(a)

Courts of        The Court of [any Judicial Magistrate] may award such terms of imprisonment in default of payment of fine as is authorised by law in case of such default ;
       Proviso as to certain cases. - Provided that-
       (a) the term is not in excess of the Magistrate's power under this Code ;
       (b) in any case decided [by a Judicial Magistrate] where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-forth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than an imprisonment in default of payment of the fine.
       (2) The imprisonment awarded under this section may be in addition to a substantive sentenc

S.34 Higher powers of Chief Judicial Magistrate

Notwithstanding anything contained in section 32, the Court of Chief Judicial Magistrate or where there is no Chief Judicial Magistrate the Additional District Magistrate may pass any sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years.]

S.35 Sentence in cases of conviction of several offence at one trial

       When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Ranbir Penal Code, sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict ; such punishments, when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
       (2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on trial before a Higher Court ;
       Maximum term of punishment. - Provided as follows :-
       (a) in no case sh

S.36 Ordinary powers of Magistrates

All District Magistrates [Chief Judicial Magistrates], Sub-Divisional Magistrates [and Judicial and Executive Magistrates other than Special Judicial Magistrates and Special Executive Magistrates] have the powers hereinafter respectively conferred upon them and specified in the Third Schedule. Such powers are called their "ordinary powers".

S.37 Additional powers conferrable on Magistrates

       In addition to his ordinary powers-
       (a) the High Court may invest any Judicial Magistrate with any of the powers as specified in Part I (A) of the Fourth Schedule ;
       (b) a Chief Judicial Magistrate may invest any other Judicial Magistrate within his local jurisdiction with the powers specified in part I (B) of the Fourth Schedule ;
       (c) the Government may invest any Executive Magistrate with any of the powers as specified in part II (A) of the Fourth Schedule ; and
       (d) A District Magistrate may invest/any Executive Magistrate within his local jurisdiction with the powers specified in part II (B) of the Fourth Schedule.

S.38 Exercise of powers under section 37 by Chief Judicial or District Magistrate to be subject to control of High Court or Government

The powers conferred on Chief Judicial Magistrate under clause (b) of section 37 shall be exercised subject to the control of the High Court and the powers on the District Magistrate under clause (d) of that section shall be exercised subject to the control of the Government].

S.38(a) Powers on Judicial Magistrates to be conferred by the High Court

       Whenever, under any provisions of this Code or of any law for the time bring in force relating to any of the matters in respect of which the State Legislature can make laws for the State either by itself or concurrently with the Parliament of India, any judicial powers are to be conferred on a Sessions Judge or an Additional or Assistant Sessions Judge or Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall unless otherwise provided in such law, be made by the High Court.
       Explanation. - For the purposes of this section the question whether any powers are judicial shall be decided by the High Court and such decision shall be final.]

S.39 Mode of conferring powers

       (1) In conferring powers under this Code [the Government or the High Court, as the case may be,]may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles.
       (2) Every such order shall take effect from the date on which it is communicated to the persons so empowered.

S.40 Powers of officers appointed

       Whenever any persons holding an office in the service of [the State] who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area, he shall, unless [the Government or the High Court, as the case may be], otherwise directs,
       or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

S.41 Power may be cancelled

       (1) The [Government] [or the High Court, as the case may be,] may withdraw all or any of the powers conferred under this Code or any person by it or by any officer subordinate to it.
       [(2) Any powers conferred by the Chief Judicial Magistrate or District Magistrate may be withdrawn by him].

S.42 Public when to assist Magistrate and Police

       Every person is bound to assist a Magistrate or police officer reasonably demanding his aid,-
       (a) in the taking or preventing the escape of any other person whom sum Magistrate or police officer authorised to arrest ;
       (b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

S.43 Aid to person, other than police-officer, executing warrant

When a warrant is directed to a person other than a police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

S.44 Public to give information of certain offences

       (1) Every person, aware of the commission of, or of the intention of any other person to commit any offence punishable under any of the following sections of the Ranbir Penal Code namely 121, 121-A, 122, 123, 124, 124-A, 125, 126, 130, 143, 144, 145, 147, 148,, 302, 103, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.
       (2) For the purposes of this section the term "offence" includes any act committed at any place out of Jammu and Kashmir State which would constitute an offence if committed in Jammu and Kashmir State.

S.45 Village, headmen, accountants, landholders and other bound to report certain matters

       (1) Every village headman, village accountant, village watchman, village police-officer, owner or occupier in charge of land and the agent of any such owner or occupier in charge of the management of that land [and every member of a village panchayat, other than a Judicial panchayat (where such panchayat, by whatever name is called, is constituted under any law for the time being in force)] and every officer employed in the collection of revenue, of rent of land on the part of Government or the Court of Wards forthwith communicate to the nearest Magistrate or to the officer-in-charge of the nearest police-station, whichever is the nearer, any information which he may possess respecting-
       (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watchman or police-officer, or in which he owns or

S.46 Arrest how made

       (1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
       (2) Resisting endeavour to arrest. - If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.
       (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with life imprisonment.

S.47 Search of place entered by person sought to be arrested

If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within, any place, [any person residing] in, or being incharge of, such place, shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

S.48 Procedure where ingress not obtainable

       If ingress to such place cannot be obtained under section 47, it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or widow of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.
       Breaking open Zenana. - Provided that if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering

S.49 Power to break open doors and windows for purposes of liberation

Any police-officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

S.50 No unnecessary restraint

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

S.50(a) Person arrested to be informed of grounds of arrest and of right to bail

       (1) Every police-officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
       (2) Where a police-officer arrests without warrant and person other than a person accused of a non-bailable offence he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

S.51 Search of arrested persons

       Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail ; and
       whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.
       The officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing-apparel found upon him.

S.52 Mode of searching women

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

S.53 Power to seize offensive weapons

The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

S.54 When police may arrest without warrant

       Any police-officer may, without an order from a Magistrate and without a warrant, arrest-
       first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or creditable information has been received, or a reasonable suspicion exists of his having been so concerned ;
       secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking ;
       thirdly, any person who has, been proclaimed as an offender either this Code or by order of a Government ;
       fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having comm

S.55 Arrest of vagabonds, habitual robbers, etc.

       Any officer-incharge of a police-station may, in like manner, arrest or cause to be arrested-
       (a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence ; or
       (b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself ; or
       (c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts of attempts to put persons in fear for injury.

S.56 Procedure when police officer deputes sub-ordinate to arrest without warrant

When any officer-incharge of a police-station or any police officer making an investigation under Chapter XIV requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest, an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

S.57 Refusal to give name and residence

       (1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
       (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before [a Judicial Magistrate having jurisdiction] if so required :
       Provided that if such person is not resident in Jammu and Kashmir State, the bond shall be secured by a surety or sureties resident in Jammu and Kashmir State.
       (3) Should the true name and residence of such

S.58 Pursuit of offenders into other jurisdictions

A police-officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest under this Chapter, pursue such person into any place of Jammu and Kashmir State.

S.59 Arrest by private persons and procedure on such arrest

       Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police officer, or, in the absence of a public officer, take such person or cause him to be taken in custody to the nearest police station.
       (2) If there is reason to believe that such person comes under the provisions of section 54, a police officer shall re-arrest him.
       (3) If there is reasons to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed

S.60 Person arrested to be taken before Magistrate or officer-in-charge of police-station

A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer-in-charge of a police-station.

S.61 Persons arrested not to be detained more than twenty-four hours

No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

S.62 Police to report apprehensions

Officers-in-Charge of police-stations shall report to the District Magistrates, or, if he so directs, to the Sub-Divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons, have been admitted to bail or otherwise.

S.63 Discharge of person apprehended

No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the Special order of [Magistrate having jurisdiction].

S.64 Offence committed in Magistrate's presence

When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

S.65 Arrest by or in presence of Magistrate

       Any Magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

S.66 Power, on escape, to pursue and retake

If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and arrest him in any place in Jammu and Kashmir State.

S.67 Provisions of sections 47, 48 and 49 to apply to arrests under section 66

The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

S.68 Form of summons

       (1) Every summons issued by a Court under this Code shall be in writing, in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time to time, by rule, direct.
       (2) Summons by whom served. - Such summons shall be served by a police-officer, or subject to such rules as the High Court may prescribe in this behalf, by an officer of the Court issuing it or other public servant.

S.69 Summons how served

       (1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
       (2) Signature of receipt for summons. - Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
       (3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Jammu and Kashmir State. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

S.70 Service when person summoned cannot be found

Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family and the person with some the summons is so left shall, if so required by the serving officer, sign a receipt there-for on the back of the other duplicate.

S.71 Procedure when service cannot be effected as before provided

       If service in the manner mentioned in section 69 and 70 cannot by exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or home-stead in which the person summoned ordinarily reside ; and thereupon the summons shall be deemed to have been duly served.

S.72 Service on servant of [Central or State Government]

       (1) Where the person summoned is in the active service of the [Central or State Government], the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed ; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court under his signature with the endorsement required by that section.
       (2) Such signature shall be evidence of due service.

S.73 Service of summons outside local limits

When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be there served.

S.74 Proof of service in such cases and when serving officer not present

       (1) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit purporting to be made before a Magistrate that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall-be deemed to be correct unless and until the contrary is proved.
       (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

S.74(a) Service of summons on witness by post

       (1) Notwithstanding anything contained in the preceding sections of this Chapter a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
       (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons have been duly served.

