that deception will thereby be practised.\nExplanation 1.—It is not essential to counterfeiting that the imitation should be\nexact.\nExplanation 2.—When a person causes one thing to resemble another thing,\nand the resemblance is such that a person might be deceived thereby, it shall be\npresumed, until the contrary is proved, that the person so causing the one thing to\nresemble the other thing intended by means of that resemblance to practise deception\nor knew it to be likely that deception would thereby be practised;\n(5) “Court” means a Judge who is empowered by law to act judicially alone, or a\nbody of Judges which is empowered by law to act judicially as a body, when such\nJudge or body of Judges is acting judicially;\n(6) “death” means the death of a human being unless the contrary appears from\nthe context;\n(7) “dishonestly” means doing anything with the intention of causing wrongful\ngain to one person or wrongful loss to another person;\n(8) “document” means any matter expressed or described upon any substance\nby means of letters, figures or marks, or by more than one of those means, and includes\nelectronic and digital record, intended to be used, or which may be used, as evidence\nof that matter.\nExplanation 1.—It is immaterial by what means or upon what substance the\nletters, figures or marks are formed, or whether the evidence is intended for, or may be\nused in a Court or not.\n\n\fIllustrations.\n(a) A writing expressing the terms of a contract, which may be used as evidence\nof the contract, is a document.\n(b) A cheque upon a banker is a document.\n(c) A power-of-attorney is a document.\n(d) A map or plan which is intended to be used or which may be used as evidence,\nis a document.\n(e) A writing containing directions or instructions is a document.\nExplanation 2.—Whatever is expressed by means of letters, figures or marks as\nexplained by mercantile or other usage, shall be deemed to be expressed by such\nletters, figures or marks within the meaning of this section, although the same may not\nbe actually expressed.\nIllustration.\nA writes his name on the back of a bill of exchange payable to his order. The\nmeaning of the endorsement, as explained by mercantile usage, is that the bill is to be\npaid to the holder. The endorsement is a document, and shall be construed in the same\nmanner as if the words “pay to the holder” or words to that effect had been written\nover the signature;\n(9) “fraudulently” means doing anything with the intention to defraud but not\notherwise;\n(10) “gender”.—The pronoun “he” and its derivatives are used of any person,\nwhether male, female or transgender.\n40 of 2019.\n\nExplanation.–– “transgender” shall have the meaning assigned to it in clause (k)\nof section 2 of the Transgender Persons (Protection of Rights) Act, 2019;\n(11) “good faith”.—Nothing is said to be done or believed in “good faith” which\nis done or believed without due care and attention;\n(12) “Government” means the Central Government or a State Government;\n(13) “harbour” includes supplying a person with shelter, food, drink, money,\nclothes, arms, ammunition or means of conveyance, or the assisting a person by any\nmeans, whether of the same kind as those enumerated in this clause or not, to evade\napprehension;\n(14) “injury” means any harm whatever illegally caused to any person, in body,\nmind, reputation or property;\n(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to\neverything which is an offence or which is prohibited by law, or which furnishes\nground for a civil action; and a person is said to be “legally bound to do” whatever it\nis illegal in him to omit;\n(16) “Judge” means a person who is officially designated as a Judge and includes\na person,––\n(i) who is empowered by law to give, in any legal proceeding, civil or\ncriminal, a definitive judgment, or a judgment which, if not appealed against,\nwould be definitive, or a judgment which, if confirmed by some other authority,\nwould be definitive; or\n(ii) who is one of a body or persons, which body of persons is empowered\nby law to give such a judgment.\n\n\fIllustration.\nA Magistrate exercising jurisdiction in respect of a charge on which he has\npower to sentence to fine or imprisonment, with or without appeal, is a Judge;\n(17) “life” means the life of a human being, unless the contrary appears from the\ncontext;\n(18) “local law” means a law applicable only to a particular part of India;\n(19) “man” means male human being of any age;\n(20) “month” and “year”.––Wherever the word “month” or the word “year” is\nused, it is to be understood that the month or the year is to be reckoned according to\nthe Gregorian calendar;\n(21) “movable property” includes property of every description, except land\nand things attached to the earth or permanently fastened to anything which is attached\nto the earth;\n(22) “number”.—Unless the contrary appears from the context, words importing\nthe singular number include the plural number, and words importing the plural number\ninclude the singular number;\n(23) “oath” includes a solemn affirmation substituted by law for an oath, and\nany declaration required or authorised by law to be made before a public servant or to\nbe used for the purpose of proof, whether in a Court or not;\n(24) “offence”.—Except in the Chapters and sections mentioned in\nsub-clauses (a) and (b), the word “offence” means a thing made punishable by this\nSanhita, but––\n(a) in Chapter III and in the following sections, namely, sub-sections (2),\n(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,\n120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,\n251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and\nsub-section (2) of section 330, the word “offence” means a thing punishable\nunder this Sanhita, or under any special law or local law; and\n(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253\nand sub-section (1) of section 329, the word “offence” shall have the same\nmeaning when the act punishable under the special law or local law is punishable\nunder such law with imprisonment for a term of six months or more, whether\nwith or without fine;\n(25) “omission” denotes as well as a series of omissions as a single omission;\n(26) “person” includes any company or association or body of persons, whether\nincorporated or not;\n(27) “public” includes any class of the public or any community;\n(28) “public servant” means a person falling under any of the descriptions,\nnamely:—\n(a) every commissioned officer in the Army, Navy or Air Force;\n(b) every Judge including any person empowered by law to discharge,\nwhether by himself or as a member of any body of persons, any adjudicatory\nfunctions;\n(c) every officer of a Court including a liquidator, receiver or commissioner\nwhose duty it is, as such officer, to investigate or report on any matter of law or\nfact, or to make, authenticate, or keep any document, or to take charge or dispose\n\n\fof any property, or to execute any judicial process, or to administer any oath, or\nto interpret, or to preserve order in the Court, and every person specially\nauthorised by a Court to perform any of such duties;\n(d) every assessor or member of a panchayat assisting a Court or public\nservant;\n(e) every arbitrator or other person to whom any cause or matter has been\nreferred for decision or report by any Court, or by any other competent public\nauthority;\n(f) every person who holds any office by virtue of which he is empowered\nto place or keep any person in confinement;\n(g) every officer of the Government whose duty it is, as such officer, to\nprevent offences, to give information of offences, to bring offenders to justice,\nor to protect the public health, safety or convenience;\n(h) every officer whose duty it is, as such officer, to take, receive, keep or\nexpend any property on behalf of the Government, or to make any survey,\nassessment or contract on behalf of the Government, or to execute any\nrevenue-process, or to investigate, or to report, on any matter affecting the\npecuniary interests of the Government, or to make, authenticate or keep any\ndocument relating to the pecuniary interests of the Government, or to prevent\nthe infraction of any law for the protection of the pecuniary interests of the\nGovernment;\n(i) every officer whose duty it is, as such officer, to take, receive, keep or\nexpend any property, to make any survey or assessment or to levy any rate or tax\nfor any secular common purpose of any village, town or district, or to make,\nauthenticate or keep any document for the ascertaining of the rights of the\npeople of any village, town or district;\n(j) every person who holds any office by virtue of which he is empowered\nto prepare, publish, maintain or revise an electoral roll or to conduct an election\nor part of an election;\n(k) every person—\n(i) in the service or pay of the Government or remunerated by fees or\ncommission for the performance of any public duty by the Government;\n10 of 1897.\n18 of 2013.\n\n(ii) in the service or pay of a local authority as defined in clause (31)\nof section 3 of the General Clauses Act, 1897, a corporation established by\nor under a Central or State Act or a Government company as defined in\nclause (45) of section 2 of the Companies Act, 2013.\nExplanation.—\n(a) persons falling under any of the descriptions made in this clause are\npublic servants, whether appointed by the Government or not;\n(b) every person who is in actual possession of the situation of a public\nservant, whatever legal defect there may be in his right to hold that situation is\na public servant;\n(c) “election” means an election for the purpose of selecting members of\nany legislative, municipal or other public authority, of whatever character, the\nmethod of selection to which is by, or under any law for the time being in force.\nIllustration.\nA Municipal Commissioner is a public servant;\n\n\f(29) “reason to believe”.—A person is said to have “reason to believe” a thing,\nif he has sufficient cause to believe that thing but not otherwise;\n(30) “special law” means a law applicable to a particular subject;\n(31) “valuable security” means a document which is, or purports to be, a\ndocument whereby any legal right is created, extended, transferred, restricted,\nextinguished or released, or whereby any person acknowledges that he lies under legal\nliability, or has not a certain legal right.\nIllustration.\nA writes his name on the back of a bill of exchange. As the effect of this\nendorsement is to transfer the right to the bill to any person who may become the\nlawful holder of it, the endorsement is a “valuable security”;\n(32) “vessel” means anything made for the conveyance by water of human\nbeings or of property;\n(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he\ncauses it by means whereby he intended to cause it, or by means which, at the time of\nemploying those means, he knew or had reason to believe to be likely to cause it.\nIllustration.\nA sets fire, by night, to an inhabited house in a large town, for the purpose of\nfacilitating a robbery and thus causes the death of a person. Here, A may not have\nintended to cause death; and may even be sorry that death has been caused by his act;\nyet, if he knew that he was likely to cause death, he has caused death voluntarily;\n(34) “will” means any testamentary document;\n(35) “woman” means a female human being of any age;\n(36) “wrongful gain” means gain by unlawful means of property to which the\nperson gaining is not legally entitled;\n(37) “wrongful loss” means the loss by unlawful means of property to which the\nperson losing it is legally entitled;\n(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain\nwrongfully when such person retains wrongfully, as well as when such person acquires\nwrongfully. A person is said to lose wrongfully when such person is wrongfully kept out\nof any property, as well as when such person is wrongfully deprived of property; and\n(39) words and expressions used but not defined in this Sanhita but defined in\nthe Information TechnologyAct, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 21 of 2000.\nshall have the meanings respectively assigned to them in that Act and Sanhita.\nGeneral\nexplanations.\n\n3. (1) Throughout this Sanhita every definition of an offence, every penal provision,\nand every Illustration of every such definition or penal provision, shall be understood\nsubject to the exceptions contained in the Chapter entitled “General Exceptions”, though\nthose exceptions are not repeated in such definition, penal provision, or Illustration.\nIllustrations.\n(a) The sections in this Sanhita, which contain definitions of offences, do not express\nthat a child under seven years of age cannot commit such offences; but the definitions are to\nbe understood subject to the general exception which provides that nothing shall be an\noffence which is done by a child under seven years of age.\n(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here\nA is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend\nZ, and therefore the case falls within the general exception which provides that “nothing is\nan offence which is done by a person who is bound by law to do it”.\n\n\f(2) Every expression which is explained in any Part of this Sanhita, is used in every Part\nof this Sanhita in conformity with the explanation.\n(3) When property is in the possession of a person’s spouse, clerk or servant, on\naccount of that person, it is in that person’s possession within the meaning of this Sanhita.\nExplanation.—A person employed temporarily or on a particular occasion in the capacity\nof a clerk or servant, is a clerk or servant within the meaning of this sub-section.\n(4) In every Part of this Sanhita, except where a contrary intention appears from the\ncontext, words which refer to acts done extend also to illegal omissions.\n(5) When a criminal act is done by several persons in furtherance of the common\nintention of all, each of such persons is liable for that act in the same manner as if it were done\nby him alone.\n(6) Whenever an act, which is criminal only by reason of its being done with a criminal\nknowledge or intention, is done by several persons, each of such persons who joins in the\nact with such knowledge or intention is liable for the act in the same manner as if the act were\ndone by him alone with that knowledge or intention.\n(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an\nact or by an omission, is an offence, it is to be understood that the causing of that effect\npartly by an act and partly by an omission is the same offence.\nIllustration.\nA intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly\nby beating Z. A has committed murder.\n(8) When an offence is committed by means of several acts, whoever intentionally\ncooperates in the commission of that offence by doing any one of those acts, either singly or\njointly with any other person, commits that offence.\nIllustrations.\n(a) A and B agree to murder Z by severally and at different times giving him small doses\nof poison. A and B administer the poison according to the agreement with intent to murder Z.\nZ dies from the effects the several doses of poison so administered to him. Here A and B\nintentionally cooperate in the commission of murder and as each of them does an act by\nwhich the death is caused, they are both guilty of the offence though their acts are separate.\n(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively\nfor six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing\nthat effect by illegally omitting, each during the time of his attendance, to furnish Z with food\nsupplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder\nof Z.\n(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally\nomits to supply Z with food; in consequence of which Z is much reduced in strength, but the\nstarvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds\nhim. B, without collusion or cooperation with A, illegally omits to supply Z with food,\nknowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,\nbut, as A did not cooperate with B. A is guilty only of an attempt to commit murder.\n(9) Where several persons are engaged or concerned in the commission of a criminal\nact, they may be guilty of different offences by means of that act.\nIllustration.\nA attacks Z under such circumstances of grave provocation that his killing of Z would\nbe only culpable homicide not amounting to murder. B, having ill-will towards Z and intending\n\n\fto kill him, and not having been subject to the provocation, assists A in killing Z. Here,\nthough A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty\nonly of culpable homicide.\nCHAPTER II\nOF PUNISHMENTS\n4. The punishments to which offenders are liable under the provisions of this Sanhita\n\nPunishments.\n\nare—\n(a) Death;\n(b) Imprisonment for life;\n(c) Imprisonment, which is of two descriptions, namely:—\n(1) Rigorous, that is, with hard labour;\n(2) Simple;\n(d) Forfeiture of property;\n(e) Fine;\n(f) Community Service.\nCommutation\nof sentence.\n\n5. The appropriate Government may, without the consent of the offender, commute\nany punishment under this Sanhita to any other punishment in accordance with section 474\nof the Bharatiya Nagarik Suraksha Sanhita, 2023.\nExplanation.––For the purposes of this section the expression “appropriate\nGovernment” means,––\n(a) in cases where the sentence is a sentence of death or is for an offence\nagainst any law relating to a matter to which the executive power of the Union extends,\nthe Central Government; and\n(b) in cases where the sentence (whether of death or not) is for an offence\nagainst any law relating to a matter to which the executive power of the State extends,\nthe Government of the State within which the offender is sentenced.\n\nFractions of\nterms of\npunishment.\n\n6. In calculating fractions of terms of punishment, imprisonment for life shall be\nreckoned as equivalent to imprisonment for twenty years unless otherwise provided.\n\nSentence may\nbe (in certain\ncases of\nimprisonment)\nwholly or\npartly rigorous\nor simple.\n\n7. In every case in which an offender is punishable with imprisonment which may be\nof either description, it shall be competent to the Court which sentences such offender to\ndirect in the sentence that such imprisonment shall be wholly rigorous, or that such\nimprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous\nand the rest simple.\n\nAmount of\nfine, liability\nin default of\npayment of\nfine, etc.\n\n8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to\nwhich the offender is liable is unlimited, but shall not be excessive.\n(2) In every case of an offence––\n(a) punishable with imprisonment as well as fine, in which the offender is\nsentenced to a fine, whether with or without imprisonment;\n(b) punishable with imprisonment or fine, or with fine only, in which the offender\nis sentenced to a fine,\nit shall be competent to the Court which sentences such offender to direct by the sentence\nthat, in default of payment of the fine, the offender shall suffer imprisonment for a certain\nterm, in which imprisonment shall be in excess of any other imprisonment to which he may\nhave been sentenced or to which he may be liable under a commutation of a sentence.\n\n\f(3) The term for which the Court directs the offender to be imprisoned in default of\npayment of a fine shall not exceed one-fourth of the term of imprisonment which is the\nmaximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.\n(4) The imprisonment which the Court imposes in default of payment of a fine or in\ndefault of community service may be of any description to which the offender might have\nbeen sentenced for the offence.\n(5) If the offence is punishable with fine or community service, the imprisonment\nwhich the Court imposes in default of payment of the fine or in default of community service\nshall be simple, and the term for which the Court directs the offender to be imprisoned, in\ndefault of payment of fine or in default of community service, shall not exceed,—\n(a) two months when the amount of the fine does not exceed five thousand\nrupees;\n(b) four months when the amount of the fine does not exceed ten thousand\nrupees; and\n(c) one year in any other case.\n(6) (a) The imprisonment which is imposed in default of payment of a fine shall\nterminate whenever that fine is either paid or levied by process of law;\n(b) If, before the expiration of the term of imprisonment fixed in default of payment,\nsuch a proportion of the fine be paid or levied that the term of imprisonment suffered in\ndefault of payment is not less than proportional to the part of the fine still unpaid, the\nimprisonment shall terminate.\nIllustration.\nA is sentenced to a fine of one thousand rupees and to four months’ imprisonment in\ndefault of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied\nbefore the expiration of one month of the imprisonment, A will be discharged as soon as the\nfirst month has expired. If seven hundred and fifty rupees be paid or levied at the time of the\nexpiration of the first month, or at any later time while A continues in imprisonment, A will be\nimmediately discharged. If five hundred rupees of the fine be paid or levied before the\nexpiration of two months of the imprisonment, A will be discharged as soon as the two\nmonths are completed. If five hundred rupees be paid or levied at the time of the expiration of\nthose two months, or at any later time whileAcontinues in imprisonment, Awill be immediately\ndischarged.\n(7) The fine, or any part thereof which remains unpaid, may be levied at any time within\nsix years after the passing of the sentence, and if, under the sentence, the offender be liable\nto imprisonment for a longer period than six years, then at any time previous to the expiration\nof that period; and the death of the offender does not discharge from the liability any\nproperty which would, after his death, be legally liable for his debts.\n9. (1) Where anything which is an offence is made up of parts, any of which parts is\nitself an offence, the offender shall not be punished with the punishment of more than one of\nsuch his offences, unless it be so expressly provided.\n(2) Where—\n(a) anything is an offence falling within two or more separate definitions of any\nlaw in force for the time being by which offences are defined or punished; or\n\nLimit of\npunishment of\noffence made\nup of several\noffences.\n\n\f(b) several acts, of which one or more than one would by itself or themselves\nconstitute an offence, constitute, when combined, a different offence,\nthe offender shall not be punished with a more severe punishment than the Court which tries\nhim could award for any one of such offences.\nIllustrations.\n(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of\nvoluntarily causing hurt to Z by the whole beating, and also by each of the blows which\nmake up the whole beating. If A were liable to punishment for every blow, he might be\nimprisoned for fifty years, one for each blow. But he is liable only to one punishment for the\nwhole beating.\n(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the\nblow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one\npunishment for voluntarily causing hurt to Z, and to another for the blow given to Y.\nPunishment of\nperson guilty\nof one of\nseveral\noffences,\njudgment\nstating that it\nis doubtful of\nwhich.\n\n10. In all cases in which judgment is given that a person is guilty of one of several\noffences specified in the judgment, but that it is doubtful of which of these offences he is\nguilty, the offender shall be punished for the offence for which the lowest punishment is\nprovided if the same punishment is not provided for all.\n\nSolitary\nconfinement.\n\n11. Whenever any person is convicted of an offence for which under this Sanhita the\nCourt has power to sentence him to rigorous imprisonment, the Court may, by its sentence,\norder that the offender shall be kept in solitary confinement for any portion or portions of the\nimprisonment to which he is sentenced, not exceeding three months in the whole, according\nto the following scale, namely:—\n(a) a time not exceeding one month if the term of imprisonment shall not exceed\nsix months;\n(b) a time not exceeding two months if the term of imprisonment shall exceed six\nmonths and shall not exceed one year;\n(c) a time not exceeding three months if the term of imprisonment shall exceed\none year.\n12. In executing a sentence of solitary confinement, such confinement shall in no case\nexceed fourteen days at a time, with intervals between the periods of solitary confinement of\nnot less duration than such periods; and when the imprisonment awarded shall exceed three\nmonths, the solitary confinement shall not exceed seven days in any one month of the whole\nimprisonment awarded, with intervals between the periods of solitary confinement of not\nless duration than such periods.\n13. Whoever, having been convicted by a Court in India, of an offence punishable\nunder Chapter X or Chapter XVII of this Sanhita with imprisonment of either description for\na term of three years or upwards, shall be guilty of any offence punishable under either of\nthose Chapters with like imprisonment for the like term, shall be subject for every such\nsubsequent offence to imprisonment for life, or to imprisonment of either description for a\nterm which may extend to ten years.\nCHAPTER III\nGENERAL EXCEPTIONS\n14. Nothing is an offence which is done by a person who is, or who by reason of a\nmistake of fact and not by reason of a mistake of law in good faith believes himself to be,\nbound by law to do it.\n\nLimit of\nsolitary\nconfinement.\n\nEnhanced\npunishment\nfor certain\noffences after\nprevious\nconviction.\n\nAct done by a\nperson bound,\nor by mistake\nof fact\nbelieving\nhimself bound,\nby law.\n\nIllustrations.\n(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the\ncommands of the law. A has committed no offence.\n\n\f(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due\nenquiry, believing Z to be Y, arrests Z. A has committed no offence.\n15. Nothing is an offence which is done by a Judge when acting judicially in the Act of Judge\nexercise of any power which is, or which in good faith he believes to be, given to him by law. when acting\njudicially.\n\n16. Nothing which is done in pursuance of, or which is warranted by the judgment or\norder of, a Court; if done whilst such judgment or order remains in force, is an offence,\nnotwithstanding the Court may have had no jurisdiction to pass such judgment or order,\nprovided the person doing the act in good faith believes that the Court had such jurisdiction.\n\nAct done\npursuant to\njudgment or\norder of\nCourt.\n\n17. Nothing is an offence which is done by any person who is justified by law, or who\nby reason of a mistake of fact and not by reason of a mistake of law in good faith, believes\nhimself to be justified by law, in doing it.\n\nAct done by a\nperson justified,\nor by mistake of\nfact believing\nhimself justified,\nby law.\n\nIllustration.\nA sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his\njudgment exerted in good faith, of the power which the law gives to all persons of apprehending\nmurderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has\ncommitted no offence, though it may turn out that Z was acting in self-defence.\n\n18. Nothing is an offence which is done by accident or misfortune, and without any Accident in\ncriminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful doing a lawful\nact.\nmeans and with proper care and caution.\nIllustration.\nA is at work with a hatchet; the head flies off and kills a man who is standing by. Here,\nif there was no want of proper caution on the part of A, his act is excusable and not an\noffence.\n19. Nothing is an offence merely by reason of its being done with the knowledge that\nit is likely to cause harm, if it be done without any criminal intention to cause harm, and in\ngood faith for the purpose of preventing or avoiding other harm to person or property.\nExplanation.—It is a question of fact in such a case whether the harm to be prevented\nor avoided was of such a nature and so imminent as to justify or excuse the risk of doing the\nact with the knowledge that it was likely to cause harm.\nIllustrations.\n(a) A, the captain of a vessel, suddenly and without any fault or negligence on his\npart, finds himself in such a position that, before he can stop his vessel, he must inevitably\nrun down a boat B, with twenty or thirty passengers on board, unless he changes the course\nof his vessel, and that, by changing his course, he must incur risk of running down a boat C\nwith only two passengers on board, which he may possibly clear. Here, if A alters his course\nwithout any intention to run down the boat C and in good faith for the purpose of avoiding\nthe danger to the passengers in the boat B, he is not guilty of an offence, though he may run\ndown the boat C by doing an act which he knew was likely to cause that effect, if it be found\nas a matter of fact that the danger which he intended to avoid was such as to excuse him in\nincurring the risk of running down the boat C.\n(b) A, in a great fire, pulls down houses in order to prevent the conflagration from\nspreading. He does this with the intention in good faith of saving human life or property.\nHere, if it be found that the harm to be prevented was of such a nature and so imminent as to\nexcuse A’s act, A is not guilty of the offence.\n\nAct likely to\ncause harm,\nbut done\nwithout\ncriminal\nintent, and to\nprevent other\nharm.\n\n\fAct of a child\nunder seven\nyears of age.\n\n20. Nothing is an offence which is done by a child under seven years of age.\n\nAct of a child\nabove seven\nand under\ntwelve years\nof age of\nimmature\nunderstanding.\n\n21. Nothing is an offence which is done by a child above seven years of age and under\ntwelve years of age, who has not attained sufficient maturity of understanding to judge of\nthe nature and consequences of his conduct on that occasion.\n\nAct of a\nperson of\nunsound mind.\n\n22. Nothing is an offence which is done by a person who, at the time of doing it, by\nreason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is\ndoing what is either wrong or contrary to law.\n\nAct of a person\nincapable of\njudgment by\nreason of\nintoxication\ncaused against\nhis will.\n\n23. Nothing is an offence which is done by a person who, at the time of doing it, is, by\nreason of intoxication, incapable of knowing the nature of the act, or that he is doing what is\neither wrong, or contrary to law; provided that the thing which intoxicated him was\nadministered to him without his knowledge or against his will.\n\nOffence\nrequiring a\nparticular\nintent or\nknowledge\ncommitted by\none who is\nintoxicated.\n\n24. In cases where an act done is not an offence unless done with a particular knowledge\nor intent, a person who does the act in a state of intoxication shall be liable to be dealt with\nas if he had the same knowledge as he would have had if he had not been intoxicated, unless\nthe thing which intoxicated him was administered to him without his knowledge or against\nhis will.\n\nAct not\nintended and\nnot known to\nbe likely to\ncause death or\ngrievous hurt,\ndone by\nconsent.\n\n25. Nothing which is not intended to cause death, or grievous hurt, and which is not\nknown by the doer to be likely to cause death or grievous hurt, is an offence by reason of any\nharm which it may cause, or be intended by the doer to cause, to any person, above eighteen\nyears of age, who has given consent, whether express or implied, to suffer that harm; or by\nreason of any harm which it may be known by the doer to be likely to cause to any such\nperson who has consented to take the risk of that harm.\nIllustration.\nA and Z agree to fence with each other for amusement. This agreement implies the\nconsent of each to suffer any harm which, in the course of such fencing, may be caused\nwithout foul play; and if A, while playing fairly, hurts Z, A commits no offence.\n\nAct not\nintended to\ncause death,\ndone by\nconsent in\ngood faith for\nperson's\nbenefit.\n\nAct done in\ngood faith for\nbenefit of\nchild or\nperson of\nunsound mind,\nby, or by\nconsent of\nguardian.\n\n26. Nothing, which is not intended to cause death, is an offence by reason of any harm\nwhich it may cause, or be intended by the doer to cause, or be known by the doer to be likely\nto cause, to any person for whose benefit it is done in good faith, and who has given a\nconsent, whether express or implied, to suffer that harm, or to take the risk of that harm.\nIllustration.\nA, a surgeon, knowing that a particular operation is likely to cause the death of Z, who\nsuffers under the painful complaint, but not intending to cause Z’s death, and intending, in\ngood faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no\noffence.\n27. Nothing which is done in good faith for the benefit of a person under twelve years\nof age, or person of unsound mind, by, or by consent, either express or implied, of the\nguardian or other person having lawful charge of that person, is an offence by reason of any\nharm which it may cause, or be intended by the doer to cause or be known by the doer to be\nlikely to cause to that person:\nProvided that this exception shall not extend to––\n(a) the intentional causing of death, or to the attempting to cause death;\n(b) the doing of anything which the person doing it knows to be likely to cause\n\n\fdeath, for any purpose other than the preventing of death or grievous hurt, or the\ncuring of any grievous disease or infirmity;\n(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous\nhurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of\nany grievous disease or infirmity;\n(d) the abetment of any offence, to the committing of which offence it would not\nextend.\nIllustration.\nA, in good faith, for his child’s benefit without his child’s consent, has his child cut for\nthe stone by a surgeon knowing it to be likely that the operation will cause the child’s death,\nbut not intending to cause the child’s death. A is within the exception, in as much as his\nobject was the cure of the child.\n28. A consent is not such a consent as is intended by any section of this Sanhita,–– Consent\nknown to be\n\n(a) if the consent is given by a person under fear of injury, or under a misconception given under\nof fact, and if the person doing the act knows, or has reason to believe, that the fear or\nmisconception.\nconsent was given in consequence of such fear or misconception; or\n(b) if the consent is given by a person who, from unsoundness of mind, or\nintoxication, is unable to understand the nature and consequence of that to which he\ngives his consent; or\n(c) unless the contrary appears from the context, if the consent is given by a\nperson who is under twelve years of age.\n29. The exceptions in sections 25, 26 and 27 do not extend to acts which are offences\nindependently of any harm which they may cause, or be intended to cause, or be known to\nbe likely to cause, to the person giving the consent, or on whose behalf the consent is given.\nIllustration.\n\nExclusion of\nacts which are\noffences\nindependently\nof harm\ncaused.\n\nCausing miscarriage (unless caused in good faith for the purpose of saving the life of the\nwoman) is an offence independently of any harm which it may cause or be intended to cause to\nthe woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the\nwoman or of her guardian to the causing of such miscarriage does not justify the act.\n30. Nothing is an offence by reason of any harm which it may cause to a person for\nwhose benefit it is done in good faith, even without that person’s consent, if the circumstances\nare such that it is impossible for that person to signify consent, or if that person is incapable\nof giving consent, and has no guardian or other person in lawful charge of him from whom it\nis possible to obtain consent in time for the thing to be done with benefit:\nProvided that this exception shall not extend to––\n(a) the intentional causing of death, or the attempting to cause death;\n(b) the doing of anything which the person doing it knows to be likely to cause\ndeath, for any purpose other than the preventing of death or grievous hurt, or the\ncuring of any grievous disease or infirmity;\n(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any\npurpose other than the preventing of death or hurt;\n(d) the abetment of any offence, to the committing of which offence it would not\nextend.\nIllustrations.\n(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to\n\nAct done in\ngood faith for\nbenefit of a\nperson\nwithout\nconsent.\n\n\fbe trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the\ntrepan before Z recovers his power of judging for himself. A has committed no offence.\n(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may\nkill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a\nmortal wound. A has committed no offence.\n(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an\noperation be immediately performed. There is no time to apply to the child’s guardian. A\nperforms the operation in spite of the entreaties of the child, intending, in good faith, the\nchild’s benefit. A has committed no offence.\n(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A\ndrops the child from the house top, knowing it to be likely that the fall may kill the child, but\nnot intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if\nthe child is killed by the fall, A has committed no offence.\nExplanation.—Mere pecuniary benefit is not benefit within the meaning of\nsections 26, 27 and this section.\nCommunication\nmade in good\nfaith.\n\n31. No communication made in good faith is an offence by reason of any harm to the\nperson to whom it is made, if it is made for the benefit of that person.\nIllustration.\nA, a surgeon, in good faith, communicates to a patient his opinion that he cannot live.\nThe patient dies in consequence of the shock. A has committed no offence, though he knew\nit to be likely that the communication might cause the patient’s death.\n\nAct to which a\nperson is\ncompelled by\nthreats.\n\n32. Except murder, and offences against the State punishable with death, nothing is an\noffence which is done by a person who is compelled to do it by threats, which, at the time of\ndoing it, reasonably cause the apprehension that instant death to that person will otherwise\nbe the consequence:\nProvided that the person doing the act did not of his own accord, or from a reasonable\napprehension of harm to himself short of instant death, place himself in the situation by\nwhich he became subject to such constraint.\nExplanation 1.—A person who, of his own accord, or by reason of a threat of being\nbeaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this\nexception, on the ground of his having been compelled by his associates to do anything that\nis an offence by law.\nExplanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant\ndeath, to do a thing which is an offence by law; for example, a smith compelled to take his\ntools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the\nbenefit of this exception.\n\nAct causing\nslight harm.\n\n33. Nothing is an offence by reason that it causes, or that it is intended to cause, or\nthat it is known to be likely to cause, any harm, if that harm is so slight that no person of\nordinary sense and temper would complain of such harm.\nOf right of private defence\n\nThings done\nin private\ndefence.\n\n34. Nothing is an offence which is done in the exercise of the right of private defence.\n\nRight of\nprivate\ndefence of\nbody and of\nproperty.\n\n35. Every person has a right, subject to the restrictions contained in section 37, to\ndefend—\n(a) his own body, and the body of any other person, against any offence affecting\nthe human body;\n(b) the property, whether movable or immovable, of himself or of any other\n\n\fperson, against any act which is an offence falling under the definition of theft, robbery,\nmischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief\nor criminal trespass.\n36. When an act, which would otherwise be a certain offence, is not that offence, by\nreason of the youth, the want of maturity of understanding, the unsoundness of mind or the\nintoxication of the person doing that act, or by reason of any misconception on the part of\nthat person, every person has the same right of private defence against that act which he\nwould have if the act were that offence.\nIllustrations.\n\nRight of\nprivate\ndefence\nagainst act of\na person of\nunsound mind,\netc.\n\n(a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has\nthe same right of private defence which he would have if Z were sane.\n(b) A enters by night a house which he is legally entitled to enter. Z, in good faith,\ntaking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception,\ncommits no offence. But A has the same right of private defence against Z, which he would\nhave if Z were not acting under that misconception.\n37. (1) There is no right of private defence,––\n(a) against an act which does not reasonably cause the apprehension of death\nor of grievous hurt, if done, or attempted to be done, by a public servant acting in good\nfaith under colour of his office, though that act, may not be strictly justifiable by law;\n\nActs against\nwhich there is\nno right of\nprivate\ndefence.\n\n(b) against an act which does not reasonably cause the apprehension of death\nor of grievous hurt, if done, or attempted to be done, by the direction of a public\nservant acting in good faith under colour of his office, though that direction may not\nbe strictly justifiable by law;\n(c) in cases in which there is time to have recourse to the protection of the public\nauthorities.\n(2) The right of private defence in no case extends to the inflicting of more harm than\nit is necessary to inflict for the purpose of defence.\nExplanation 1.—A person is not deprived of the right of private defence against an act\ndone, or attempted to be done, by a public servant, as such, unless he knows or has reason\nto believe, that the person doing the act is such public servant.\nExplanation 2.—A person is not deprived of the right of private defence against an act\ndone, or attempted to be done, by the direction of a public servant, unless he knows, or has\nreason to believe, that the person doing the act is acting by such direction, or unless such\nperson states the authority under which he acts, or if he has authority in writing, unless he\nproduces such authority, if demanded.\n38. The right of private defence of the body extends, under the restrictions specified in\nsection 37, to the voluntary causing of death or of any other harm to the assailant, if the\noffence which occasions the exercise of the right be of any of the descriptions hereinafter\nenumerated, namely:—\n(a) such an assault as may reasonably cause the apprehension that death will\notherwise be the consequence of such assault;\n(b) such an assault as may reasonably cause the apprehension that grievous\nhurt will otherwise be the consequence of such assault;\n(c) an assault with the intention of committing rape;\n(d) an assault with the intention of gratifying unnatural lust;\n(e) an assault with the intention of kidnapping or abducting;\n\nWhen right of\nprivate\ndefence of\nbody extends\nto causing\ndeath.\n\n\f(f) an assault with the intention of wrongfully confining a person, under\ncircumstances which may reasonably cause him to apprehend that he will be unable to\nhave recourse to the public authorities for his release;\n(g) an act of throwing or administering acid or an attempt to throw or administer\nacid which may reasonably cause the apprehension that grievous hurt will otherwise\nbe the consequence of such act.\nWhen such\nright extends\nto causing any\nharm other\nthan death.