S.75 Form of warrant of arrest

       (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, [ ] and shall bear the seal of the Court.
       (2) Continuance of warrant of arrest. - Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

S.76 Court may direct security to be taken

       (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
       (2) The endorsement shall state-
       (a) the number of sureties ;
       (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound ; and
       (c) the time at which he is to attend before the Court.
       (3) Recognizance to be forwarded. - Whenever security is taken under thi

S.77 Warrants to whom directed

       (1) A warrant of arrest shall ordinarily be directed to one or more police-officers, but any Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
       Warrants to several persons. - (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by anyone or more, of them.

S.78 Warrant may be directed to land-holders etc.

       [(1) A District Magistrate or a Chief Judicial Magistrate or a Sub-Divisional Magistrate or a Judicial Magistrate of the first class may direct a warrant to any landholder, farmer or manager of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who haS eluded pursuit].
       (2) Such land-holder, farmer or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on, his land or farm, or the laden under his charge.
       (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless secu

S.79 Warrant directed to the police officer

A warrant directed to any police-officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

S.80 Notification of substance of warrant

The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

S.81 Person arrested to be brought before Court without delay

The police officer or other person executing a warrant of arrest shall (subject to the provision of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

S.82 Where warrant may be executed

A warrant of arrest may be executed at any place in Jammu an Kashmir Sate.

S.83 Warrant forwarded for execution outside jurisdiction

       (1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police officer, forward the same by post or otherwise to any Magistrate or District Superintendent of Police within the local limits of whose jurisdiction it is to be executed.
       (2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon, and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.
       [(3) The Court issuing a warrant under sub-section (1) shall forward along with-the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 86 to d

S.84 Warrant directed to police officer for execution outside jurisdiction

       (1) When a warrant directed to a police officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police officer not below the rank of an officer-in-charge of a station within the local limits of whose jurisdiction the warrant is to be executed.
       (2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same within such limits, and the local police shall, if so required, assist such officer in executing such warrant.
       (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within the local limits of whose jurisdiction the

S.85 Procedure on arrest of person against whom warrant issued

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which, issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent

S.86 Procedure by Magistrate before whom person arrested is brought

       (1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court :
       Provided that if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate or District Superintendent, or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security, required by such direction, the Magistrate or District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant :
       [Provided further that if the offence is a non-bailable one, it shall, subject to the provisions of section 497, be lawful for the Chief Judicial Magistrate or where there is no Chief J

S.87 Proclamation for person absconding

       (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a Specified time not less than thirty days from the date of publishing such proclamation.
       (2) The proclamation shall be published as follows :-
       (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides ;
       (b) sit shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village ; and
       (c

S.88 Attachment of property of person absconding

       (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, movable or immovable, or both belonging to the proclaimed person.
       (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate [or Chief Judicial Magistrate] within whose district such property is situate.
       (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
       (a) by seizure ; or
       (b) by the appointment of receiver ; or
       (c

S.89 Restoration of attached property

If, within two years from the date of the attachment, any person whose property is or has been at the disposal of Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.

S.90 Issue of warrant in lieu of or in addition to, summons

       A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person [ ], issue, after recording its reasons in writing, a warrant for his arrest-
       (a) if either before the issue of such summons, or after the issue of the Same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons ; or
       (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

S.91 Power to take bond for appearance

When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.

S.92 Arrest on breach of bond for appearance

When any person who is bound by any bond taken under this Code to appear before a Court, does not so appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

S.93 Provisions of this Chapter generally applicable to summons and warrants of arrest

       The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

S.93(a) Special rules regarding processes in certain cases

       [(1) In this section, the expression 'Internal Court' means any court in the State of Jammu and Kashmir and the expression 'External Court' means any Court in any other part of the territory of India].
       (2) Where an internal Court desires that a summons to or a warrant for the arrest of, an accused person issued by it shall be executed at any place within the local limits of the jurisdiction of an external Court, it may send such summons or warrant in duplicate, by post or otherwise, to the presiding officer of that court to be served or executed; and where any such summons has been so served, the provision of section 74 shall apply in relation to such summons as if the presiding officer of the external Court to whom it is sent were a Magistrate in the territories to which this Court extends.
       (3) Where an internal Court has received for s

S.94 Summons to produce document for other thing

       (1) Whenever any Court, or any officer-in-charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceedings under this Code by or before such Court or officer, such Court may issue a summons, or such officer written order to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
       (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition, if he causes such document or thing to be produced instead of attending personally to produce the same.
       (3) Nothing in this section shall be deemed to affect the Evi

S.95 Procedure as to letters and telegrams

       (1) If any document, parcel or thing in such custody is, in the opinion of any District Magistrate, [Chief Judicial Magistrate] High Court or Court of Session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph authorities as the case may be to deliver such document, parcel or thing to such person as such magistrate or Court directs.
       (2) If any such document parcel or thing is in the opinion of any other Magistrate of District Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such District magistrate, [Chief Judicial Magistrate] or Court.

S.96 When search-warrant may be issued

       (1) Where any Court has reason to believe that a person to whom a summons or order under section 94 or a requisition under section 95, sub-section (1) has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition.
       or where such document or thing is, mot known to the Court to be in the possession of any person.
       or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.
       it may issue a search warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
       (2) Nothing herein contained shall authorise any Magistrate

S.97 Power to restrict warrant

The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

S.98 Search of house suspected to contain stolen property, forged documents, etc.

       If a District Magistrate, [Chief Judicial Magistrate,] Sub-Divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks 'necessary, has reason to believe that any place is used for the deposit or sale of stolen property.
       or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or instruments or materials for counterfeiting coin or stamps or for forging,
       or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for going, are kept or deposit in any place.
       [or if a District Magistrate, [Chief Judicial Magistrate] Sub-Divisional Magistrate upon information and after such inquiry, as he thinks necessary, has reason to

S.99 Disposal of things found in search beyond jurisdiction

When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same any of the things for which search is made, are found, such things together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court in which case the list and things shall be immediately taken before such Magistrate and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

S.99(a) Power to declare certain publications forfeited and to issue search warrants for the same

       (1) Where-
       (a) any newspaper, or book as defined in the Press and Publications Act No. 1 of 1989 ; or
       (b) any document ;
       wherever printed, appears to [the Government] to contain any seditious matter or any matter which promoted or is intended to promote feelings of enmity or hatred between different classes of the State Subjects or which is deliberately and maliciously intended to outrage the religious feelings of any such class, by insulting the religion or the religious beliefs of that class, that is to say, any matter the publication of which is punishable under sections [124-A] 153-A & 295-A of Ranbir Penal Code, [the Government may, by notification in the Government Gazette, stating the grounds of their opinion] declare every copy of the issue of the newspaper containing such matter, and

S.99(b) Application to High Court to set aside order of forfeiture

Any person having any interest in any newspaper, book or other document in respect of which an order of forfeiture has been made under section 99-A, may, within two months from the date of such order on the apply to the High Court to set aside such order on the ground that the newspaper, or the book or other document in respect of which the order was made did not contain any seditious of other matter of such a nature as is referred to in subsection (1) of section 99-A.

S.99(c) Hearing by Special Bench

Every such application shall be. heard and determined by a Special Bench of the High Court composed of three Judges.

S.99(d) Order of Special Bench setting aside forfeiture

       (1) On respect of the application, the Special Bench shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained seditious of other matter of such a nature as referred to in sub-section (1) of section 99-A, set aside the order of forfeiture.
       (2) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

S.99(e) Evidence to prove nature or tendency of newspapers

On the hearing of any such application with reference or any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature of tendency if the words signs or visible representations contained in such newspaper, in respect of which the order of forfeiture was made.

S.99(f) Procedure in High Court

The High Court shall, as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon and until such rules are framed, the practice of the Court in proceedings other than suits and appeals shall apply, so far as may be practicable to such applications.

S.99(g) Jurisdiction barred

No order passed or action taken under section 99-A shall be called in question in any Court otherwise than in accordance with the provisions of section 99-B.

S.100 Search for persons wrongfully confined

If any Magistrate of the first class or Sub-Divisional Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined ; and such search shall be made in accordance therewith and the person, if found, shall be immediately taken before a Magistrate, who shall make such order, as in the circumstances of the case seems proper.

Legal Comments

• Introduction - Section 100 Cr.P.C. concerns access and search in closed places by a police officer; it sets the procedural safeguard for searches and ensures proper production of access to premises under warrant or order. [Source: ]

• Scope - Section 100 governs entries into closed places and the conduct of searches, forming part of the Chapter for search powers; it interacts with sections 154-176 Cr.P.C. governing investigations. [Source: ]

• Essential ingredients - Duty of person in charge to allow search on demand; compliance with lawful warrant or order; strict adherence to procedure to prevent abuse. [Source: ]

• Conjunctive relation - Section 100 works alongside Sections 165-166 Cr.P.C. for procedural conduct during search; non-compliance can constitute irregularity but not necessarily illegality, depending on context. [Source: State of M. P. VS Ramkishan @ Kishan - 2014 0 Supreme(MP) 196; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Sham Lal VS State - 2001 0 Supreme(J&K) 332]

• Prima facie applicability - Use of Section 100 is typically in criminal investigations where premises must be searched; it supports law enforcement while safeguarding rights of those in possession. [Source: ; State of M. P. VS Ramkishan @ Kishan - 2014 0 Supreme(MP) 196]

• Interplay with other provisions - While Section 100 provides the mechanic for searches, provisions like 154-176 (Information to police) and 173 (Charge-sheet) frame how results feed into investigation and charges. [Source: ; Kifayat Hussain Baba VS Nighat Parveen - 2010 0 Supreme(J&K) 542]

• Jurisdictional notes - In cases involving Special Courts and Act-specific tribunals, Court can rely on general Cr.P.C. search provisions unless Act explicitly excludes them; Cr.P.C. remains applicable subject to statutory bar. [Source: Sher Ali VS State of U. P. - 2021 0 Supreme(All) 1180; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Divyang R. Parikh VS State of Gujarat - Crimes (1997)]

• Due process link - If a search is conducted in violation of mandatory procedural requirements, prosecution or proceedings can be challenged as abuse of process, and in some cases the proceedings may be stayed or quashed for fundamental irregularities. [Source: C. Dhanasekran VS T. Senthil Arumugan Food Safety Officer, Chennai District, Velachery - 2021 0 Supreme(Mad) 2715; P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 55]

• Relation to quashing powers - Section 482 Cr.P.C. can be invoked to quash proceedings where Section 100-initiated searches or investigations violate mandatory procedural rules; high court ensures compliance with procedure. [Source: GAGAN BEHERA VS STATE OF ORISSA - 2001 0 Supreme(Ori) 224; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10]

• Comparative principle - Several judgments emphasize that procedural irregularities under search provisions, if not fatal to the case, may be cured unless they cause material prejudice; however, in some instances illegality cannot be cured. [Source: Hari Ram VS Emperor - 1933 0 Supreme(Lah) 72; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Emperor VS Mathuri - 1935 0 Supreme(All) 247]

• Specificity of orders - An order under Section 100 must specify place, grounds, and description of property; failure to do so can render proceedings defective and susceptible to challenge. [Source: Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10]

• Absence of mandatory bar - There is no broad rule that Section 100 is inapplicable where other statutes exist; the general rule of Cr.P.C. applies unless the statute excludes it. [Source: LIYAKAT MAHMAD CIRCLE VS STERLING SEZ AND INFRASTRUCTURE LIMITED - 2013 0 Supreme(Guj) 407; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Sher Ali VS State of U. P. - 2021 0 Supreme(All) 1180]

• Intersections with confidentiality - When searches occur in sensitive contexts (e.g., anti-corruption or SC/ST Act proceedings), the court may examine whether the search procedure aligned with statutory safeguards; non-compliance can be grounds for quashing. [Source: Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Gyanendra Maurya @ Gullu VS Union of India Thru. Secy. Ministry Social Justice and Empowerment - Crimes (2023); Abhishek Singh VS State of U. P. - 2023 0 Supreme(All) 776]

• Evidence handling - The admissibility and manner of recording information obtained via search influence subsequent evidence; improper search can lead to suppression or exclusion of seized material. [Source: Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; Thol. Thirumavalavan VS N. Murugumaran - 2020 0 Supreme(Mad) 3]

• Abuses and remedies - Courts have repeatedly cautioned against abuse of search powers; misuse can trigger inherent jurisdiction remedies or quashing of proceedings, particularly where due process is violated. [Source: C. Dhanasekran VS T. Senthil Arumugan Food Safety Officer, Chennai District, Velachery - 2021 0 Supreme(Mad) 2715; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; UMESH CH. MANSINGH VS STATE OF ORISSA - 2001 0 Supreme(Ori) 533]

• Role of Magistrate and police - Magistrates are required to ensure form and procedure in Section 100 searches; police must comply with statutory requirements; non-compliance may be cured in some contexts but not always. [Source: Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10; State of M. P. VS Ramkishan @ Kishan - 2014 0 Supreme(MP) 196]

• Practical consequence - Where search procedures are properly followed under Section 100, the evidence obtained may form the basis for charge and trial; deviations risk dismissal or reversal of proceedings. [Source: LIYAKAT MAHMAD CIRCLE VS STERLING SEZ AND INFRASTRUCTURE LIMITED - 2013 0 Supreme(Guj) 407; Ali Mohd. Tantry VS State - 2002 0 Supreme(J&K) 10]

• Cumulative impact - Section 100 serves as a checkpoint to protect civil liberties while enabling enforcement; its meticulous application influences the trajectory of investigations and potential appellate review. [Source: ; LIYAKAT MAHMAD CIRCLE VS STERLING SEZ AND INFRASTRUCTURE LIMITED - 2013 0 Supreme(Guj) 407]

• Final takeaway - In Jammu and Kashmir and other jurisdictions, Section 100 remains a foundational search provision; challenges to its application surface in contexts of misjoinder, improper framing of charges, or where mandatory procedural safeguards are not observed. [Source: Gurdev Singh VS Daljit Kour - 2002 0 Supreme(J&K) 75; State of M. P. VS Ramkishan @ Kishan - 2014 0 Supreme(MP) 196; GAGAN BEHERA VS STATE OF ORISSA - 2001 0 Supreme(Ori) 224]

S.101 Direction, etc., of search-warrants

The provisions of sections 43, 75, 77, 79, 82, 83 and 84 shall, so far as may be, apply to all search-warrants issued under section 96, section 98, section 99-A or section 100.

S.102 Persons in charge of closed place to allow search

       (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in or being in charge of, such place shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
       (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by section 48.
       (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions of section 52 shall be observed.

S.103 Search to be made in presence of witnesses

       (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do.
       (2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses ; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
       Occupant of place searched may attend. - (3) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitte

S.104 Power to impound document, etc., produced

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

S.105 Magistrate may direct search in his presence

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

S.106 Security for keeping the peace on conviction

       (1) Whenever any person accused of any offence punishable under Chapter VIII of the Ranbir Panel Code, other than an offence punishable under section 143, section 149, section 153-A or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before the High Court, Court of Session, [Court of Chief Judicial Magistrate] or any other[Judicial Magistrate] of the first class.
       and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace.
       such Court may, at the time of passing sentence on such person, order him to execute a bond for a such proportionate to his means with or without sureties for keeping the peace during such period, not exceeding three yea

S.107 Security for keeping the peace in other cases

       (1) Whenever a District Magistrate, Sub-Divisional Magistrate or [Executive Magistrate of the first class] is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do not any wrongful act that may probably occasional a breach of the peace, or disturb tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may in manner hereinafter provided. Such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.
       [(2) Proceeding under this section may be taken before any Magistrate empowered to proceed under sub-section (1) when either the place where the breach of the peace or disturbance is apprehended is within the local limits of such Magistrate's jurisdiction or there

S.108 Security for good behaviour from persons disseminating seditious matter

       Whenever a District Magistrate or [Executive, Magistrate of the first class] specially empowered by the [Government] in this behalf, has information that there is within the limits of his jurisdiction any person who, within or without such limits either orally or in writing, or in any other manner intentionally disseminates or attempts to disseminate or in any way abets the dissemination of,-
       (a) any seditious matter, that is to say, any matter the publication of which is punishable under section 124-A of the Ranbir Penal Code ; or
       (b) any matter the publication of which is punishable under section 153-A of the Ranbir Penal Code ; or
       (c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Ranbir Penal Code ;
       

S.108(a) .

Omitted

S.109 Security for good behaviour from Suspected persons

Wherever a District Magistrate, Sub-Divisional Magistrate or Executive Magistrate of the First Class receives information that there is within the local jurisdiction of such Magistrate a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, such Magistrate may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

S.110 Security for good behaviour from habitual offenders

       Whenever a District Magistrate or Sub-Divisional Magistrate or an[Executive Magistrate of the first class] specially empowered in this behalf by the [Government] receives information that any person within the local limits of his jurisdiction-
       (a) is by habit a robber, house-breaker, thief or forger, or
       (b) is by habit a receiver of stolen property knowing the same to have been stolen, or
       (c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or
       [(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Ranbir Penal Code, or under section 489-A, section 489- B, Sect

S.111 .

Omitted

S.112 Order to be made

When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

S.113 Procedure in respect of person present in Court

If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if so desires, the substance thereof shall be explained to him.

S.114 Summons or warrant in case of person not so present

       If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to bring him before the Court :
       Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

S.115 Copy of order under section 112 to accompany summons or warrant

Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under the same.

S.116 Power to dispense with personal attendance

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.

S.117 Inquiry as to truth of information

       (1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of a summon or warrant issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take, and to take such further evidence as may appear necessary.
       [(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in summons cases].
       (3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any

S.118 Order to give security

       If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly :
       Provided-
       first, that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made wider section 112 ;
       secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive :
       thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

S.119 Discharge of person informed against

If on an inquiry under section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody, shall discharge him.

S.120 Commencement of period for which security is required

       (1) If any person in respect of whom an order, requiring security is made under section 106 or section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
       (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

S.121 Contents of bond

The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed is a breach of the bond.

S.122 Power to reject sureties

       (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond\:
       Provided that before so refusing to accept or rejecting any such surety shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.
       (2) Such Magistrate shall, before holding inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced before him.
       (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or

S.123 Imprisonment in default of security

       (1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.
       Proceedings when to be laid before Court of Session. - (2) When such persons has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security, as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge; and the proceedings shall be laid, as soon as conveniently may be, before such Court.
&

S.124 Power to release persons imprisoned for failing to give security

       (1) Whenever the District Magistrate [or Chief Judicial Magistrate] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
       (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the District Magistrate [or Chief Judicial Magistrate] may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
       (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts :
       Provided that any condition imposed

S.125 Power of District Magistrate to cancel any bond for keeping the peace or good behaviour

(1) The District Magistrate [or Chief Judicial Magistrate] may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district not superior to his Court.