\n\n39. If the offence be not of any of the descriptions specified in section 38, the right of\nprivate defence of the body does not extend to the voluntary causing of death to the\nassailant, but does extend, under the restrictions specified in section 37, to the voluntary\ncausing to the assailant of any harm other than death.\n\nCommencement\nand\ncontinuance of\nright of private\ndefence of\nbody.\n\n40. The right of private defence of the body commences as soon as a reasonable\napprehension of danger to the body arises from an attempt or threat to commit the offence\nthough the offence may not have been committed; and it continues as long as such\napprehension of danger to the body continues.\n\nWhen right of\nprivate\ndefence of\nproperty\nextends to\ncausing death.\n\n41. The right of private defence of property extends, under the restrictions specified in\nsection 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the\noffence, the committing of which, or the attempting to commit which, occasions the exercise\nof the right, be an offence of any of the descriptions hereinafter enumerated, namely:—\n(a) robbery;\n(b) house-breaking after sunset and before sunrise;\n(c) mischief by fire or any explosive substance committed on any building, tent\nor vessel, which building, tent or vessel is used as a human dwelling, or as a place for\nthe custody of property;\n(d) theft, mischief, or house-trespass, under such circumstances as may\nreasonably cause apprehension that death or grievous hurt will be the consequence,\nif such right of private defence is not exercised.\n\nWhen such\nright extends\nto causing any\nharm other\nthan death.\n\nCommencement\nand\ncontinuance\nof right of\nprivate\ndefence of\nproperty.\n\n42. If the offence, the committing of which, or the attempting to commit which occasions\nthe exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any\nof the descriptions specified in section 41, that right does not extend to the voluntary\ncausing of death, but does extend, subject to the restrictions specified in section 37, to the\nvoluntary causing to the wrong-doer of any harm other than death.\n43. The right of private defence of property,––\n(a) commences when a reasonable apprehension of danger to the property\ncommences;\n(b) against theft continues till the offender has effected his retreat with the\nproperty or either the assistance of the public authorities is obtained, or the property\nhas been recovered;\n(c) against robbery continues as long as the offender causes or attempts to\ncause to any person death or hurt or wrongful restraint or as long as the fear of instant\ndeath or of instant hurt or of instant personal restraint continues;\n(d) against criminal trespass or mischief continues as long as the offender\ncontinues in the commission of criminal trespass or mischief;\n(e) against house-breaking after sunset and before sunrise continues as long as\nthe house-trespass which has been begun by such house-breaking continues.\n\nRight of private\n44. If in the exercise of the right of private defence against an assault which reasonably\ndefence against\ncauses the apprehension of death, the defender be so situated that he cannot effectually\ndeadly assault\nwhen there is\nrisk of harm to\ninnocent person.\n\n\fexercise that right without risk of harm to an innocent person, his right of private defence\nextends to the running of that risk.\nIllustration.\nA is attacked by a mob who attempt to murder him. He cannot effectually exercise his\nright of private defence without firing on the mob, and he cannot fire without risk of harming\nyoung children who are mingled with the mob. A commits no offence if by so firing he harms\nany of the children.\nCHAPTER IV\nOF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT\nof abetment\n45. A person abets the doing of a thing, who—\n(a) instigates any person to do that thing; or\n\nAbetment of a\nthing.\n\n(b) engages with one or more other person or persons in any conspiracy for the\ndoing of that thing, if an act or illegal omission takes place in pursuance of that\nconspiracy, and in order to the doing of that thing; or\n(c) intentionally aids, by any act or illegal omission, the doing of that thing.\nExplanation 1.—A person who, by wilful misrepresentation, or by wilful concealment\nof a material fact which he is bound to disclose, voluntarily causes or procures, or attempts\nto cause or procure, a thing to be done, is said to instigate the doing of that thing.\nIllustration.\nA, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing\nthat fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally\ncauses A to apprehend C. Here B abets by instigation the apprehension of C.\nExplanation 2.—Whoever, either prior to or at the time of the commission of an act,\ndoes anything in order to facilitate the commission of that act, and thereby facilitates the\ncommission thereof, is said to aid the doing of that act.\n46. A person abets an offence, who abets either the commission of an offence, or the Abettor.\ncommission of an act which would be an offence, if committed by a person capable by law of\ncommitting an offence with the same intention or knowledge as that of the abettor.\nExplanation 1.—The abetment of the illegal omission of an act may amount to an\noffence although the abettor may not himself be bound to do that act.\nExplanation 2.—To constitute the offence of abetment it is not necessary that the act\nabetted should be committed, or that the effect requisite to constitute the offence should be\ncaused.\nIllustrations.\n(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit\nmurder.\n(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers\nfrom the wound. A is guilty of instigating B to commit murder.\nExplanation 3.—It is not necessary that the person abetted should be capable by law\nof committing an offence, or that he should have the same guilty intention or knowledge as\nthat of the abettor, or any guilty intention or knowledge.\n\n\fIllustrations.\n(a) A, with a guilty intention, abets a child or a person of unsound mind to commit an\nact which would be an offence, if committed by a person capable by law of committing an\noffence, and having the same intention as A. Here A, whether the act be committed or not, is\nguilty of abetting an offence.\n(b) A, with the intention of murdering Z, instigates B, a child under seven years of age,\nto do an act which causes Z’s death. B, in consequence of the abetment, does the act in the\nabsence of A and thereby causes Z’s death. Here, though B was not capable by law of\ncommitting an offence, A is liable to be punished in the same manner as if B had been capable\nby law of committing an offence, and had committed murder, and he is therefore subject to\nthe punishment of death.\n(c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness\nof mind, being incapable of knowing the nature of the act, or that he is doing what is wrong\nor contrary to law, sets fire to the house in consequence of A’s instigation. B has committed\nno offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is\nliable to the punishment provided for that offence.\n(d) A, intending to cause a theft to be committed, instigates B to take property belonging\nto Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the\nproperty out of Z’s possession, in good faith, believing it to be A’s property. B, acting under\nthis misconception, does not take dishonestly, and therefore does not commit theft. But A is\nguilty of abetting theft, and is liable to the same punishment as if B had committed theft.\nExplanation 4.—The abetment of an offence being an offence, the abetment of such\nan abetment is also an offence.\nIllustration.\nA instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and\nC commits that offence in consequence of B’s instigation. B is liable to be punished for his\noffence with the punishment for murder; and, as A instigated B to commit the offence, A is\nalso liable to the same punishment.\nExplanation 5.—It is not necessary to the commission of the offence of abetment by\nconspiracy that the abettor should concert the offence with the person who commits it. It is\nsufficient if he engages in the conspiracy in pursuance of which the offence is committed.\nIllustration.\nA concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison.\nB then explains the plan to C mentioning that a third person is to administer the poison, but\nwithout mentioning A’s name. C agrees to procure the poison, and procures and delivers it to\nB for the purpose of its being used in the manner explained. A administers the poison; Z dies\nin consequence. Here, though A and C have not conspired together, yet C has been engaged\nin the conspiracy in pursuance of which Z has been murdered. C has therefore committed the\noffence defined in this section and is liable to the punishment for murder.\nAbetment in\nIndia of\noffences\noutside India.\n\n47. A person abets an offence within the meaning of this Sanhita who, in India, abets\nthe commission of any act without and beyond India which would constitute an offence if\ncommitted in India.\nIllustration.\nA, in India, instigates B, a foreigner in country X, to commit a murder in that country,\nA is guilty of abetting murder.\n\nAbetment\noutside India\nfor offence in\nIndia.\n\n48. A person abets an offence within the meaning of this Sanhita who, without and\nbeyond India, abets the commission of any act in India which would constitute an offence if\ncommitted in India.\n\n\fIllustration.\nA, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.\n49. Whoever abets any offence shall, if the act abetted is committed in consequence of\nthe abetment, and no express provision is made by this Sanhita for the punishment of such\nabetment, be punished with the punishment provided for the offence.\nExplanation.—An act or offence is said to be committed in consequence of abetment,\nwhen it is committed in consequence of the instigation, or in pursuance of the conspiracy, or\nwith the aid which constitutes the abetment.\nIllustrations.\n\nPunishment of\nabetment if\nact abetted is\ncommitted in\nconsequence\nand where no\nexpress\nprovision is\nmade for its\npunishment.\n\n(a) A instigates B to give false evidence. B, in consequence of the instigation, commits\nthat offence. A is guilty of abetting that offence, and is liable to the same punishment as B.\n(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the\npoison and delivers it to B in order that he may administer it to Z. B, in pursuance of the\nconspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here\nB is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the\npunishment for murder.\n50. Whoever abets the commission of an offence shall, if the person abetted does the\nact with a different intention or knowledge from that of the abettor, be punished with the\npunishment provided for the offence which would have been committed if the act had been\ndone with the intention or knowledge of the abettor and with no other.\n\nPunishment of\nabetment if\nperson abetted\ndoes act with\ndifferent\nintention\nfrom that of\nabettor.\n\n51. When an act is abetted and a different act is done, the abettor is liable for the act Liability of\nabettor when\ndone, in the same manner and to the same extent as if he had directly abetted it:\none act\n\nProvided that the act done was a probable consequence of the abetment, and was abetted and\ncommitted under the influence of the instigation, or with the aid or in pursuance of the different act\ndone.\nconspiracy which constituted the abetment.\nIllustrations.\n(a) A instigates a child to put poison into the food of Z, and gives him poison for that\npurpose. The child, in consequence of the instigation, by mistake puts the poison into the\nfood of Y, which is by the side of that of Z. Here, if the child was acting under the influence\nof A’s instigation, and the act done was under the circumstances a probable consequence of\nthe abetment, A is liable in the same manner and to the same extent as if he had instigated the\nchild to put the poison into the food of Y.\n(b) A instigates B to burn Z’s house, B sets fire to the house and at the same time\ncommits theft of property there. A, though guilty of abetting the burning of the house, is not\nguilty of abetting the theft; for the theft was a distinct act, and not a probable consequence\nof the burning.\n(c) A instigates B and C to break into an inhabited house at midnight for the purpose of\nrobbery, and provides them with arms for that purpose. B and C break into the house, and\nbeing resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable\nconsequence of the abetment, A is liable to the punishment provided for murder.\n52. If the act for which the abettor is liable under section 51 is committed in addition to\nthe act abetted, and constitute a distinct offence, the abettor is liable to punishment for each\nof the offences.\n\nAbettor when\nliable to\ncumulative\npunishment\nfor act abetted\nand for act\ndone.\n\n\fIllustration.\nA instigates B to resist by force a distress made by a public servant. B, in consequence,\nresists that distress. In offering the resistance, B voluntarily causes grievous hurt to the\nofficer executing the distress. As B has committed both the offence of resisting the distress,\nand the offence of voluntarily causing grievous hurt, B is liable to punishment for both these\noffences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the\ndistress, A will also be liable to punishment for each of the offences.\nLiability of\nabettor for an\neffect caused\nby act abetted\ndifferent from\nthat intended\nby abettor.\n\n53. When an act is abetted with the intention on the part of the abettor of causing a\nparticular effect, and an act for which the abettor is liable in consequence of the abetment,\ncauses a different effect from that intended by the abettor, the abettor is liable for the effect\ncaused, in the same manner and to the same extent as if he had abetted the act with the\nintention of causing that effect, provided he knew that the act abetted was likely to cause\nthat effect.\nIllustration.\nA instigates B to cause grievous hurt to Z. B, in consequence of the instigation,\ncauses grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt\nabetted was likely to cause death, A is liable to be punished with the punishment provided\nfor murder.\n\nAbettor\npresent when\noffence is\ncommitted.\n\n54. Whenever any person, who is absent would be liable to be punished as an abettor,\nis present when the act or offence for which he would be punishable in consequence of the\nabetment is committed, he shall be deemed to have committed such act or offence.\n\nAbetment of\noffence\npunishable\nwith death or\nimprisonment\nfor life.\n\n55. Whoever abets the commission of an offence punishable with death or\nimprisonment for life, shall, if that offence be not committed in consequence of the abetment,\nand no express provision is made under this Sanhita for the punishment of such abetment, be\npunished with imprisonment of either description for a term which may extend to seven\nyears, and shall also be liable to fine; and if any act for which the abettor is liable in consequence\nof the abetment, and which causes hurt to any person, is done, the abettor shall be liable to\nimprisonment of either description for a term which may extend to fourteen years, and shall\nalso be liable to fine.\nIllustration.\nA instigates B to murder Z. The offence is not committed. If B had murdered Z, he\nwould have been subject to the punishment of death or imprisonment for life. Therefore, A is\nliable to imprisonment for a term which may extend to seven years and also to a fine; and if\nany hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for\na term which may extend to fourteen years, and to fine.\n\nAbetment of\noffence\npunishable\nwith\nimprisonment.\n\n56. Whoever abets an offence punishable with imprisonment shall, if that offence be\nnot committed in consequence of the abetment, and no express provision is made under this\nSanhita for the punishment of such abetment, be punished with imprisonment of any\ndescription provided for that offence for a term which may extend to one-fourth part of the\nlongest term provided for that offence; or with such fine as is provided for that offence, or\nwith both; and if the abettor or the person abetted is a public servant, whose duty it is to\nprevent the commission of such offence, the abettor shall be punished with imprisonment of\nany description provided for that offence, for a term which may extend to one-half of the\nlongest term provided for that offence, or with such fine as is provided for the offence, or\nwith both.\nIllustrations.\n(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has\nnevertheless committed the offence defined in this section, and is punishable accordingly.\n\n\f(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of\nrobbery. Here, though the robbery be not committed, A is liable to one-half of the longest\nterm of imprisonment provided for that offence, and also to fine.\n(c) B abets the commission of a robbery by A, a police officer, whose duty it is to\nprevent that offence. Here, though the robbery be not committed, B is liable to one-half of the\nlongest term of imprisonment provided for the offence of robbery, and also to fine.\n57. Whoever abets the commission of an offence by the public generally or by any\nnumber or class of persons exceeding ten, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years and with fine.\nIllustration.\n\nAbetting\ncommission of\noffence by\npublic or by\nmore than ten\npersons.\n\nA affixes in a public place a placard instigating a sect consisting of more than ten\nmembers to meet at a certain time and place, for the purpose of attacking the members of an\nadverse sect, while engaged in a procession. A has committed the offence defined in this\nsection.\n58. Whoever intending to facilitate or knowing it to be likely that he will thereby\nfacilitate the commission of an offence punishable with death or imprisonment for life,\nvoluntarily conceals by any act or omission, or by the use of encryption or any other\ninformation hiding tool, the existence of a design to commit such offence or makes any\nrepresentation which he knows to be false respecting such design shall,––\n(a) if that offence be committed, be punished with imprisonment of either\ndescription for a term which may extend to seven years; or\n\nConcealing\ndesign to\ncommit\noffence\npunishable\nwith death or\nimprisonment\nfor life.\n\n(b) if the offence be not committed, with imprisonment of either description, for\na term which may extend to three years,\nand shall also be liable to fine.\nIllustration.\nA, knowing that dacoity is about to be committed at B, falsely informs the Magistrate\nthat a dacoity is about to be committed at C, a place in an opposite direction, and thereby\nmisleads the Magistrate with intent to facilitate the commission of the offence. The dacoity\nis committed at B in pursuance of the design. A is punishable under this section.\n59. Whoever, being a public servant, intending to facilitate or knowing it to be likely\nthat he will thereby facilitate the commission of an offence which it is his duty as such public\nservant to prevent, voluntarily conceals, by any act or omission or by the use of encryption\nor any other information hiding tool, the existence of a design to commit such offence, or\nmakes any representation which he knows to be false respecting such design shall,––\n(a) if the offence be committed, be punished with imprisonment of any description\nprovided for the offence, for a term which may extend to one-half of the longest term of\nsuch imprisonment, or with such fine as is provided for that offence, or with both; or\n(b) if the offence be punishable with death or imprisonment for life, with\nimprisonment of either description for a term which may extend to ten years; or\n(c) if the offence be not committed, shall be punished with imprisonment of any\ndescription provided for the offence for a term which may extend to one-fourth part of\nthe longest term of such imprisonment or with such fine as is provided for the offence,\nor with both.\nIllustration.\nA, an officer of police, being legally bound to give information of all designs to commit\nrobbery which may come to his knowledge, and knowing that B designs to commit robbery,\nomits to give such information, with intent to so facilitate the commission of that offence.\n\nPublic servant\nconcealing\ndesign to\ncommit\noffence which\nit is his duty\nto prevent.\n\n\fHere A has by an illegal omission concealed the existence of B’s design, and is liable to\npunishment according to the provision of this section.\nConcealing\ndesign to\ncommit\noffence\npunishable\nwith\nimprisonment.\n\n60. Whoever, intending to facilitate or knowing it to be likely that he will thereby\nfacilitate the commission of an offence punishable with imprisonment, voluntarily conceals,\nby any act or illegal omission, the existence of a design to commit such offence, or makes any\nrepresentation which he knows to be false respecting such design shall,––\n(a) if the offence be committed, be punished with imprisonment of the description\nprovided for the offence, for a term which may extend to one-fourth; and\n(b) if the offence be not committed, to one-eighth,\nof the longest term of such imprisonment, or with such fine as is provided for the offence, or\nwith both.\nOf criminal conspiracy\n\nCriminal\nconspiracy.\n\n61. (1) When two or more persons agree with the common object to do, or cause to be\ndone––\n(a) an illegal act; or\n(b) an act which is not illegal by illegal means, such an agreement is designated\na criminal conspiracy:\nProvided that no agreement except an agreement to commit an offence shall amount to\na criminal conspiracy unless some act besides the agreement is done by one or more parties\nto such agreement in pursuance thereof.\nExplanation.—It is immaterial whether the illegal act is the ultimate object of such\nagreement, or is merely incidental to that object.\n(2) Whoever is a party to a criminal conspiracy,––\n(a) to commit an offence punishable with death, imprisonment for life or rigorous\nimprisonment for a term of two years or upwards, shall, where no express provision is\nmade in this Sanhita for the punishment of such a conspiracy, be punished in the same\nmanner as if he had abetted such offence;\n(b) other than a criminal conspiracy to commit an offence punishable as aforesaid\nshall be punished with imprisonment of either description for a term not exceeding six\nmonths, or with fine or with both.\nOf attempt\n\nPunishment for\nattempting to\ncommit\noffences\npunishable with\nimprisonment\nfor life or\nother\nimprisonment.\n\n62. Whoever attempts to commit an offence punishable by this Sanhita with\nimprisonment for life or imprisonment, or to cause such an offence to be committed, and in\nsuch attempt does any act towards the commission of the offence, shall, where no express\nprovision is made by this Sanhita for the punishment of such attempt, be punished with\nimprisonment of any description provided for the offence, for a term which may extend to\none-half of the imprisonment for life or, as the case may be, one-half of the longest term of\nimprisonment provided for that offence, or with such fine as is provided for the offence, or\nwith both.\nIllustrations.\n(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so\nopening the box, that there is no jewel in it. He has done an act towards the commission of\ntheft, and therefore is guilty under this section.\n(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A\nfails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this\nsection.\n\n\fCHAPTERV\nOF OFFENCES AGAINST WOMAN AND CHILD\nOf sexual offences\n63. A man is said to commit “rape” if he—\n\nRape.\n\n(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of\na woman or makes her to do so with him or any other person; or\n(b) inserts, to any extent, any object or a part of the body, not being the penis,\ninto the vagina, the urethra or anus of a woman or makes her to do so with him or any\nother person; or\n(c) manipulates any part of the body of a woman so as to cause penetration into\nthe vagina, urethra, anus or any part of body of such woman or makes her to do so with\nhim or any other person; or\n(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do\nso with him or any other person,\nunder the circumstances falling under any of the following seven descriptions:—\n(i) against her will;\n(ii) without her consent;\n(iii) with her consent, when her consent has been obtained by putting her or\nany person in whom she is interested, in fear of death or of hurt;\n(iv) with her consent, when the man knows that he is not her husband and that\nher consent is given because she believes that he is another man to whom she is or\nbelieves herself to be lawfully married;\n(v) with her consent when, at the time of giving such consent, by reason of\nunsoundness of mind or intoxication or the administration by him personally or through\nanother of any stupefying or unwholesome substance, she is unable to understand\nthe nature and consequences of that to which she gives consent;\n(vi) with or without her consent, when she is under eighteen years of age;\n(vii) when she is unable to communicate consent.\nExplanation 1.—For the purposes of this section, “vagina” shall also include labia\nmajora.\nExplanation 2.—Consent means an unequivocal voluntary agreement when the woman\nby words, gestures or any form of verbal or non-verbal communication, communicates\nwillingness to participate in the specific sexual act:\nProvided that a woman who does not physically resist to the act of penetration shall\nnot by the reason only of that fact, be regarded as consenting to the sexual activity.\nException 1.––A medical procedure or intervention shall not constitute rape.\nException 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife\nnot being under eighteen years of age, is not rape.\n64. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, Punishment\nshall be punished with rigorous imprisonment of either description for a term which shall not for rape.\nbe less than ten years, but which may extend to imprisonment for life, and shall also be liable\nto fine.\n(2) Whoever,—\n(a) being a police officer, commits rape,—\n\n\f(i) within the limits of the police station to which such police officer is\nappointed; or\n(ii) in the premises of any station house; or\n(iii) on a woman in such police officer’s custody or in the custody of a\npolice officer subordinate to such police officer; or\n(b) being a public servant, commits rape on a woman in such public servant’s\ncustody or in the custody of a public servant subordinate to such public servant; or\n(c) being a member of the armed forces deployed in an area by the Central\nGovernment or a State Government commits rape in such area; or\n(d) being on the management or on the staff of a jail, remand home or other place\nof custody established by or under any law for the time being in force or of a women’s\nor children’s institution, commits rape on any inmate of such jail, remand home, place\nor institution; or\n(e) being on the management or on the staff of a hospital, commits rape on a\nwoman in that hospital; or\n(f) being a relative, guardian or teacher of, or a person in a position of trust or\nauthority towards the woman, commits rape on such woman; or\n(g) commits rape during communal or sectarian violence; or\n(h) commits rape on a woman knowing her to be pregnant; or\n(i) commits rape, on a woman incapable of giving consent; or\n(j) being in a position of control or dominance over a woman, commits rape on\nsuch woman; or\n(k) commits rape on a woman suffering from mental or physical disability; or\n(l) while committing rape causes grievous bodily harm or maims or disfigures or\nendangers the life of a woman; or\n(m) commits rape repeatedly on the same woman,\nshall be punished with rigorous imprisonment for a term which shall not be less than ten\nyears, but which may extend to imprisonment for life, which shall mean imprisonment for the\nremainder of that person’s natural life, and shall also be liable to fine.\nExplanation.—For the purposes of this sub-section,—\n(a) “armed forces” means the naval, army and air forces and includes any member\nof the Armed Forces constituted under any law for the time being in force, including\nthe paramilitary forces and any auxiliary forces that are under the control of the Central\nGovernment or the State Government;\n(b) “hospital” means the precincts of the hospital and includes the precincts of\nany institution for the reception and treatment of persons during convalescence or of\npersons requiring medical attention or rehabilitation;\n(c) “police officer” shall have the same meaning as assigned to the expression\n5 of 1861.\n“police” under the Police Act, 1861;\n(d) “women’s or children’s institution” means an institution, whether called an\norphanage or a home for neglected women or children or a widow’s home or an\ninstitution called by any other name, which is established and maintained for the\nreception and care of women or children.\n\n\f65. (1) Whoever, commits rape on a woman under sixteen years of age shall be Punishment\npunished with rigorous imprisonment for a term which shall not be less than twenty years, for rape in\ncertain cases.\nbut which may extend to imprisonment for life, which shall mean imprisonment for the\nremainder of that person’s natural life, and shall also be liable to fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses and\nrehabilitation of the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the\nvictim.\n(2) Whoever, commits rape on a woman under twelve years of age shall be punished\nwith rigorous imprisonment for a term which shall not be less than twenty years, but which\nmay extend to imprisonment for life, which shall mean imprisonment for the remainder of that\nperson’s natural life, and with fine or with death:\nProvided that such fine shall be just and reasonable to meet the medical expenses and\nrehabilitation of the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the\nvictim.\n66. Whoever, commits an offence punishable under sub-section (1) or sub-section (2)\nof section 64 and in the course of such commission inflicts an injury which causes the death\nof the woman or causes the woman to be in a persistent vegetative state, shall be punished\nwith rigorous imprisonment for a term which shall not be less than twenty years, but which\nmay extend to imprisonment for life, which shall mean imprisonment for the remainder of that\nperson’s natural life, or with death.\n\nPunishment for\ncausing death\nor resulting in\npersistent\nvegetative\nstate of victim.\n\n67. Whoever has sexual intercourse with his own wife, who is living separately, whether\nunder a decree of separation or otherwise, without her consent, shall be punished with\nimprisonment of either description for a term which shall not be less than two years but\nwhich may extend to seven years, and shall also be liable to fine.\n\nSexual\nintercourse by\nhusband upon\nhis wife during\nseparation.\n\nExplanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned\nin clauses (a) to (d) of section 63.\n68. Whoever, being—\n(a) in a position of authority or in a fiduciary relationship; or\n(b) a public servant; or\n(c) superintendent or manager of a jail, remand home or other place of custody\nestablished by or under any law for the time being in force, or a women’s or children’s\ninstitution; or\n(d) on the management of a hospital or being on the staff of a hospital,\nabuses such position or fiduciary relationship to induce or seduce any woman either in his\ncustody or under his charge or present in the premises to have sexual intercourse with him,\nsuch sexual intercourse not amounting to the offence of rape, shall be punished with rigorous\nimprisonment of either description for a term which shall not be less than five years, but\nwhich may extend to ten years, and shall also be liable to fine.\nExplanation 1.—In this section, “sexual intercourse” shall mean any of the acts\nmentioned in clauses (a) to (d) of section 63.\nExplanation 2.—For the purposes of this section, Explanation 1 to section 63 shall\nalso be applicable.\nExplanation 3.—“Superintendent”, in relation to a jail, remand home or other place of\ncustody or a women’s or children’s institution, includes a person holding any other office in\nsuch jail, remand home, place or institution by virtue of which such person can exercise any\nauthority or control over its inmates.\n\nSexual\nintercourse by\na person in\nauthority.\n\n\fExplanation 4.—The expressions “hospital” and “women’s or children’s institution”\nshall respectively have the same meanings as in clauses (b) and (d) of the Explanation to\nsub-section (2) of section 64.\nSexual\nintercourse\nby employing\ndeceitful\nmeans, etc.\n\n69. Whoever, by deceitful means or by making promise to marry to a woman without\nany intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse\nnot amounting to the offence of rape, shall be punished with imprisonment of either\ndescription for a term which may extend to ten years and shall also be liable to fine.\nExplanation.—“deceitful means” shall include inducement for, or false promise of\nemployment or promotion, or marrying by suppressing identity.\n\nGang rape.\n\n70. (1) Where a woman is raped by one or more persons constituting a group or acting\nin furtherance of a common intention, each of those persons shall be deemed to have committed\nthe offence of rape and shall be punished with rigorous imprisonment for a term which shall\nnot be less than twenty years, but which may extend to imprisonment for life which shall\nmean imprisonment for the remainder of that person’s natural life, and with fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses and\nrehabilitation of the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the\nvictim.\n(2) Where a woman under eighteen years of age is raped by one or more persons\nconstituting a group or acting in furtherance of a common intention, each of those persons\nshall be deemed to have committed the offence of rape and shall be punished with\nimprisonment for life, which shall mean imprisonment for the remainder of that person’s\nnatural life, and with fine, or with death:\nProvided that such fine shall be just and reasonable to meet the medical expenses and\nrehabilitation of the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the\nvictim.\n\nPunishment\nfor repeat\noffenders.\n\n71. Whoever has been previously convicted of an offence punishable under\nsection 64 or section 65 or section 66 or section 70 and is subsequently convicted of an\noffence punishable under any of the said sections shall be punished with imprisonment for\nlife which shall mean imprisonment for the remainder of that person’s natural life, or with\ndeath.\n\nDisclosure of\nidentity of\nvictim of\ncertain\noffences, etc.\n\n72. (1) Whoever prints or publishes the name or any matter which may make known\nthe identity of any person against whom an offence under section 64 or section 65 or\nsection 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or\nfound to have been committed (hereafter in this section referred to as the victim) shall be\npunished with imprisonment of either description for a term which may extend to two years\nand shall also be liable to fine.\n(2) Nothing in sub-section (1) extends to any printing or publication of the name or\nany matter which may make known the identity of the victim if such printing or publication\nis—\n(a) by or under the order in writing of the officer-in-charge of the police station\nor the police officer making the investigation into such offence acting in good faith for\nthe purposes of such investigation; or\n(b) by, or with the authorisation in writing of, the victim; or\n(c) where the victim is dead or a child or of unsound mind, by, or with the\nauthorisation in writing of, the next of kin of the victim:\nProvided that no such authorisation shall be given by the next of kin to anybody other\nthan the chairman or the secretary, by whatever name called, of any recognised welfare\ninstitution or organisation.\n\n\fExplanation.—For the purposes of this sub-section, “recognised welfare institution\nor organisation” means a social welfare institution or organisation recognised in this behalf\nby the Central Government or the State Government.\n73. Whoever prints or publishes any matter in relation to any proceeding before a\nCourt with respect to an offence referred to in section 72 without the previous permission of\nsuch Court shall be punished with imprisonment of either description for a term which may\nextend to two years and shall also be liable to fine.\nExplanation.—The printing or publication of the judgment of any High Court or the\nSupreme Court does not amount to an offence within the meaning of this section.\n\nPrinting or\npublishing any\nmatter\nrelating to\nCourt\nproceedings\nwithout\npermission.\n\nOf criminal force and assault against woman\n74. Whoever assaults or uses criminal force to any woman, intending to outrage or\nknowing it to be likely that he will thereby outrage her modesty, shall be punished with\nimprisonment of either description for a term which shall not be less than one year but which\nmay extend to five years, and shall also be liable to fine.\n75. (1) A man committing any of the following acts:—\n(i) physical contact and advances involving unwelcome and explicit sexual\novertures; or\n\nAssault or use\nof criminal\nforce to\nwoman with\nintent to\noutrage her\nmodesty.\nSexual\nharassment.\n\n(ii) a demand or request for sexual favours; or\n(iii) showing pornography against the will of a woman; or\n(iv) making sexually coloured remarks,\nshall be guilty of the offence of sexual harassment.\n(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii)\nof sub-section (1) shall be punished with rigorous imprisonment for a term which may extend\nto three years, or with fine, or with both.\n(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall\nbe punished with imprisonment of either description for a term which may extend to one year,\nor with fine, or with both.\n76. Whoever assaults or uses criminal force to any woman or abets such act with the\nintention of disrobing or compelling her to be naked, shall be punished with imprisonment of\neither description for a term which shall not be less than three years but which may extend to\nseven years, and shall also be liable to fine.\n\nAssault or use\nof criminal\nforce to\nwoman with\nintent to\ndisrobe.\n\n77. Whoever watches, or captures the image of a woman engaging in a private act in Voyeurism.\ncircumstances where she would usually have the expectation of not being observed either\nby the perpetrator or by any other person at the behest of the perpetrator or disseminates\nsuch image shall be punished on first conviction with imprisonment of either description for\na term which shall not be less than one year, but which may extend to three years, and shall\nalso be liable to fine, and be punished on a second or subsequent conviction, with imprisonment\nof either description for a term which shall not be less than three years, but which may extend\nto seven years, and shall also be liable to fine.\nExplanation 1.—For the purposes of this section, “private act” includes an act of\nwatching carried out in a place which, in the circumstances, would reasonably be expected to\nprovide privacy and where the victim’s genitals, posterior or breasts are exposed or covered\nonly in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is\nnot of a kind ordinarily done in public.\n\n\fExplanation 2.—Where the victim consents to the capture of the images or any act,\nbut not to their dissemination to third persons and where such image or act is disseminated,\nsuch dissemination shall be considered an offence under this section.\nStalking.\n\n78. (1) Any man who—\n(i) follows a woman and contacts, or attempts to contact such woman to foster\npersonal interaction repeatedly despite a clear indication of disinterest by such woman; or\n(ii) monitors the use by a woman of the internet, e-mail or any other form of\nelectronic communication,\ncommits the offence of stalking:\nProvided that such conduct shall not amount to stalking if the man who pursued it\nproves that—\n(i) it was pursued for the purpose of preventing or detecting crime and the man\naccused of stalking had been entrusted with the responsibility of prevention and\ndetection of crime by the State; or\n(ii) it was pursued under any law or to comply with any condition or requirement\nimposed by any person under any law; or\n(iii) in the particular circumstances such conduct was reasonable and justified.\n(2) Whoever commits the offence of stalking shall be punished on first conviction with\nimprisonment of either description for a term which may extend to three years, and shall also\nbe liable to fine; and be punished on a second or subsequent conviction, with imprisonment\nof either description for a term which may extend to five years, and shall also be liable to fine.\n\nWord, gesture\nor act\nintended to\ninsult modesty\nof a woman.\n\n79. Whoever, intending to insult the modesty of any woman, utters any words, makes\nany sound or gesture, or exhibits any object in any form, intending that such word or sound\nshall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon\nthe privacy of such woman, shall be punished with simple imprisonment for a term which may\nextend to three years, and also with fine.\nOf offences relating to marriage\n\nDowry death.\n\n80. (1) Where the death of a woman is caused by any burns or bodily injury or occurs\notherwise than under normal circumstances within seven years of her marriage and it is\nshown that soon before her death she was subjected to cruelty or harassment by her husband\nor any relative of her husband for, or in connection with, any demand for dowry, such death\nshall be called “dowry death”, and such husband or relative shall be deemed to have caused\nher death.\nExplanation.—For the purposes of this sub-section, “dowry” shall have the same\nmeaning as in section 2 of the Dowry Prohibition Act, 1961.\n(2) Whoever commits dowry death shall be punished with imprisonment for a term\nwhich shall not be less than seven years but which may extend to imprisonment for life.\n\nCohabitation\ncaused by man\ndeceitfully\ninducing\nbelief of lawful\nmarriage.\n\n81. Every man who by deceit causes any woman who is not lawfully married to him to\nbelieve that she is lawfully married to him and to cohabit or have sexual intercourse with him\nin that belief, shall be punished with imprisonment of either description for a term which may\nextend to ten years, and shall also be liable to fine.\n\nMarrying\nagain during\nlifetime of\nhusband or\nwife.\n\n82. (1) Whoever, having a husband or wife living, marries in any case in which such\nmarriage is void by reason of its taking place during the life of such husband or wife, shall be\npunished with imprisonment of either description for a term which may extend to seven\nyears, and shall also be liable to fine.\nException.—This sub-section does not extend to any person whose marriage with\nsuch husband or wife has been declared void by a Court of competent jurisdiction, nor to\nany person who contracts a marriage during the life of a former husband or wife, if such\nhusband or wife, at the time of the subsequent marriage, shall have been continually absent\n\n28 of 1961.\n\n\ffrom such person for the space of seven years, and shall not have been heard of by such\nperson as being alive within that time provided the person contracting such subsequent\nmarriage shall, before such marriage takes place, inform the person with whom such marriage\nis contracted of the real state of facts so far as the same are within his or her knowledge.