S.126 Discharge of sureties

       (1) Any surety for the peaceable conduct for good behaviour of another person may at any time apply [to the Court by which an order was made to give security] to cancel any bond executed under this Chapter within the local limits of his jurisdiction.
       [(2) On such application being made, the Court shall issue summons or warrant, as it may think fit, requiring the person for whom such surety is bound to appear or to be brought before it].

S.126(a) Security for unexpired period of bond

       When a person for whose appearance a warrant or summons has been issued under the proviso to subsection (3) of section 122 or under section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every Such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be.

S.127 Assembly to disperse on command of Magistrate or police officer

       (1) Any [Executive Magistrate] or officer incharge of a police station may command any unlawful assembly, of five or more persons likely to cause a disturbances of the public peace, to disperse ; and thereupon be the duty of the members of such assembly to disperse accordingly.
       (2) Omitted.

S.128 Use of civil force to disperse

If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any [Executive Magistrate] or officer-in-charge of a police station may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or soldier in [the Army] for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form Part of it, in order to disperse such assembly or that they may be punished according to law.

S.129 Use of military force

       If any such assembly cannot be otherwise, dispersed, and if it is necessary for the public security that it should be dispersed, the [Executive Magistrate] of the highest rank who is present may cause it to be dispersed by military force :
       Provided that the sanction of [the Government] shall be obtained within reasonable time for that said purpose when practicable.

S.130 Duty of officer commanding troops required by Magistrate to disperse assembly

       When an [Executive Magistrate]determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any soldiers in [the Army] to disperse such assembly by military force, and to arrest and confined such persons forming part of it as the [Executive Magistrate] may direct as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
       (2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

S.131 Power of commissioned military officer to disperse assembly

When the public security is manifestly endangered by any such assembly, and when no [Executive Magistrate] can be communicated with, any commissioned officer of [the Army] may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly, or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an [Executive Magistrate] he shall do so; and shall thenceforward obey the instructions of the Magistrate as to whether he shall or shall not continue such action.

S.132 Protection against prosecution for act done under this Chapter

       No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of [the Government] ; and
       (a) no [Executive Magistrate] or police officer acting under this Chapter in good faith ;
       (b) no officer acting under section 131 in good faith ;
       (c) no person doing any act in good faith in compliance with a requisition under section 128 or section 130 ; and
       (d) no inferior officer, or soldier, doing any act in obedience to any order which he was bound to obey ;
       shall be deemed to have thereby committed an offence.
       [Explanation. - For purposes of this Chapter expression 'Army' where

S.133 Conditional order for removal of nuisance

       (1) Whenever a District Magistrate, a Sub-Divisional Magistrate or an [Executive Magistrate] of the first class considers, on receiving a police report or other information and on taking such evidence (if any) as he thinks fit ;
       that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place ; or
       that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated ; or that the construction of any building or the disposal of any substance, as likely to occasion conflagration or explosion, should

S.134 Service or notification of order

       (1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service of a summons.
       (2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the [Government] may by rule direct and a copy thereof shall be struck up at such place or places as may be fittest for conveying the information to such person.

S.135 Persons to whom order is addressed to obey, or show cause [x x x x]

       The person against whom such order is made shall-
       (a) perform, within the time and in the manner specified in the order, the act directed thereby; or.
       [(b) appear in accordance with such order and show cause against the same.]

S.136 Consequence of his failing to do so

If such person does not perform such act or appear and show cause [x x x], he shall be liable to the penalty prescribed in that behalf in section 188 of the Ranbir Penal Code, and the order shall be made absolute.

S.137 Procedure where he appears to show cause

       (1) If he appears and show cause against the order, the Magistrate shall take evidence in the matter as a summons case.
       (2) If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case.
       (3) If the Magistrate is not so satisfied, the order shall be made absolute.

S.138 .

Omitted

S.139 .

Omitted

S.139(a) Procedure where existence of public right is denied

       (1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 137 [x x x] inquire into the matter.
       (2) If such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings, until the matter of the existence of such right has been decided by a competent civil Court ; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 [x x x].
       (3) A person who has,

S.140 Procedure on order being made absolute

       (1) When an order has been made absolute under [section 136 or section 137 ;] the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Ranbir Penal Code.
       Consequences of disobedience to order. - (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without the local limits of such Magistrate's jurisdiction. If such other property is without such limits, the order shall authorise

S.141 .

Omitted

S.142 Injunction pending inquiry

       If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent such danger or injury of a serious kind to the public, he may, [ x x x ] issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
       (2) In fault of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
       (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

S.143 Magistrate may prohibit repetition or continuance of public nuisance

A District Magistrate or Sub-Divisional Magistrate or[any other Executive Magistrate] empowered by the [Government] in this behalf may order any person not to repeat or continue a public nuisance as defined in the Ranbir Penal Code or any special or local law.

S.144 Power to issue order [xxx] in urgent case of nuisance or apprehended danger

       (1) In cases where, in the opinion of a District Magistrate, a Sub-Divisional Magistrate, or of any other [Executive Magistrate] specially empowered by the [Government] to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in [the] manner provided by section 134, direct any person to abstain from a certain act or [to take certain order with respect to certain property] in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury,[x x x] to any person lawfully employed, or danger to human life health or safety, or a disturbance of the public tranquillity, or a riot, or an affray
       (2) An order under thi

S.145 Procedure where dispute concerning land, etc. is likely to cause breach of peace

       (1) Whenever a [Chief Judicial Magistrate, or any other Judicial Magistrate of the first class] is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute [and further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims] :
       [Provided that where the dispute likely to cause a breach

S.146 Power to attach subject of dispute

       [(1) If the Magistrate is of opinion that one of the parties was then in such possession, or is unable to decide as to which of them was then in such possession, of the subject of dispute, he may attach it, and draw up a statement of the facts of the case and forward the record of the proceeding to a Civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute at the date of the order as explained in sub-section (4), of section 145; and he shall direct the parties to appear before the Civil Court on a date to be fixed by him :
       Provided that [ ] the Magistrate who has attached the subject of dispute may withdraw the attachment at any time, if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.
      

S.147 Disputes concerning rights of use of immovable property

       (1) Whenever any [Chief Judicial Magistrate, or any other Judicial Magistrate of the first class] is satisfied, from a police report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter [in the manner hereinafter provided] :
       [Provided that where the dispute likely to cause a breach of peace concerns any land as defined in the [Ja

S.148 Local inquiry

       (1) Whenever a local inquiry is necessary for the purposes of this Chapter, any District Magistrate or [Chief Judicial Magistrate] may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
       (2) The report of the person so deputed may be read as evidence in the case.
       (3) Order as to costs. - When any costs have been incurred by any party to a proceeding under this Chapter, the Magistrate passing a decision under section 145, section 146 or section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding and wh

S.149 Police to prevent cognizable offences

Every police officer may interpose for the purpose of preventing, and shall, to the be$t of his ability, prevent, the commission of any cognizable offence.

S.150 Information of design to commit such offences

Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or to take cognizable of the commission of any such offence.

S.151 Arrest to prevent such offences

A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

S.152 Prevention of injury to public property

A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable, or immovable, or the removal or injury of any public landmark or other mark used for navigation.

S.153 Inspection of weights and measures

       Any officer-in-charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
       (2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

S.154 Information in cognizable cases

       [(1) Every information relating to the commission of a cognizable offence if given orally to an officer-in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant ; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as [the Government]may prescribe in this behalf] .
       [(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant against a proper receipt.
       (3) Any person aggrieved by a refusal on the part of an officer-in-charge of a Police Station to record the information referred to in sub-section (1) may deliver personally or cause to be delivere

S.155 Information in non-cognizable cases

       (1) When information is given to an officer-in-charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informat to the Magistrate [having power to try such case or commit the same for trial.].
       (2) Investigation into non-cognizable cases. - No police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case or commit the same for trial.
       (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer-in-charge of a police station may exercise in a cognizable case.

S.156 Investigation into cognizable cases

       (1) Any officer-in-charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the local limits of such station would' have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
       (2) No proceeding of police officer in any such case shall at any stage be called in question on the ground thht the case was one which such officer was not empowered under this section to investigate.
       (3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

S.157 Procedure where cognizable offence suspected

       (1) If from information received or otherwise an officer-in-charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person or shall depute one of his subordinate officers not being below such rank as [the Government] may by general or special order prescribe in this behalf to proceed the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender.
       Provided as follows :
       Where local investigation dispensed with. - (a) When any information as to the commission of any such offence is given against any person by name and the case in not of

S.158 Reports under section 157 how submitted

       (1) Every report sent to a Magistrate under section 157 shall, if [the Government]so directs be submitted through such superior officer of police as [the Government] by general or special order appoints in that behalf.
       (2) Such superior officer may give such instructions to the officer-incharge of the police station as he thinks fit and shall, after recording such instructions on such report transmit the same without delay to the Magistrate.

S.159 Power to hold investigation or preliminary inquiry

Such Magistrate, on receiving such report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code.

S.160 Police officer's power to require attendance of witnesses

       [(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise appears to be acquainted with the circumstances of the case ; and such person shall attend as so required]:
       [Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides]
       [(2) The Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.]