\n(2) Whoever commits the offence under sub-section (1) having concealed from the\nperson with whom the subsequent marriage is contracted, the fact of the former marriage,\nshall be punished with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.\n83. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony\nof being married, knowing that he is not thereby lawfully married, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also\nbe liable to fine.\n\nMarriage\nceremony\nfraudulently\ngone through\nwithout lawful\nmarriage.\n\n84. Whoever takes or entices away any woman who is and whom he knows or has\nreason to believe to be the wife of any other man, with intent that she may have illicit\nintercourse with any person, or conceals or detains with that intent any such woman, shall\nbe punished with imprisonment of either description for a term which may extend to two\nyears, or with fine, or with both.\n\nEnticing or\ntaking away or\ndetaining with\ncriminal\nintent a\nmarried\nwoman.\n\n85. Whoever, being the husband or the relative of the husband of a woman, subjects\nsuch woman to cruelty shall be punished with imprisonment for a term which may extend to\nthree years and shall also be liable to fine.\n\nHusband or\nrelative of\nhusband of a\nwoman\nsubjecting her\nto cruelty.\n\n86. For the purposes of section 85, “cruelty” means—\n(a) any wilful conduct which is of such a nature as is likely to drive the woman\nto commit suicide or to cause grave injury or danger to life, limb or health (whether\nmental or physical) of the woman; or\n\nCruelty\ndefined.\n\n(b) harassment of the woman where such harassment is with a view to coercing\nher or any person related to her to meet any unlawful demand for any property or\nvaluable security or is on account of failure by her or any person related to her to meet\nsuch demand.\n87. Whoever kidnaps or abducts any woman with intent that she may be compelled, or\nknowing it to be likely that she will be compelled, to marry any person against her will, or in\norder that she may be forced or seduced to illicit intercourse, or knowing it to be likely that\nshe will be forced or seduced to illicit intercourse, shall be punished with imprisonment of\neither description for a term which may extend to ten years, and shall also be liable to fine;\nand whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of\nauthority or any other method of compulsion, induces any woman to go from any place with\nintent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit\nintercourse with another person shall also be punishable as aforesaid.\n\nKidnapping,\nabducting or\ninducing\nwoman to\ncompel her\nmarriage, etc.\n\nOf causing miscarriage, etc.\n88. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage Causing\nbe not caused in good faith for the purpose of saving the life of the woman, be punished with miscarriage.\nimprisonment of either description for a term which may extend to three years, or with fine, or\nwith both; and, if the woman be quick with child, shall be punished with imprisonment of\neither description for a term which may extend to seven years, and shall also be liable to fine.\nExplanation.—A woman who causes herself to miscarry, is within the meaning of this\nsection.\n\n\fCausing\n89. Whoever commits the offence under section 88 without the consent of the woman,\nmiscarriage\nwhether the woman is quick with child or not, shall be punished with imprisonment for life, or\nwithout woman's\nwith imprisonment of either description for a term which may extend to ten years, and shall\nconsent.\n\nalso be liable to fine.\n90. (1) Whoever, with intent to cause the miscarriage of a woman with child, does any\nact which causes the death of such woman, shall be punished with imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\n(2) Where the act referred to in sub-section (1) is done without the consent of the\nwoman, shall be punishable either with imprisonment for life, or with the punishment specified\nin said sub-section.\nExplanation.—It is not essential to this offence that the offender should know that\nthe act is likely to cause death.\nAct done with\n91. Whoever before the birth of any child does any act with the intention of thereby\nintent to\npreventing that child from being born alive or causing it to die after its birth, and does by\nprevent child\nsuch act prevent that child from being born alive, or causes it to die after its birth, shall, if\nbeing born\nsuch act be not caused in good faith for the purpose of saving the life of the mother, be\nalive or to\ncause to die\npunished with imprisonment of either description for a term which may extend to ten years,\nafter birth.\nor with fine, or with both.\nCausing death\n92. Whoever does any act under such circumstances, that if he thereby caused death\nof quick\nhe\nwould\nbe guilty of culpable homicide, and does by such act cause the death of a quick\nunborn child\nby act\nunborn child, shall be punished with imprisonment of either description for a term which may\namounting to\nextend to ten years, and shall also be liable to fine.\nculpable\nhomicide.\nIllustration.\nA, knowing that he is likely to cause the death of a pregnant woman, does an act\nwhich, if it caused the death of the woman, would amount to culpable homicide. The woman\nis injured, but does not die; but the death of an unborn quick child with which she is\npregnant is thereby caused. A is guilty of the offence defined in this section.\nOf offences against child\n93. Whoever being the father or mother of a child under the age of twelve years, or\nExposure and\nabandonment\nhaving the care of such child, shall expose or leave such child in any place with the intention\nof child under\nof wholly abandoning such child, shall be punished with imprisonment of either description\ntwelve years\nfor a term which may extend to seven years, or with fine, or with both.\nof age, by\nparent or\nExplanation.—This section is not intended to prevent the trial of the offender for\nperson having murder or culpable homicide, as the case may be, if the child die in consequence of the\ncare of it.\nexposure.\nConcealment\n94. Whoever, by secretly burying or otherwise disposing of the dead body of a child\nof birth by\nwhether such child die before or after or during its birth, intentionally conceals or endeavours\nsecret disposal\nto conceal the birth of such child, shall be punished with imprisonment of either description\nof dead body.\nfor a term which may extend to two years, or with fine, or with both.\n95. Whoever hires, employs or engages any child to commit an offence shall be\nHiring,\nemploying or\npunished with imprisonment of either description which shall not be less than three years\nengaging a\nbut which may extend to ten years, and with fine; and if the offence be committed shall also\nchild to\nbe punished with the punishment provided for that offence as if the offence has been\ncommit an\ncommitted by such person himself.\noffence.\nExplanation.—Hiring, employing, engaging or using a child for sexual exploitation or\npornography is covered within the meaning of this section.\nProcuration of\n96. Whoever, by any means whatsoever, induces any child to go from any place or to\nchild.\ndo any act with intent that such child may be, or knowing that it is likely that such child will\nbe, forced or seduced to illicit intercourse with another person shall be punishable with\nimprisonment which may extend to ten years, and shall also be liable to fine.\nKidnapping or\n97. Whoever kidnaps or abducts any child under the age of ten years with the intention\nabducting child\nunder ten years of taking dishonestly any movable property from the person of such child, shall be punished\nof age with\nwith imprisonment of either description for a term which may extend to seven years, and shall\nintent to steal\nalso be liable to fine.\nfrom its\nDeath caused\nby act done\nwith intent to\ncause\nmiscarriage.\n\nperson.\n\n\f98. Whoever sells, lets to hire, or otherwise disposes of any child with intent that such\nchild shall at any age be employed or used for the purpose of prostitution or illicit intercourse\nwith any person or for any unlawful and immoral purpose, or knowing it to be likely that such\nchild will at any age be employed or used for any such purpose, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be\nliable to fine.\n\nSelling child for\npurposes of\nprostitution,\netc.\n\nExplanation 1.—When a female under the age of eighteen years is sold, let for hire, or\notherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the\nperson so disposing of such female shall, until the contrary is proved, be presumed to have\ndisposed of her with the intent that she shall be used for the purpose of prostitution.\nExplanation 2.—For the purposes of this section “illicit intercourse” means sexual\nintercourse between persons not united by marriage or by any union or tie which, though\nnot amounting to a marriage, is recognised by the personal law or custom of the community\nto which they belong or, where they belong to different communities, of both such\ncommunities, as constituting between them a quasi-marital relation.\n99. Whoever buys, hires or otherwise obtains possession of any child with intent that\nsuch child shall at any age be employed or used for the purpose of prostitution or illicit\nintercourse with any person or for any unlawful and immoral purpose, or knowing it to be\nlikely that such child will at any age be employed or used for any such purpose, shall be\npunished with imprisonment of either description for a term which shall not be less than\nseven years but which may extend to fourteen years, and shall also be liable to fine.\n\nBuying child\nfor purposes of\nprostitution,\netc.\n\nExplanation 1.—Any prostitute or any person keeping or managing a brothel, who\nbuys, hires or otherwise obtains possession of a female under the age of eighteen years\nshall, until the contrary is proved, be presumed to have obtained possession of such female\nwith the intent that she shall be used for the purpose of prostitution.\nExplanation 2.—“Illicit intercourse” has the same meaning as in section 98.\nCHAPTER VI\nOF OFFENCES AFFECTING THE HUMAN BODY\nOf offences affecting life\n100. Whoever causes death by doing an act with the intention of causing death, Culpable\nor with the intention of causing such bodily injury as is likely to cause death, or with the homicide.\nknowledge that he is likely by such act to cause death, commits the offence of culpable\nhomicide.\nIllustrations.\n(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with\nthe knowledge that death is likely to be thereby caused. Z, believing the ground to be firm,\ntreads on it, falls in and is killed. A has committed the offence of culpable homicide.\n(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or\nknowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z.\nHere B may be guilty of no offence; but A has committed the offence of culpable homicide.\n(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush;\nA not knowing that he was there. Here, although A was doing an unlawful act, he was not\nguilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act\nthat he knew was likely to cause death.\nExplanation 1.—A person who causes bodily injury to another who is labouring\nunder a disorder, disease or bodily infirmity, and thereby accelerates the death of that other,\nshall be deemed to have caused his death.\n\n\fExplanation 2.—Where death is caused by bodily injury, the person who causes such\nbodily injury shall be deemed to have caused the death, although by resorting to proper\nremedies and skilful treatment the death might have been prevented.\nExplanation 3.—The causing of the death of a child in the mother’s womb is not\nhomicide. But it may amount to culpable homicide to cause the death of a living child, if any\npart of that child has been brought forth, though the child may not have breathed or been\ncompletely born.\nMurder.\n\n101. Except in the cases hereinafter excepted, culpable homicide is murder,––\n(a) if the act by which the death is caused is done with the intention of causing\ndeath; or\n(b) if the act by which the death is caused is done with the intention of causing\nsuch bodily injury as the offender knows to be likely to cause the death of the person\nto whom the harm is caused; or\n(c) if the act by which the death is caused is done with the intention of causing\nbodily injury to any person and the bodily injury intended to be inflicted is sufficient\nin the ordinary course of nature to cause death; or\n(d) if the person committing the act by which the death is caused, knows that it\nis so imminently dangerous that it must, in all probability, cause death, or such bodily\ninjury as is likely to cause death, and commits such act without any excuse for incurring\nthe risk of causing death or such injury as aforesaid.\nIllustrations.\n(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits\nmurder.\n(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause\nhis death, strikes him with the intention of causing bodily injury. Z dies in consequence of\nthe blow. A is guilty of murder, although the blow might not have been sufficient in the\nordinary course of nature to cause the death of a person in a sound state of health. But if A,\nnot knowing that Z is labouring under any disease, gives him such a blow as would not in the\nordinary course of nature kill a person in a sound state of health, here A, although he may\nintend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or\nsuch bodily injury as in the ordinary course of nature would cause death.\n(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of\na man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder,\nalthough he may not have intended to cause Z’s death.\n(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one\nof them. A is guilty of murder, although he may not have had a premeditated design to kill any\nparticular individual.\nException 1.—Culpable homicide is not murder if the offender, whilst deprived of the\npower of self-control by grave and sudden provocation, causes the death of the person who\ngave the provocation or causes the death of any other person by mistake or accident:\nProvided that the provocation is not,––\n(a) sought or voluntarily provoked by the offender as an excuse for killing or\ndoing harm to any person;\n(b) given by anything done in obedience to the law, or by a public servant in the\nlawful exercise of the powers of such public servant;\n(c) given by anything done in the lawful exercise of the right of private defence.\nExplanation.—Whether the provocation was grave and sudden enough to prevent\nthe offence from amounting to murder is a question of fact.\n\n\fIllustrations.\n(a) A, under the influence of passion excited by a provocation given by Z, intentionally\nkills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and\nthe death of the child was not caused by accident or misfortune in doing an act caused by the\nprovocation.\n(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at\nY, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight.\nA kills Z. Here A has not committed murder, but merely culpable homicide.\n(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by\nthe arrest, and kills Z. This is murder, in as much as the provocation was given by a thing\ndone by a public servant in the exercise of his powers.\n(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a\nword of A’s deposition, and that A has perjured himself. A is moved to sudden passion by\nthese words, and kills Z. This is murder.\n(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays\nhold of A to prevent him from doing so. A is moved to sudden and violent passion in\nconsequence, and kills Z. This is murder, in as much as the provocation was giving by a thing\ndone in the exercise of the right of private defence.\n(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending\nto take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that\npurpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A\nis guilty of murder.\nException 2.—Culpable homicide is not murder if the offender in the exercise in good\nfaith of the right of private defence of person or property, exceeds the power given to him by\nlaw and causes the death of the person against whom he is exercising such right of defence\nwithout premeditation, and without any intention of doing more harm than is necessary for\nthe purpose of such defence.\nIllustration.\nZ attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A\ndraws out a pistol. Z persists in the assault. A believing in good faith that he can by no other\nmeans prevent himself from being horsewhipped, shoots Z dead. A has not committed\nmurder, but only culpable homicide.\nException 3.—Culpable homicide is not murder if the offender, being a public servant\nor aiding a public servant acting for the advancement of public justice, exceeds the powers\ngiven to him by law, and causes death by doing an act which he, in good faith, believes to be\nlawful and necessary for the due discharge of his duty as such public servant and without\nill-will towards the person whose death is caused.\nException 4.—Culpable homicide is not murder if it is committed without premeditation\nin a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s\nhaving taken undue advantage or acted in a cruel or unusual manner.\nExplanation.—It is immaterial in such cases which party offers the provocation or\ncommits the first assault.\nException 5.—Culpable homicide is not murder when the person whose death is caused,\nbeing above the age of eighteen years, suffers death or takes the risk of death with his own\nconsent.\nIllustration.\nA, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of\nZ’s youth, he was incapable of giving consent to his own death; A has therefore abetted\nmurder.\n\n\fCulpable\nhomicide by\ncausing death\nof person other\nthan person\nwhose death\nwas intended.\n\n102. If a person, by doing anything which he intends or knows to be likely to cause\ndeath, commits culpable homicide by causing the death of any person, whose death he\nneither intends nor knows himself to be likely to cause, the culpable homicide committed by\nthe offender is of the description of which it would have been if he had caused the death of\nthe person whose death he intended or knew himself to be likely to cause.\n\nPunishment\nfor murder.\n\n103. (1) Whoever commits murder shall be punished with death or imprisonment for\nlife, and shall also be liable to fine.\n(2) When a group of five or more persons acting in concert commits murder on the\nground of race, caste or community, sex, place of birth, language, personal belief or any\nother similar ground each member of such group shall be punished with death or with\nimprisonment for life, and shall also be liable to fine.\n\nPunishment\nfor murder by\nlife-convict.\n\n104. Whoever, being under sentence of imprisonment for life, commits murder, shall be\npunished with death or with imprisonment for life, which shall mean the remainder of that\nperson’s natural life.\n\nPunishment\nfor culpable\nhomicide not\namounting to\nmurder.\n\n105. Whoever commits culpable homicide not amounting to murder, shall be punished\nwith imprisonment for life, or imprisonment of either description for a term which shall not be\nless than five years but which may extend to ten years, and shall also be liable to fine, if the\nact by which the death is caused is done with the intention of causing death, or of causing\nsuch bodily injury as is likely to cause death; or with imprisonment of either description for\na term which may extend to ten years and with fine, if the act is done with the knowledge that\nit is likely to cause death, but without any intention to cause death, or to cause such bodily\ninjury as is likely to cause death.\n\nCausing death\nby negligence.\n\n106. (1) Whoever causes death of any person by doing any rash or negligent act not\namounting to culpable homicide, shall be punished with imprisonment of either description\nfor a term which may extend to five years, and shall also be liable to fine; and if such act is\ndone by a registered medical practitioner while performing medical procedure, he shall be\npunished with imprisonment of either description for a term which may extend to two years,\nand shall also be liable to fine.\nExplanation.— For the purposes of this sub-section, “registered medical practitioner”\nmeans a medical practitioner who possesses any medical qualification recognised under the\nNational Medical Commission Act, 2019 and whose name has been entered in the National 30 of 2019.\nMedical Register or a State Medical Register under that Act.\n(2) Whoever causes death of any person by rash and negligent driving of vehicle not\namounting to culpable homicide, and escapes without reporting it to a police officer or a\nMagistrate soon after the incident, shall be punished with imprisonment of either description\nof a term which may extend to ten years, and shall also be liable to fine.\n\nAbetment of\nsuicide of child\nor person of\nunsound mind.\n\n107. If any child, any person of unsound mind, any delirious person or any person in\na state of intoxication, commits suicide, whoever abets the commission of such suicide, shall\nbe punished with death or imprisonment for life, or imprisonment for a term not exceeding ten\nyears, and shall also be liable to fine.\n\nAbetment of\nsuicide.\n\n108. If any person commits suicide, whoever abets the commission of such suicide,\nshall be punished with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.\n\nAttempt to\nmurder.\n\n109. (1) Whoever does any act with such intention or knowledge, and under such\ncircumstances that, if he by that act caused death, he would be guilty of murder, shall be\npunished with imprisonment of either description for a term which may extend to ten years,\nand shall also be liable to fine; and if hurt is caused to any person by such act, the offender\nshall be liable either to imprisonment for life, or to such punishment as is hereinbefore\nmentioned.\n\n\f(2) When any person offending under sub-section (1) is under sentence of imprisonment\nfor life, he may, if hurt is caused, be punished with death or with imprisonment for life, which\nshall mean the remainder of that person’s natural life.\nIllustrations.\n(a) A shoots at Z with intention to kill him, under such circumstances that, if death\nensued, A would be guilty of murder. A is liable to punishment under this section.\n(b) A, with the intention of causing the death of a child of tender years, exposes it in a\ndesert place. A has committed the offence defined by this section, though the death of the\nchild does not ensue.\n(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the\noffence. A fires the gun at Z. He has committed the offence defined in this section, and, if by\nsuch firing he wounds Z, he is liable to the punishment provided by the latter part of\nsub-section (1).\n(d) A, intending to murder Z by poison, purchases poison and mixes the same with\nfood which remains in A’s keeping; A has not yet committed the offence defined in this\nsection. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A\nhas committed the offence defined in this section.\n110. Whoever does any act with such intention or knowledge and under such\ncircumstances that, if he by that act caused death, he would be guilty of culpable homicide\nnot amounting to murder, shall be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine, or with both; and, if hurt is caused to any\nperson by such act, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, or with fine, or with both.\n\nAttempt to\ncommit\nculpable\nhomicide.\n\nIllustration.\nA, on grave and sudden provocation, fires a pistol at Z, under such circumstances that\nif he thereby caused death, he would be guilty of culpable homicide not amounting to\nmurder. A has committed the offence defined in this section.\n111. (1) Any continuing unlawful activity including kidnapping, robbery, vehicle Organised\ntheft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking crime.\nof persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or\nransom, by any person or a group of persons acting in concert, singly or jointly, either as a\nmember of an organised crime syndicate or on behalf of such syndicate, by use of violence,\nthreat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or\nindirect material benefit including a financial benefit, shall constitute organised crime.\nExplanation.—For the purposes of this sub-section,––\n(i) “organised crime syndicate” means a group of two or more persons who,\nacting either singly or jointly, as a syndicate or gang indulge in any continuing\nunlawful activity;\n(ii) “continuing unlawful activity” means an activity prohibited by law which is\na cognizable offence punishable with imprisonment of three years or more, undertaken\nby any person, either singly or jointly, as a member of an organised crime syndicate or\n\n\fon behalf of such syndicate in respect of which more than one charge-sheets have\nbeen filed before a competent Court within the preceding period of ten years and that\nCourt has taken cognizance of such offence, and includes economic offence;\n(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting\nof currency-notes, bank-notes and Government stamps, hawala transaction,\nmass-marketing fraud or running any scheme to defraud several persons or doing any\nact in any manner with a view to defraud any bank or financial institution or any other\ninstitution or organisation for obtaining monetary benefits in any form.\n(2) Whoever commits organised crime shall,—\n(a) if such offence has resulted in the death of any person, be punished with\ndeath or imprisonment for life, and shall also be liable to fine which shall not be less\nthan ten lakh rupees;\n(b) in any other case, be punished with imprisonment for a term which shall not\nbe less than five years but which may extend to imprisonment for life, and shall also\nbe liable to fine which shall not be less than five lakh rupees.\n(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an\norganised crime, or otherwise engages in any act preparatory to an organised crime, shall be\npunished with imprisonment for a term which shall not be less than five years but which\nmay extend to imprisonment for life, and shall also be liable to fine which shall not be less\nthan five lakh rupees.\n(4) Any person who is a member of an organised crime syndicate shall be punished\nwith imprisonment for a term which shall not be less than five years but which may extend\nto imprisonment for life, and shall also be liable to fine which shall not be less than five lakh\nrupees.\n(5) Whoever, intentionally, harbours or conceals any person who has committed the\noffence of an organised crime shall be punished with imprisonment for a term which shall\nnot be less than three years but which may extend to imprisonment for life, and shall also be\nliable to fine which shall not be less than five lakh rupees:\nProvided that this sub-section shall not apply to any case in which the harbour or\nconcealment is by the spouse of the offender.\n(6) Whoever possesses any property derived or obtained from the commission of an\norganised crime or proceeds of any organised crime or which has been acquired through\nthe organised crime, shall be punishable with imprisonment for a term which shall not be\nless than three years but which may extend to imprisonment for life and shall also be liable\nto fine which shall not be less than two lakh rupees.\n(7) If any person on behalf of a member of an organised crime syndicate is, or at any\ntime has been in possession of movable or immovable property which he cannot satisfactorily\naccount for, shall be punishable with imprisonment for a term which shall not be less than\nthree years but which may extend to imprisonment for ten years and shall also be liable to\nfine which shall not be less than one lakh rupees.\nPetty\norganised\ncrime.\n\n112. (1) Whoever, being a member of a group or gang, either singly or jointly, commits\nany act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting\nor gambling, selling of public examination question papers or any other similar criminal act,\nis said to commit petty organised crime.\nExplanation.—For the purposes of this sub-section \"theft\" includes trick theft, theft\nfrom vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through\ncard skimming, shoplifting and theft of Automated Teller Machine.\n(2) Whoever commits any petty organised crime shall be punished with imprisonment\nfor a term which shall not be less than one year but which may extend to seven years, and\nshall also be liable to fine.\n\n\f113. (1) Whoever does any act with the intent to threaten or likely to threaten the\nunity, integrity, sovereignty, security, or economic security of India or with the intent to\nstrike terror or likely to strike terror in the people or any section of the people in India or\nin any foreign country,––\n(a) by using bombs, dynamite or other explosive substance or inflammable\nsubstance or firearms or other lethal weapons or poisonous or noxious gases or other\nchemicals or by any other substance (whether biological, radioactive, nuclear or\notherwise) of a hazardous nature or by any other means of whatever nature to cause\nor likely to cause,—\n(i) death of, or injury to, any person or persons; or\n(ii) loss of, or damage to, or destruction of, property; or\n(iii) disruption of any supplies or services essential to the life of the\ncommunity in India or in any foreign country; or\n(iv) damage to, the monetary stability of India by way of production or\nsmuggling or circulation of counterfeit Indian paper currency, coin or of any\nother material; or\n(v) damage or destruction of any property in India or in a foreign country\nused or intended to be used for the defence of India or in connection with any\nother purposes of the Government of India, any State Government or any of\ntheir agencies; or\n(b) overawes by means of criminal force or the show of criminal force or attempts\nto do so or causes death of any public functionary or attempts to cause death of any\npublic functionary; or\n(c) detains, kidnaps or abducts any person and threatening to kill or injure such\nperson or does any other act in order to compel the Government of India, any\nState Government or the Government of a foreign country or an international or\ninter-governmental organisation or any other person to do or abstain from doing any act,\ncommit a terrorist act.\nExplanation.—For the purpose of this sub-section,—\n(a) “public functionary” means the constitutional authorities or any other\nfunctionary notified in the Official Gazette by the Central Government as public\nfunctionary;\n(b) “counterfeit Indian currency” means the counterfeit currency as may be\ndeclared after examination by an authorised or notified forensic authority that such\ncurrency imitates or compromises with the key security features of Indian currency.\n(2) Whoever commits a terrorist act shall,—\n(a) if such offence has resulted in the death of any person, be punished with\ndeath or imprisonment for life, and shall also be liable to fine;\n(b) in any other case, be punished with imprisonment for a term which shall not\nbe less than five years but which may extend to imprisonment for life, and shall also\nbe liable to fine.\n(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites,\ndirectly or knowingly facilitates the commission of a terrorist act or any act preparatory to\nthe commission of a terrorist act, shall be punished with imprisonment for a term which shall\nnot be less than five years but which may extend to imprisonment for life, and shall also be\nliable to fine.\n\nTerrorist act.\n\n\f(4) Whoever organises or causes to be organised any camp or camps for imparting\ntraining in terrorist act, or recruits or causes to be recruited any person or persons for\ncommission of a terrorist act, shall be punished with imprisonment for a term which shall not\nbe less than five years but which may extend to imprisonment for life, and shall also be liable\nto fine.\n(5) Any person who is a member of an organisation which is involved in terrorist act,\nshall be punished with imprisonment for a term which may extend to imprisonment for life,\nand shall also be liable to fine.\n(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any\nperson knowing that such person has committed a terrorist act shall be punished with\nimprisonment for a term which shall not be less than three years but which may extend to\nimprisonment for life, and shall also be liable to fine:\nProvided that this sub-section shall not apply to any case in which the harbour or\nconcealment is by the spouse of the offender.\n(7) Whoever knowingly possesses any property derived or obtained from commission\nof any terrorist act or acquired through the commission of any terrorist act shall be punished\nwith imprisonment for a term which may extend to imprisonment for life, and shall also be\nliable to fine.\nExplanation.—For the removal of doubts, it is hereby declared that the officer not\nbelow the rank of Superintendent of Police shall decide whether to register the case under\n37 of 1967.\nthis section or under the Unlawful Activities (Prevention) Act, 1967.\nOf hurt\n114. Whoever causes bodily pain, disease or infirmity to any person is said to cause\n\nHurt.\n\nhurt.\nVoluntarily\ncausing hurt.\n\n115. (1) Whoever does any act with the intention of thereby causing hurt to any\nperson, or with the knowledge that he is likely thereby to cause hurt to any person, and does\nthereby cause hurt to any person, is said “voluntarily to cause hurt”.\n(2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily\ncauses hurt, shall be punished with imprisonment of either description for a term which may\nextend to one year, or with fine which may extend to ten thousand rupees, or with both.\n\nGrievous hurt.\n\n116. The following kinds of hurt only are designated as “grievous”, namely:––\n(a) Emasculation;\n(b) Permanent privation of the sight of either eye;\n(c) Permanent privation of the hearing of either ear;\n(d) Privation of any member or joint;\n(e) Destruction or permanent impairing of the powers of any member or joint;\n(f) Permanent disfiguration of the head or face;\n(g) Fracture or dislocation of a bone or tooth;\n(h) Any hurt which endangers life or which causes the sufferer to be during the\nspace of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.\n\nVoluntarily\ncausing\ngrievous hurt.\n\n117. (1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or\nknows himself to be likely to cause is grievous hurt, and if the hurt which he causes is\ngrievous hurt, is said “voluntarily to cause grievous hurt”.\n\n\fExplanation.—A person is not said voluntarily to cause grievous hurt except when he\nboth causes grievous hurt and intends or knows himself to be likely to cause grievous hurt.\nBut he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely\nto cause grievous hurt of one kind, he actually causes grievous hurt of another kind.\nIllustration.\nA, intending of knowing himself to be likely permanently to disfigure Z’s face, gives\nZ a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe\nbodily pain for the space of fifteen days. A has voluntarily caused grievous hurt.\n(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily\ncauses grievous hurt, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine.\n(3) Whoever commits an offence under sub-section (1) and in the course of such\ncommission causes any hurt to a person which causes that person to be in permanent\ndisability or in persistent vegetative state, shall be punished with rigorous imprisonment for\na term which shall not be less than ten years but which may extend to imprisonment for life,\nwhich shall mean imprisonment for the remainder of that person’s natural life.\n(4) When a group of five or more persons acting in concert, causes grievous hurt to a\nperson on the ground of his race, caste or community, sex, place of birth, language, personal\nbelief or any other similar ground, each member of such group shall be guilty of the offence\nof causing grievous hurt, and shall be punished with imprisonment of either description for\na term which may extend to seven years, and shall also be liable to fine.\n118. (1) Whoever, except in the case provided for by sub-section (1) of section 122,\nvoluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any\ninstrument which, used as a weapon of offence, is likely to cause death, or by means of fire\nor any heated substance, or by means of any poison or any corrosive substance, or by\nmeans of any explosive substance, or by means of any substance which it is deleterious to\nthe human body to inhale, to swallow, or to receive into the blood, or by means of any animal,\nshall be punished with imprisonment of either description for a term which may extend to\nthree years, or with fine which may extend to twenty thousand rupees, or with both.\n\nVoluntarily\ncausing hurt or\ngrievous hurt\nby dangerous\nweapons or\nmeans.\n\n(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily\ncauses grievous hurt by any means referred to in sub–section (1), shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which shall not be\nless than one year but which may extend to ten years, and shall also be liable to fine.\n119. (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer,\nor from any person interested in the sufferer, any property or valuable security, or of\nconstraining the sufferer or any person interested in such sufferer to do anything which is\nillegal or which may facilitate the commission of an offence, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be\nliable to fine.\n\nVoluntarily\ncausing hurt or\ngrievous hurt\nto extort\nproperty, or to\nconstrain to an\nillegal act.\n\n(2) Whoever voluntarily causes grievous hurt for any purpose referred to in\nsub-section (1), shall be punished with imprisonment for life, or imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\n120. (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer\nor from any person interested in the sufferer, any confession or any information which may\nlead to the detection of an offence or misconduct, or for the purpose of constraining the\nsufferer or any person interested in the sufferer to restore or to cause the restoration of any\nproperty or valuable security or to satisfy any claim or demand, or to give information which\nmay lead to the restoration of any property or valuable security, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also\nbe liable to fine.\n\nVoluntarily\ncausing hurt or\ngrievous hurt\nto extort\nconfession, or\nto compel\nrestoration of\nproperty.\n\n\fIllustrations.\n(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a\ncrime. A is guilty of an offence under this section.\n(b) A, a police officer, tortures B to induce him to point out where certain stolen\nproperty is deposited. A is guilty of an offence under this section.\n(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of\nrevenue due from Z. A is guilty of an offence under this section.\n(2) Whoever voluntarily causes grievous hurt for any purpose referred to in\nsub-section (1), shall be punished with imprisonment of either description for a term which\nmay extend to ten years, and shall also be liable to fine.\nVoluntarily\ncausing hurt or\ngrievous hurt\nto deter public\nservant from\nhis duty.\n\n121. (1) Whoever voluntarily causes hurt to any person being a public servant in the\ndischarge of his duty as such public servant, or with intent to prevent or deter that person or\nany other public servant from discharging his duty as such public servant or in consequence\nof anything done or attempted to be done by that person in the lawful discharge of his duty\nas such public servant, shall be punished with imprisonment of either description for a term\nwhich may extend to five years, or with fine, or with both.\n(2) Whoever voluntarily causes grievous hurt to any person being a public servant in\nthe discharge of his duty as such public servant, or with intent to prevent or deter that\nperson or any other public servant from discharging his duty as such public servant or in\nconsequence of anything done or attempted to be done by that person in the lawful discharge\nof his duty as such public servant, shall be punished with imprisonment of either description\nfor a term which shall not be less than one year but which may extend to ten years, and shall\nalso be liable to fine.\n\nVoluntarily\ncausing hurt or\ngrievous hurt\non\nprovocation.\n\n122. (1) Whoever voluntarily causes hurt on grave and sudden provocation, if he\nneither intends nor knows himself to be likely to cause hurt to any person other than the\nperson who gave the provocation, shall be punished with imprisonment of either description\nfor a term which may extend to one month, or with fine which may extend to five thousand\nrupees, or with both.\n(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he\nneither intends nor knows himself to be likely to cause grievous hurt to any person other\nthan the person who gave the provocation, shall be punished with imprisonment of either\ndescription for a term which may extend to five years, or with fine which may extend to ten\nthousand rupees, or with both.\nExplanation.—This section is subject to the same proviso as Exception 1 of\nsection 101.\n\nCausing hurt\nby means of\npoison, etc.,\nwith intent to\ncommit an\noffence.\n\n123. Whoever administers to or causes to be taken by any person any poison or any\nstupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to\nsuch person, or with intent to commit or to facilitate the commission of an offence or knowing\nit to be likely that he will thereby cause hurt, shall be punished with imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\n\nVoluntarily\ncausing\ngrievous hurt\nby use of acid,\netc.\n\n124. (1) Whoever causes permanent or partial damage or deformity to, or burns or\nmaims or disfigures or disables, any part or parts of the body of a person or causes grievous\nhurt by throwing acid on or by administering acid to that person, or by using any other\nmeans with the intention of causing or with the knowledge that he is likely to cause such\ninjury or hurt or causes a person to be in a permanent vegetative state shall be punished with\nimprisonment of either description for a term which shall not be less than ten years but which\nmay extend to imprisonment for life, and with fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses of\nthe treatment of the victim:\n\n\fProvided further that any fine imposed under this sub-section shall be paid to the\nvictim.\n(2) Whoever throws or attempts to throw acid on any person or attempts to administer\nacid to any person, or attempts to use any other means, with the intention of causing\npermanent or partial damage or deformity or burns or maiming or disfigurement or disability\nor grievous hurt to that person, shall be punished with imprisonment of either description for\na term which shall not be less than five years but which may extend to seven years, and shall\nalso be liable to fine.\nExplanation 1.—For the purposes of this section, “acid” includes any substance\nwhich has acidic or corrosive character or burning nature, that is capable of causing bodily\ninjury leading to scars or disfigurement or temporary or permanent disability.\nExplanation 2.—For the purposes of this section, permanent or partial damage or\ndeformity or permanent vegetative state shall not be required to be irreversible.