S.161 Examination of witnesses by police

       (1) Any police officer making an investigation under this Chapter or any police officer not below such rank as [the Government] may by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
       (2) Such person shall be bound to answer all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
       [(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so, he shall make a separate record of the statement, of each such person whose statement he records] :

S.162 XXX

       ["(1) The statement made by any person to a police officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it and a copy of the statement as recorded shall be given forthwith free of cost by the police officer to the person who made the statement, under acknowledgement.]
       (1-A) Every statement referred to in sub-section (1) shall contain the date, time and place as to when and where the statement was recorded and shall, subject to the provisions of sub-section (3) of section 173, be forthwith forwarded by the officer in-charge of the police station to the Magistrate empowered to take cognizance of the offence upon a police report.
       (1-B) Any statement referred to in sub-section (I) or any record thereof, whether in a police diary or otherwise, or any part of such statement

S.163 No inducement to be offered

       (1) No police officer or other person in authority shall offer or make, or cause to be offered or made any such inducement, threat or promise as is mentioned in the Evidence Act, 1977, section 24.
       (2) But no police officer or other person shall prevent by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free-will.

S.164 Power to record statements and confessions

       [Any Judicial Magistrate of the first class or any Judicial Magistrate of the second class specially empowered in this behalf by the High Court] may, if he is not a police officer, record any statement or confession made to him in the course of an investigation under this Chapter [or under any other law for the time being in force] or at any time afterwards before the commencement of the inquiry or trial.
       (2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion, best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried.
       (3) A Magistrate shall, before recording any such c

S.164(a) Evidence of material witnesses to be recorded by Magistrate in certain cases

       (1) Any police officer not below the rank of Sub-Inspector, making an investigation of any offence punishable with death or imprisonment for seven years or' more, shall, in the course of such investigation, produce all persons whose statement appears to him to be material and essential for proper investigation of the case, to the nearest Judicial Magistrate for recording their statements.
       (2) Subject to the provisions of sub-section (3), the Magistrate shall record the statements of such persons produced before him under sub-section (1) on oath and shall forward such statements so recorded to the Magistrate by whom the case is to be inquired into or tried.
       (3) The Magistrate shall, before recording any statement of a person under sub-section (2), satisfy himself that such person is making the statement voluntarily and not under any induc

S.165 Search by police officer

       (1) Whenever an officer-in-charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
       (2) A police officer proceeding under sub-section (1) shall, if practicable, conduct the search in person.
       (3) If he is unable to

S.166 When officer-in-charge of police station may require another to issue search warrants

       (1) An officer-in-charge of a police station or a police officer not being below the rank of sub-inspector making an, investigation may require an officer-in-charge of another police station whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.
       (2) Such officer, on being so required shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made.
       (3) Whenever there is reason to believe that the delay occasioned by requiring an officer-in-charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed,

S.167 Procedure when investigation cannot be completed in twenty-four hours

       (1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 61, and there are grounds for believing that the accusation or information is well founded, the officer-in-charge of the police station or the police officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the [nearest, Executive or Judicial Magistrate] a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
       (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fi

S.168 Report of investigation by subordinate police officer

When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer-in-charge of the police station.

S.169 Release of accused when evidence deficient

If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police station or to the police officer making the investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report and to try the accused or commit him for trial.

S.170 Case to be sent to Magistrate when evidence is sufficient

       (1) If, upon an investigation under this Chapter it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody of a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance from day to day before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
       (2) When the officer-in-charge of a police station forward an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce bef

S.171 Complainants and witnesses not to be required to accompany police officer

       No complainant or witness on his way to the Court of the Magistrate shall be required to accompany a police officer.
       Complainants and witness not to be subject to restraint. - Or shall be subjected to unnecessary restraint or inconvenience or required to give any security for his appearance other than his own bond.
       Recusant complainant or witness may be forwarded in custody. - Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer-in-charge if the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

S.172 Diary of proceeding in investigation

       (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and statement or the circumstances, ascertained thorough his investigation.
       (2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agent shall be entitled to call for such diaries, nor shall he or they be entitled to' see them merely because they are referred to by the Court ; but, if they are used by the police officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such polic

S.173 Report of police officer on completion of investigation

       (1) Every investigation under this Chapter shall be completed without unnecessary delay:
       [Provided that investigation into offences under sections 152, 153-A, 295, 295-A, 296, 297, 298, 435, 436 and 505 of the State Ranbir Penal Code shall be completed within two weeks, and if the investigation is not so completed the investigating officer shall report the causes of the delay to the District Superintendent of Police who shall issue necessary instructions for completion of the investigation].
       (2) (i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the Government stating-
       (a) the names of the parties ;
      &nbs

S.174 Police to enquire and report on suicide etc

       (1) The officer-incharge of a police station or some other police officer specially empowered by the [Government] in that behalf, on receiving information that a person-
       (a) has committed suicide ; or
       (b) has been killed by another, or by an animal, or by machinery, or by an accident ; or
       (c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence, shall immediately give intimation thereof to the nearest magistrate empowered to hold inquests, and, unless otherwise directed by any rule-prescribed by the [Government] or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbo

S.175 Power to summon person

       (1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquitted with the facts of the case. Every person so summoned shall be found to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture.
       (2) If the facts do not disclose a cognizable offence to which section 170 applies such persons shall not be required by the police officer to attend a Magistrate's Court.

S.176 Inquiry by Magistrates into cause of death

       (1) [When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of such section (3) of section 174] the nearest Magistrate empowered to hold inquests shall, and, in any other case mentioned in section 174 clauses (a), (b) an (c) of sub-section (1), any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer ; and, if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case.
       Power to disinter corpses. - (2) Whenever such Magistrate considers it expedient to make an examinat

S.177 Ordinary place of inquiry and trial

Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

S.178 Power to order cases to be tried in different sessions divisions

       Notwithstanding anything contained in section 177, [the Government] may direct that any case or class of cases committed for trial in any district may be tried in any sessions division :
       Provided that such direction, is not repugnant to any direction previously issued by the High Court under its constitution or under rules framed thereunder, or under this code, section 526.

S.179 Accused triable in district where act is done or where consequence ensues

       When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued.
       Illustrations.
       (a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court. The offence of the culpable homicide of A may be inquired into or tried either by X or Z.
       (b) A is wounded within the local limits of the jurisdiction of Court X and is, during ten days within the local limits of the jurisdiction of Court Y, and during ten days more within the local limits of the jurisdiction of Court Z, unable in the limits o

S.180 Place of trial where act is offence by reason of relation to other offence

       When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a Court within the local limit of whose jurisdiction either act was done.
       Illustrations.
       (a) A charge of a abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the local limits of whose jurisdiction the Offence abetted was committed.
       (b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limits of whose jurisdiction the goods were stolen, or by any Court within the local limits of whose

S.181 Being a thug or belonging to a gang of dacoits, escape from custody, etc

       (1) The offence of being a thug, of being a thug and committing murder, of dacoity, with murder, of having belong to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.
       Criminal misappropriation and criminal breach of trust. - (2) The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property, which is the subject of the offence, was received or retained by the accused person, or the offence was committed.
       Theft. - (3) The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local limits of whose jurisdiction such offen

S.182 Place of inquiry or trial where scene of offence is uncertain or not in one district only ; or where offence is continuing, or consists of several acts

       When it is uncertain in which of serval local areas an offence was committed, or where an offence is committed partly in one local area and partly in another ; or where an offence is a continuing one ; and continues to be committed in more local areas than one ; or where it consists of several acts done in different local areas ;
       it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

S.183 Offence committed on a journey

An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.

S.184 .

Omitted

S.185 High Court to decide, in case of doubt, district where inquiry or trial shall take place

Whenever a question arises as to which of two or more Courts subordinate to the High Court ought to inquire into or try any offence, it shall be decided by the High Court.

S.186 Power to issue summons or warrant for offence committed beyond local jurisdiction

       (1) When [a District Magistrate, or Chief Judicial Magistrate, a Sub-Divisional Magistrate, or, if he is specially empowered in this behalf by the Government, or the High Court, as the case may be, an Executive or Judicial Magistrate of the first class,] sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without Jammu and Kashmir State) an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable Magistrates Procedure on arrest in Jammu and Kashmir State, such Magistrate may inquire into the offence as it is had been committed within such local limits, and compel such person in manner hereinbefore provided to appear before him, and send such person to the Magistra

S.187 Procedure where want issued by subordinate Magistrate

       (1) If the person has been arrested under a warrant issued under section 186 by a Magistrate other than [a District Magistrate, or, a Chief Judicial Magistrate, such Magistrate shall send the person arrested to the District or Sub-Divisional Magistrate, or, as the case may be, to the Chief Judicial Magistrate] to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued.
       (2) If the offence which the person arrested is alleged or suspected to have committed is one which may be inquired into or tried by any criminal Court in the same district other than that of the Magistrate acting under section 186, such Magistrate shall send s

S.188 Liability of *State Subject for offences committed out of State

       When a State Subject or State-servant (whether a State Subject or not) commits an offence as mentioned in the Appendix to the **Jammu and Kashmir State Extradition Rules No. IV of 1976 at any place without and beyond the limits of the State, he may be dealt with in respect of such offence as if it had been committed at any place within the State at which he may be found :
       Provided that no charge as to any such offence shall be inquired into in the State where a demand for extradition has been received and unless the sanction of [the Government] is obtained :
       Provided also that any proceeding taken against any person under this section which would be a bar to any subsequent proceedings against such person for the same offence if such offence had been committed in the State shall be a bar to further proceeding against him under the State E

S.190 Cognizance of offence by Magistrates

       (1) Except as hereinafter provided, [any Chief Judicial Magistrate and, any other Judicial Magistrate] specially empowered in this behalf, may take cognizance of any offence-
       (a) upon receiving a complaint of facts which constitute such offence ;
       (b) upon a report in writing of such facts made by any police officer ;
       (c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed.
       (2) The [High Court may empower any Judicial Magistrate] to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trail.
       (3) The [High Court may empower any Judicial Magistrate] of the

S.191 Transfer or commitment on application of accused

When a Magistrate takes cognizance of an offence under sub-section (1), clause (c), of the preceding section, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Court and if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate, be committed to the Court of Session or transferred to another Magistrate.

S.192 Transfer of cases by Magistrates

       (1) [Any Chief Judicial Magistrate] may transfer any case, of which he has taken cognizance, for inquiry or trial, to any Magistrate subordinate to him.
       (2) [Any Chief Judicial Magistrate may empower any Judicial Magistrate] of the first class who has taken cognizance of any case to transfer it for inquiry or trial to any other specified Magistrate in his district who is competent under this Code to try the accused or commit him for trial ; and such Magistrate may dispose of the case accordingly.

S.193 Cognizance of offences by Courts of Session

       (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall taken cognizance of any offence as a Court of original jurisdiction unless the accused has been committed to it by a Magistrate duly empowered in that behalf.
       (2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as [the High Court] by general or special order may direct: them to try, or, as the Sessions Judges of the division, by general or special order, may make over to them for trial.

S.194 .

Omitted

S.195 .

       (1) No Court shall take cognizance-
       (a) Prosecution for contempt of lawful authority of public servants. - Of any offence punishable under sections 172 to 188 of the Ranbir Penal Code, except on a complaint in writing of public servant concerned, or of some other public servant to whom he is subordinate ;
       (b) Prosecution for certain offences against public justice. - Of any offence punishable under any of the following sections of the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228 when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court [except on the complaint in writing of that court or by such officer of the court as that court may authorise in writing in this behalf, or of some other court to which that court is subordinate."]
 

S.196 Prosecution for offences against the State

No Court shall take cognizance of any offence punishable under Chapter VI or IX-A of the Ranbir Penal Code except section 127, [and section 171-F, so far as it relates to the offence of personation], or punishable under section 108-A, or section 153-A, or section 294-A, [or section 295-A] or section 505 of the Ranbir Penal Code, unless upon made by order of, or under authority from [the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf],

S.196(a) Prosecution for certain classes of criminal conspiracy

       No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120-B of the Ranbir Penal Code,-
       (1) in a case where the object of the conspiracy ism to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence, to which the provisions of section 196 apply, unless upon complaint made by order of, or under authority from [the Government] or some officer empowered by [the-Government] in this behalf, or
       (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, life imprisonment or rigorous imprisonment for a term of two years or upwards, unless [the Government], or District Magistrate empowered in this behalf by [the Government] has, by order in writing, consented to the initiation of the

S.196(b) Preliminary inquiry in certain cases

       In the case of any offence in respect of which the provisions of section 196 or section 196-A apply, a District Magistrate may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have powers referred to in section 155, sub-section (3).

S.197 Prosecution of Judges and public servants

       (1) When any person who is Judge within the meaning of section 19 of the Ranbir Penal Code or when any Magistrate, or when any public Servant who is not removable from his office save by or with the sanction of the State Government or the Government of India, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties, no Court shall take cognizance of such offence except with the previous sanction-
       (a) in the case of persons employed in connection with the affairs of the Union, of the Government of India ; and
       (b) in the case of persons employed in connection with the affairs of the State, of the Government.
       (2) The Government of India or the State Government, as the case may be, may determine the person by whom, th

S.197(a) Prosecution of Rulers of former Indian States

       (1) in this section-
       (a) "former Indian State" means any such Indian State as the Government of India may, by notification in the official Gazette, specify for the purposes of this section ;
       "Ruler" in relation to a former Indian State, means the person who for the time being is recognised by the President as the Ruler of that State for the purposes of the Constitution of India.
       (2) No Court shall take cognizance of any offence alleged to have been committed by the Ruler of a former Indian State except with the previous sanction of the Government of India.
       (3) The provisions of sub-section (2) of section 197 shall apply in relation to the prosecution and trial of the Ruler of a former Indian State as they apply in relation to the prosecution and tri

S.198 Prosecution for breach of contract, defamation and offences against marriage

       No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Ranbir Penal Code, or under sections 493 to 496 (both inclusive) of the same. Code, except upon a complaint made by some person aggrieved by such offence :
       Provided that where the person so aggrieved is a woman who, according to the customs and manners of the country, ought not to be compelled to appear in public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other per.son may, with the leave of the Court, make a complaint on his or her behalf:
       [Provided further that where the husband aggrieved by an offence under section 494 of the said Code is serving in any of [the Armed Forces of Indian Union] [X X X] under conditions which are certified by

S.198(a) Prosecution for offence of marital misbehaviour

       No Court shall take cognizance of an offence under section 376 of the Ranbir Penal Code, where such offence consists of sexual intercourse by a man with his own wife, the wife being under fourteen years of age, if more than one year has elapsed from the date of the commission of the offence].

S.198(b) Prosecution for defamation against public servants in respect of their conduct in the discharge of public functions

       (1) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of the Ranbir Penal Code, 1989 [* * *]is alleged to have been committed against the President or the Vice-President [or the Governor of the State, or of any other State in India] or a Minister, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence without the accused being committed to it for trial, upon a complaint in writing made by the Public Prosecutor.
       (2) Every such complaint shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.
  &nb

S.198(c) Prosecution of offences under section 498-A of the State Ranbir Penal Code

No Court shall take cognizance of an offence punishable under section 498-A of the Ranbir Penal Code, Samvat 1989, except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's, brother or sister or with the leave of the Court, any other person related to her by blood, marriage or option].

S.199 Prosecution for adultery or enticing a married woman

       No Court shall take cognizance of an offence under section 497 or section 498 of the Ranbir Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, made, with the leave of the Court, by some person who had care of such woman on his behalf at the time when such offence was committed :
       Provided that where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his behalf :
       [Provided further that where such husband is serving in any of [the Armed Forces of Indian Union] [X X X] under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, and where for any reason

S.199(a) Objection by lawful guardian to complaint by person other than person aggrieved

When in any case falling under section 198 or section 199, the person on whose behalf the complaint is sought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared by competent authority to be the guardian of the person of the said minor or lunatic and the Court is satisfied that there is a guardian so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application, give him a reasonable opportunity of objecting to the granting thereof.

S.199(b) Form of authorisation under second proviso to section 198 or 199

       (1) The authorisation of a husband given to another person to make a complaint on his behalf under the second proviso to section 198 or the second proviso to section 199 shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by the officer referred to in the said provisos and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.
       (2) Any document purporting to be such an authorisation and complying with the provisions of sub-section (1), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genui

S.200 Examination of complainant

       A Magistrate taking cognizance of an offence on complaint shall at once [examine the complainant and the witnesses present, if any upon oath and the substance of the examination shall be reduced to writing and shall be signed by the complainant and the witnesses] and also by the Magistrate :
       Provided as follows-
       (a) when the complaint is made in writing, nothing herein contained shall be deemed to require a Magistrate to examine the complainant before transferring the case under section 192 ;
       (b) when the complaint is made in writing, nothing herein contained shall be deemed to require the examination of a complainant in any case in which the complaint has been made by a Court or by a pubic servant acting or purporting to act in the discharge of his official duties ;
    

S.201 Procedure by Magistrate not competent to take cognizance of the case

       (1) If the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case he shall return the complaint for presentation to the proper Court with an endorsement to that effect.
       (2) If the complaint has not been made in writing such Magistrate shall direct the complainant to the proper Court.

S.202 Postponement for issue of process

       (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself, or, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a police officer, or by such other person as he thinks fit for the purpose of ascertaining the truth or falsehood of the complaint :
       [Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of section 200].
       (2) If any inquiry or investigation under this section is made by a person not being a M

S.203 Dismissal of complaint

       The Magistrate before whom a complaint is made or to whom it has been transferred, may dismiss the complaint, if, after considering the statement on oath (if any), of the complainant [and the witnesses] and the result of the investigation 01 inquiry, (if any), under section 202, there is in his judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing.

S.204 Issue of process

       (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be one in which, according to the forth column of the Second Schedule, a summons should issue in the first instance, he shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has not jurisdiction himself) some other Magistrate having jurisdiction.
       [(1-a) No summon or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.]
       (1-b) In a proceeding instituted upon a comp

S.205 Magistrate may dispense with personal attendance of accused

       (1) Whenever a Magistrate issue a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader.
       (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.