\n125. Whoever does any act so rashly or negligently as to endanger human life or the\npersonal safety of others, shall be punished with imprisonment of either description for a\nterm which may extend to three months or with fine which may extend to two thousand five\nhundred rupees, or with both, but—\n\nAct\nendangering\nlife or personal\nsafety of\nothers.\n\n(a) where hurt is caused, shall be punished with imprisonment of either description\nfor a term which may extend to six months, or with fine which may extend to five\nthousand rupees, or with both;\n(b) where grievous hurt is caused, shall be punished with imprisonment of\neither description for a term which may extend to three years, or with fine which may\nextend to ten thousand rupees, or with both.\nOf wrongful restraint and wrongful confinement\n126. (1) Whoever voluntarily obstructs any person so as to prevent that person from Wrongful\nproceeding in any direction in which that person has a right to proceed, is said wrongfully to restraint.\nrestrain that person.\nException.—The obstruction of a private way over land or water which a person in\ngood faith believes himself to have a lawful right to obstruct, is not an offence within the\nmeaning of this section.\nIllustration.\nA obstructs a path along which Z has a right to pass, A not believing in good faith that\nhe has a right to stop the path. Z is thereby prevented from passing. A wrongfully\nrestrains Z.\n(2) Whoever wrongfully restrains any person shall be punished with simple\nimprisonment for a term which may extend to one month, or with fine which may extend to\nfive thousand rupees, or with both.\n127. (1) Whoever wrongfully restrains any person in such a manner as to prevent that Wrongful\nperson from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” confinement.\nthat person.\nIllustrations.\n(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from\nproceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.\n(b) A places men with firearms at the outlets of a building, and tells Z that they will fire\nat Z if Z attempts to leave the building. A wrongfully confines Z.\n(2) Whoever wrongfully confines any person shall be punished with imprisonment of\neither description for a term which may extend to one year, or with fine which may extend to\nfive thousand rupees, or with both.\n\n\f(3) Whoever wrongfully confines any person for three days, or more, shall be punished\nwith imprisonment of either description for a term which may extend to three years, or with\nfine which may extend to ten thousand rupees, or with both.\n(4) Whoever wrongfully confines any person for ten days or more, shall be punished\nwith imprisonment of either description for a term which may extend to five years, and shall\nalso be liable to fine which shall not be less than ten thousand rupees.\n(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the\nliberation of that person has been duly issued, shall be punished with imprisonment of either\ndescription for a term which may extend to two years in addition to any term of imprisonment\nto which he may be liable under any other section of this Chapter and shall also be liable to\nfine.\n(6) Whoever wrongfully confines any person in such manner as to indicate an intention\nthat the confinement of such person may not be known to any person interested in the\nperson so confined, or to any public servant, or that the place of such confinement may not\nbe known to or discovered by any such person or public servant as hereinbefore mentioned,\nshall be punished with imprisonment of either description for a term which may extend to\nthree years in addition to any other punishment to which he may be liable for such wrongful\nconfinement and shall also be liable to fine.\n(7) Whoever wrongfully confines any person for the purpose of extorting from the\nperson confined, or from any person interested in the person confined, any property or\nvaluable security or of constraining the person confined or any person interested in such\nperson to do anything illegal or to give any information which may facilitate the commission\nof an offence, shall be punished with imprisonment of either description for a term which may\nextend to three years, and shall also be liable to fine.\n(8) Whoever wrongfully confines any person for the purpose of extorting from the\nperson confined or any person interested in the person confined any confession or any\ninformation which may lead to the detection of an offence or misconduct, or for the purpose\nof constraining the person confined or any person interested in the person confined to\nrestore or to cause the restoration of any property or valuable security or to satisfy any claim\nor demand, or to give information which may lead to the restoration of any property or\nvaluable security, shall be punished with imprisonment of either description for a term which\nmay extend to three years, and shall also be liable to fine.\nOf criminal force and assault\nForce.\n\n128. A person is said to use force to another if he causes motion, change of motion, or\ncessation of motion to that other, or if he causes to any substance such motion, or change of\nmotion, or cessation of motion as brings that substance into contact with any part of that\nother’s body, or with anything which that other is wearing or carrying, or with anything so\nsituated that such contact affects that other’s sense of feeling:\nProvided that the person causing the motion, or change of motion, or cessation of\nmotion, causes that motion, change of motion, or cessation of motion in one of the following\nthree ways, namely:––\n(a) by his own bodily power;\n(b) by disposing any substance in such a manner that the motion or change or\ncessation of motion takes place without any further act on his part, or on the part of\nany other person;\n(c) by inducing any animal to move, to change its motion, or to cease to move.\n\n\f129. Whoever intentionally uses force to any person, without that person’s consent, Criminal force.\nin order to the committing of any offence, or intending by the use of such force to cause, or\nknowing it to be likely that by the use of such force he will cause injury, fear or annoyance to\nthe person to whom the force is used, is said to use criminal force to that other.\nIllustrations.\n(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus\nintentionally causes the boat to drift down the stream. Here A intentionally causes motion to\nZ, and he does this by disposing substances in such a manner that the motion is produced\nwithout any other action on any person’s part. A has therefore intentionally used force to Z;\nand if he has done so without Z’s consent, in order to the committing of any offence, or\nintending or knowing it to be likely that this use of force will cause injury, fear or annoyance\nto Z, A has used criminal force to Z.\n(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken\ntheir pace. Here A has caused change of motion to Z by inducing the animals to change their\nmotion. A has therefore used force to Z; and if A has done this without Z’s consent, intending\nor knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal\nforce to Z.\n(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the\npalanquin. Here A has caused cessation of motion to Z, and he has done this by his own\nbodily power. A has therefore used force to Z; and as A has acted thus intentionally, without\nZ’s consent, in order to the commission of an offence. A has used criminal force to Z.\n(d) A intentionally pushes against Z in the street. Here A has by his own bodily power\nmoved his own person so as to bring it into contact with Z. He has therefore intentionally\nused force to Z; and if he has done so without Z’s consent, intending or knowing it to be\nlikely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.\n(e) A throws a stone, intending or knowing it to be likely that the stone will be thus\nbrought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will\nstrike water and dash up the water against Z’s clothes or something carried by Z. Here, if the\nthrowing of the stone produce the effect of causing any substance to come into contact with\nZ, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending\nthereby to injure, frighten or annoy Z, he has used criminal force to Z.\n(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if\nhe does so without her consent intending or knowing it to be likely that he may thereby\ninjure, frighten or annoy her, he has used criminal force to her.\n(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A\nintentionally by his own bodily power causes such motion in the boiling water as brings that\nwater into contact with Z, or with other water so situated that such contact must affect Z’s\nsense of feeling; A has therefore intentionally used force to Z; and if he has done this\nwithout Z’s consent intending or knowing it to be likely that he may thereby cause injury,\nfear or annoyance to Z, A has used criminal force.\n(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause\ninjury, fear or annoyance to Z, he uses criminal force to Z.\n130. Whoever makes any gesture, or any preparation intending or knowing it to be Assault.\nlikely that such gesture or preparation will cause any person present to apprehend that he\nwho makes that gesture or preparation is about to use criminal force to that person, is said to\ncommit an assault.\n\n\fExplanation.—Mere words do not amount to an assault. But the words which a\nperson uses may give to his gestures or preparation such a meaning as may make those\ngestures or preparations amount to an assault.\nIllustrations.\n(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause\nZ to believe that A is about to strike Z. A has committed an assault.\n(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be\nlikely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A\nhas committed an assault upon Z.\n(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words\nused by A could in no case amount to an assault, and though the mere gesture, unaccompanied\nby any other circumstances, might not amount to an assault, the gesture explained by the\nwords may amount to an assault.\nPunishment\nfor assault or\ncriminal force\notherwise than\non grave\nprovocation.\n\n131. Whoever assaults or uses criminal force to any person otherwise than on grave\nand sudden provocation given by that person, shall be punished with imprisonment of either\ndescription for a term which may extend to three months, or with fine which may extend to\none thousand rupees, or with both.\nExplanation 1.—Grave and sudden provocation will not mitigate the punishment for\nan offence under this section,—\n(a) if the provocation is sought or voluntarily provoked by the offender as an\nexcuse for the offence; or\n(b) if the provocation is given by anything done in obedience to the law, or by a\npublic servant, in the lawful exercise of the powers of such public servant; or\n(c) if the provocation is given by anything done in the lawful exercise of the right\nof private defence.\nExplanation 2.—Whether the provocation was grave and sudden enough to mitigate\nthe offence, is a question of fact.\n\nAssault or\ncriminal force\nto deter public\nservant from\ndischarge of\nhis duty.\n\n132. Whoever assaults or uses criminal force to any person being a public servant in\nthe execution of his duty as such public servant, or with intent to prevent or deter that\nperson from discharging his duty as such public servant, or in consequence of anything\ndone or attempted to be done by such person in the lawful discharge of his duty as such\npublic servant, shall be punished with imprisonment of either description for a term which\nmay extend to two years, or with fine, or with both.\n\nAssault or\ncriminal force\nwith intent to\ndishonour\nperson,\notherwise than\non grave\nprovocation.\n\n133. Whoever assaults or uses criminal force to any person, intending thereby to\ndishonour that person, otherwise than on grave and sudden provocation given by that\nperson, shall be punished with imprisonment of either description for a term which may\nextend to two years, or with fine, or with both.\n\nAssault or\ncriminal force\nin attempt to\ncommit theft\nof property\ncarried by a\nperson.\n\n134. Whoever assaults or uses criminal force to any person, in attempting to commit\ntheft on any property which that person is then wearing or carrying, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or\nwith both.\n\nAssault or\ncriminal force\nin attempt to\nwrongfully\nconfine a\nperson.\n\n135. Whoever assaults or uses criminal force to any person, in attempting wrongfully\nto confine that person, shall be punished with imprisonment of either description for a term\nwhich may extend to one year, or with fine which may extend to five thousand rupees, or with\nboth.\n\n\f136. Whoever assaults or uses criminal force to any person on grave and sudden\nprovocation given by that person, shall be punished with simple imprisonment for a term\nwhich may extend to one month, or with fine which may extend to one thousand rupees, or\nwith both.\n\nAssault or\ncriminal force\non grave\nprovocation.\n\nExplanation.—This section is subject to the same Explanation as section 131.\nOf kidnapping, abduction, slavery and forced labour\n137. (1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from\nlawful guardianship––\n\nKidnapping.\n\n(a) whoever conveys any person beyond the limits of India without the consent\nof that person, or of some person legally authorised to consent on behalf of that\nperson, is said to kidnap that person from India;\n(b) whoever takes or entices any child or any person of unsound mind, out of the\nkeeping of the lawful guardian of such child or person of unsound mind, without the\nconsent of such guardian, is said to kidnap such child or person from lawful\nguardianship.\nExplanation.––The words “lawful guardian” in this clause include any person\nlawfully entrusted with the care or custody of such child or other person.\nException.—This clause does not extend to the act of any person who in good\nfaith believes himself to be the father of an illegitimate child, or who in good faith\nbelieves himself to be entitled to the lawful custody of such child, unless such act is\ncommitted for an immoral or unlawful purpose.\n(2) Whoever kidnaps any person from India or from lawful guardianship shall be\npunished with imprisonment of either description for a term which may extend to seven\nyears, and shall also be liable to fine.\n138. Whoever by force compels, or by any deceitful means induces, any person to go Abduction.\nfrom any place, is said to abduct that person.\n139. (1) Whoever kidnaps any child or, not being the lawful guardian of such child,\nobtains the custody of the child, in order that such child may be employed or used for the\npurposes of begging shall be punishable with rigorous imprisonment for a term which shall\nnot be less than ten years but which may extend to imprisonment for life, and shall also be\nliable to fine.\n(2) Whoever maims any child in order that such child may be employed or used for the\npurposes of begging shall be punishable with imprisonment which shall not be less than\ntwenty years, but which may extend to life which shall mean imprisonment for the remainder\nof that person’s natural life, and with fine.\n(3) Where any person, not being the lawful guardian of a child employs or uses such\nchild for the purposes of begging, it shall be presumed, unless the contrary is proved, that he\nkidnapped or otherwise obtained the custody of such child in order that such child might be\nemployed or used for the purposes of begging.\n(4) In this section “begging” means—\n(i) soliciting or receiving alms in a public place, whether under the pretence of\nsinging, dancing, fortune telling, performing tricks or selling articles or otherwise;\n(ii) entering on any private premises for the purpose of soliciting or receiving\nalms;\n\nKidnapping or\nmaiming a\nchild for\npurposes of\nbegging.\n\n\f(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any\nsore, wound, injury, deformity or disease, whether of himself or of any other person or\nof an animal;\n(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.\nKidnapping or\nabducting in\norder to\nmurder or for\nransom, etc.\n\n140. (1) Whoever kidnaps or abducts any person in order that such person may be\nmurdered or may be so disposed of as to be put in danger of being murdered, shall be\npunished with imprisonment for life or rigorous imprisonment for a term which may extend to\nten years, and shall also be liable to fine.\nIllustrations.\n(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed\nto an idol. A has committed the offence defined in this section.\n(b) A forcibly carries or entices B away from his home in order that B may be murdered.\nA has committed the offence defined in this section.\n(2) Whoever kidnaps or abducts any person or keeps a person in detention after such\nkidnapping or abduction, and threatens to cause death or hurt to such person, or by his\nconduct gives rise to a reasonable apprehension that such person may be put to death or\nhurt, or causes hurt or death to such person in order to compel the Government or any\nforeign State or international inter-governmental organisation or any other person to do or\nabstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment\nfor life, and shall also be liable to fine.\n(3) Whoever kidnaps or abducts any person with intent to cause that person to be\nsecretly and wrongfully confined, shall be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine.\n(4) Whoever kidnaps or abducts any person in order that such person may be subjected,\nor may be so disposed of as to be put in danger of being subjected to grievous hurt, or\nslavery, or to the unnatural lust of any person, or knowing it to be likely that such person will\nbe so subjected or disposed of, shall be punished with imprisonment of either description for\na term which may extend to ten years, and shall also be liable to fine.\n\nImportation\nof girl or boy\nfrom foreign\ncountry.\n\n141. Whoever imports into India from any country outside India any girl under the age\nof twenty-one years or any boy under the age of eighteen years with intent that girl or boy\nmay be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse\nwith another person, shall be punishable with imprisonment which may extend to ten years\nand shall also be liable to fine.\n\nWrongfully\nconcealing or\nkeeping in\nconfinement,\nkidnapped or\nabducted\nperson.\n\n142. Whoever, knowing that any person has been kidnapped or has been abducted,\nwrongfully conceals or confines such person, shall be punished in the same manner as if he\nhad kidnapped or abducted such person with the same intention or knowledge, or for the\nsame purpose as that with or for which he conceals or detains such person in confinement.\n\nTrafficking of\nperson.\n\n143. (1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers,\nor receives a person or persons, by—\n(a) using threats; or\n(b) using force, or any other form of coercion; or\n(c) by abduction; or\n(d) by practising fraud, or deception; or\n(e) by abuse of power; or\n\n\f(f) by inducement, including the giving or receiving of payments or benefits, in\norder to achieve the consent of any person having control over the person recruited,\ntransported, harboured, transferred or received,\ncommits the offence of trafficking.\nExplanation 1.—The expression “exploitation” shall include any act of physical\nexploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude,\nbeggary or forced removal of organs.\nExplanation 2.—The consent of the victim is immaterial in determination of the offence\nof trafficking.\n(2) Whoever commits the offence of trafficking shall be punished with rigorous\nimprisonment for a term which shall not be less than seven years, but which may extend to\nten years, and shall also be liable to fine.\n(3) Where the offence involves the trafficking of more than one person, it shall be\npunishable with rigorous imprisonment for a term which shall not be less than ten years but\nwhich may extend to imprisonment for life, and shall also be liable to fine.\n(4) Where the offence involves the trafficking of a child, it shall be punishable with\nrigorous imprisonment for a term which shall not be less than ten years, but which may\nextend to imprisonment for life, and shall also be liable to fine.\n(5) Where the offence involves the trafficking of more than one child, it shall be\npunishable with rigorous imprisonment for a term which shall not be less than fourteen\nyears, but which may extend to imprisonment for life, and shall also be liable to fine.\n(6) If a person is convicted of the offence of trafficking of a child on more than one\noccasion, then such person shall be punished with imprisonment for life, which shall mean\nimprisonment for the remainder of that person’s natural life, and shall also be liable to fine.\n(7) When a public servant or a police officer is involved in the trafficking of any person\nthen, such public servant or police officer shall be punished with imprisonment for life, which\nshall mean imprisonment for the remainder of that person’s natural life, and shall also be\nliable to fine.\n144. (1) Whoever, knowingly or having reason to believe that a child has been trafficked, Exploitation\nengages such child for sexual exploitation in any manner, shall be punished with rigorous of a trafficked\nperson.\nimprisonment for a term which shall not be less than five years, but which may extend to ten\nyears, and shall also be liable to fine.\n(2) Whoever, knowingly or having reason to believe that a person has been trafficked,\nengages such person for sexual exploitation in any manner, shall be punished with rigorous\nimprisonment for a term which shall not be less than three years, but which may extend to\nseven years, and shall also be liable to fine.\n145. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in Habitual\nslaves, shall be punished with imprisonment for life, or with imprisonment of either description dealing in\nslaves.\nfor a term not exceeding ten years, and shall also be liable to fine.\n146. Whoever unlawfully compels any person to labour against the will of that person, Unlawful\nshall be punished with imprisonment of either description for a term which may extend to one compulsory\nlabour.\nyear, or with fine, or with both.\n\n\fCHAPTER VII\nOF OFFENCES AGAINST THE STATE\nWaging, or\nattempting to\nwage war, or\nabetting\nwaging of war,\nagainst\nGovernment\nof India.\nConspiracy to\ncommit\noffences\npunishable by\nsection 147.\n\n147. Whoever wages war against the Government of India, or attempts to wage such\nwar, or abets the waging of such war, shall be punished with death, or imprisonment for life\nand shall also be liable to fine.\nIllustration.\nA joins an insurrection against the Government of India. A has committed the offence\ndefined in this section.\n148. Whoever within or without and beyond India conspires to commit any of the\noffences punishable by section 147, or conspires to overawe, by means of criminal force or\nthe show of criminal force, the Central Government or any State Government, shall be punished\nwith imprisonment for life, or with imprisonment of either description which may extend to\nten years, and shall also be liable to fine.\nExplanation.—To constitute a conspiracy under this section, it is not necessary that\nany act or illegal omission shall take place in pursuance thereof.\n\nCollecting\narms, etc.,\nwith intention\nof waging war\nagainst\nGovernment\nof India.\n\n149. Whoever collects men, arms or ammunition or otherwise prepares to wage war\nwith the intention of either waging or being prepared to wage war against the Government of\nIndia, shall be punished with imprisonment for life or imprisonment of either description for\na term not exceeding ten years, and shall also be liable to fine.\n\nConcealing\nwith intent to\nfacilitate\ndesign to wage\nwar.\n\n150. Whoever by any act, or by any illegal omission, conceals the existence of a\ndesign to wage war against the Government of India, intending by such concealment to\nfacilitate, or knowing it to be likely that such concealment will facilitate, the waging of such\nwar, shall be punished with imprisonment of either description for a term which may extend to\nten years, and shall also be liable to fine.\n\nAssaulting\nPresident,\nGovernor, etc.,\nwith intent to\ncompel or\nrestrain\nexercise of any\nlawful power.\n\n151. Whoever, with the intention of inducing or compelling the President of India, or\nGovernor of any State, to exercise or refrain from exercising in any manner any of the lawful\npowers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully\nto restrain, or overawes, by means of criminal force or the show of criminal force, or attempts\nso to overawe, such President or Governor, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n\nAct\nendangering\nsovereignty,\nunity and\nintegrity of\nIndia.\n\n152. Whoever, purposely or knowingly, by words, either spoken or written, or by\nsigns, or by visible representation, or by electronic communication or by use of financial\nmean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive\nactivities, or encourages feelings of separatist activities or endangers sovereignty or unity\nand integrity of India; or indulges in or commits any such act shall be punished with\nimprisonment for life or with imprisonment which may extend to seven years, and shall also\nbe liable to fine.\nExplanation.––Comments expressing disapprobation of the measures, or administrative\nor other action of the Government with a view to obtain their alteration by lawful means\nwithout exciting or attempting to excite the activities referred to in this section do not constitute\nan offence under this section.\n\nWaging war\nagainst\nGovernment\nof any foreign\nState at peace\nwith\nGovernment\nof India.\n\n153. Whoever wages war against the Government of any foreign State at peace with\nthe Government of India or attempts to wage such war, or abets the waging of such war, shall\nbe punished with imprisonment for life, to which fine may be added, or with imprisonment of\neither description for a term which may extend to seven years, to which fine may be added, or\nwith fine.\n\n\f154. Whoever commits depredation, or makes preparations to commit depredation, on\nthe territories of any foreign State at peace with the Government of India, shall be punished\nwith imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine and to forfeiture of any property used or intended to be used in\ncommitting such depredation, or acquired by such depredation.\n\nCommitting\ndepredation on\nterritories of\nforeign State\nat peace with\nGovernment\nof India.\n\n155. Whoever receives any property knowing the same to have been taken in the\ncommission of any of the offences mentioned in sections 153 and 154, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also\nbe liable to fine and to forfeiture of the property so received.\n\nReceiving\nproperty taken\nby war or\ndepredation\nmentioned in\nsections 153\nand 154.\n\n156. Whoever, being a public servant and having the custody of any State prisoner or\nprisoner of war, voluntarily allows such prisoner to escape from any place in which such\nprisoner is confined, shall be punished with imprisonment for life, or imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\n\nPublic servant\nvoluntarily\nallowing\nprisoner of\nState or war to\nescape.\n\n157. Whoever, being a public servant and having the custody of any State prisoner or\nprisoner of war, negligently suffers such prisoner to escape from any place of confinement in\nwhich such prisoner is confined, shall be punished with simple imprisonment for a term\nwhich may extend to three years, and shall also be liable to fine.\n\nPublic servant\nnegligently\nsuffering such\nprisoner to\nescape.\n\n158. Whoever knowingly aids or assists any State prisoner or prisoner of war in\nescaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours\nor conceals any such prisoner who has escaped from lawful custody, or offers or attempts to\noffer any resistance to the recapture of such prisoner, shall be punished with imprisonment\nfor life, or with imprisonment of either description for a term which may extend to ten years,\nand shall also be liable to fine.\n\nAiding escape\nof, rescuing or\nharbouring\nsuch prisoner.\n\nExplanation.—A State prisoner or prisoner of war, who is permitted to be at large on\nhis parole within certain limits in India, is said to escape from lawful custody if he goes\nbeyond the limits within which he is allowed to be at large.\nCHAPTER VIII\nOF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE\n159. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in\nthe Army, Navy or Air Force of the Government of India or attempts to seduce any such\nofficer, soldier, sailor or airman from his allegiance or his duty, shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which may extend\nto ten years, and shall also be liable to fine.\n\nAbetting\nmutiny, or\nattempting to\nseduce a\nsoldier, sailor\nor airman\nfrom his duty.\n\n160. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in\nthe Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in\nconsequence of that abetment, be punished with death or with imprisonment for life, or\nimprisonment of either description for a term which may extend to ten years, and shall also be\nliable to fine.\n\nAbetment of\nmutiny, if\nmutiny is\ncommitted in\nconsequence\nthereof.\n\n161. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army,\nNavy or Air Force of the Government of India, on any superior officer being in the execution\nof his office, shall be punished with imprisonment of either description for a term which may\nextend to three years, and shall also be liable to fine.\n\nAbetment of\nassault by\nsoldier, sailor\nor airman on\nhis superior\nofficer, when\nin execution of\nhis office.\n\n\fAbetment of\nsuch assault, if\nassault\ncommitted.\n\n162. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army,\nNavy or Air Force of the Government of India, on any superior officer being in the execution\nof his office, shall, if such assault be committed in consequence of that abetment be punished\nwith imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.\n\nAbetment of\ndesertion of\nsoldier, sailor\nor airman.\n\n163. Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army,\nNavy or Air Force of the Government of India, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\n\nHarbouring\ndeserter.\n\n164. Whoever, except as hereinafter excepted, knowing or having reason to believe\nthat an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of\nIndia, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine or\nwith both.\nException.—This provision does not extend to the case in which the harbour is given\nby the spouse of the deserter.\n\nDeserter\nconcealed on\nboard\nmerchant\nvessel through\nnegligence of\nmaster.\n\n165. The master or person in charge of a merchant vessel, on board of which any\ndeserter from the Army, Navy or Air Force of the Government of India is concealed, shall,\nthough ignorant of such concealment, be liable to a penalty not exceeding three thousand\nrupees, if he might have known of such concealment but for some neglect of his duty as such\nmaster or person in charge, or but for some want of discipline on board of the vessel.\n\nAbetment of\nact of\ninsubordination\nby soldier,\nsailor or\nairman.\n\n166. Whoever abets what he knows to be an act of insubordination by an officer,\nsoldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if\nsuch act of insubordination be committed in consequence of that abetment, be punished\nwith imprisonment of either description for a term which may extend to two years, or with\nfine, or with both.\n\nPersons subject\nto certain\nActs.\n\n167. No person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy\nAct, 1957, or shall be subject to punishment under this Sanhita for any of the offences\ndefined in this Chapter.\n\nWearing garb\nor carrying\ntoken used by\nsoldier, sailor\nor airman.\n\n168. Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of\nthe Government of India, wears any garb or carries any token resembling any garb or token\nused by such a soldier, sailor or airman with the intention that it may be believed that he is\nsuch a soldier, sailor or airman, shall be punished with imprisonment of either description for\na term which may extend to three months, or with fine which may extend to two thousand\nrupees, or with both.\nCHAPTER IX\nOF OFFENCES RELATING TO ELECTIONS\n\nCandidate,\nelectoral right\ndefined.\n\n169. For the purposes of this Chapter—\n(a) “candidate” means a person who has been nominated as a candidate at any\nelection;\n(b) “electoral right” means the right of a person to stand, or not to stand as, or to\nwithdraw from being, a candidate or to vote or refrain from voting at an election.\n\nBribery.\n\n170. (1) Whoever—\n(i) gives a gratification to any person with the object of inducing him or any\nother person to exercise any electoral right or of rewarding any person for having\nexercised any such right; or\n\n45 of 1950.\n46 of 1950.\n62 of 1957.\n\n\f(ii) accepts either for himself or for any other person any gratification as a\nreward for exercising any such right or for inducing or attempting to induce any other\nperson to exercise any such right,\ncommits the offence of bribery:\nProvided that a declaration of public policy or a promise of public action shall not be an\noffence under this section.\n(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification\nshall be deemed to give a gratification.\n(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall\nbe deemed to accept a gratification, and a person who accepts a gratification as a motive for\ndoing what he does not intend to do, or as a reward for doing what he has not done, shall be\ndeemed to have accepted the gratification as a reward.\n171. (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of Undue\ninfluence at\nany electoral right commits the offence of undue influence at an election.\nelections.\n\n(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—\n(a) threatens any candidate or voter, or any person in whom a candidate or voter\nis interested, with injury of any kind; or\n(b) induces or attempts to induce a candidate or voter to believe that he or any\nperson in whom he is interested will become or will be rendered an object of Divine\ndispleasure or of spiritual censure,\nshall be deemed to interfere with the free exercise of the electoral right of such candidate or\nvoter, within the meaning of sub-section (1).\n(3) A declaration of public policy or a promise of public action or the mere exercise or\na legal right without intent to interfere with an electoral right, shall not be deemed to be\ninterference within the meaning of this section.\n172. Whoever at an election applies for a voting paper on votes in the name of any Personation at\nother person, whether living or dead, or in a fictitious name, or who having voted once at elections.\nsuch election applies at the same election for a voting paper in his own name, and whoever\nabets, procures or attempts to procure the voting by any person in any such way, commits\nthe offence of personation at an election:\nProvided that nothing in this section shall apply to a person who has been authorised\nto vote as proxy for an elector under any law for the time being in force in so far as he votes\nas a proxy for such elector.\n173. Whoever commits the offence of bribery shall be punished with imprisonment of Punishment\nfor bribery.\neither description for a term which may extend to one year, or with fine, or with both:\nProvided that bribery by treating shall be punished with fine only.\nExplanation.—“Treating” means that form of bribery where the gratification consists\nin food, drink, entertainment, or provision.\n174. Whoever commits the offence of undue influence or personation at an election\nshall be punished with imprisonment of either description for a term which may extend to\none year or with fine, or with both.\n175. Whoever with intent to affect the result of an election makes or publishes any\nstatement purporting to be a statement of fact which is false and which he either knows or\nbelieves to be false or does not believe to be true, in relation to the personal character or\nconduct of any candidate shall be punished with fine.\n\nPunishment\nfor undue\ninfluence or\npersonation at\nan election.\nFalse\nstatement in\nconnection\nwith an\nelection.\n\n\fIllegal\npayments in\nconnection\nwith an\nelection.\n\n176. Whoever without the general or special authority in writing of a candidate incurs\nor authorises expenses on account of the holding of any public meeting, or upon any\nadvertisement, circular or publication, or in any other way whatsoever for the purpose of\npromoting or procuring the election of such candidate, shall be punished with fine which\nmay extend to ten thousand rupees:\nProvided that if any person having incurred any such expenses not exceeding the\namount of ten rupees without authority obtains within ten days from the date on which such\nexpenses were incurred the approval in writing of the candidate, he shall be deemed to have\nincurred such expenses with the authority of the candidate.\n\nFailure to keep\nelection\naccounts.\n\n177. Whoever being required by any law for the time being in force or any rule having\nthe force of law to keep accounts of expenses incurred at or in connection with an election\nfails to keep such accounts shall be punished with fine which may extend to five thousand\nrupees.\nCHAPTER X\nOF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS\n\nCounterfeiting\ncoin,\nGovernment\nstamps,\ncurrency-notes\nor bank-notes.\n\n178. Whoever counterfeits, or knowingly performs any part of the process\nof counterfeiting, any coin, stamp issued by Government for the purpose of revenue,\ncurrency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment\nof either description for a term which may extend to ten years, and shall also be liable to fine.\nExplanation.—For the purposes of this Chapter,—\n(1) the expression “bank-note” means a promissory note or engagement for the\npayment of money to bearer on demand issued by any person carrying on the business\nof banking in any part of the world, or issued by or under the authority of any State or\nSovereign Power, and intended to be used as equivalent to, or as a substitute for\nmoney;\n(2) “coin” shall have the same meaning as assigned to it in section 2 of the\nCoinage Act, 2011 and includes metal used for the time being as money and is stamped\nand issued by or under the authority of any State or Sovereign Power intended to be\nso used;\n(3) a person commits the offence of “counterfeiting Government stamp” who\ncounterfeits by causing a genuine stamp of one denomination to appear like a genuine\nstamp of a different denomination;\n(4) a person commits the offence of counterfeiting coin who intending to practise\ndeception, or knowing it to be likely that deception will thereby be practised, causes a\ngenuine coin to appear like a different coin; and\n(5) the offence of “counterfeiting coin” includes diminishing the weight or\nalteration of the composition, or alteration of the appearance of the coin.\n\nUsing as\n179. Whoever imports or exports, or sells or delivers to, or buys or receives from, any\ngenuine, forged other person, or otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp,\nor counterfeit\ncurrency-note or bank-note, knowing or having reason to believe the same to be forged or\ncoin,\nGovernment\ncounterfeit, shall be punished with imprisonment for life, or with imprisonment of either\nstamp,\ncurrency-notes description for a term which may extend to ten years, and shall also be liable to fine.\nor bank-notes.\nPossession of\nforged or\ncounterfeit\ncoin,\nGovernment\nstamp,\ncurrency-notes\nor bank-notes.\n\n180. Whoever has in his possession any forged or counterfeit coin, stamp,\ncurrency-note or bank-note, knowing or having reason to believe the same to be forged or\ncounterfeit and intending to use the same as genuine or that it may be used as genuine, shall\nbe punished with imprisonment of either description for a term which may extend to seven\nyears, or with fine, or with both.\nExplanation.—If a person establishes the possession of the forged or counterfeit\ncoin, stamp, currency-note or bank-note to be from a lawful source, it shall not constitute an\noffence under this section.\n\n11 of 2011.\n\n\f181. Whoever makes or mends, or performs any part of the process of making or\nmending, or buys or sells or disposes of, or has in his possession, any machinery, die, or\ninstrument or material for the purpose of being used, or knowing or having reason to believe\nthat it is intended to be used, for forging or counterfeiting any coin, stamp issued by\nGovernment for the purpose of revenue, currency-note or bank-note, shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which may extend\nto ten years, and shall also be liable to fine.\n\nMaking or\npossessing\ninstruments or\nmaterials for\nforging or\ncounterfeiting\ncoin,\nGovernment\nstamp,\ncurrency-notes\nor bank-notes.\n\n182. (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever,\nor delivers to any person, any document purporting to be, or in any way resembling, or so\nnearly resembling as to be calculated to deceive, any currency-note or bank-note shall be\npunished with fine which may extend to three hundred rupees.\n\nMaking or\nusing\ndocuments\nresembling\ncurrency-notes\nor bank-notes.\n\n(2) If any person, whose name appears on a document the making of which is an\noffence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer\non being so required the name and address of the person by whom it was printed or otherwise\nmade, he shall be punished with fine which may extend to six hundred rupees.\n(3) Where the name of any person appears on any document in respect of which any\nperson is charged with an offence under sub-section (1) or on any other document used or\ndistributed in connection with that document it may, until the contrary is proved, be presumed\nthat the person caused the document to be made.\n183. Whoever, fraudulently or with intent to cause loss to the Government, removes or\neffaces from any substance, bearing any stamp issued by Government for the purpose of\nrevenue, any writing or document for which such stamp has been used, or removes from any\nwriting or document a stamp which has been used for such writing or document, in order that\nsuch stamp may be used for a different writing or document, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine, or\nwith both.\n\nEffacing\nwriting from\nsubstance\nbearing\nGovernment\nstamp, or\nremoving from\ndocument a\nstamp used for\nit, with intent\nto cause loss to\nGovernment.\n\n184. Whoever, fraudulently or with intent to cause loss to the Government, uses for\nany purpose a stamp issued by Government for the purpose of revenue, which he knows to\nhave been before used, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.\n\nUsing\nGovernment\nstamp known\nto have been\nbefore used.\n\n185. Whoever, fraudulently or with intent to cause loss to Government, erases or\nremoves from a stamp issued by Government for the purpose of revenue, any mark, put or\nimpressed upon such stamp for the purpose of denoting that the same has been used, or\nknowingly has in his possession or sells or disposes of any such stamp from which such\nmark has been erased or removed, or sells or disposes of any such stamp which he knows to\nhave been used, shall be punished with imprisonment of either description for a term which\nmay extend to three years, or with fine, or with both.\n\nErasure of\nmark denoting\nthat stamp has\nbeen used.\n\n186. (1) Whoever—\n(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly\nuses for any postal purpose any fictitious stamp; or\n(b) has in his possession, without lawful excuse, any fictitious stamp; or\n(c) makes or, without lawful excuse, has in his possession any die, plate,\ninstrument or materials for making any fictitious stamp,\n\nProhibition of\nfictitious\nstamps.\n\n\fshall be punished with fine which may extend to two hundred rupees.\n(2) Any such stamp, die, plate, instrument or materials in the possession of any person\nfor making any fictitious stamp may be seized and, if seized shall be forfeited.\n(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued\nby Government for the purpose of denoting a rate of postage, or any facsimile or imitation or\nrepresentation, whether on paper or otherwise, of any stamp issued by Government for that\npurpose.\n(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to\n185 (both inclusive) the word “Government”, when used in connection with, or in reference\nto any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding\nanything in clause (12) of section 2, be deemed to include the person or persons authorised\nby law to administer executive Government in any part of India or in any foreign country.\nPerson\nemployed in\nmint causing\ncoin to be of\ndifferent\nweight or\ncomposition\nfrom that\nfixed by law.\n\n187. Whoever, being employed in any mint lawfully established in India, does any act,\nor omits what he is legally bound to do, with the intention of causing any coin issued from\nthat mint to be of a different weight or composition from the weight or composition fixed by\nlaw, shall be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine.\n\nUnlawfully\ntaking coining\ninstrument\nfrom mint.\n\n188. Whoever, without lawful authority, takes out of any mint, lawfully established in\nIndia, any coining tool or instrument, shall be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine.\nCHAPTER XI\nOF OFFENCES AGAINST THE PUBLIC TRANQUILLITY\n\nUnlawful\nassembly.\n\n189. (1) An assembly of five or more persons is designated an “unlawful assembly”, if\nthe common object of the persons composing that assembly is—\n(a) to overawe by criminal force, or show of criminal force, the Central Government\nor any State Government or Parliament or the Legislature of any State, or any public\nservant in the exercise of the lawful power of such public servant; or\n(b) to resist the execution of any law, or of any legal process; or\n(c) to commit any mischief or criminal trespass, or other offence; or\n(d) by means of criminal force, or show of criminal force, to any person, to take or\nobtain possession of any property, or to deprive any person of the enjoyment of a\nright of way, or of the use of water or other incorporeal right of which he is in possession\nor enjoyment, or to enforce any right or supposed right; or\n(e) by means of criminal force, or show of criminal force, to compel any person to\ndo what he is not legally bound to do, or to omit to do what he is legally entitled to do.\nExplanation.—An assembly which was not unlawful when it assembled, may\nsubsequently become an unlawful assembly.\n(2) Whoever, being aware of facts which render any assembly an unlawful assembly,\nintentionally joins that assembly, or continues in it, is said to be a member of an unlawful\nassembly and such member shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine, or with both.\n(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful\nassembly has been commanded in the manner prescribed by law to disperse, shall be punished\nwith imprisonment of either description for a term which may extend to two years, or with\nfine, or with both.\n\n\f(4) Whoever, being armed with any deadly weapon, or with anything which, used as a\nweapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be\npunished with imprisonment of either description for a term which may extend to two years,\nor with fine, or with both.\n(5) Whoever knowingly joins or continues in any assembly of five or more persons\nlikely to cause a disturbance of the public peace, after such assembly has been lawfully\ncommanded to disperse, shall be punished with imprisonment of either description for a term\nwhich may extend to six months, or with fine, or with both.\nExplanation.—If the assembly is an unlawful assembly within the meaning of\nsub-section (1), the offender shall be punishable under sub-section (3).\n(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring,\nengagement or employment of any person to join or become a member of any unlawful\nassembly, shall be punishable as a member of such unlawful assembly, and for any offence\nwhich may be committed by any such person as a member of such unlawful assembly in\npursuance of such hiring, engagement or employment, in the same manner as if he had been\na member of such unlawful assembly, or himself had committed such offence.\n(7) Whoever harbours, receives or assembles, in any house or premises in his\noccupation or charge, or under his control any persons knowing that such persons have\nbeen hired, engaged or employed, or are about to be hired, engaged or employed, to join or\nbecome members of an unlawful assembly, shall be punished with imprisonment of either\ndescription for a term which may extend to six months, or with fine, or with both.\n(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or\nassist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment\nof either description for a term which may extend to six months, or with fine, or with both.\n(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed,\nor engages or offers to go armed, with any deadly weapon or with anything which used as a\nweapon of offence is likely to cause death, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\n190. If an offence is committed by any member of an unlawful assembly in prosecution\nof the common object of that assembly, or such as the members of that assembly knew to be\nlikely to be committed in prosecution of that object, every person who, at the time of the\ncommitting of that offence, is a member of the same assembly, is guilty of that offence.\n\nEvery member\nof unlawful\nassembly guilty\nof offence\ncommitted in\nprosecution of\ncommon\nobject.\n\n191. (1) Whenever force or violence is used by an unlawful assembly, or by any Rioting.\nmember thereof, in prosecution of the common object of such assembly, every member of\nsuch assembly is guilty of the offence of rioting.\n(2) Whoever is guilty of rioting, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\n(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything\nwhich, used as a weapon of offence, is likely to cause death, shall be punished with\nimprisonment of either description for a term which may extend to five years, or with fine, or\nwith both.\n192.Whoever malignantly, or wantonly by doing anything which is illegal, gives\nprovocation to any person intending or knowing it to be likely that such provocation will\ncause the offence of rioting to be committed, shall, if the offence of rioting be committed in\nconsequence of such provocation, be punished with imprisonment of either description for\na term which may extend to one year, or with fine, or with both; and if the offence of rioting\nbe not committed, with imprisonment of either description for a term which may extend to six\nmonths, or with fine, or with both.\n\nWantonly\ngiving\nprovocation\nwith intent to\ncause riot-if\nrioting be\ncommitted; if\nnot\ncommitted.\n\n\fLiability of\nowner,\noccupier, etc.,\nof land on\nwhich an\nunlawful\nassembly or\nriot takes\nplace.\n\n193. (1) Whenever any unlawful assembly or riot takes place, the owner or occupier of\nthe land upon which such unlawful assembly is held, or such riot is committed, and any\nperson having or claiming an interest in such land, shall be punishable with fine not exceeding\none thousand rupees, if he or his agent or manager, knowing that such offence is being or\nhas been committed, or having reason to believe it is likely to be committed, do not give\nthe earliest notice thereof in his or their power to the officer in charge at the nearest\npolice station, and do not, in the case of his or their having reason to believe that it was about\nto be committed, use all lawful means in his or their power to prevent it and, in the event of its\ntaking place, do not use all lawful means in his or their power to disperse or suppress the riot\nor unlawful assembly.\n(2) Whenever a riot is committed for the benefit or on behalf of any person who is the\nowner or occupier of any land respecting which such riot takes place or who claims any\ninterest in such land, or in the subject of any dispute which gave rise to the riot, or who has\naccepted or derived any benefit therefrom, such person shall be punishable with fine, if he or\nhis agent or manager, having reason to believe that such riot was likely to be committed or\nthat the unlawful assembly by which such riot was committed was likely to be held, shall not\nrespectively use all lawful means in his or their power to prevent such assembly or riot from\ntaking place, and for suppressing and dispersing the same.\n(3) Whenever a riot is committed for the benefit or on behalf of any person who is the\nowner or occupier of any land respecting which such riot takes place, or who claims any\ninterest in such land, or in the subject of any dispute which gave rise to the riot, or who has\naccepted or derived any benefit therefrom, the agent or manager of such person shall be\npunishable with fine, if such agent or manager, having reason to believe that such riot was\nlikely to be committed, or that the unlawful assembly by which such riot was committed was\nlikely to be held, shall not use all lawful means in his power to prevent such riot or assembly\nfrom taking place and for suppressing and dispersing the same.\n\nAffray.\n\n194. (1) When two or more persons, by fighting in a public place, disturb the public\npeace, they are said to commit an affray.\n(2) Whoever commits an affray, shall be punished with imprisonment of either description\nfor a term which may extend to one month, or with fine which may extend to one thousand\nrupees, or with both.\n\nAssaulting or\nobstructing\npublic servant\nwhen\nsuppressing\nriot, etc.\n\n195. (1) Whoever assaults or obstructs any public servant or uses criminal force on\nany public servant in the discharge of his duty as such public servant in endeavouring to\ndisperse an unlawful assembly, or to suppress a riot or affray, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine\nwhich shall not be less than twenty-five thousand rupees, or with both.\n(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens\nor attempts to use criminal force to any public servant in the discharge of his duty as such\npublic servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or\naffray, shall be punished with imprisonment of either description for a term which may extend\nto one year, or with fine, or with both.\n\nPromoting\nenmity\nbetween\ndifferent\ngroups on\ngrounds of\nreligion, race,\nplace of birth,\nresidence,\nlanguage, etc.,\nand doing acts\nprejudicial to\nmaintenance\nof harmony.\n\n196. (1) Whoever—\n(a) by words, either spoken or written, or by signs or by visible representations\nor through electronic communication or otherwise, promotes or attempts to promote,\non grounds of religion, race, place of birth, residence, language, caste or community or\nany other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will\nbetween different religious, racial, language or regional groups or castes or\ncommunities; or\n\n\f(b) commits any act which is prejudicial to the maintenance of harmony between\ndifferent religious, racial, language or regional groups or castes or communities, and\nwhich disturbs or is likely to disturb the public tranquillity; or\n(c) organises any exercise, movement, drill or other similar activity intending that\nthe participants in such activity shall use or be trained to use criminal force or violence\nor knowing it to be likely that the participants in such activity will use or be trained to\nuse criminal force or violence, or participates in such activity intending to use or be\ntrained to use criminal force or violence or knowing it to be likely that the participants\nin such activity will use or be trained to use criminal force or violence, against any\nreligious, racial, language or regional group or caste or community and such activity\nfor any reason whatsoever causes or is likely to cause fear or alarm or a feeling of\ninsecurity amongst members of such religious, racial, language or regional group or\ncaste or community,\nshall be punished with imprisonment which may extend to three years, or with fine, or with\nboth.\n(2) Whoever commits an offence specified in sub-section (1) in any place of worship\nor in any assembly engaged in the performance of religious worship or religious ceremonies,\nshall be punished with imprisonment which may extend to five years and shall also be liable\nto fine.\n197. (1) Whoever, by words either spoken or written or by signs or by visible Imputations,\nassertions\nrepresentations or through electronic communication or otherwise,—\nprejudicial to\n(a) makes or publishes any imputation that any class of persons cannot, by national\nintegration.\nreason of their being members of any religious, racial, language or regional group or\ncaste or community, bear true faith and allegiance to the Constitution of India as by law\nestablished or uphold the sovereignty and integrity of India; or\n(b) asserts, counsels, advises, propagates or publishes that any class of persons\nshall, by reason of their being members of any religious, racial, language or regional\ngroup or caste or community, be denied, or deprived of their rights as citizens of India; or\n(c) makes or publishes any assertion, counsel, plea or appeal concerning the\nobligation of any class of persons, by reason of their being members of any religious,\nracial, language or regional group or caste or community, and such assertion, counsel,\nplea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or\nill-will between such members and other persons; or\n(d) makes or publishes false or misleading information, jeopardising the\nsovereignty, unity and integrity or security of India,\nshall be punished with imprisonment which may extend to three years, or with fine, or with\nboth.\n(2) Whoever commits an offence specified in sub-section (1) in any place of worship\nor in any assembly engaged in the performance of religious worship or religious ceremonies,\nshall be punished with imprisonment which may extend to five years and shall also be liable\nto fine.\nCHAPTER XII\nOF OFFENCES BY OR RELATING TO PUBLIC SERVANTS\n198. Whoever, being a public servant, knowingly disobeys any direction of the law as\nto the way in which he is to conduct himself as such public servant, intending to cause, or\nknowing it to be likely that he will by such disobedience, cause injury to any person, shall be\npunished with simple imprisonment for a term which may extend to one year, or with fine, or\nwith both.\n\nPublic servant\ndisobeying law,\nwith intent to\ncause injury to\nany person.\n\n\fIllustration.\nA, being an officer directed by law to take property in execution, in order to satisfy a\ndecree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with\nthe knowledge that he is likely thereby to cause injury to Z. A has committed the offence\ndefined in this section.\nPublic servant\ndisobeying\ndirection under\nlaw.\n\n199. Whoever, being a public servant,—\n(a) knowingly disobeys any direction of the law which prohibits him from requiring\nthe attendance at any place of any person for the purpose of investigation into an\noffence or any other matter; or\n(b) knowingly disobeys, to the prejudice of any person, any other direction of\nthe law regulating the manner in which he shall conduct such investigation; or\n(c) fails to record any information given to him under sub-section (1) of\nsection 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable\noffence punishable under section 64, section 65, section 66, section 67, section 68,\nsection 70, section 71, section 74, section 76, section 77, section 79, section 124,\nsection 143 or section 144,\nshall be punished with rigorous imprisonment for a term which shall not be less than six\nmonths but which may extend to two years, and shall also be liable to fine.\n\nPunishment\nfor nontreatment of\nvictim.\n\n200. Whoever, being in charge of a hospital, public or private, whether run by the\nCentral Government, the State Government, local bodies or any other person, contravenes\nthe provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be\npunished with imprisonment for a term which may extend to one year, or with fine, or with\nboth.\n\nPublic servant\nframing an\nincorrect\ndocument with\nintent to cause\ninjury.\n\n201. Whoever, being a public servant, and being, as such public servant, charged with\nthe preparation or translation of any document or electronic record, frames, prepares or\ntranslates that document or electronic record in a manner which he knows or believes to be\nincorrect, intending thereby to cause or knowing it to be likely that he may thereby cause\ninjury to any person, shall be punished with imprisonment of either description for a term\nwhich may extend to three years, or with fine, or with both.\n\nPublic servant\nunlawfully\nengaging in\ntrade.\n\n202. Whoever, being a public servant, and being legally bound as such public servant\nnot to engage in trade, engages in trade, shall be punished with simple imprisonment for a\nterm which may extend to one year, or with fine, or with both or with community service.\n\nPublic servant\nunlawfully\nbuying or\nbidding for\nproperty.\n\n203. Whoever, being a public servant, and being legally bound as such public servant,\nnot to purchase or bid for certain property, purchases or bids for that property, either in his\nown name or in the name of another, or jointly, or in shares with others, shall be punished\nwith simple imprisonment for a term which may extend to two years, or with fine, or with both;\nand the property, if purchased, shall be confiscated.\n\nPersonating a\npublic servant.\n\n204. Whoever pretends to hold any particular office as a public servant, knowing that\nhe does not hold such office or falsely personates any other person holding such office, and\nin such assumed character does or attempts to do any act under colour of such office, shall\nbe punished with imprisonment of either description for a term which shall not be less than\nsix months but which may extend to three years and with fine.\n\nWearing garb\nor carrying\ntoken used by\npublic servant\nwith fraudulent\nintent.\n\n205. Whoever, not belonging to a certain class of public servants, wears any garb or\ncarries any token resembling any garb or token used by that class of public servants, with\nthe intention that it may be believed, or with the knowledge that it is likely to be believed, that\nhe belongs to that class of public servants, shall be punished with imprisonment of either\ndescription for a term which may extend to three months, or with fine which may extend to\nfive thousand rupees, or with both.\n\n\fCHAPTER XIII\nOF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS\n206. Whoever absconds in order to avoid being served with a summons, notice or\norder proceeding from any public servant legally competent, as such public servant, to issue\nsuch summons, notice or order,––\n(a) shall be punished with simple imprisonment for a term which may extend to\none month, or with fine which may extend to five thousand rupees, or with both;\n\nAbsconding to\navoid service\nof summons or\nother\nproceeding.\n\n(b) where such summons or notice or order is to attend in person or by agent, or\nto produce a document or an electronic record in a Court shall be punished with simple\nimprisonment for a term which may extend to six months, or with fine which may extend\nto ten thousand rupees, or with both.\n207. Whoever in any manner intentionally prevents the serving on himself, or on any\nother person, of any summons, notice or order proceeding from any public servant legally\ncompetent, as such public servant, to issue such summons, notice or order, or intentionally\nprevents the lawful affixing to any place of any such summons, notice or order or intentionally\nremoves any such summons, notice or order from any place to which it is lawfully affixed or\nintentionally prevents the lawful making of any proclamation, under the authority of any\npublic servant legally competent, as such public servant, to direct such proclamation to be\nmade,––\n\nPreventing\nservice of\nsummons or\nother\nproceeding, or\npreventing\npublication\nthereof.\n\n(a) shall be punished with simple imprisonment for a term which may extend to\none month, or with fine which may extend to five thousand rupees, or with both;\n(b) where the summons, notice, order or proclamation is to attend in person or by\nagent, or to produce a document or electronic record in a Court, with simple\nimprisonment for a term which may extend to six months, or with fine which may extend\nto ten thousand rupees, or with both.\n208. Whoever, being legally bound to attend in person or by an agent at a certain place\nand time in obedience to a summons, notice, order, or proclamation proceeding from any\npublic servant legally competent, as such public servant, to issue the same, intentionally\nomits to attend at that place or time or departs from the place where he is bound to attend\nbefore the time at which it is lawful for him to depart,––\n\nNonattendance in\nobedience to\nan order from\npublic servant.\n\n(a) shall be punished with simple imprisonment for a term which may extend to\none month, or with fine which may extend to five thousand rupees, or with both;\n(b) where the summons, notice, order or proclamation is to attend in person or by\nagent in a Court with simple imprisonment for a term which may extend to six months,\nor with fine which may extend to ten thousand rupees, or with both.\nIllustrations.\n(a) A, being legally bound to appear before a High Court, in obedience to a\nsubpoena issuing from that Court, intentionally omits to appear. A has committed the\noffence defined in this section.\n(b) A, being legally bound to appear before a District Judge, as a witness, in\nobedience to a summons issued by that District Judge intentionally omits to appear. A\nhas committed the offence defined in this section.\n209. Whoever fails to appear at the specified place and the specified time as required\nby a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik\nSuraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to\nthree years, or with fine, or with both, or with community service, and where a declaration has\nbeen made under sub-section (4) of that section pronouncing him as a proclaimed offender,\nhe shall be punished with imprisonment for a term which may extend to seven years and shall\nalso be liable to fine.\n\nNonappearance in\nresponse to a\nproclamation\nunder\nsection 84 of\nBharatiya\nNagarik\nSuraksha\nSanhita, 2023.\n\n\fOmission to\nproduce\ndocument or\nelectronic\nrecord to\npublic servant\nby person\nlegally bound\nto produce it.\n\n210. Whoever, being legally bound to produce or deliver up any document or electronic\nrecord to any public servant, as such, intentionally omits so to produce or deliver up the\nsame,––\n(a) shall be punished with simple imprisonment for a term which may extend to\none month, or with fine which may extend to five thousand rupees, or with both;\n(b) and where the document or electronic record is to be produced or delivered\nup to a Court with simple imprisonment for a term which may extend to six months, or\nwith fine which may extend to ten thousand rupees, or with both.\nIllustration.\nA, being legally bound to produce a document before a District Court, intentionally\nomits to produce the same. A has committed the offence defined in this section.\n\nOmission to\ngive notice or\ninformation to\npublic servant\nby person\nlegally bound\nto give it.\n\n211. Whoever, being legally bound to give any notice or to furnish information on any\nsubject to any public servant, as such, intentionally omits to give such notice or to furnish\nsuch information in the manner and at the time required by law,––\n(a) shall be punished with simple imprisonment for a term which may extend to\none month, or with fine which may extend to five thousand rupees, or with both;\n(b) where the notice or information required to be given respects the commission\nof an offence, or is required for the purpose of preventing the commission of an\noffence, or in order to the apprehension of an offender, with simple imprisonment for a\nterm which may extend to six months, or with fine which may extend to ten thousand\nrupees, or with both;\n(c) where the notice or information required to be given is required by an order\npassed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with\nimprisonment of either description for a term which may extend to six months, or with\nfine which may extend to one thousand rupees, or with both.\n\nFurnishing\nfalse\ninformation.\n\n212. Whoever, being legally bound to furnish information on any subject to any\npublic servant, as such, furnishes, as true, information on the subject which he knows or has\nreason to believe to be false,––\n(a) shall be punished with simple imprisonment for a term which may extend to\nsix months, or with fine which may extend to five thousand rupees, or with both;\n(b) where the information which he is legally bound to give respects the\ncommission of an offence, or is required for the purpose of preventing the commission\nof an offence, or in order to the apprehension of an offender, with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\nIllustrations.\n(a) A, a landholder, knowing of the commission of a murder within the limits of\nhis estate, wilfully misinforms the Magistrate of the district that the death has occurred\nby accident in consequence of the bite of a snake. A is guilty of the offence defined in\nthis section.\n(b) A, a village watchman, knowing that a considerable body of strangers has\npassed through his village in order to commit a dacoity in the house of Z, a wealthy\nmerchant residing in a neighbouring place, and being legally bound to give early and\npunctual information of the above fact to the officer of the nearest police station,\nwilfully misinforms the police officer that a body of suspicious characters passed\nthrough the village with a view to commit dacoity in a certain distant place in a different\ndirection. Here A is guilty of the offence defined in this section.\n\n\fExplanation.—In section 211 and in this section the word “offence” include any act\ncommitted at any place out of India, which, if committed in India, would be punishable\nunder any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of\nsection 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of\nsection 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of\nsection 332 and the word “offender” includes any person who is alleged to have been\nguilty of any such act.\n213. Whoever refuses to bind himself by an oath or affirmation to state the truth,\nwhen required so to bind himself by a public servant legally competent to require that he\nshall so bind himself, shall be punished with simple imprisonment for a term which may\nextend to six months, or with fine which may extend to five thousand rupees, or with both.\n\nRefusing oath\nor affirmation\nwhen duly\nrequired by\npublic servant\nto make it.\n\n214. Whoever, being legally bound to state the truth on any subject to any public\nservant, refuses to answer any question demanded of him touching that subject by such\npublic servant in the exercise of the legal powers of such public servant, shall be punished\nwith simple imprisonment for a term which may extend to six months, or with fine which\nmay extend to five thousand rupees, or with both.\n\nRefusing to\nanswer public\nservant\nauthorised to\nquestion.\n\n215. Whoever refuses to sign any statement made by him, when required to sign Refusing to\nthat statement by a public servant legally competent to require that he shall sign that sign statement.\nstatement, shall be punished with simple imprisonment for a term which may extend to\nthree months, or with fine which may extend to three thousand rupees, or with both.\n216. Whoever, being legally bound by an oath or affirmation to state the truth on\nany subject to any public servant or other person authorised by law to administer such\noath or affirmation, makes, to such public servant or other person as aforesaid, touching\nthat subject, any statement which is false, and which he either knows or believes to be\nfalse or does not believe to be true, shall be punished with imprisonment of either\ndescription for a term which may extend to three years, and shall also be liable to fine.\n\nFalse\nstatement on\noath or\naffirmation to\npublic servant\nor person\nauthorised to\nadminister an\noath or\naffirmation.\n\n217. Whoever gives to any public servant any information which he knows or\nbelieves to be false, intending thereby to cause, or knowing it to be likely that he will\nthereby cause, such public servant—\n\nFalse\ninformation,\nwith intent to\ncause public\nservant to use\nhis lawful\npower to\ninjury of\nanother\nperson.\n\n(a) to do or omit anything which such public servant ought not to do or omit\nif the true state of facts respecting which such information is given were known by\nhim; or\n(b) to use the lawful power of such public servant to the injury or annoyance\nof any person,\nshall be punished with imprisonment of either description for a term which may extend to\none year, or with fine which may extend to ten thousand rupees, or with both.\nIllustrations.\n(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate,\nhas been guilty of neglect of duty or misconduct, knowing such information to be false,\nand knowing it to be likely that the information will cause the Magistrate to dismiss Z. A\nhas committed the offence defined in this section.\n(b) A falsely informs a public servant that Z has contraband salt in a secret place,\nknowing such information to be false, and knowing that it is likely that the consequence\nof the information will be a search of Z’s premises, attended with annoyance to Z. A has\ncommitted the offence defined in this section.\n\n\f(c) A falsely informs a policeman that he has been assaulted and robbed in the\nneighbourhood of a particular village. He does not mention the name of any person as one\nof his assailants, but knows it to be likely that in consequence of this information the\npolice will make enquiries and institute searches in the village to the annoyance of the\nvillagers or some of them. A has committed an offence under this section.\nResistance to\ntaking of\nproperty by\nlawful\nauthority of a\npublic servant.\n\n218. Whoever offers any resistance to the taking of any property by the lawful\nauthority of any public servant, knowing or having reason to believe that he is such\npublic servant, shall be punished with imprisonment of either description for a term which\nmay extend to six months, or with fine which may extend to ten thousand rupees, or with\nboth.\n\nObstructing\nsale of\nproperty\noffered for sale\nby authority of\npublic servant.\n\n219. Whoever intentionally obstructs any sale of property offered for sale by the\nlawful authority of any public servant, as such, shall be punished with imprisonment of\neither description for a term which may extend to one month, or with fine which may\nextend to five thousand rupees, or with both.\n\nIllegal purchase\nor bid for\nproperty\noffered for sale\nby authority of\npublic servant.\n\n220. Whoever, at any sale of property held by the lawful authority of a public\nservant, as such, purchases or bids for any property on account of any person, whether\nhimself or any other, whom he knows to be under a legal incapacity to purchase that\nproperty at that sale, or bids for such property not intending to perform the obligations\nunder which he lays himself by such bidding, shall be punished with imprisonment of\neither description for a term which may extend to one month, or with fine which may\nextend to two hundred rupees, or with both.\n\nObstructing\npublic servant\nin discharge of\npublic\nfunctions.\n\n221. Whoever voluntarily obstructs any public servant in the discharge of his\npublic functions, shall be punished with imprisonment of either description for a term\nwhich may extend to three months, or with fine which may extend to two thousand and\nfive hundred rupees, or with both.\n\nOmission to\nassist public\nservant when\nbound by law\nto give\nassistance.\n\n222. Whoever, being bound by law to render or furnish assistance to any public\nservant in the execution of his public duty, intentionally omits to give such assistance,––\n(a) shall be punished with simple imprisonment for a term which may extend\nto one month, or with fine which may extend to two thousand and five hundred\nrupees, or with both;\n(b) and where such assistance be demanded of him by a public servant legally\ncompetent to make such demand for the purposes of executing any process lawfully\nissued by a Court or of preventing the commission of an offence, or suppressing a\nriot, or affray, or of apprehending a person charged with or guilty of an offence, or\nof having escaped from lawful custody, shall be punished with simple imprisonment\nfor a term which may extend to six months, or with fine which may extend to five\nthousand rupees, or with both.\n\nDisobedience\nto order duly\npromulgated\nby public\nservant.\n\n223. Whoever, knowing that, by an order promulgated by a public servant lawfully\nempowered to promulgate such order, he is directed to abstain from a certain act, or to take\ncertain order with certain property in his possession or under his management, disobeys\nsuch direction,––\n(a) shall, if such disobedience causes or tends to cause obstruction, annoyance\nor injury, or risk of obstruction, annoyance or injury, to any person lawfully employed,\nbe punished with simple imprisonment for a term which may extend to six months, or\nwith fine which may extend to two thousand and five hundred rupees, or with both;\n\n\f(b) and where such disobedience causes or tends to cause danger to human\nlife, health or safety, or causes or tends to cause a riot or affray, shall be punished\nwith imprisonment of either description for a term which may extend to one year, or\nwith fine which may extend to five thousand rupees, or with both.\nExplanation.—It is not necessary that the offender should intend to produce harm,\nor contemplate his disobedience as likely to produce harm. It is sufficient that he knows of\nthe order which he disobeys, and that his disobedience produces, or is likely to produce,\nharm.\nIllustration.\nAn order is promulgated by a public servant lawfully empowered to promulgate\nsuch order, directing that a religious procession shall not pass down a certain street. A\nknowingly disobeys the order, and thereby causes danger of riot. A has committed the\noffence defined in this section.\n224. Whoever holds out any threat of injury to any public servant, or to any person Threat of\nin whom he believes that public servant to be interested, for the purpose of inducing that injury to\npublic servant.\npublic servant to do any act, or to forbear or delay to do any act, connected with the\nexercise of the public functions of such public servant, shall be punished with imprisonment\nof either description for a term which may extend to two years, or with fine, or with both.\n225. Whoever holds out any threat of injury to any person for the purpose of\ninducing that person to refrain or desist from making a legal application for protection\nagainst any injury to any public servant legally empowered as such to give such protection,\nor to cause such protection to be given, shall be punished with imprisonment of either\ndescription for a term which may extend to one year, or with fine, or with both.\n\nThreat of\ninjury to\ninduce person\nto refrain\nfrom applying\nfor protection\nto public\nservant.\n\n226. Whoever attempts to commit suicide with the intent to compel or restrain any\npublic servant from discharging his official duty shall be punished with simple imprisonment\nfor a term which may extend to one year, or with fine, or with both, or with community\nservice.\n\nAttempt to\ncommit suicide\nto compel or\nrestrain\nexercise of\nlawful power.\n\nCHAPTER XIV\nOF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE\n\n227. Whoever, being legally bound by an oath or by an express provision of law to Giving false\nstate the truth, or being bound by law to make a declaration upon any subject, makes any evidence.\nstatement which is false, and which he either knows or believes to be false or does not\nbelieve to be true, is said to give false evidence.\nExplanation 1.—A statement is within the meaning of this section, whether it is\nmade verbally or otherwise.\nExplanation 2.—A false statement as to the belief of the person attesting is within\nthe meaning of this section, and a person may be guilty of giving false evidence by\nstating that he believes a thing which he does not believe, as well as by stating that he\nknows a thing which he does not know.\nIllustrations.\n(a) A, in support of a just claim which B has against Z for one thousand rupees,\nfalsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false\nevidence.\n\n\f(b) A, being bound by an oath to state the truth, states that he believes a certain\nsignature to be the handwriting of Z, when he does not believe it to be the handwriting of\nZ. Here A states that which he knows to be false, and therefore gives false evidence.\n(c) A, knowing the general character of Z’s handwriting, states that he believes a\ncertain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s\nstatement is merely as to his belief, and is true as to his belief, and therefore, although the\nsignature may not be the handwriting of Z, A has not given false evidence.\n(d) A, being bound by an oath to state the truth, states that he knows that Z was at\na particular place on a particular day, not knowing anything upon the subject. A gives\nfalse evidence whether Z was at that place on the day named or not.\n(e) A, an interpreter or translator, gives or certifies as a true interpretation or\ntranslation of a statement or document which he is bound by oath to interpret or translate\ntruly, that which is not and which he does not believe to be a true interpretation or\ntranslation. A has given false evidence.\nFabricating\nfalse evidence.\n\n228. Whoever causes any circumstance to exist or makes any false entry in any\nbook or record, or electronic record or makes any document or electronic record containing\na false statement, intending that such circumstance, false entry or false statement may\nappear in evidence in a judicial proceeding, or in a proceeding taken by law before a public\nservant as such, or before an arbitrator, and that such circumstance, false entry or false\nstatement, so appearing in evidence, may cause any person who in such proceeding is to\nform an opinion upon the evidence, to entertain an erroneous opinion touching any point\nmaterial to the result of such proceeding is said “to fabricate false evidence”.\nIllustrations.\n(a) A puts jewels into a box belonging to Z, with the intention that they may be\nfound in that box, and that this circumstance may cause Z to be convicted of theft. A has\nfabricated false evidence.\n(b) A makes a false entry in his shop-book for the purpose of using it as corroborative\nevidence in a Court. A has fabricated false evidence.\n(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes\na letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in\nsuch criminal conspiracy, and puts the letter in a place which he knows that the officers of\nthe police are likely to search. A has fabricated false evidence.\n\nPunishment\nfor false\nevidence.\n\n229. (1) Whoever intentionally gives false evidence in any stage of a judicial\nproceeding, or fabricates false evidence for the purpose of being used in any stage of a\njudicial proceeding, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine which may extend to ten\nthousand rupees.\n(2) Whoever intentionally gives or fabricates false evidence in any case other than\nthat referred to in sub-section (1), shall be punished with imprisonment of either description\nfor a term which may extend to three years, and shall also be liable to fine which may\nextend to five thousand rupees.\n\n\fExplanation 1.—A trial before a Court-martial is a judicial proceeding.\nExplanation 2.—An investigation directed by law preliminary to a proceeding before\na Court, is a stage of a judicial proceeding, though that investigation may not take place\nbefore a Court.\nIllustration.\nA, in an enquiry before a Magistrate for the purpose of ascertaining whether Z\nought to be committed for trial, makes on oath a statement which he knows to be false. As\nthis enquiry is a stage of a judicial proceeding, A has given false evidence.\nExplanation 3.—An investigation directed by a Court according to law, and\nconducted under the authority of a Court, is a stage of a judicial proceeding, though that\ninvestigation may not take place before a Court.\nIllustration.\nA, in an enquiry before an officer deputed by a Court to ascertain on the spot the\nboundaries of land, makes on oath a statement which he knows to be false. As this\nenquiry is a stage of a judicial proceeding, A has given false evidence.\n230. (1) Whoever gives or fabricates false evidence, intending thereby to cause, or\nknowing it to be likely that he will thereby cause, any person to be convicted of an\noffence which is capital by the law for the time being in force in India shall be punished\nwith imprisonment for life, or with rigorous imprisonment for a term which may extend to\nten years, and shall also be liable to fine which may extend to fifty thousand rupees.\n(2) If an innocent person be convicted and executed in consequence of false evidence\nreferred to in sub-section (1), the person who gives such false evidence shall be punished\neither with death or the punishment specified in sub-section (1).\n231. Whoever gives or fabricates false evidence intending thereby to cause, or\nknowing it to be likely that he will thereby cause, any person to be convicted of an\noffence which by the law for the time being in force in India is not capital, but punishable\nwith imprisonment for life, or imprisonment for a term of seven years or upwards, shall be\npunished as a person convicted of that offence would be liable to be punished.\nIllustration.\nA gives false evidence before a Court, intending thereby to cause Z to be convicted\nof a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment\nfor a term which may extend to ten years, with or without fine. A, therefore, is liable to\nimprisonment for life or imprisonment, with or without fine.\n232. (1) Whoever threatens another with any injury to his person, reputation or\nproperty or to the person or reputation of any one in whom that person is interested, with\nintent to cause that person to give false evidence shall be punished with imprisonment of\neither description for a term which may extend to seven years, or with fine, or with both.\n(2) If innocent person is convicted and sentenced in consequence of false evidence\nreferred to in sub-section (1), with death or imprisonment for more than seven years, the\nperson who threatens shall be punished with the same punishment and sentence in the\nsame manner and to the same extent such innocent person is punished and sentenced.\n\nGiving or\nfabricating\nfalse evidence\nwith intent to\nprocure\nconviction of\ncapital\noffence.