S.205(a) Special summons in case of petty offence

       (1) If, in the opinion of a Magistrate taking cognizance of petty offence, the case may be summarily disposed of under section 260, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader to authorise, in writing, t .c pleader to plead guilty to the charge on his behalf and to pay the fine tl rough such pleader :
       Provided that the amount of the fine specified in such summons shall n

S.205(b) Supply to the accused of copy of police report and other documents

       In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following :-
       (i) the police report ;
       (ii) the first information report recorded under section 154 ;
       (iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173 ;
       (iv) the confessions and statements, if any, recorded under section 164 ;
       (v) any other document or relevant extract thereof forwarded to the Magistrate

S.205(c) Supply of copies of statements and documents to accused in other cases triable by Court of Session

       Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following :-
       (i) the statements recorded under section 200 or section 202, of all persons examined by the Magistrate ;
       (ii) the statements and confessions, if any, recorded under section 161 or section 164 ;
       (iii) any document produced before the Magistrate on which the prosecution proposes to rely:
       Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only

S.205(d) Commitment of case to Court of Sessions when offence is triable exclusively by it

       When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall-
       (a) commit the case to the Court of Session ;
       (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial ;
       (c) send to that court the record of the case and the documents and articles, if any, which are to be produced in evidence ;
       (d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

S.205(e) Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

       (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
       (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
 

S.206 .

Omitted

S.207 .

Omitted

S.208 .

Omitted

S.209 .

Omitted

S.210 .

Omitted

S.211 .

Omitted

S.212 .

Omitted

S.213 .

Omitted

S.214 .

Omitted

S.215 .

Omitted

S.216 .

Omitted

S.217 .

Omitted

S.218 .

Omitted

S.219 .

Omitted

S.220 .

Omitted

S.221 Charge to state offence

       (1) Every charge under this Code shall state the offence with which the accused is charged.
       Specific name of offence sufficient description. - (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
       How stated where offence has no specific name. - (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
       (4) The law and the section of the law against which the offence is said to have been committed shall be mentioned in the charge.
       What implied in charge. - (5) The fact that the charge is made is equivalent to a statement that every

S.222 Particulars as to time, place and person

       (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
       (2) When the accused is charged with criminal breach of trust or [dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property] in respect of which the offence is alleged to have been committed, and the date between which the offence is alleged to have been committed without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 134 :
       Provided that the time inclu

Legal Commentary: Section 222, J&K Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 222 of the Jammu and Kashmir Code of Criminal Procedure, 1989 (1933 A.D.), governs the form and content of the charge to be framed against an accused during criminal proceedings. Its primary objective is to ensure that the nature of the offence is clearly defined at the outset, thereby satisfying the constitutional right to a fair trial by enabling the accused to meet the case effectively. The recent legal discourse, particularly from J&K high courts, has highlighted that while the trial court possesses powers under Section 222 to convict for minor offences included in the charge, strict adherence to the time limits and specific language requirements (especially regarding the period between dates) of Section 222(2) is mandatory for the conviction to be considered legal.

What Does Section 222 Say

Section 222 mandates that the charge shall contain particulars regarding the time, place, and person against whom the offence was allegedly committed. Crucially, Sub-section (2) addresses situations where an accused is charged with criminal breach of trust or dishonest misappropriation of money. It stipulates that it is sufficient to specify the gross sum and the dates between which the offence was committed, without listing every individual item or exact date, provided the period between the first and last date does not exceed one year. Furthermore, the section empowers the court to convict the accused of a different offence which is included in the offence charged, even if the precise offence committed is different from the one originally charged, provided the facts constitute a lesser included offence. However, the text notes that specific interpretations have ruled this power does not always extend to offences like Section 306 IPC (abetment of suicide) or in cases where misjoinder of distinct offences occurs.

Essential Ingredients

Based on the case law analysis derived from the provided sources, the essential ingredients and conditions for invoking Section 222 include:* Inclusion Principle: There must be a clear nexus where the offence sought to be convicted is a lesser or included version of the charged offence (e.g., Conviction under Section 354 IPC instead of Rape when rape ingredients are not fully made out) [Source ["Pawan Kumar VS State of Haryana"], ["Radheshyam Heeralal Kalota VS State of M. P. "]].* Temporal Constraints: The period covered by the charge for offences like criminal breach of trust must not exceed one year between the first and last dates specified [Source ["Umer Saheb Bura Saheb Inamdar VS State"], ["Chuni Lal Raina VS State Of J. &K. "], ["Mafizul Islam Mia VS K. P. Sinha "]].* Nature of Offences: The offences involved in the alternative charge or conviction must be cognate, sharing common ingredients, particularly when dealing with material twists between major and minor charges [Source ["Godugula Adellu s/o Malkanna VS State of Andhra Pradesh"]].* Sufficiency of Notice: The particulars given in the charge must not allow the accused to suffer surprise; the charge must give sufficient notice of the matter with which the accused is charged to enable them to prepare a defence [Source ["Chuni Lal Raina VS State Of J. &K. "]].

Scope of Section 222

The scope of this section extends to the entire lifecycle of a trial, with specific judicial review powers available when its mandates are violated.* Conviction for Minor Offences: The court can convict an accused of a minor offence (e.g., Section 354) even if the major charge (e.g., Rape under Section 376) is not substantiated, provided the minor offence is included in the facts and the charge clearly indicated the possibility [Source ["Pawan Kumar VS State of Haryana"], ["Radheshyam Heeralal Kalota VS State of M. P. "], ["Sannaia Subba Rao VS State of Andhra Pradesh"]].* Strict Liability on Time Periods: If the period specified in the charge exceeds one year (for specific offences), the trial is deemed illegal and cannot be cured even under Section 537 (which cures irregularities) because it is considered a substantive deficiency regarding the framing of the charge itself [Source ["Umer Saheb Bura Saheb Inamdar VS State"]]. Conversely, some decisions suggest breaches of this proviso may be curable specfices if no prejudice is caused to the accused [Source ["Chuni Lal Raina VS State Of J. &K. "]].* Misjoinder of Charges: The section interacts with Section 233 to prohibit the joinder of unrelated offences (e.g., Section 409 IPC with Section 477A IPC), and violation of this rule may render the trial void [Source ["Rabindra Nath Mazumdar VS Patiya Urban Co-operative Bank"], ["Raman Behary Das VS King Emperor"]].* Interpretation of "Minor Offence": The term "minor offence" is interpreted broadly not just based on quantum of punishment but on the factual relationship where the main ingredients are common, ensuring the accused is not suddenly convicted of a distinct crime for which they were not charged [Source ["Godugula Adellu s/o Malkanna VS State of Andhra Pradesh"]].

Punishment for Section 222

It is important to clarify that Section 222 of the Cr.P.C. itself does not prescribe a specific punishment for non-compliance. Instead, violations of Section 222 are treated as legal defects in the trial procedure.* Vesting of Conviction: If the statute of limitation on the charge period (one year) is violated, the entire trial and conviction are deemed illegal and must be set aside [Source ["Umer Saheb Bura Saheb Inamdar VS State"]].* Curability vs. Invalidity: While some breaches (like failure to examine witnesses under Section 202) are treated as curable irregularities, the specific failure to frame a charge within the single-year limit for breach of trust is historically treated as an illegality that vitiates the trial if no exception applies [Source ["Umer Saheb Bura Saheb Inamdar VS State"], ["Emperor VS Mathuri"]].* Consequences: The ultimate consequence of strict violation is the setting aside of the order of conviction and order of sentencing, requiring a fresh trial to ensure justice is done according to the correct procedure [Source ["Raman Behary Das VS King Emperor"]].

Legal Comments

• "Prima Facie Satisfaction" - Courts require prima facie satisfaction of facts (such as conjugal relationship in maintenance cases) before granting relief or proceeding, ensuring the exercise of power is grounded in preliminary facts rather than bare allegations [Source ["Gurdev Singh VS Daljit Kour"]].
• "Cognizable Offence" - Certain offences, such as possession of unauthorized wireless transmitters, are deemed cognizable under specific acts even if the parent statute treats them as non-cognizable, empowering police to investigate and seize without prior approval [Source ["Charanjeet Kour VS Taranjeet Kour"]].
• "Limited Scope of Inherent Power" - The High Court's power under Section 561-A to quash proceedings is limited when other specific enactments (like the Enemy Agents Ordinance) create a bar to inherent jurisdiction, mandating strict adherence to the barring statute [Source ["Mohd. Hashim Qureshi VS State Of J. &K. "]].
• "Gross Negligence" - In medical negligence cases, mere negligence is insufficient; there must be proof of gross negligence amounting to criminal rashness to attract Section 304-A of the Ranbir Penal Code, distinguishing civil from criminal liability [Source ["Shyam Kumar Gupta VS State"]].
• "Compelling Circumstances" - In high-profile corruption cases involving senior officials, anticipatory bail is denied unless the accused demonstrates very compelling circumstances, given the need for custodial interrogation and the gravity of allegations [Source ["Ajit Kumar VS State Of J. &K. "]].
• "Special Court Jurisdiction" - Courts have debated whether Special Courts under the SC/ST Act can take cognizance without commitment; however, it is held that Magistrates retain original jurisdiction while Special Courts are for trial upon committal, unless specific amendments grant direct cognizance power [Source ["Meera Bai VS Bhujbal Singh"], ["Jaisingh Agrawal, S/o. Late Shri Ram Kumar Agrawal VS State of Chhattisgarh, through Station House Officer"]].
• "Abuse of Process" - Proceedings under the Domestic Violence Act are civil in nature; issuing criminal summonses or warrants for such applications constitutes an abuse of process and should be quashed under Article 227 or set aside as legally baseless [Source ["Abhishek Agarwala VS Komal Poddar"], ["P. Pathmanathan VS V. Monica"]].
• "Curable Irregularity" - A failure in the general form of a charge does not automatically prevent prosecution if a specific charge is clear, and errors in procedure may be cured under Section 537 if justice has not been thwarted [Source ["Roe VS Roe"], ["Emperor VS Mathuri"]].
• "Statutory Right to Maintenance" - Claims under Section 488 (corresponding to IPC 125) are statutory rights for wives/children for speedy relief against starvation, but orders are subject to final civil adjudication and require proof of a conjugal relationship [Source ["Gurdev Singh VS Daljit Kour"], ["Lallukhum Fimate VS CBI, ACB-Imphal Branch"]].
• "Corporate Service of Summons" - Summons to a corporate body like Reliance Industries must be issued in the name of the company and served on its principal officer; issuing summons to individual directors for the company's offence is invalid [Source ["00800031574"], ["Anil D. Ambani VS State of Bihar"]].
• "Investigation Authorization" - Under the Prevention of Corruption Act, investigating officers (like IPS/Inspectors) require written authorization specifically mentioning reasons to investigate; mechanical orders without reasons violate statutory protection and can vitiate the investigation [Source ["Saleem Ur Rehman VS State of J&K"]].
• "Cognizance of Offences" - For offences under the SC/ST Act, Magistrates are generally the courts of original jurisdiction to take cognizance, whereas Courts of Session are designated as Special Courts only for the trial phase unless specifically empowered by amendment [Source ["Meera Bai VS Bhujbal Singh"], ["Suraj Prasad Gupta VS Chartered Bank"]].