\n\nGiving or\nfabricating\nfalse evidence\nwith intent to\nprocure\nconviction of\noffence\npunishable with\nimprisonment\nfor life or\nimprisonment.\n\nThreatening\nany person to\ngive false\nevidence.\n\n\fUsing evidence\nknown to be\nfalse.\n\n233. Whoever corruptly uses or attempts to use as true or genuine evidence any\nevidence which he knows to be false or fabricated, shall be punished in the same manner\nas if he gave or fabricated false evidence.\n\nIssuing or\nsigning false\ncertificate.\n\n234. Whoever issues or signs any certificate required by law to be given or signed,\nor relating to any fact of which such certificate is by law admissible in evidence, knowing\nor believing that such certificate is false in any material point, shall be punished in the\nsame manner as if he gave false evidence.\n\nUsing as true a\ncertificate\nknown to be\nfalse.\n\n235. Whoever corruptly uses or attempts to use any such certificate as a true\ncertificate, knowing the same to be false in any material point, shall be punished in the\nsame manner as if he gave false evidence.\n\nFalse\nstatement\nmade in\ndeclaration\nwhich is by\nlaw receivable\nas evidence.\n\n236. Whoever, in any declaration made or subscribed by him, which declaration any\nCourt or any public servant or other person, is bound or authorised by law to receive as\nevidence of any fact, makes any statement which is false, and which he either knows or\nbelieves to be false or does not believe to be true, touching any point material to the\nobject for which the declaration is made or used, shall be punished in the same manner as\nif he gave false evidence.\n\nUsing as true\nsuch\ndeclaration\nknowing it to\nbe false.\n\n237. Whoever corruptly uses or attempts to use as true any such declaration,\nknowing the same to be false in any material point, shall be punished in the same manner\nas if he gave false evidence.\n\nCausing\ndisappearance\nof evidence of\noffence, or\ngiving false\ninformation\nto screen\noffender.\n\n238. Whoever, knowing or having reason to believe that an offence has been\ncommitted, causes any evidence of the commission of that offence to disappear, with the\nintention of screening the offender from legal punishment, or with that intention gives any\ninformation respecting the offence which he knows or believes to be false shall,—\n\nExplanation.—A declaration which is inadmissible merely upon the ground of some\ninformality, is a declaration within the meaning of section 236 and this section.\n\n(a) if the offence which he knows or believes to have been committed is\npunishable with death, be punished with imprisonment of either description for a\nterm which may extend to seven years, and shall also be liable to fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment\nwhich may extend to ten years, be punished with imprisonment of either description\nfor a term which may extend to three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment for any term not extending\nto ten years, be punished with imprisonment of the description provided for the\noffence, for a term which may extend to one-fourth part of the longest term of the\nimprisonment provided for the offence, or with fine, or with both.\nIllustration.\nA, knowing that B has murdered Z, assists B to hide the body with the intention of\nscreening B from punishment. A is liable to imprisonment of either description for seven\nyears, and also to fine.\n\nIntentional\nomission to\ngive\ninformation\nof offence by\nperson bound\nto inform.\n\n239. Whoever, knowing or having reason to believe that an offence has been\ncommitted, intentionally omits to give any information respecting that offence which he is\nlegally bound to give, shall be punished with imprisonment of either description for a term\nwhich may extend to six months, or with fine which may extend to five thousand rupees,\nor with both.\n\n\f240. Whoever, knowing or having reason to believe that an offence has been\ncommitted, gives any information respecting that offence which he knows or believes to\nbe false, shall be punished with imprisonment of either description for a term which may\nextend to two years, or with fine, or with both.\n\nGiving false\ninformation\nrespecting an\noffence\ncommitted.\n\nExplanation.—In sections 238 and 239 and in this section the word “offence”\nincludes any act committed at any place out of India, which, if committed in India, would\nbe punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2),\n(3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312,\nclauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331,\nclauses (a) and (b) of section 332.\n241. Whoever secretes or destroys any document or electronic record which he\nmay be lawfully compelled to produce as evidence in a Court or in any proceeding\nlawfully held before a public servant, as such, or obliterates or renders illegible the whole\nor any part of such document or electronic record with the intention of preventing the\nsame from being produced or used as evidence before such Court or public servant as\naforesaid, or after he shall have been lawfully summoned or required to produce the same\nfor that purpose, shall be punished with imprisonment of either description for a term\nwhich may extend to three years, or with fine which may extend to five thousand rupees,\nor with both.\n\nDestruction of\ndocument or\nelectronic\nrecord to\nprevent its\nproduction as\nevidence.\n\n242. Whoever falsely personates another, and in such assumed character makes\nany admission or statement, or confesses judgment, or causes any process to be issued or\nbecomes bail or security, or does any other act in any suit or criminal prosecution, shall be\npunished with imprisonment of either description for a term which may extend to three\nyears, or with fine, or with both.\n\nFalse\npersonation\nfor purpose of\nact or\nproceeding in\nsuit or\nprosecution.\n\n243. Whoever fraudulently removes, conceals, transfers or delivers to any person\nany property or any interest therein, intending thereby to prevent that property or interest\ntherein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which\nhas been pronounced, or which he knows to be likely to be pronounced, by a Court or\nother competent authority, or from being taken in execution of a decree or order which has\nbeen made, or which he knows to be likely to be made by a Court in a civil suit, shall be\npunished with imprisonment of either description for a term which may extend to three\nyears, or with fine which may extend to five thousand rupees, or with both.\n\nFraudulent\nremoval or\nconcealment\nof property to\nprevent its\nseizure as\nforfeited or in\nexecution.\n\n244. Whoever fraudulently accepts, receives or claims any property or any interest\ntherein, knowing that he has no right or rightful claim to such property or interest, or\npractises any deception touching any right to any property or any interest therein,\nintending thereby to prevent that property or interest therein from being taken as a forfeiture\nor in satisfaction of a fine, under a sentence which has been pronounced, or which he\nknows to be likely to be pronounced by a Court or other competent authority, or from\nbeing taken in execution of a decree or order which has been made, or which he knows to\nbe likely to be made by a Court in a civil suit, shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\n\nFraudulent\nclaim to\nproperty to\nprevent its\nseizure as\nforfeited or in\nexecution.\n\n245. Whoever fraudulently causes or suffers a decree or order to be passed against\nhim at the suit of any person for a sum not due or for a larger sum than is due to such\nperson or for any property or interest in property to which such person is not entitled, or\nfraudulently causes or suffers a decree or order to be executed against him after it has\nbeen satisfied, or for anything in respect of which it has been satisfied, shall be punished\nwith imprisonment of either description for a term which may extend to two years, or with\nfine, or with both.\n\nFraudulently\nsuffering\ndecree for sum\nnot due.\n\n\fIllustration.\nA institutes a suit against Z. Z, knowing that A is likely to obtain a decree against\nhim, fraudulently suffers a judgment to pass against him for a larger amount at the suit of\nB, who has no just claim against him, in order that B, either on his own account or for the\nbenefit of Z, may share in the proceeds of any sale of Z’s property which may be made\nunder A’s decree. Z has committed an offence under this section.\nDishonestly\nmaking false\nclaim in\nCourt.\n\n246. Whoever fraudulently or dishonestly, or with intent to injure or annoy any\nperson, makes in a Court any claim which he knows to be false, shall be punished with\nimprisonment of either description for a term which may extend to two years, and shall\nalso be liable to fine.\n\nFraudulently\nobtaining\ndecree for sum\nnot due.\n\n247. Whoever fraudulently obtains a decree or order against any person for a sum\nnot due, or for a larger sum than is due or for any property or interest in property to which\nhe is not entitled, or fraudulently causes a decree or order to be executed against any\nperson after it has been satisfied or for anything in respect of which it has been satisfied,\nor fraudulently suffers or permits any such act to be done in his name, shall be punished\nwith imprisonment of either description for a term which may extend to two years, or with\nfine, or with both.\n\nFalse charge\nof offence\nmade with\nintent to\ninjure.\n\n248. Whoever, with intent to cause injury to any person, institutes or causes to be\ninstituted any criminal proceeding against that person, or falsely charges any person with\nhaving committed an offence, knowing that there is no just or lawful ground for such\nproceeding or charge against that person,—\n(a) shall be punished with imprisonment of either description for a term which\nmay extend to five years, or with fine which may extend to two lakh rupees, or with\nboth;\n(b) if such criminal proceeding be instituted on a false charge of an offence\npunishable with death, imprisonment for life, or imprisonment for ten years or upwards,\nshall be punishable with imprisonment of either description for a term which may\nextend to ten years, and shall also be liable to fine.\n\nHarbouring\noffender.\n\n249. Whenever an offence has been committed, whoever harbours or conceals a\nperson whom he knows or has reason to believe to be the offender, with the intention of\nscreening him from legal punishment shall,—\n(a) if the offence is punishable with death, be punished with imprisonment of\neither description for a term which may extend to five years, and shall also be liable\nto fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment\nwhich may extend to ten years, be punished with imprisonment of either description\nfor a term which may extend to three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment which may extend to one\nyear, and not to ten years, be punished with imprisonment of the description provided\nfor the offence for a term which may extend to one-fourth part of the longest term of\nimprisonment provided for the offence, or with fine, or with both.\nExplanation.––“Offence” in this section includes any act committed at any place\nout of India, which, if committed in India, would be punishable under any of the following\nsections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),\n(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4),\n(6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and every such act shall,\nfor the purposes of this section, be deemed to be punishable as if the accused person had\nbeen guilty of it in India.\n\n\fException.—This section shall not extend to any case in which the harbour or\nconcealment is by the spouse of the offender.\nIllustration.\nA, knowing that B has committed dacoity, knowingly conceals B in order to screen\nhim from legal punishment. Here, as B is liable to imprisonment for life, A is liable to\nimprisonment of either description for a term not exceeding three years, and is also liable\nto fine.\n250. Whoever accepts or attempts to obtain, or agrees to accept, any gratification\nfor himself or any other person, or any restitution of property to himself or any other\nperson, in consideration of his concealing an offence or of his screening any person from\nlegal punishment for any offence, or of his not proceeding against any person for the\npurpose of bringing him to legal punishment shall,––\n\nTaking gift,\netc., to screen\nan offender\nfrom\npunishment.\n\n(a) if the offence is punishable with death, be punished with imprisonment of\neither description for a term which may extend to seven years, and shall also be\nliable to fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment\nwhich may extend to ten years, be punished with imprisonment of either description\nfor a term which may extend to three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment not extending to ten years,\nbe punished with imprisonment of the description provided for the offence for a\nterm which may extend to one-fourth part of the longest term of imprisonment\nprovided for the offence, or with fine, or with both.\n251. Whoever gives or causes, or offers or agrees to give or cause, any gratification\nto any person, or restores or causes the restoration of any property to any person, in\nconsideration of that person’s concealing an offence, or of his screening any person from\nlegal punishment for any offence, or of his not proceeding against any person for the\npurpose of bringing him to legal punishment shall,––\n\nOffering gift\nor restoration\nof property in\nconsideration\nof screening\noffender.\n\n(a) if the offence is punishable with death, be punished with imprisonment of\neither description for a term which may extend to seven years, and shall also be\nliable to fine;\n(b) if the offence is punishable with imprisonment for life or with imprisonment\nwhich may extend to ten years, be punished with imprisonment of either description\nfor a term which may extend to three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment not extending to ten years,\nbe punished with imprisonment of the description provided for the offence for a\nterm which may extend to one-fourth part of the longest term of imprisonment\nprovided for the offence, or with fine, or with both.\nException.—The provisions of this section and section 250 do not extend to any\ncase in which the offence may lawfully be compounded.\n252. Whoever takes or agrees or consents to take any gratification under pretence\nor on account of helping any person to recover any movable property of which he shall\nhave been deprived by any offence punishable under this Sanhita, shall, unless he uses\nall means in his power to cause the offender to be apprehended and convicted of the\n\nTaking gift to\nhelp to\nrecover stolen\nproperty, etc.\n\n\foffence, be punished with imprisonment of either description for a term which may extend\nto two years, or with fine, or with both.\nHarbouring\noffender who\nhas escaped\nfrom custody\nor whose\napprehension\nhas been\nordered.\n\n253. Whenever any person convicted of or charged with an offence, being in lawful\ncustody for that offence, escapes from such custody, or whenever a public servant, in the\nexercise of the lawful powers of such public servant, orders a certain person to be\napprehended for an offence, whoever, knowing of such escape or order for apprehension,\nharbours or conceals that person with the intention of preventing him from being\napprehended, shall be punished in the manner following, namely:––\n(a) if the offence for which the person was in custody or is ordered to be\napprehended is punishable with death, he shall be punished with imprisonment of\neither description for a term which may extend to seven years, and shall also be\nliable to fine;\n(b) if the offence is punishable with imprisonment for life or imprisonment for\nten years, he shall be punished with imprisonment of either description for a term\nwhich may extend to three years, with or without fine;\n(c) if the offence is punishable with imprisonment which may extend to one\nyear and not to ten years, he shall be punished with imprisonment of the description\nprovided for the offence for a term which may extend to one-fourth part of the\nlongest term of the imprisonment provided for such offence, or with fine, or with\nboth.\nExplanation.––“Offence” in this section includes also any act or omission of which\na person is alleged to have been guilty out of India, which, if he had been guilty of it in\nIndia, would have been punishable as an offence, and for which he is, under any law\nrelating to extradition, or otherwise, liable to be apprehended or detained in custody in\nIndia, and every such act or omission shall, for the purposes of this section, be deemed to\nbe punishable as if the accused person had been guilty of it in India.\nException.—The provisions of this section do not extend to the case in which the\nharbour or concealment is by the spouse of the person to be apprehended.\n\nPenalty for\nharbouring\nrobbers or\ndacoits.\n\n254. Whoever, knowing or having reason to believe that any persons are about to\ncommit or have recently committed robbery or dacoity, harbours them or any of them, with\nthe intention of facilitating the commission of such robbery or dacoity, or of screening\nthem or any of them from punishment, shall be punished with rigorous imprisonment for a\nterm which may extend to seven years, and shall also be liable to fine.\nExplanation.—For the purposes of this section it is immaterial whether the robbery\nor dacoity is intended to be committed, or has been committed, within or without India.\nException.—The provisions of this section do not extend to the case in which the\nharbour is by the spouse of the offender.\n\nPublic servant\ndisobeying\ndirection of\nlaw with\nintent to save\nperson from\npunishment or\nproperty from\nforfeiture.\n\n255. Whoever, being a public servant, knowingly disobeys any direction of the law\nas to the way in which he is to conduct himself as such public servant, intending thereby\nto save, or knowing it to be likely that he will thereby save, any person from legal\npunishment, or subject him to a less punishment than that to which he is liable, or with\nintent to save, or knowing that he is likely thereby to save, any property from forfeiture or\nany charge to which it is liable by law, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\n\n\f256. Whoever, being a public servant, and being as such public servant, charged\nwith the preparation of any record or other writing, frames that record or writing in a\nmanner which he knows to be incorrect, with intent to cause, or knowing it to be likely that\nhe will thereby cause, loss or injury to the public or to any person, or with intent thereby\nto save, or knowing it to be likely that he will thereby save, any person from legal\npunishment, or with intent to save, or knowing that he is likely thereby to save, any\nproperty from forfeiture or other charge to which it is liable by law, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine,\nor with both.\n\nPublic servant\nframing\nincorrect\nrecord or\nwriting with\nintent to save\nperson from\npunishment or\nproperty from\nforfeiture.\n\n257. Whoever, being a public servant, corruptly or maliciously makes or pronounces\nin any stage of a judicial proceeding, any report, order, verdict, or decision which he\nknows to be contrary to law, shall be punished with imprisonment of either description for\na term which may extend to seven years, or with fine, or with both.\n\nPublic servant\nin judicial\nproceeding\ncorruptly\nmaking report,\netc., contrary\nto law.\n\n258. Whoever, being in any office which gives him legal authority to commit persons\nfor trial or to confinement, or to keep persons in confinement, corruptly or maliciously\ncommits any person for trial or to confinement, or keeps any person in confinement, in the\nexercise of that authority knowing that in so doing he is acting contrary to law, shall be\npunished with imprisonment of either description for a term which may extend to seven\nyears, or with fine, or with both.\n\nCommitment\nfor trial or\nconfinement by\nperson having\nauthority who\nknows that he is\nacting contrary\nto law.\n\n259. Whoever, being a public servant, legally bound as such public servant to\napprehend or to keep in confinement any person charged with or liable to be apprehended\nfor an offence, intentionally omits to apprehend such person, or intentionally suffers such\nperson to escape, or intentionally aids such person in escaping or attempting to escape\nfrom such confinement, shall be punished,––\n\nIntentional\nomission to\napprehend on\npart of public\nservant bound\nto apprehend.\n\n(a) with imprisonment of either description for a term which may extend to\nseven years, with or without fine, if the person in confinement, or who ought to\nhave been apprehended, was charged with, or liable to be apprehended for, an\noffence punishable with death; or\n(b) with imprisonment of either description for a term which may extend to\nthree years, with or without fine, if the person in confinement, or who ought to have\nbeen apprehended, was charged with, or liable to be apprehended for, an offence\npunishable with imprisonment for life or imprisonment for a term which may extend\nto ten years; or\n(c) with imprisonment of either description for a term which may extend to two\nyears, with or without fine, if the person in confinement, or who ought to have been\napprehended, was charged with, or liable to be apprehended for, an offence\npunishable with imprisonment for a term less than ten years.\n260. Whoever, being a public servant, legally bound as such public servant to\napprehend or to keep in confinement any person under sentence of a Court for any\noffence or lawfully committed to custody, intentionally omits to apprehend such person,\nor intentionally suffers such person to escape or intentionally aids such person in escaping\nor attempting to escape from such confinement, shall be punished,—\n(a) with imprisonment for life or with imprisonment of either description for a\nterm which may extend to fourteen years, with or without fine, if the person in\nconfinement, or who ought to have been apprehended, is under sentence of\ndeath; or\n\nIntentional\nomission to\napprehend on\npart of public\nservant bound\nto apprehend\nperson under\nsentence or\nlawfully\ncommitted.\n\n\f(b) with imprisonment of either description for a term which may extend to\nseven years, with or without fine, if the person in confinement or who ought to have\nbeen apprehended, is subject, by a sentence of a Court, or by virtue of a commutation\nof such sentence, to imprisonment for life or imprisonment for a term of ten years, or\nupwards; or\n(c) with imprisonment of either description for a term which may extend to\nthree years, or with fine, or with both, if the person in confinement or who ought to\nhave been apprehended, is subject by a sentence of a Court to imprisonment for a\nterm not extending to ten years or if the person was lawfully committed to custody.\nEscape from\nconfinement\nor custody\nnegligently\nsuffered by\npublic servant.\n\n261. Whoever, being a public servant legally bound as such public servant to keep\nin confinement any person charged with or convicted of any offence or lawfully committed\nto custody, negligently suffers such person to escape from confinement, shall be punished\nwith simple imprisonment for a term which may extend to two years, or with fine, or with\nboth.\n\nResistance or\nobstruction by\na person to his\nlawful\napprehension.\n\n262. Whoever intentionally offers any resistance or illegal obstruction to the lawful\napprehension of himself for any offence with which he is charged or of which he has been\nconvicted, or escapes or attempts to escape from any custody in which he is lawfully\ndetained for any such offence, shall be punished with imprisonment of either description\nfor a term which may extend to two years, or with fine, or with both.\nExplanation.—The punishment in this section is in addition to the punishment for\nwhich the person to be apprehended or detained in custody was liable for the offence with\nwhich he was charged, or of which he was convicted.\n\nResistance or\nobstruction to\nlawful\napprehension\nof another\nperson.\n\n263. Whoever, intentionally offers any resistance or illegal obstruction to the lawful\napprehension of any other person for an offence, or rescues or attempts to rescue any\nother person from any custody in which that person is lawfully detained for an offence,—\n(a) shall be punished with imprisonment of either description for a term which\nmay extend to two years, or with fine, or with both; or\n(b) if the person to be apprehended, or the person rescued or attempted to be\nrescued, is charged with or liable to be apprehended for an offence punishable with\nimprisonment for life or imprisonment for a term which may extend to ten years, shall\nbe punished with imprisonment of either description for a term which may extend to\nthree years, and shall also be liable to fine; or\n(c) if the person to be apprehended or rescued, or attempted to be rescued, is\ncharged with or liable to be apprehended for an offence punishable with death, shall\nbe punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine; or\n(d) if the person to be apprehended or rescued, or attempted to be rescued, is\nliable under the sentence of a Court or by virtue of a commutation of such a sentence,\nto imprisonment for life, or imprisonment for a term of ten years or upwards, shall be\npunished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine; or\n(e) if the person to be apprehended or rescued, or attempted to be rescued, is\nunder sentence of death, shall be punished with imprisonment for life or imprisonment\nof either description for a term not exceeding ten years, and shall also be liable to\nfine.\n\n\f264. Whoever, being a public servant legally bound as such public servant to\napprehend, or to keep in confinement, any person in any case not provided for in section 259,\nsection 260 or section 261, or in any other law for the time being in force, omits to apprehend\nthat person or suffers him to escape from confinement, shall be punished—\n(a) if he does so intentionally, with imprisonment of either description for a term\nwhich may extend to three years, or with fine, or with both; and\n\nOmission to\napprehend, or\nsufferance of\nescape, on\npart of public\nservant, in\ncases not\notherwise\nprovided for.\n\n(b) if he does so negligently, with simple imprisonment for a term which may\nextend to two years, or with fine, or with both.\n265. Whoever, in any case not provided for in section 262 or section 263 or in any\nother law for the time being in force, intentionally offers any resistance or illegal obstruction\nto the lawful apprehension of himself or of any other person, or escapes or attempts to\nescape from any custody in which he is lawfully detained, or rescues or attempts to rescue\nany other person from any custody in which that person is lawfully detained, shall be\npunished with imprisonment of either description for a term which may extend to six months,\nor with fine, or with both.\n\nResistance or\nobstruction to\nlawful\napprehension\nor escape or\nrescue in cases\nnot otherwise\nprovided for.\n\n266. Whoever, having accepted any conditional remission of punishment, knowingly\nviolates any condition on which such remission was granted, shall be punished with the\npunishment to which he was originally sentenced, if he has already suffered no part of that\npunishment, and if he has suffered any part of that punishment, then with so much of that\npunishment as he has not already suffered.\n\nViolation of\ncondition of\nremission of\npunishment.\n\n267. Whoever, intentionally offers any insult, or causes any interruption to any public\nservant, while such public servant is sitting in any stage of a judicial proceeding, shall be\npunished with simple imprisonment for a term which may extend to six months, or with fine\nwhich may extend to five thousand rupees, or with both.\n\nIntentional\ninsult or\ninterruption\nto public\nservant sitting\nin judicial\nproceeding.\n\n268. Whoever, by personation or otherwise, shall intentionally cause, or knowingly Personation\nof assessor.\nsuffer himself to be returned, empanelled or sworn as an assessor in any case in which he\nknows that he is not entitled by law to be so returned, empanelled or sworn, or knowing\nhimself to have been so returned, empanelled or sworn contrary to law, shall voluntarily\nserve as such assessor, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.\n269. Whoever, having been charged with an offence and released on bail bond or on\nbond, fails without sufficient cause (the burden of proving which shall lie upon him), to\nappear in Court in accordance with the terms of the bail or bond, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine, or\nwith both.\n\nFailure by\nperson\nreleased on\nbail bond or\nbond to\nappear in\nCourt.\n\nExplanation.—The punishment under this section is—\n(a) in addition to the punishment to which the offender would be liable on a\nconviction for the offence with which he has been charged; and\n(b) without prejudice to the power of the Court to order forfeiture of the bond.\nCHAPTER XV\nOF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND\nMORALS\n\n270. A person is guilty of a public nuisance who does any act or is guilty of an illegal Public\nomission which causes any common injury, danger or annoyance to the public or to the nuisance.\npeople in general who dwell or occupy property in the vicinity, or which must necessarily\ncause injury, obstruction, danger or annoyance to persons who may have occasion to use\nany public right but a common nuisance is not excused on the ground that it causes some\nconvenience or advantage.\n\n\fNegligent act\nlikely to spread\ninfection of\ndisease\ndangerous to\nlife.\n\n271. Whoever unlawfully or negligently does any act which is, and which he knows or\nhas reason to believe to be, likely to spread the infection of any disease dangerous to life,\nshall be punished with imprisonment of either description for a term which may extend to six\nmonths, or with fine, or with both.\n\nMalignant act\n\n272. Whoever malignantly does any act which is, and which he knows or has reason\nto believe to be, likely to spread the infection of any disease dangerous to life, shall be\npunished with imprisonment of either description for a term which may extend to two years,\nor with fine, or with both.\n\nlikely to spread\ninfection of\ndisease dangerous\nto life.\n\nDisobedience\nto quarantine\nrule.\n\n273. Whoever knowingly disobeys any rule made by the Government for putting any\nmode of transport into a state of quarantine, or for regulating the intercourse of any such\ntransport in a state of quarantine or for regulating the intercourse between places where an\ninfectious disease prevails and other places, shall be punished with imprisonment of either\ndescription for a term which may extend to six months, or with fine, or with both.\n\nAdulteration\nof food or\ndrink intended\nfor sale.\n\n274. Whoever adulterates any article of food or drink, so as to make such article\nnoxious as food or drink, intending to sell such article as food or drink, or knowing it to be\nlikely that the same will be sold as food or drink, shall be punished with imprisonment of\neither description for a term which may extend to six months, or with fine which may extend\nto five thousand rupees, or with both.\n\nSale of noxious\nfood or drink.\n\n275. Whoever sells, or offers or exposes for sale, as food or drink, any article which\nhas been rendered or has become noxious, or is in a state unfit for food or drink, knowing or\nhaving reason to believe that the same is noxious as food or drink, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine\nwhich may extend to five thousand rupees, or with both.\n\nAdulteration\nof drugs.\n\n276. Whoever adulterates any drug or medical preparation in such a manner as to\nlessen the efficacy or change the operation of such drug or medical preparation, or to make\nit noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be\nsold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be\npunished with imprisonment of either description for a term which may extend to one year, or\nwith fine which may extend to five thousand rupees, or with both.\n\nSale of\nadulterated\ndrugs.\n\n277. Whoever, knowing any drug or medical preparation to have been adulterated in\nsuch a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells\nthe same, or offers or exposes it for sale, or issues it from any dispensary for medicinal\npurposes as unadulterated, or causes it to be used for medicinal purposes by any person not\nknowing of the adulteration, shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine which may extend to five thousand rupees,\nor with both.\n\nSale of drug as\na different\ndrug or\npreparation.\n\n278. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary\nfor medicinal purposes, any drug or medical preparation, as a different drug or medical\npreparation, shall be punished with imprisonment of either description for a term which may\nextend to six months, or with fine which may extend to five thousand rupees, or with both.\n\nFouling water\nof public\nspring or\nreservoir.\n\n279. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir,\nso as to render it less fit for the purpose for which it is ordinarily used, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine\nwhich may extend to five thousand rupees, or with both.\n\nMaking\natmosphere\nnoxious to\nhealth.\n\n280. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious\nto the health of persons in general dwelling or carrying on business in the neighbourhood or\npassing along a public way, shall be punished with fine which may extend to one thousand\nrupees.\n\nRash driving\nor riding on a\npublic way.\n\n281. Whoever drives any vehicle, or rides, on any public way in a manner so rash or\nnegligent as to endanger human life, or to be likely to cause hurt or injury to any other\n\n\fperson, shall be punished with imprisonment of either description for a term which may\nextend to six months, or with fine which may extend to one thousand rupees, or with both.\n282. Whoever navigates any vessel in a manner so rash or negligent as to endanger Rash navigation\nhuman life, or to be likely to cause hurt or injury to any other person, shall be punished with of vessel.\nimprisonment of either description for a term which may extend to six months, or with fine\nwhich may extend to ten thousand rupees, or with both.\n283. Whoever exhibits any false light, mark or buoy, intending or knowing it to be\nlikely that such exhibition will mislead any navigator, shall be punished with imprisonment of\neither description for a term which may extend to seven years, and with fine which shall not\nbe less than ten thousand rupees.\n\nExhibition of\nfalse light,\nmark or buoy.\n\n284. Whoever knowingly or negligently conveys, or causes to be conveyed for hire,\nany person by water in any vessel, when that vessel is in such a state or so loaded as to\nendanger the life of that person, shall be punished with imprisonment of either description\nfor a term which may extend to six months, or with fine which may extend to five thousand\nrupees, or with both.\n\nConveying\nperson by\nwater for hire\nin unsafe or\noverloaded\nvessel.\n\n285. Whoever, by doing any act, or by omitting to take order with any property in his\npossession or under his charge, causes danger, obstruction or injury to any person in any\npublic way or public line of navigation, shall be punished with fine which may extend to five\nthousand rupees.\n\nDanger or\nobstruction in\npublic way or\nline of\nnavigation.\n\n286. Whoever does, with any poisonous substance, any act in a manner so rash or\nnegligent as to endanger human life, or to be likely to cause hurt or injury to any person or\nknowingly or negligently omits to take such order with any poisonous substance in his\npossession as is sufficient to guard against any probable danger to human life from such\npoisonous substance, shall be punished with imprisonment of either description for a term\nwhich may extend to six months, or with fine which may extend to five thousand rupees, or\nwith both.\n\nNegligent\nconduct with\nrespect to\npoisonous\nsubstance.\n\n287. Whoever does, with fire or any combustible matter, any act so rashly or negligently\nas to endanger human life, or to be likely to cause hurt or injury to any other person or\nknowingly or negligently omits to take such order with any fire or any combustible matter in\nhis possession as is sufficient to guard against any probable danger to human life from such\nfire or combustible matter, shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine which may extend to two thousand rupees,\nor with both.\n\nNegligent\nconduct with\nrespect to fire\nor combustible\nmatter.\n\n288. Whoever does, with any explosive substance, any act so rashly or negligently as\nto endanger human life, or to be likely to cause hurt or injury to any other person, or\nknowingly or negligently omits to take such order with any explosive substance in his\npossession as is sufficient to guard against any probable danger to human life from that\nsubstance, shall be punished with imprisonment of either description for a term which may\nextend to six months, or with fine which may extend to five thousand rupees, or with both.\n\nNegligent\nconduct with\nrespect to\nexplosive\nsubstance.\n\n289. Whoever does, with any machinery, any act so rashly or negligently as to endanger\nhuman life or to be likely to cause hurt or injury to any other person or knowingly or\nnegligently omits to take such order with any machinery in his possession or under his care\nas is sufficient to guard against any probable danger to human life from such machinery,\nshall be punished with imprisonment of either description for a term which may extend to six\nmonths, or with fine which may extend to five thousand rupees, or with both.\n\nNegligent\nconduct with\nrespect to\nmachinery.\n\n290. Whoever, in pulling down, repairing or constructing any building, knowingly or\nnegligently omits to take such measures with that building as is sufficient to guard against\nany probable danger to human life from the fall of that building, or of any part thereof, shall\nbe punished with imprisonment of either description for a term which may extend to six\nmonths, or with fine which may extend to five thousand rupees, or with both.\n\nNegligent\nconduct with\nrespect to\npulling down,\nrepairing or\nconstructing\nbuildings, etc.\n\n\fNegligent\nconduct with\nrespect to\nanimal.\n\n291. Whoever knowingly or negligently omits to take such measures with any animal\nin his possession as is sufficient to guard against any probable danger to human life, or any\nprobable danger of grievous hurt from such animal, shall be punished with imprisonment of\neither description for a term which may extend to six months, or with fine which may extend\nto five thousand rupees, or with both.\n\nPunishment for\npublic nuisance\nin cases not\notherwise\nprovided for.\n\n292. Whoever commits a public nuisance in any case not otherwise punishable by this\nSanhita shall be punished with fine which may extend to one thousand rupees.\n\nContinuance of\nnuisance after\ninjunction to\ndiscontinue.\n\n293. Whoever repeats or continues a public nuisance, having been enjoined by any\npublic servant who has lawful authority to issue such injunction not to repeat or continue\nsuch nuisance, shall be punished with simple imprisonment for a term which may extend to\nsix months, or with fine which may extend to five thousand rupees, or with both.\n\nSale, etc., of\nobscene books,\netc.\n\n294. (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing,\npainting, representation, figure or any other object, including display of any content in\nelectronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient\ninterest or if its effect, or (where it comprises two or more distinct items) the effect of any one\nof its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are\nlikely, having regard to all relevant circumstances, to read, see or hear the matter contained or\nembodied in it.\n(2) Whoever—\n(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into\ncirculation, or for purposes of sale, hire, distribution, public exhibition or circulation,\nmakes, produces or has in his possession any obscene book, pamphlet, paper, drawing,\npainting, representation or figure or any other obscene object whatsoever in whatever\nmanner; or\n(b) imports, exports or conveys any obscene object for any of the purposes\naforesaid, or knowing or having reason to believe that such object will be sold, let to\nhire, distributed or publicly exhibited or in any manner put into circulation; or\n(c) takes part in or receives profits from any business in the course of which he\nknows or has reason to believe that any such obscene objects are, for any of the\npurposes aforesaid, made produced, purchased, kept, imported, exported, conveyed,\npublicly exhibited or in any manner put into circulation; or\n(d) advertises or makes known by any means whatsoever that any person is\nengaged or is ready to engage in any act which is an offence under this section, or that\nany such obscene object can be procured from or through any person; or\n(e) offers or attempts to do any act which is an offence under this section,\nshall be punished on first conviction with imprisonment of either description for a term which\nmay extend to two years, and with fine which may extend to five thousand rupees, and, in the\nevent of a second or subsequent conviction, with imprisonment of either description for a\nterm which may extend to five years, and also with fine which may extend to ten thousand\nrupees.\nException.—This section does not extend to—\n(a) any book, pamphlet, paper, writing, drawing, painting, representation or\nfigure—\n(i) the publication of which is proved to be justified as being for the public\ngood on the ground that such book, pamphlet, paper, writing, drawing, painting,\nrepresentation or figure is in the interest of science, literature, art or learning or\nother objects of general concern; or\n\n\f(ii) which is kept or used bona fide for religious purposes;\n(b) any representation sculptured, engraved, painted or otherwise represented\non or in—\n24 of 1958.\n\n(i) any ancient monument within the meaning of the Ancient Monuments\nand Archaeological Sites and Remains Act, 1958; or\n(ii) any temple, or on any car used for the conveyance of idols, or kept or\nused for any religious purpose.\n295. Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such\nobscene object as is referred to in section 294, or offers or attempts so to do, shall be\npunished on first conviction with imprisonment of either description for a term which may\nextend to three years, and with fine which may extend to two thousand rupees, and, in the\nevent of a second or subsequent conviction, with imprisonment of either description for a\nterm which may extend to seven years, and also with fine which may extend to five thousand\nrupees.\n296. Whoever, to the annoyance of others,—\n(a) does any obscene act in any public place; or\n\nSale, etc., of\nobscene\nobjects to\nchild.\n\nObscene acts\nand songs.\n\n(b) sings, recites or utters any obscene song, ballad or words, in or near any\npublic place,\nshall be punished with imprisonment of either description for a term which may extend to\nthree months, or with fine which may extend to one thousand rupees, or with both.\n297. (1) Whoever keeps any office or place for the purpose of drawing any lottery not Keeping\nbeing a State lottery or a lottery authorised by the State Government, shall be punished with lottery office.\nimprisonment of either description for a term which may extend to six months, or with fine, or\nwith both.\n(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do\nor forbear from doing anything for the benefit of any person, on any event or contingency\nrelative or applicable to the drawing of any ticket, lot, number or figure in any such lottery,\nshall be punished with fine which may extend to five thousand rupees.\nCHAPTER XVI\nOF OFFENCES RELATING TO RELIGION\n298. Whoever destroys, damages or defiles any place of worship, or any object held\nsacred by any class of persons with the intention of thereby insulting the religion of any\nclass of persons or with the knowledge that any class of persons is likely to consider such\ndestruction, damage or defilement as an insult to their religion, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or\nwith both.\n\nInjuring or\ndefiling place\nof worship\nwith intent to\ninsult religion\nof any class.\n\n299. Whoever, with deliberate and malicious intention of outraging the religious feelings\nof any class of citizens of India, by words, either spoken or written, or by signs or by visible\nrepresentations or through electronic means or otherwise, insults or attempts to insult the\nreligion or the religious beliefs of that class, shall be punished with imprisonment of either\ndescription for a term which may extend to three years, or with fine, or with both.\n\nDeliberate and\nmalicious acts,\nintended to\noutrage\nreligious\nfeelings of any\nclass by\ninsulting its\nreligion or\nreligious\nbeliefs.\n\n300. Whoever voluntarily causes disturbance to any assembly lawfully engaged in Disturbing\nthe performance of religious worship, or religious ceremonies, shall be punished with religious\nassembly.\nimprisonment of either description for a term which may extend to one year, or with fine, or\nwith both.\n\n\fTrespassing on\nburial places,\netc.\n\n301. Whoever, with the intention of wounding the feelings of any person, or of insulting\nthe religion of any person, or with the knowledge that the feelings of any person are likely to\nbe wounded, or that the religion of any person is likely to be insulted thereby, commits any\ntrespass in any place of worship or on any place of sepulchre, or any place set apart for the\nperformance of funeral rites or as a depository for the remains of the dead, or offers any\nindignity to any human corpse, or causes disturbance to any persons assembled for the\nperformance of funeral ceremonies, shall be punished with imprisonment of either description\nfor a term which may extend to one year, or with fine, or with both.\n\nUttering words,\netc., with\ndeliberate\nintent to\nwound religious\nfeelings of any\nperson.\n\n302. Whoever, with the deliberate intention of wounding the religious feelings of any\nperson, utters any word or makes any sound in the hearing of that person or makes any\ngesture in the sight of that person or places any object in the sight of that person, shall be\npunished with imprisonment of either description for a term which may extend to one year, or\nwith fine, or with both.\nCHAPTER XVII\nOF OFFENCES AGAINST PROPERTY\nOf theft\n\nTheft.\n\n303. (1) Whoever, intending to take dishonestly any movable property out of the\npossession of any person without that person’s consent, moves that property in order to\nsuch taking, is said to commit theft.\nExplanation 1.—A thing so long as it is attached to the earth, not being movable\nproperty, is not the subject of theft; but it becomes capable of being the subject of theft as\nsoon as it is severed from the earth.\nExplanation 2.—A moving effected by the same act which affects the severance may\nbe a theft.\nExplanation 3.—A person is said to cause a thing to move by removing an obstacle\nwhich prevented it from moving or by separating it from any other thing, as well as by\nactually moving it.\nExplanation 4.—A person, who by any means causes an animal to move, is said to\nmove that animal, and to move everything which, in consequence of the motion so caused,\nis moved by that animal.\nExplanation 5.—The consent mentioned in this section may be express or implied,\nand may be given either by the person in possession, or by any person having for that\npurpose authority either express or implied.\nIllustrations.\n(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree\nout of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order\nto such taking, he has committed theft.\n(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if\nA’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A\nhas committed theft as soon as Z’s dog has begun to follow A.\n(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain\ndirection, in order that he may dishonestly take the treasure. As soon as the bullock begins\nto move, A has committed theft of the treasure.\n(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs\naway with the plate, without Z’s consent. A has committed theft.\n(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall\nreturn. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession.\nIt could not therefore be taken out of Z’s possession, and A has not committed theft, though\nhe may have committed criminal breach of trust.\n\n\f(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring\nis in Z’s possession, and if A dishonestly removes it, A commits theft.\n(g) A finds a ring lying on the highroad, not in the possession of any person. A, by\ntaking it, commits no theft, though he may commit criminal misappropriation of property.\n(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to\nmisappropriate the ring immediately for fear of search and detection, A hides the ring in a\nplace where it is highly improbable that it will ever be found by Z, with the intention of taking\nthe ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of\nfirst moving the ring, commits theft.\n(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not\nowing to the jeweler any debt for which the jeweler might lawfully detain the watch as a\nsecurity, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away.\nHere A, though he may have committed criminal trespass and assault, has not committed\ntheft, in as much as what he did was not done dishonestly.\n(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as\na security for the debt, and A takes the watch out of Z’s possession, with the intention of\ndepriving Z of the property as a security for his debt, he commits theft, in as much as he takes\nit dishonestly.\n(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without\nZ’s consent, not having paid what he borrowed on the watch, he commits theft, though the\nwatch is his own property in as much as he takes it dishonestly.\n(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with\nthe intention of keeping it until he obtains money from Z as a reward for its restoration. Here\nA takes dishonestly; A has therefore committed theft.\n(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes\naway a book without Z’s express consent for the purpose merely of reading it, and with the\nintention of returning it. Here, it is probable that A may have conceived that he had Z’s\nimplied consent to use Z’s book. If this was A’s impression, A has not committed theft.\n(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows\nto belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised\nto give away alms. If this was A’s impression, A has not committed theft.\n(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to\nbelong to her husband Z, and to be such property as she has no authority from Z to give. If\nA takes the property dishonestly, he commits theft.\n(p) A, in good faith, believing property belonging to Z to be A’s own property, takes\nthat property out of Z’s possession. Here, as A does not take dishonestly, he does not\ncommit theft.\n(2) Whoever commits theft shall be punished with imprisonment of either description\nfor a term which may extend to three years, or with fine, or with both and in case of second\nor subsequent conviction of any person under this section, he shall be punished with\nrigorous imprisonment for a term which shall not be less than one year but which may extend\nto five years and with fine:\nProvided that in cases of theft where the value of the stolen property is less than five\nthousand rupees, and a person is convicted for the first time, shall upon return of the value\nof property or restoration of the stolen property, shall be punished with community service.\n\n\fSnatching.\n\n304. (1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly\nor forcibly seizes or secures or grabs or takes away from any person or from his possession\nany movable property.\n(2) Whoever commits snatching, shall be punished with imprisonment of either\ndescription for a term which may extend to three years, and shall also be liable to fine.\n\nTheft in a\ndwelling house,\nor means of\ntransportation\nor place of\nworship, etc.\n\n305. Whoever commits theft—\n(a) in any building, tent or vessel used as a human dwelling or used for the\ncustody of property; or\n(b) of any means of transport used for the transport of goods or passengers; or\n(c) of any article or goods from any means of transport used for the transport of\ngoods or passengers; or\n(d) of idol or icon in any place of worship; or\n(e) of any property of the Government or of a local authority,\nshall be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine.\n\nTheft by clerk\nor servant of\nproperty\nin\npossession of\nmaster.\n\n306. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or\nservant, commits theft in respect of any property in the possession of his master or employer,\nshall be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine.\n\nTheft after\npreparation\nmade for\ncausing death,\nhurt or\nrestraint in\norder to\ncommitting of\ntheft.\n\n307. Whoever commits theft, having made preparation for causing death, or hurt, or\nrestraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing\nof such theft, or in order to the effecting of his escape after the committing of such theft, or\nin order to the retaining of property taken by such theft, shall be punished with rigorous\nimprisonment for a term which may extend to ten years, and shall also be liable to fine.\nIllustrations.\n(a) A commits theft on property in Z’s possession; and while committing this theft, he\nhas a loaded pistol under his garment, having provided this pistol for the purpose of hurting\nZ in case Z should resist. A has committed the offence defined in this section.\n(b) A picks Z’s pocket, having posted several of his companions near him, in order that\nthey may restrain Z, if Z should perceive what is passing and should resist, or should attempt\nto apprehend A. A has committed the offence defined in this section.\nOf extortion\n\nExtortion.\n\n308. (1) Whoever intentionally puts any person in fear of any injury to that person, or\nto any other, and thereby dishonestly induces the person so put in fear to deliver to any\nperson any property, or valuable security or anything signed or sealed which may be converted\ninto a valuable security, commits extortion.\nIllustrations.\n(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money.\nHe thus induces Z to give him money. A has committed extortion.\n(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign\nand deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers\nthe note. A has committed extortion.\n(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver\nto B a bond binding Z under a penalty to deliver certain produce to B, and thereby\ninduces Z to sign and deliver the bond. A has committed extortion.\n\n\f(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or\naffix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A.\nHere, as the paper so signed may be converted into a valuable security. A has committed\nextortion.\n(e) A threatens Z by sending a message through an electronic device that “Your child\nis in my possession, and will be put to death unless you send me one lakh rupees.” A thus\ninduces Z to give him money. A has committed extortion.\n(2) Whoever commits extortion shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, or with fine, or with both.\n(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts\nto put any person in fear, of any injury, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\n(4) Whoever, in order to the committing of extortion, puts or attempts to put any\nperson in fear of death or of grievous hurt to that person or to any other, shall be punished\nwith imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.\n(5) Whoever commits extortion by putting any person in fear of death or of grievous\nhurt to that person or to any other, shall be punished with imprisonment of either description\nfor a term which may extend to ten years, and shall also be liable to fine.\n(6) Whoever, in order to the committing of extortion, puts or attempts to put any\nperson in fear of an accusation, against that person or any other, of having committed, or\nattempted to commit, an offence punishable with death or with imprisonment for life, or with\nimprisonment for a term which may extend to ten years, shall be punished with imprisonment\nof either description for a term which may extend to ten years, and shall also be liable to fine.\n(7) Whoever commits extortion by putting any person in fear of an accusation against\nthat person or any other, of having committed or attempted to commit any offence punishable\nwith death, or with imprisonment for life, or with imprisonment for a term which may extend to\nten years, or of having attempted to induce any other person to commit such offence, shall\nbe punished with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.\nOf robbery and dacoity\n309. (1) In all robbery there is either theft or extortion.\n(2) Theft is robbery if, in order to the committing of the theft, or in committing the theft,\nor in carrying away or attempting to carry away property obtained by the theft, the offender,\nfor that end voluntarily causes or attempts to cause to any person death or hurt or wrongful\nrestraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.\n(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the\npresence of the person put in fear, and commits the extortion by putting that person in fear of\ninstant death, of instant hurt, or of instant wrongful restraint to that person or to some other\nperson, and, by so putting in fear, induces the person so put in fear then and there to deliver\nup the thing extorted.\nExplanation.—The offender is said to be present if he is sufficiently near to put the\nother person in fear of instant death, of instant hurt, or of instant wrongful restraint.\nIllustrations.\n(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes,\nwithout Z’s consent. Here A has committed theft, and, in order to the committing of that theft,\nhas voluntarily caused wrongful restraint to Z. A has therefore committed robbery.\n\nRobbery.\n\n\f(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in\nconsequence, surrenders his purse. Here A has extorted the purse from Z by putting him in\nfear of instant hurt, and being at the time of committing the extortion in his presence. A has\ntherefore committed robbery.\n(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it\ndown a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A\nhas extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is\nthere present. A has therefore committed robbery on Z.\n(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and\nwill be put to death unless you send us ten thousand rupees”. This is extortion, and punishable\nas such; but it is not robbery, unless Z is put in fear of the instant death of his child.\n(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term\nwhich may extend to ten years, and shall also be liable to fine; and, if the robbery be committed\non the highway between sunset and sunrise, the imprisonment may be extended to fourteen\nyears.\n(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment\nfor a term which may extend to seven years, and shall also be liable to fine.\n(6) If any person, in committing or in attempting to commit robbery, voluntarily causes\nhurt, such person, and any other person jointly concerned in committing or attempting to\ncommit such robbery, shall be punished with imprisonment for life, or with rigorous\nimprisonment for a term which may extend to ten years, and shall also be liable to fine.\nDacoity.\n\n310. (1) When five or more persons conjointly commit or attempt to commit a robbery,\nor where the whole number of persons conjointly committing or attempting to commit a\nrobbery, and persons present and aiding such commission or attempt, amount to five or\nmore, every person so committing, attempting or aiding, is said to commit dacoity.\n(2) Whoever commits dacoity shall be punished with imprisonment for life, or with\nrigorous imprisonment for a term which may extend to ten years, and shall also be liable to\nfine.\n(3) If any one of five or more persons, who are conjointly committing dacoity, commits\nmurder in so committing dacoity, every one of those persons shall be punished with death,\nor imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten\nyears, and shall also be liable to fine.\n(4) Whoever makes any preparation for committing dacoity, shall be punished with\nrigorous imprisonment for a term which may extend to ten years, and shall also be liable to\nfine.\n(5) Whoever is one of five or more persons assembled for the purpose of committing\ndacoity, shall be punished with rigorous imprisonment for a term which may extend to seven\nyears, and shall also be liable to fine.\n(6) Whoever belongs to a gang of persons associated for the purpose of habitually\ncommitting dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment\nfor a term which may extend to ten years, and shall also be liable to fine.\n\nRobbery, or\ndacoity, with\nattempt to\ncause death or\ngrievous hurt.\n\n311. If, at the time of committing robbery or dacoity, the offender uses any deadly\nweapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt\nto any person, the imprisonment with which such offender shall be punished shall not be\nless than seven years.\n\nAttempt to\ncommit\nrobbery or\ndacoity when\narmed with\ndeadly weapon.\n\n312. If, at the time of attempting to commit robbery or dacoity, the offender is armed\nwith any deadly weapon, the imprisonment with which such offender shall be punished shall\nnot be less than seven years.\n\n\f313. Whoever belongs to any gang of persons associated in habitually committing\ntheft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment\nfor a term which may extend to seven years, and shall also be liable to fine.\n\nPunishment\nfor belonging\nto gang of\nrobbers, etc.\n\nOf criminal misappropriation of property\n314. Whoever dishonestly misappropriates or converts to his own use any movable Dishonest\nproperty, shall be punished with imprisonment of either description for a term which shall not misappropriation\nof property.\nbe less than six months but which may extend to two years and with fine.\nIllustrations.\n(a) A takes property belonging to Z out of Z’s possession, in good faith believing at\nthe time when he takes it, that the property belongs to himself. A is not guilty of theft; but if\nA, after discovering his mistake, dishonestly appropriates the property to his own use, he is\nguilty of an offence under this section.\n(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes\naway a book without Z’s express consent. Here, if A was under the impression that he had Z’s\nimplied consent to take the book for the purpose of reading it, A has not committed theft. But,\nif A afterwards sells the book for his own benefit, he is guilty of an offence under this section.\n(c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession,\nintending to use it. Here, as A has a right to use the horse, he does not dishonestly\nmisappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own\nuse, he is guilty of an offence under this section.\nExplanation 1.—A dishonest misappropriation for a time only is a misappropriation\nwithin the meaning of this section.\nIllustration.\nA finds a Government promissory note belonging to Z, bearing a blank endorsement.\nA, knowing that the note belongs to Z, pledges it with a banker as a security for a loan,\nintending at a future time to restore it to Z. A has committed an offence under this section.\nExplanation 2.—A person who finds property not in the possession of any other\nperson, and takes such property for the purpose of protecting it for, or of restoring it to, the\nowner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he\nis guilty of the offence above defined, if he appropriates it to his own use, when he knows or\nhas the means of discovering the owner, or before he has used reasonable means to discover\nand give notice to the owner and has kept the property a reasonable time to enable the owner\nto claim it.\nWhat are reasonable means or what is a reasonable time in such a case, is a question\nof fact.\nIt is not necessary that the finder should know who is the owner of the property, or that\nany particular person is the owner of it; it is sufficient if, at the time of appropriating it, he\ndoes not believe it to be his own property, or in good faith believe that the real owner cannot\nbe found.\nIllustrations.\n(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks\nup the rupee. Here A has not committed the offence defined in this section.\n(b) A finds a letter on the road, containing a bank-note. From the direction and contents\nof the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an\noffence under this section.\n(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who\nhas lost the cheque. But the name of the person, who has drawn the cheque, appears. A\n\n\fknows that this person can direct him to the person in whose favour the cheque was drawn.\nA appropriates the cheque without attempting to discover the owner. He is guilty of an\noffence under this section.\n(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of\nrestoring it to Z, but afterwards appropriates it to his own use. A has committed an offence\nunder this section.\n(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers\nthat it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this\nsection.\n(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately\nwithout attempting to discover the owner. A is guilty of an offence under this section.\n315. Whoever dishonestly misappropriates or converts to his own use any property,\nDishonest\nmisappropriation knowing that such property was in the possession of a deceased person at the time of that\nof property\nperson’s decease, and has not since been in the possession of any person legally entitled to\npossessed by\ndeceased\nperson at the\ntime of his\ndeath.\n\nsuch possession, shall be punished with imprisonment of either description for a term which\nmay extend to three years, and shall also be liable to fine, and if the offender at the time of\nsuch person’s decease was employed by him as a clerk or servant, the imprisonment may\nextend to seven years.\nIllustration.\n\nZ dies in possession of furniture and money. His servant A, before the money comes\ninto the possession of any person entitled to such possession, dishonestly misappropriates\nit. A has committed the offence defined in this section.\nOf criminal breach of trust\nCriminal\nbreach of\ntrust.\n\n316. (1) Whoever, being in any manner entrusted with property, or with any dominion\nover property, dishonestly misappropriates or converts to his own use that property, or\ndishonestly uses or disposes of that property in violation of any direction of law prescribing\nthe mode in which such trust is to be discharged, or of any legal contract, express or implied,\nwhich he has made touching the discharge of such trust, or wilfully suffers any other person\nso to do, commits criminal breach of trust.\nExplanation 1.—A person, being an employer of an establishment whether\nexempted under section 17 of the Employees’ Provident Funds and Miscellaneous\nProvisions Act, 1952 or not who deducts the employee’s contribution from the wages payable 19 of 1952.\nto the employee for credit to a Provident Fund or Family Pension Fund established by any\nlaw for the time being in force, shall be deemed to have been entrusted with the amount of the\ncontribution so deducted by him and if he makes default in the payment of such contribution\nto the said Fund in violation of the said law, shall be deemed to have dishonestly used the\namount of the said contribution in violation of a direction of law as aforesaid.\nExplanation 2.—A person, being an employer, who deducts the employees’\ncontribution from the wages payable to the employee for credit to the Employees’ State\nInsurance Fund held and administered by the Employees’ State Insurance Corporation\nestablished under the Employees’ State Insurance Act, 1948 shall be deemed to have been 34 of 1948.\nentrusted with the amount of the contribution so deducted by him and if he makes default in\nthe payment of such contribution to the said Fund in violation of the said Act, shall be\ndeemed to have dishonestly used the amount of the said contribution in violation of a\ndirection of law as aforesaid.\nIllustrations.\n(a) A, being executor to the will of a deceased person, dishonestly disobeys the law\nwhich directs him to divide the effects according to the will, and appropriates them to his\nown use. A has committed criminal breach of trust.\n\n\f(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a\ncontract that it shall be returned on payment of a stipulated sum for warehouse room. A\ndishonestly sells the goods. A has committed criminal breach of trust.\n(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied\ncontract between A and Z, that all sums remitted by Z to A shall be invested by A, according\nto Z’s direction. Z remits one lakh of rupees to A, with directions to A to invest the same in\nCompany’s paper. A dishonestly disobeys the directions and employs the money in his own\nbusiness. A has committed criminal breach of trust.\n(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be\nmore for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and\nbuys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here,\nthough Z should suffer loss, and should be entitled to bring a civil action against A, on\naccount of that loss, yet A, not having acted dishonestly, has not committed criminal\nbreach of trust.\n(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or\nbound by a contract, express or implied, with the Government, to pay into a certain treasury\nall the public money which he holds. A dishonestly appropriates the money. A has committed\ncriminal breach of trust.\n(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A\ndishonestly misappropriates the property. A has committed criminal breach of trust.\n(2) Whoever commits criminal breach of trust shall be punished with imprisonment of\neither description for a term which may extend to five years, or with fine, or with both.\n(3) Whoever, being entrusted with property as a carrier, wharfinger or\nwarehouse-keeper, commits criminal breach of trust in respect of such property, shall be\npunished with imprisonment of either description for a term which may extend to seven\nyears, and shall also be liable to fine.\n(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in\nany manner entrusted in such capacity with property, or with any dominion over property,\ncommits criminal breach of trust in respect of that property, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also\nbe liable to fine.\n(5) Whoever, being in any manner entrusted with property, or with any dominion over\nproperty in his capacity of a public servant or in the way of his business as a banker,\nmerchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that\nproperty, shall be punished with imprisonment for life, or with imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\nOf receiving stolen property\n317. (1) Property, the possession whereof has been transferred by theft or extortion or Stolen\nrobbery or cheating, and property which has been criminally misappropriated or in respect of property.\nwhich criminal breach of trust has been committed, is designated as stolen property, whether\nthe transfer has been made, or the misappropriation or breach of trust has been committed,\nwithin or without India, but, if such property subsequently comes into the possession of a\nperson legally entitled to the possession thereof, it then ceases to be stolen property.\n(2) Whoever dishonestly receives or retains any stolen property, knowing or having\nreason to believe the same to be stolen property, shall be punished with imprisonment of\neither description for a term which may extend to three years, or with fine, or with both.\n(3) Whoever dishonestly receives or retains any stolen property, the possession\nwhereof he knows or has reason to believe to have been transferred by the commission of\n\n\fdacoity, or dishonestly receives from a person, whom he knows or has reason to believe to\nbelong or to have belonged to a gang of dacoits, property which he knows or has reason to\nbelieve to have been stolen, shall be punished with imprisonment for life, or with rigorous\nimprisonment for a term which may extend to ten years, and shall also be liable to fine.\n(4) Whoever habitually receives or deals in property which he knows or has reason to\nbelieve to be stolen property, shall be punished with imprisonment for life, or with imprisonment\nof either description for a term which may extend to ten years, and shall also be liable to fine.\n(5) Whoever voluntarily assists in concealing or disposing of or making away with\nproperty which he knows or has reason to believe to be stolen property, shall be punished\nwith imprisonment of either description for a term which may extend to three years, or with\nfine, or with both.\nOf cheating\nCheating.\n\n318. (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the\nperson so deceived to deliver any property to any person, or to consent that any person\nshall retain any property, or intentionally induces the person so deceived to do or omit to do\nanything which he would not do or omit if he were not so deceived, and which act or\nomission causes or is likely to cause damage or harm to that person in body, mind, reputation\nor property, is said to cheat.\nExplanation.—A dishonest concealment of facts is a deception within the meaning of\nthis section.\nIllustrations.\n(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and\nthus dishonestly induces Z to let him have on credit goods for which he does not mean to\npay. A cheats.\n(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a\nbelief that this article was made by a certain celebrated manufacturer, and thus dishonestly\ninduces Z to buy and pay for the article. A cheats.\n(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into\nbelieving that the article corresponds with the sample, and thereby dishonestly induces Z to\nbuy and pay for the article. A cheats.\n(d) A, by tendering in payment for an article a bill on a house with which A keeps no\nmoney, and by which A expects that the bill will be dishonoured, intentionally deceives Z,\nand thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.\n(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally\ndeceives Z, and thereby dishonestly induces Z to lend money. A cheats.\n(f) A intentionally deceives Z into a belief that A means to repay any money that Z\nmay lend to him and thereby dishonestly induces Z to lend him money, A not intending to\nrepay it. A cheats.\n(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain\nquantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces\nZ to advance money upon the faith of such delivery. A cheats; but if A, at the time of\nobtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract\nand does not deliver it, he does not cheat, but is liable only to a civil action for breach of\ncontract.\n(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract\nmade with Z, which he has not performed, and thereby dishonestly induces Z to pay money.\nA cheats.\n\n\f(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale\nhe has no right to the property, sells or mortgages the same to Z, without disclosing the fact\nof the previous sale and conveyance to B, and receives the purchase or mortgage money\nfrom Z. A cheats.\n(2) Whoever cheats shall be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine, or with both.\n(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful\nloss to a person whose interest in the transaction to which the cheating relates, he was\nbound, either by law, or by a legal contract, to protect, shall be punished with imprisonment\nof either description for a term which may extend to five years, or with fine, or with both.\n(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver\nany property to any person, or to make, alter or destroy the whole or any part of a valuable\nsecurity, or anything which is signed or sealed, and which is capable of being converted into\na valuable security, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine.\n319. (1) A person is said to cheat by personation if he cheats by pretending to be some Cheating by\nother person, or by knowingly substituting one person for or another, or representing that he personation.\nor any other person is a person other than he or such other person really is.\nExplanation.—The offence is committed whether the individual personated is a real\nor imaginary person.\nIllustrations.\n(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by\npersonation.\n(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.\n(2) Whoever cheats by personation shall be punished with imprisonment of either\ndescription for a term which may extend to five years, or with fine, or with both.\nOf fraudulent deeds and dispositions of property\n320. Whoever dishonestly or fraudulently removes, conceals or delivers to any person,\nor transfers or causes to be transferred to any person, without adequate consideration, any\nproperty, intending thereby to prevent, or knowing it to be likely that he will thereby prevent,\nthe distribution of that property according to law among his creditors or the creditors of any\nother person, shall be punished with imprisonment of either description for a term which\nshall not be less than six months but which may extend to two years, or with fine, or with\nboth.\n\nDishonest or\nfraudulent\nremoval or\nconcealment\nof property to\nprevent\ndistribution\namong\ncreditors.\n\n321. Whoever dishonestly or fraudulently prevents any debt or demand due to himself\nor to any other person from being made available according to law for payment of his debts\nor the debts of such other person, shall be punished with imprisonment of either description\nfor a term which may extend to two years, or with fine, or with both.\n\nDishonestly or\nfraudulently\npreventing\ndebt being\navailable for\ncreditors.\n\n322. Whoever dishonestly or fraudulently signs, executes or becomes a party to any\ndeed or instrument which purports to transfer or subject to any charge any property, or any\ninterest therein, and which contains any false statement relating to the consideration for\nsuch transfer or charge, or relating to the person or persons for whose use or benefit it is\nreally intended to operate, shall be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine, or with both.\n\nDishonest or\nfraudulent\nexecution of\ndeed of transfer\ncontaining\nfalse statement\nof\nconsideration.\n\n\fDishonest or\nfraudulent\nremoval or\nconcealment\nof property.\n\n323. Whoever dishonestly or fraudulently conceals or removes any property of himself\nor any other person, or dishonestly or fraudulently assists in the concealment or removal\nthereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished\nwith imprisonment of either description for a term which may extend to three years, or with\nfine, or with both.\nOf mischief\n\nMischief.\n\n324. (1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful\nloss or damage to the public or to any person, causes the destruction of any property, or any\nsuch change in any property or in the situation thereof as destroys or diminishes its value or\nutility, or affects it injuriously, commits mischief.\nExplanation 1.—It is not essential to the offence of mischief that the offender should\nintend to cause loss or damage to the owner of the property injured or destroyed. It is\nsufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage\nto any person by injuring any property, whether it belongs to that person or not.\nExplanation 2.—Mischief may be committed by an act affecting property belonging\nto the person who commits the act, or to that person and others jointly.\nIllustrations.\n(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful\nloss to Z. A has committed mischief.\n(b) A introduces water into an ice-house belonging to Z and thus causes the ice to\nmelt, intending wrongful loss to Z. A has committed mischief.\n(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby\ncausing wrongful loss to Z. A has committed mischief.\n(d) A, knowing that his effects are about to be taken in execution in order to satisfy a\ndebt due from him to Z, destroys those effects, with the intention of thereby preventing Z\nfrom obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed\nmischief.\n(e) A having insured a ship, voluntarily causes the same to be cast away, with the\nintention of causing damage to the underwriters. A has committed mischief.\n(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has\nlent money on bottomry on the ship. A has committed mischief.\n(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to\ncause wrongful loss to Z. A has committed mischief.\n(h) A causes cattle to enter upon a field belonging to Z, intending to cause and\nknowing that he is likely to cause damage to Z’s crop. A has committed mischief.\n(2) Whoever commits mischief shall be punished with imprisonment of either description\nfor a term which may extend to six months, or with fine, or with both.\n(3) Whoever commits mischief and thereby causes loss or damage to any property\nincluding the property of Government or Local Authority shall be punished with imprisonment\nof either description for a term which may extend to one year, or with fine, or with both.\n(4) Whoever commits mischief and thereby causes loss or damage to the amount of\ntwenty thousand rupees and more but less than one lakh rupees shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or\nwith both.\n(5) Whoever commits mischief and thereby causes loss or damage to the amount of\none lakh rupees or upwards, shall be punished with imprisonment of either description for a\nterm which may extend to five years, or with fine, or with both.\n\n\f(6) Whoever commits mischief, having made preparation for causing to any person\ndeath, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall\nbe punished with imprisonment of either description for a term which may extend to five\nyears, and shall also be liable to fine.\n325. Whoever commits mischief by killing, poisoning, maiming or rendering useless\nany animal shall be punished with imprisonment of either description for a term which may\nextend to five years, or with fine, or with both.\n326. Whoever commits mischief by,—\n(a) doing any act which causes, or which he knows to be likely to cause, a\ndiminution of the supply of water for agricultural purposes, or for food or drink for\nhuman beings or for animals which are property, or for cleanliness or for carrying on\nany manufacture, shall be punished with imprisonment of either description for a term\nwhich may extend to five years, or with fine, or with both;\n\nMischief by\nkilling or\nmaiming\nanimal.\nMischief by\ninjury,\ninundation, fire\nor explosive\nsubstance, etc.\n\n(b) doing any act which renders or which he knows to be likely to render any\npublic road, bridge, navigable river or navigable channel, natural or artificial, impassable\nor less safe for travelling or conveying property, shall be punished with imprisonment\nof either description for a term which may extend to five years, or with fine, or with\nboth;\n(c) doing any act which causes or which he knows to be likely to cause an\ninundation or an obstruction to any public drainage attended with injury or damage,\nshall be punished with imprisonment of either description for a term which may extend\nto five years, or with fine, or with both;\n(d) destroying or moving any sign or signal used for navigation of rail, aircraft\nor ship or other thing placed as a guide for navigators, or by any act which renders any\nsuch sign or signal less useful as a guide for navigators, shall be punished with\nimprisonment of either description for a term which may extend to seven years, or with\nfine, or with both;\n(e) destroying or moving any land-mark fixed by the authority of a public servant,\nor by any act which renders such land-mark less useful as such, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with\nfine, or with both;\n(f) fire or any explosive substance intending to cause, or knowing it to be likely\nthat he will thereby cause, damage to any property including agricultural produce,\nshall be punished with imprisonment of either description for a term which may extend\nto seven years, and shall also be liable to fine;\n(g) fire or any explosive substance, intending to cause, or knowing it to be likely\nthat he will thereby cause, the destruction of any building which is ordinarily used as\na place of worship or as a human dwelling or as a place for the custody of property,\nshall be punished with imprisonment for life, or with imprisonment of either description\nfor a term which may extend to ten years, and shall also be liable to fine.\n327. (1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any\nvessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or\nknowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or\nvessel, shall be punished with imprisonment of either description for a term which may\nextend to ten years, and shall also be liable to fine.\n(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such\nmischief as is described in sub-section (1), shall be punished with imprisonment for life or\nwith imprisonment of either description for a term which may extend to ten years, and shall\nalso be liable to fine.\n\nMischief with\nintent to\ndestroy or\nmake unsafe a\nrail, aircraft,\ndecked vessel\nor one of\ntwenty tons\nburden.\n\n\fPunishment for\nintentionally\nrunning vessel\naground or\nashore with\nintent to\ncommit theft,\netc.\n\n328. Whoever intentionally runs any vessel aground or ashore, intending to commit\ntheft of any property contained therein or to dishonestly misappropriate any such property,\nor with intent that such theft or misappropriation of property may be committed, shall be\npunished with imprisonment of either description for a term which may extend to ten years,\nand shall also be liable to fine.\nOf criminal trespass\n\nCriminal\ntrespass and\nhouse-trespass.\n\n329. (1) Whoever enters into or upon property in the possession of another with\nintent to commit an offence or to intimidate, insult or annoy any person in possession of\nsuch property or having lawfully entered into or upon such property, unlawfully remains\nthere with intent thereby to intimidate, insult or annoy any such person or with intent to\ncommit an offence is said to commit criminal trespass.\n(2) Whoever commits criminal trespass by entering into or remaining in any building,\ntent or vessel used as a human dwelling or any building used as a place for worship, or as a\nplace for the custody of property, is said to commit house-trespass.\nExplanation.—The introduction of any part of the criminal trespasser’s body is entering\nsufficient to constitute house-trespass.\n(3) Whoever commits criminal trespass shall be punished with imprisonment of either\ndescription for a term which may extend to three months, or with fine which may extend to\nfive thousand rupees, or with both.\n(4) Whoever commits house-trespass shall be punished with imprisonment of either\ndescription for a term which may extend to one year, or with fine which may extend to five\nthousand rupees, or with both.\n\nHouse-trespass\nand housebreaking.\n\n330. (1) Whoever commits house-trespass having taken precautions to conceal such\nhouse-trespass from some person who has a right to exclude or eject the trespasser from the\nbuilding, tent or vessel which is the subject of the trespass, is said to commit lurking\nhouse-trespass.\n(2) A person is said to commit house-breaking who commits house-trespass if he\neffects his entrance into the house or any part of it in any of the six ways hereinafter\ndescribed; or if, being in the house or any part of it for the purpose of committing an offence,\nor having committed an offence therein, he quits the house or any part of it in any of the\nfollowing ways, namely:––\n(a) if he enters or quits through a passage made by himself, or by any abettor of\nthe house-trespass, in order to the committing of the house-trespass;\n(b) if he enters or quits through any passage not intended by any person, other\nthan himself or an abettor of the offence, for human entrance; or through any passage\nto which he has obtained access by scaling or climbing over any wall or building;\n(c) if he enters or quits through any passage which he or any abettor of the\nhouse-trespass has opened, in order to the committing of the house-trespass by any\nmeans by which that passage was not intended by the occupier of the house to be\nopened;\n(d) if he enters or quits by opening any lock in order to the committing of the\nhouse-trespass, or in order to the quitting of the house after a house-trespass;\n(e) if he effects his entrance or departure by using criminal force or committing\nan assault, or by threatening any person with assault;\n(f) if he enters or quits by any passage which he knows to have been fastened\nagainst such entrance or departure, and to have been unfastened by himself or by an\nabettor of the house-trespass.\n\n\fExplanation.—Any out-house or building occupied with a house, and between which\nand such house there is an immediate internal communication, is part of the house within the\nmeaning of this section.\nIllustrations.\n(a) A commits house-trespass by making a hole through the wall of Z’s house, and\nputting his hand through the aperture. This is house-breaking.\n(b) A commits house-trespass by creeping into a ship at a port-hole between decks.\nThis is house-breaking.\n(c) A commits house-trespass by entering Z’s house through a window. This is\nhouse-breaking.\n(d) A commits house-trespass by entering Z’s house through the door, having opened\na door which was fastened. This is house-breaking.\n(e) A commits house-trespass by entering Z’s house through the door, having lifted a\nlatch by putting a wire through a hole in the door. This is house-breaking.\n(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by\nentering Z’s house, having opened the door with that key. This is house-breaking.\n(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits\nhouse-trespass by entering the house. This is house-breaking.\n(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by\nentering the house, having deterred Z from opposing him by threatening to beat him. This is\nhouse-breaking.\n331. (1) Whoever commits lurking house-trespass or house-breaking, shall be punished\nwith imprisonment of either description for a term which may extend to two years, and shall\nalso be liable to fine.\n(2) Whoever commits lurking house-trespass or house-breaking after sunset and before\nsunrise, shall be punished with imprisonment of either description for a term which may\nextend to three years, and shall also be liable to fine.\n(3) Whoever commits lurking house-trespass or house-breaking, in order to the\ncommitting of any offence punishable with imprisonment, shall be punished with imprisonment\nof either description for a term which may extend to three years, and shall also be liable to\nfine; and if the offence intended to be committed is theft, the term of the imprisonment may\nbe extended to ten years.\n(4) Whoever commits lurking house-trespass or house-breaking after sunset and before\nsunrise, in order to the committing of any offence punishable with imprisonment, shall be\npunished with imprisonment of either description for a term which may extend to five years,\nand shall also be liable to fine; and, if the offence intended to be committed is theft, the term\nof the imprisonment may be extended to fourteen years.\n(5) Whoever commits lurking house-trespass, or house-breaking, having made\npreparation for causing hurt to any person, or for assaulting any person, or for wrongfully\nrestraining any person, or for putting any person in fear of hurt or of assault or of wrongful\nrestraint, shall be punished with imprisonment of either description or a term which may\nextend to ten years, and shall also be liable to fine.\n(6) Whoever commits lurking house-trespass or house-breaking after sunset and before\nsunrise, having made preparation for causing hurt to any person or for assaulting any\nperson, or for wrongfully restraining any person, or for putting any person in fear of hurt, or\nof assault, or of wrongful restraint, shall be punished with imprisonment of either description\nfor a term which may extend to fourteen years, and shall also be liable to fine.\n\nPunishment for\nhouse-trespass\nor housebreaking.\n\n\f(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes\ngrievous hurt to any person or attempts to cause death or grievous hurt to any person, shall\nbe punished with imprisonment for life, or imprisonment of either description for a term which\nmay extend to ten years, and shall also be liable to fine.\n(8) If, at the time of the committing of lurking house-trespass or house-breaking after\nsunset and before sunrise, any person guilty of such offence shall voluntarily cause or\nattempt to cause death or grievous hurt to any person, every person jointly concerned in\ncommitting such lurking house-trespass or house-breaking after sunset and before sunrise,\nshall be punished with imprisonment for life, or with imprisonment of either description for a\nterm which may extend to ten years, and shall also be liable to fine.\nHouse-trespass\nin order to\ncommit\noffence.\n\n332. Whoever commits house-trespass in order to the committing of any offence––\n(a) punishable with death, shall be punished with imprisonment for life, or with\nrigorous imprisonment for a term not exceeding ten years, and shall also be liable to\nfine;\n(b) punishable with imprisonment for life, shall be punished with imprisonment\nof either description for a term not exceeding ten years, and shall also be liable to fine;\n(c) punishable with imprisonment, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, and shall also be liable to fine:\nProvided that if the offence intended to be committed is theft, the term of the\nimprisonment may be extended to seven years.\n\nHouse-trespass\nafter\npreparation for\nhurt, assault or\nwrongful\nrestraint.\n\n333. Whoever commits house-trespass, having made preparation for causing hurt to\nany person or for assaulting any person, or for wrongfully restraining any person, or for\nputting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished\nwith imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.\n\nDishonestly\nbreaking open\nreceptacle\ncontaining\nproperty.\n\n334. (1) Whoever dishonestly or with intent to commit mischief, breaks open or\nunfastens any closed receptacle which contains or which he believes to contain property,\nshall be punished with imprisonment of either description for a term which may extend to two\nyears, or with fine, or with both.\n(2) Whoever, being entrusted with any closed receptacle which contains or which he\nbelieves to contain property, without having authority to open the same, dishonestly, or with\nintent to commit mischief, breaks open or unfastens that receptacle, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine, or\nwith both.\nCHAPTER XVIII\nOF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS\n\nMaking a false\ndocument.\n\n335. A person is said to make a false document or false electronic record—\n(A) Who dishonestly or fraudulently—\n(i) makes, signs, seals or executes a document or part of a document;\n(ii) makes or transmits any electronic record or part of any electronic\nrecord;\n(iii) affixes any electronic signature on any electronic record;\n(iv) makes any mark denoting the execution of a document or the\nauthenticity of the electronic signature,\nwith the intention of causing it to be believed that such document or part of\ndocument, electronic record or electronic signature was made, signed, sealed,\nexecuted, transmitted or affixed by or by the authority of a person by whom or\n\n\fby whose authority he knows that it was not made, signed, sealed, executed or\naffixed; or\n(B) Who without lawful authority, dishonestly or fraudulently, by cancellation\nor otherwise, alters a document or an electronic record in any material part thereof,\nafter it has been made, executed or affixed with electronic signature either by himself or\nby any other person, whether such person be living or dead at the time of such\nalteration; or\n(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or\nalter a document or an electronic record or to affix his electronic signature on any\nelectronic record knowing that such person by reason of unsoundness of mind or\nintoxication cannot, or that by reason of deception practised upon him, he does not\nknow the contents of the document or electronic record or the nature of the alteration.\nIllustrations.\n(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud\nB, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by\nB that Z so wrote the letter. A has committed forgery.\n(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance\nof an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining\nfrom B the purchase-money. A has committed forgery.\n(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any\nsum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the\nsum of ten thousand rupees. A commits forgery.\n(d) A leaves with B, his agent, a cheque on a banker, signed byA, without inserting the\nsum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten\nthousand rupees for the purpose of making certain payments. B fraudulently fills up the\ncheque by inserting the sum of twenty thousand rupees. B commits forgery.\n(e) A draws a bill of exchange on himself in the name of B without B’s authority,\nintending to discount it as a genuine bill with a banker and intending to take up the bill on its\nmaturity. Here, as A draws the bill with intent to deceive the banker by leading him to\nsuppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.\n(f) Z’s will contains these words—“I direct that all my remaining property be equally\ndivided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be\nbelieved that the whole was left to himself and C. A has committed forgery.\n(g) A endorses a Government promissory note and makes it payable to Z or his order\nby writing on the bill the words “Pay to Z or his order” and signing the endorsement. B\ndishonestly erases the words “Pay to Z or his order”, and thereby converts the special\nendorsement into a blank endorsement. B commits forgery.\n(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate,\nexecutes a conveyance of the same estate to B, dated six months earlier than the date of the\nconveyance to Z, intending it to be believed that he had conveyed the estate to B before he\nconveyed it to Z. A has committed forgery.\n(i) Z dictates his will to A. A intentionally writes down a different legatee from the\nlegatee named by Z, and by representing to Z that he has prepared the will according to his\ninstructions, induces Z to sign the will. A has committed forgery.\n(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is\na man of good character and in distressed circumstances from unforeseen misfortune,\nintending by means of such letter to obtain alms from Z and other persons. Here, as A made\na false document in order to induce Z to part with property, A has committed forgery.\n\n\f(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s\ncharacter, intending thereby to obtain employment under Z. A has committed forgery in as\nmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter\ninto an express or implied contract for service.\nExplanation 1.—A man’s signature of his own name may amount to forgery.\nIllustrations.\n(a) A signs his own name to a bill of exchange, intending that it may be believed that\nthe bill was drawn by another person of the same name. A has committed forgery.\n(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in\norder that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and\nnegotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,\nknowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of\nforgery.\n(c) A picks up a bill of exchange payable to the order of a different person of the same\nname. A endorses the bill in his own name, intending to cause it to be believed that it was\nendorsed by the person to whose order it was payable; here A has committed forgery.\n(d) A purchases an estate sold under execution of a decree against B. B, after the\nseizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent\nand for a long period and dates the lease six months prior to the seizure, with intent to\ndefraud A, and to cause it to be believed that the lease was granted before the seizure. B,\nthough he executes the lease in his own name, commits forgery by antedating it.\n(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and\nwith intent to defraud his creditors; and in order to give a colour to the transaction, writes a\npromissory note binding himself to pay to B a sum for value received, and antedates the\nnote, intending that it may be believed to have been made before A was on the point of\ninsolvency. A has committed forgery under the first head of the definition.\nExplanation 2.—The making of a false document in the name of a fictitious person,\nintending it to be believed that the document was made by a real person, or in the name of a\ndeceased person, intending it to be believed that the document was made by the person in\nhis lifetime, may amount to forgery.\nIllustration.\nA draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in\nthe name of such fictitious person with intent to negotiate it. A commits forgery.\nExplanation 3.—For the purposes of this section, the expression “affixing electronic\nsignature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2\nof the Information Technology Act, 2000.\nForgery.\n\n336. (1) Whoever makes any false document or false electronic record or part of a\ndocument or electronic record, with intent to cause damage or injury, to the public or to any\nperson, or to support any claim or title, or to cause any person to part with property, or to\nenter into any express or implied contract, or with intent to commit fraud or that fraud may be\ncommitted, commits forgery.\n(2) Whoever commits forgery shall be punished with imprisonment of either description\nfor a term which may extend to two years, or with fine, or with both.\n(3) Whoever commits forgery, intending that the document or electronic record forged\nshall be used for the purpose of cheating, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n\n21 of 2000.\n\n\f(4) Whoever commits forgery, intending that the document or electronic record forged\nshall harm the reputation of any party, or knowing that it is likely to be used for that purpose,\nshall be punished with imprisonment of either description for a term which may extend to\nthree years, and shall also be liable to fine.\n337. Whoever forges a document or an electronic record, purporting to be a record or\nproceeding of or in a Court or an identity document issued by Government including voter\nidentity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by\na public servant as such, or a certificate or document purporting to be made by a public\nservant in his official capacity, or an authority to institute or defend a suit, or to take any\nproceedings therein, or to confess judgment, or a power of attorney, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also\nbe liable to fine.\n\n21 of 2000.\n\nForgery of\nrecord of\nCourt or of\npublic register,\netc.\n\nExplanation.—For the purposes of this section, “register” includes any list, data or\nrecord of any entries maintained in the electronic form as defined in clause (r) of sub-section (1)\nof section 2 of the Information Technology Act, 2000.\n338. Whoever forges a document which purports to be a valuable security or a will, or\nan authority to adopt a son, or which purports to give authority to any person to make or\ntransfer any valuable security, or to receive the principal, interest or dividends thereon, or to\nreceive or deliver any money, movable property, or valuable security, or any document\npurporting to be an acquittance or receipt acknowledging the payment of money, or an\nacquittance or receipt for the delivery of any movable property or valuable security, shall be\npunished with imprisonment for life, or with imprisonment of either description for a term\nwhich may extend to ten years, and shall also be liable to fine.\n\nForgery of\nvaluable\nsecurity, will,\netc.\n\n339. Whoever has in his possession any document or electronic record, knowing the\nsame to be forged and intending that the same shall fraudulently or dishonestly be used as\ngenuine, shall, if the document or electronic record is one of the description mentioned in\nsection 337 of this Sanhita, be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine; and if the document is one\nof the description mentioned in section 338, shall be punished with imprisonment for life, or\nwith imprisonment of either description, for a term which may extend to seven years, and\nshall also be liable to fine.\n\nHaving\npossession of\ndocument\ndescribed in\nsection 337 or\nsection 338,\nknowing it to\nbe forged and\nintending to\nuse it as\ngenuine.\nForged\ndocument or\nelectronic\nrecord and\nusing it as\ngenuine.\n\n340. (1) A false document or electronic record made wholly or in part by forgery is\ndesignated a forged document or electronic record.\n(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic\nrecord which he knows or has reason to believe to be a forged document or electronic record,\nshall be punished in the same manner as if he had forged such document or electronic record.\n341. (1) Whoever makes or counterfeits any seal, plate or other instrument for making\nan impression, intending that the same shall be used for the purpose of committing any\nforgery which would be punishable under section 338 of this Sanhita, or, with such intent,\nhas in his possession any such seal, plate or other instrument, knowing the same to be\ncounterfeit, shall be punished with imprisonment for life, or with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n(2) Whoever makes or counterfeits any seal, plate or other instrument for making an\nimpression, intending that the same shall be used for the purpose of committing any forgery\nwhich would be punishable under any section of this Chapter other than section 338, or, with\nsuch intent, has in his possession any such seal, plate or other instrument, knowing the\nsame to be counterfeit, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine.\n(3) Whoever possesses any seal, plate or other instrument knowing the same to be\ncounterfeit, shall be punished with imprisonment of either description for a term which may\nextend to three years, and shall also be liable to fine.\n\nMaking or\npossessing\ncounterfeit\nseal, etc., with\nintent to\ncommit\nforgery\npunishable\nunder section\n338.\n\n\f(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other\ninstrument knowing or having reason to believe the same to be counterfeit, shall be punished\nin the same manner as if he had made or counterfeited such seal, plate or other instrument.\nCounterfeiting\ndevice or\nmark used for\nauthenticating\ndocuments\ndescribed in\nsection 338,\nor possessing\ncounterfeit\nmarked\nmaterial.\n\n342. (1) Whoever counterfeits upon, or in the substance of, any material, any device\nor mark used for the purpose of authenticating any document described in section 338,\nintending that such device or mark shall be used for the purpose of giving the appearance of\nauthenticity to any document then forged or thereafter to be forged on such material, or who,\nwith such intent, has in his possession any material upon or in the substance of which any\nsuch device or mark has been counterfeited, shall be punished with imprisonment for life, or\nwith imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.\n\nFraudulent\ncancellation,\ndestruction,\netc., of will,\nauthority to\nadopt, or\nvaluable\nsecurity.\n\n343. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to\nthe public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or\ndeface, or secretes or attempts to secrete any document which is or purports to be a will, or\nan authority to adopt a son, or any valuable security, or commits mischief in respect of such\ndocument, shall be punished with imprisonment for life, or with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n\nFalsification\nof accounts.\n\n344. Whoever, being a clerk, officer or servant, or employed or acting in the capacity\nof a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or\nfalsifies any book, electronic record, paper, writing, valuable security or account which\nbelongs to or is in the possession of his employer, or has been received by him for or on\nbehalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of\nany false entry in, or omits or alters or abets the omission or alteration of any material\nparticular from or in, any such book, electronic record, paper, writing, valuable security or\naccount, shall be punished with imprisonment of either description for a term which may\nextend to seven years, or with fine, or with both.\n\n(2) Whoever counterfeits upon, or in the substance of, any material, any device or\nmark used for the purpose of authenticating any document or electronic record other than\nthe documents described in section 338, intending that such device or mark shall be used for\nthe purpose of giving the appearance of authenticity to any document then forged or\nthereafter to be forged on such material, or who with such intent, has in his possession any\nmaterial upon or in the substance of which any such device or mark has been counterfeited,\nshall be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine.\n\nExplanation.—It shall be sufficient in any charge under this section to allege a general\nintent to defraud without naming any particular person intended to be defrauded or specifying\nany particular sum of money intended to be the subject of the fraud, or any particular day on\nwhich the offence was committed.\nOf property marks\nProperty\nmark.\n\n345. (1) A mark used for denoting that movable property belongs to a particular person\nis called a property mark.\n(2) Whoever marks any movable property or goods or any case, package or other\nreceptacle containing movable property or goods, or uses any case, package or other\nreceptacle having any mark thereon, in a manner reasonably calculated to cause it to be\nbelieved that the property or goods so marked, or any property or goods contained in any\nsuch receptacle so marked, belong to a person to whom they do not belong, is said to use a\nfalse property mark.\n(3) Whoever uses any false property mark shall, unless he proves that he acted without\nintent to defraud, be punished with imprisonment of either description for a term which may\nextend to one year, or with fine, or with both.\n\n\f346. Whoever removes, destroys, defaces or adds to any property mark, intending or\nknowing it to be likely that he may thereby cause injury to any person, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine, or\nwith both.\n\nTampering\nwith property\nmark with\nintent to cause\ninjury.\n\n347. (1) Whoever counterfeits any property mark used by any other person shall be Counterfeiting\npunished with imprisonment of either description for a term which may extend to two years, a property\nmark.\nor with fine, or with both.\n(2) Whoever counterfeits any property mark used by a public servant, or any mark\nused by a public servant to denote that any property has been manufactured by a particular\nperson or at a particular time or place, or that the property is of a particular quality or has\npassed through a particular office, or that it is entitled to any exemption, or uses as genuine\nany such mark knowing the same to be counterfeit, shall be punished with imprisonment of\neither description for a term which may extend to three years, and shall also be liable to fine.\n348. Whoever makes or has in his possession any die, plate or other instrument for the\npurpose of counterfeiting a property mark, or has in his possession a property mark for the\npurpose of denoting that any goods belong to a person to whom they do not belong, shall\nbe punished with imprisonment of either description for a term which may extend to three\nyears, or with fine, or with both.\n\nMaking or\npossession of\nany instrument\nfor\ncounterfeiting\na property\nmark.\n\n349. Whoever sells, or exposes, or has in possession for sale, any goods or things\nwith a counterfeit property mark affixed to or impressed upon the same or to or upon any\ncase, package or other receptacle in which such goods are contained, shall, unless he proves—\n\nSelling goods\nmarked with a\ncounterfeit\nproperty\nmark.\n\n(a) that, having taken all reasonable precautions against committing an offence\nagainst this section, he had at the time of the commission of the alleged offence no\nreason to suspect the genuineness of the mark; and\n(b) that, on demand made by or on behalf of the prosecutor, he gave all the\ninformation in his power with respect to the persons from whom he obtained such\ngoods or things; or\n(c) that otherwise he had acted innocently,\nbe punished with imprisonment of either description for a term which may extend to one year,\nor with fine, or with both.\n350. (1) Whoever makes any false mark upon any case, package or other receptacle\ncontaining goods, in a manner reasonably calculated to cause any public servant or any\nother person to believe that such receptacle contains goods which it does not contain or that\nit does not contain goods which it does contain, or that the goods contained in such\nreceptacle are of a nature or quality different from the real nature or quality thereof, shall,\nunless he proves that he acted without intent to defraud, be punished with imprisonment of\neither description for a term which may extend to three years, or with fine, or with both.\n\nMaking a false\nmark upon\nany receptacle\ncontaining\ngoods.\n\n(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1)\nshall, unless he proves that he acted without intent to defraud, be punished as if he had\ncommitted the offence under sub-section (1).\nCHAPTER XIX\nOF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.\n351. (1) Whoever threatens another by any means, with any injury to his person, Criminal\nreputation or property, or to the person or reputation of any one in whom that person is intimidation.\ninterested, with intent to cause alarm to that person, or to cause that person to do any act\nwhich he is not legally bound to do, or to omit to do any act which that person is legally\nentitled to do, as the means of avoiding the execution of such threat, commits criminal\nintimidation.\n\n\fExplanation.—A threat to injure the reputation of any deceased person in whom the\nperson threatened is interested, is within this section.\nIllustration.\nA, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to\nburn B’s house. A is guilty of criminal intimidation.\n(2) Whoever commits the offence of criminal intimidation shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or\nwith both.\n(3) Whoever commits the offence of criminal intimidation by threatening to cause\ndeath or grievous hurt, or to cause the destruction of any property by fire, or to cause an\noffence punishable with death or imprisonment for life, or with imprisonment for a term which\nmay extend to seven years, or to impute unchastity to a woman, shall be punished with\nimprisonment of either description for a term which may extend to seven years, or with fine,\nor with both.\n(4) Whoever commits the offence of criminal intimidation by an anonymous\ncommunication, or having taken precaution to conceal the name or abode of the person from\nwhom the threat comes, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, in addition to the punishment provided for the offence under\nsub-section (1).\nIntentional\ninsult with\nintent to\nprovoke\nbreach of\npeace.\n\n352. Whoever intentionally insults in any manner, and thereby gives provocation to\nany person, intending or knowing it to be likely that such provocation will cause him to break\nthe public peace, or to commit any other offence, shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\n\nStatements\nconducing to\npublic\nmischief.\n\n353. (1) Whoever makes, publishes or circulates any statement, false information,\nrumour, or report, including through electronic means—\n(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or\nairman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail\nin his duty as such; or\n(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or\nto any section of the public whereby any person may be induced to commit an offence\nagainst the State or against the public tranquillity; or\n(c) with intent to incite, or which is likely to incite, any class or community of\npersons to commit any offence against any other class or community,\nshall be punished with imprisonment which may extend to three years, or with fine, or with\nboth.\n(2) Whoever makes, publishes or circulates any statement or report containing false\ninformation, rumour or alarming news, including through electronic means, with intent to\ncreate or promote, or which is likely to create or promote, on grounds of religion, race, place\nof birth, residence, language, caste or community or any other ground whatsoever, feelings\nof enmity, hatred or ill will between different religious, racial, language or regional groups or\ncastes or communities, shall be punished with imprisonment which may extend to three\nyears, or with fine, or with both.\n(3) Whoever commits an offence specified in sub-section (2) in any place of worship\nor in any assembly engaged in the performance of religious worship or religious ceremonies,\nshall be punished with imprisonment which may extend to five years and shall also be liable\nto fine.\n\n\fException.—It does not amount to an offence, within the meaning of this section,\nwhen the person making, publishing or circulating any such statement, false information,\nrumour or report, has reasonable grounds for believing that such statement, false information,\nrumour or report is true and makes, publishes or circulates it in good faith and without any\nsuch intent as aforesaid.\n354. Whoever voluntarily causes or attempts to cause any person to do anything\nwhich that person is not legally bound to do, or to omit to do anything which he is legally\nentitled to do, by inducing or attempting to induce that person to believe that he or any\nperson in whom he is interested will become or will be rendered by some act of the offender\nan object of Divine displeasure if he does not do the thing which it is the object of the\noffender to cause him to do, or if he does the thing which it is the object of the offender to\ncause him to omit, shall be punished with imprisonment of either description for a term which\nmay extend to one year, or with fine, or with both.\n\nAct caused\nby inducing\nperson to\nbelieve that he\nwill be rendered\nan object of\nDivine\ndispleasure.\n\nIllustrations.\n(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so\nsitting, he renders Z an object of Divine displeasure. A has committed the offence defined in\nthis section.\n(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own\nchildren, under such circumstances that the killing would be believed to render Z an object\nof Divine displeasure. A has committed the offence defined in this section.\n355. Whoever, in a state of intoxication, appears in any public place, or in any place\nwhich it is a trespass in him to enter, and there conducts himself in such a manner as to cause\nannoyance to any person, shall be punished with simple imprisonment for a term which may\nextend to twenty-four hours, or with fine which may extend to one thousand rupees, or with\nboth or with community service.\n\nMisconduct in\npublic by a\ndrunken\nperson.\n\nOf defamation\n356. (1) Whoever, by words either spoken or intended to be read, or by signs or by Defamation.\nvisible representations, makes or publishes in any manner, any imputation concerning any\nperson intending to harm, or knowing or having reason to believe that such imputation will\nharm, the reputation of such person, is said, except in the cases hereinafter excepted, to\ndefame that person.\nExplanation 1.—It may amount to defamation to impute anything to a deceased person,\nif the imputation would harm the reputation of that person if living, and is intended to be\nhurtful to the feelings of his family or other near relatives.\nExplanation 2.—It may amount to defamation to make an imputation concerning a\ncompany or an association or collection of persons as such.\nExplanation 3.—An imputation in the form of an alternative or expressed ironically,\nmay amount to defamation.\nExplanation 4.—No imputation is said to harm a person’s reputation, unless that\nimputation directly or indirectly, in the estimation of others, lowers the moral or intellectual\ncharacter of that person, or lowers the character of that person in respect of his caste or of his\ncalling, or lowers the credit of that person, or causes it to be believed that the body of that\nperson is in a loathsome state, or in a state generally considered as disgraceful.\nIllustrations.\n(a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to\nbe believed that Z did steal B’s watch. This is defamation, unless it falls within one of the\nexceptions.\n(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed\nthat Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.\n\n\f(c) A draws a picture of Z running away with B’s watch, intending it to be believed that\nZ stole B’s watch. This is defamation, unless it falls within one of the exceptions.\nException 1.—It is not defamation to impute anything which is true concerning any\nperson, if it be for the public good that the imputation should be made or published. Whether\nor not it is for the public good is a question of fact.\nException 2.—It is not defamation to express in good faith any opinion whatever\nrespecting the conduct of a public servant in the discharge of his public functions, or\nrespecting his character, so far as his character appears in that conduct, and no further.\nException 3.—It is not defamation to express in good faith any opinion whatever\nrespecting the conduct of any person touching any public question, and respecting his\ncharacter, so far as his character appears in that conduct, and no further.\nIllustration.\nIt is not defamation in A to express in good faith any opinion whatever respecting Z’s\nconduct in petitioning Government on a public question, in signing a requisition for a meeting\non a public question, in presiding or attending at such meeting, in forming or joining any\nsociety which invites the public support, in voting or canvassing for a particular candidate\nfor any situation in the efficient discharge of the duties of which the public is interested.\nException 4.––It is not defamation to publish substantially true report of the\nproceedings of a Court, or of the result of any such proceedings.\nExplanation.—A Magistrate or other officer holding an inquiry in open Court\npreliminary to a trial in a Court, is a Court within the meaning of the above section.\nException 5.—It is not defamation to express in good faith any opinion whatever\nrespecting the merits of any case, civil or criminal, which has been decided by a Court, or\nrespecting the conduct of any person as a party, witness or agent, in any such case, or\nrespecting the character of such person, as far as his character appears in that conduct, and\nno further.\nIllustrations.\n(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be\nstupid or dishonest”. A is within this exception if he says this in good faith, in as much as the\nopinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness,\nand no further.\n(b) But if A says—“I do not believe what Z asserted at that trial because I know him to\nbe a man without veracity”; A is not within this exception, in as much as the opinion which\nexpresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.\nException 6.—It is not defamation to express in good faith any opinion respecting the\nmerits of any performance which its author has submitted to the judgment of the public, or\nrespecting the character of the author so far as his character appears in such performance,\nand no further.\nExplanation.—A performance may be submitted to the judgment of the public expressly\nor by acts on the part of the author which imply such submission to the judgment of the\npublic.\nIllustrations.\n(a) A person who publishes a book, submits that book to the judgment of the public.\n(b) A person who makes a speech in public, submits that speech to the judgment of the\npublic.\n(c) An actor or singer who appears on a public stage, submits his acting or singing to\nthe judgment of the public.\n\n\f(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s\nbook is indecent; Z must be a man of impure mind”. A is within the exception, if he says this\nin good faith, in as much as the opinion which he expresses of Z respects Z’s character only\nso far as it appears in Z’s book, and no further.\n(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a\nweak man and a libertine”. A is not within this exception, in as much as the opinion which\nhe expresses of Z’s character is an opinion not founded on Z’s book.\nException 7.—It is not defamation in a person having over another any authority,\neither conferred by law or arising out of a lawful contract made with that other, to pass in\ngood faith any censure on the conduct of that other in matters to which such lawful authority\nrelates.\nIllustration.\nA Judge censuring in good faith the conduct of a witness, or of an officer of the Court;\na head of a department censuring in good faith those who are under his orders, a parent\ncensuring in good faith a child in the presence of other children; a school master, whose\nauthority is derived from a parent, censuring in good faith a pupil in the presence of other\npupils; a master censuring a servant in good faith for remissness in service; a banker censuring\nin good faith the cashier of his bank for the conduct of such cashier as such cashier are\nwithin this exception.\nException 8.—It is not defamation to prefer in good faith an accusation against any\nperson to any of those who have lawful authority over that person with respect to the\nsubject-matter of accusation.\nIllustration.\nIf A in good faith accuses Z before a Magistrate; if A in good faith complains of the\nconduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a\nchild, to Z’s father, A is within this exception.\nException 9.— It is not defamation to make an imputation on the character of another\nprovided that the imputation be made in good faith for the protection of the interests of the\nperson making it, or of any other person, or for the public good.\nIllustrations.\n(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless\nhe pays you ready money, for I have no opinion of his honesty”. A is within the exception,\nif he has made this imputation on Z in good faith for the protection of his own interests.\n(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation\non the character of Z. Here, if the imputation is made in good faith, and for the public good,\nA is within the exception.\nException 10.— It is not defamation to convey a caution, in good faith, to one person\nagainst another, provided that such caution be intended for the good of the person to whom\nit is conveyed, or of some person in whom that person is interested, or for the public good.\n(2) Whoever defames another shall be punished with simple imprisonment for a term\nwhich may extend to two years, or with fine, or with both, or with community service.\n(3) Whoever prints or engraves any matter, knowing or having good reason to believe\nthat such matter is defamatory of any person, shall be punished with simple imprisonment for\na term which may extend to two years, or with fine, or with both.\n(4) Whoever sells or offers for sale any printed or engraved substance containing\ndefamatory matter, knowing that it contains such matter, shall be punished with simple\nimprisonment for a term which may extend to two years, or with fine, or with both.\n\n\fOf breach of contract to attend on and supply wants of helpless person\nBreach of\ncontract to\nattend on and\nsupply wants\nof helpless\nperson.\n\n357. Whoever, being bound by a lawful contract to attend on or to supply the wants\nof any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily\nweakness, is helpless or incapable of providing for his own safety or of supplying his own\nwants, voluntarily omits so to do, shall be punished with imprisonment of either description\nfor a term which may extend to three months, or with fine which may extend to five thousand\nrupees, or with both.\nCHAPTERXX\nREPEAL AND SAVINGS\n\nRepeal and\nsavings.\n\n358. (1) The Indian Penal Code is hereby repealed.\n\n45 of 1860.\n\n(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not\naffect,—\n(a) the previous operation of the Code so repealed or anything duly done or\nsuffered thereunder; or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred\nunder the Code so repealed; or\n(c) any penalty, or punishment incurred in respect of any offences committed\nagainst the Code so repealed; or\n(d) any investigation or remedy in respect of any such penalty, or punishment; or\n(e) any proceeding, investigation or remedy in respect of any such penalty or\npunishment as aforesaid, and any such proceeding or remedy may be instituted,\ncontinued or enforced, and any such penalty may be imposed as if that Code had not\nbeen repealed.\n(3) Notwithstanding such repeal, anything done or any action taken under the said\nCode shall be deemed to have been done or taken under the corresponding provisions of\nthis Sanhita.\n(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or\naffect the general application of section 6 of the General Clauses Act,1897 with regard to the\neffect of the repeal.\n\n10 of 1897.\n\n—————\n\nDIWAKAR SINGH,\nJoint Secretary & Legislative Counsel to the Govt. of India.\n\nUPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002\nAND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.\nMGIPMRND—531GI(S3)—25-12-2023.\n\nKshitiz\nMohan\n\nDigitally signed by Kshitiz Mohan\n\n\n\f\n\f\n\f"}