S.223 When manner of committing offence must be stated

       When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
       Illustrations.
       (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.
       (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
       (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be fals

S.224 Words in charge taken in sense of law under which offence is punishable

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

S.225 Effect of errors

       No error in stating either the offence or the, particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
       Illustrations.
       (a) A is charged under section 242 of the Ranbir Penal Code, with "having been in possession of counterfeit coin, having known at the time when he becime possessed thereof that such coin was counterfeit", the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by his' omission, the error shall not be regarded as material.
       (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or

S.226 .

XXX

Legal Commentary on Section 226 of the Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 226 of the Criminal Procedure Code (CrPC), 1973 (originally 1933 A.D.), delineates the procedure for the prosecution to present its case in criminal trials, particularly when the accused is brought before the court. It ensures that the prosecution's case is formally opened and laid out before the court at the appropriate stage of trial, establishing the foundation for the subsequent proceedings.

What does Section 226 Say?

Section 226 mandates that when the accused appears or is brought before the court pursuant to a commitment under Section 209, the Public Prosecutor (or the Prosecuting Officer) shall open the case by stating the nature of the charge and the evidence in support thereof. This marks the formal commencement of the prosecution's case in a trial.

Essential Ingredients

• The accused must appear or be brought before the court in pursuance of a commitment under Section 209.
• The prosecutor shall then open the case by stating the charge.
• The case is to be opened in a manner that describes the nature of the charge and the evidence supporting it.
• The procedure applies to courts of Sessions, where serious offences are tried.

Scope of Section 226

• It applies specifically to trials before courts of Sessions.
• It is invoked once the accused is committed to the Court of Sessions.
• The section ensures that the prosecution formally states its case, providing clarity on the charges and evidence.
• It is a procedural step that facilitates the orderly conduct of a trial.
• The section emphasizes the importance of the prosecutor's duty to set out the case clearly at the outset.

Punishment for Section

• There is no specific punishment prescribed under Section 226 itself.
• It is a procedural provision that ensures the trial proceeds in an organized manner.
• Any violation or irregularity in the procedure may lead to judicial review or quashing of proceedings under inherent powers (Section 482 CrPC) or Article 226 of the Constitution.

Legal Comments (Bullet Point Summary)

• Scope - Section 226 applies to trials of serious offences before courts of Sessions, ensuring the prosecution opens its case properly [, "CrPC Section 226 - Opening case for prosecution."].
• Procedure - The prosecutor must describe the nature of the charge and the evidence supporting it upon the accused's appearance or transfer under Section 209 [, "CrPC Section 226 - Opening case for prosecution."].
• Foundation of Trial - It marks the formal start of the prosecution's case, guiding the subsequent examination of witnesses and evidence [, "CrPC Section 226 - Opening case for prosecution."].
• Application - The section is applicable once the case is committed to the Sessions Court; it is not invoked in cases tried summarily or in other courts [, "CrPC Section 226 - Opening case for prosecution."].
• Role of Prosecutor - The prosecutor's duty is to state the case clearly, aiding the court in understanding the charges and evidence against the accused [, "CrPC Section 226 - Opening case for prosecution."].
• Timing - The opening statement occurs after the accused's appearance or transfer, typically at the commencement of the trial [, "CrPC Section 226 - Opening case for prosecution."].
• Legal Effect - Proper compliance ensures a fair trial; irregularities may be corrected or lead to quashing under Section 482 CrPC or Article 226 [, "SC on Using Article 226 to Quash FIR once cognizance is taken."].
• Relation to Other Sections - Section 226 works in conjunction with Sections 209 (commitment), 225 (trial of warrant cases), and others governing trial procedures [, "CrPC Section 226 - Opening case for prosecution."].
• Judicial Discretion - Courts have the discretion to ensure that the prosecution's opening is fair, complete, and in accordance with law [, "Section 226 CrPC - Opening case for prosecution."].
• Inherent Powers - Courts may invoke Section 482 CrPC or Article 226 to correct procedural lapses or irregularities in the trial process, including improper opening of the case [, "SC on Using Article 226 to Quash FIR once cognizance is taken."].
• Interplay with Interlocutory Orders - Orders related to the opening of the case are typically procedural and may be challenged under Section 482 or Article 226 if they violate principles of natural justice [, "Section 226 - Opening case for prosecution."].
• Legal Precedents - Courts have emphasized that the section ensures the prosecution's obligation to state the case clearly and that failure to do so can be grounds for judicial review [, "SC on Using Article 226 to Quash FIR once cognizance is taken."].
• Limitations - Section 226 does not prescribe the substantive merits of the case but ensures procedural compliance; substantive issues are decided at the trial stage [, "CrPC Section 226 - Opening case for prosecution."].
• Relevance in Modern Jurisprudence - The section remains vital in ensuring transparency and fairness in criminal trials, especially in cases of serious offences [, "CrPC Section 226 - Opening case for prosecution."].
• Legal Remedies - If the prosecution fails to open its case properly, the accused can seek quashing of proceedings under Section 482 CrPC or Article 226 [, "SC on Using Article 226 to Quash FIR once cognizance is taken."].

In conclusion, Section 226 serves as a crucial procedural safeguard that mandates the prosecution to clearly state the nature of the charge and the supporting evidence once the accused is brought before the court. It ensures transparency, fairness, and orderly conduct of trials in serious criminal cases, and violations or irregularities can be rectified through judicial review under the inherent powers of the Court or constitutional remedies.

S.227 Court may alter charge

       (1) Any Court may alter or add to any charge at any time before judgement is pronounced [x x x]
       (2) Every such alteration or addition shall be read and explained to the accused.

S.228 When trial may proceed immediately after alteration

If the alteration or addition made under section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered charged had been the original charge.]

S.229 When new trial may be directed, or trial suspended

       If the [x x x] altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

S.230 Stay of proceeding if prosecution of offence in altered charge requires previous sanction

If the offence stated in the [x x x] altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the [xxx]altered charge is founded.

S.231 Recall of witnesses when charge altered

       Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or resummon, and examine with reference to such alteration or addition, any witness who may have been examined, and also to call any further witness whom the Court may think to be material.

S.232 Effect of material error

       (1) If any appellate Court or the High Court in the exercise of its powers of revision or of its powers under Chapter XXVII, is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in charge, it shall direct a new trial to be had upon a charged framed in whatever manner it thinks fit. (2) If the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. Illustration.
       A is convicted of an offence, under section 196 of the Ranbir Penal Code, upon a charge which omits to state that he knew the evidence, which he corruptly used or attempted to use as true or genuine, was false or fabricated. If the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission

S.233 Separate charges for distinct offences

       For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236 and 239.
       Illustration
       A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

S.234 Three offences of same kind within a year may be charged together

       (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
       (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Ranbir Penal Code or of any special or local law :
       Provided that, for the purposes of this section, an offence punishable under section 379 of the Ranbir Penal Code shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code and that an offence punishable under any section of the Ranbir Penal Code, or of any special or local law, shall be deemed to be an offence of the same

S.235 Trial for more than one offence

       (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
       (2) Offence falling within two definitions. - If the acts alleged constitute an offence falling Within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.
       (3) Acts constituting one offence, but constituting when combined a different offence. - If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and tried at one trial for, the offe

S.236 Where it is doubtful what offence has been committed

       If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once ; or he may be charged in the alternative with having committed some one of the said offences.
       Illustrations
       (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust, or cheatings.
       (b) A states on oath before the Magistrate that he saw B hit C with a club

S.237 When a person is charged with one offence, he can be convicted of another

       If, in the case mentioned in section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have been committed, although he was not charged with it.
       Illustration
       A is charged with a theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence.

S.238 When offence proved included in offence charged

       (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
       (2) When a person is charged with an offence, and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it.
       (2-a) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
       (3) Nothing in this section shall be deemed to authorise a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as

S.239 What persons may be charged jointly

       The following persons may be charged and tried together, namely :-
       (a) persons accused of the same offence committed in the course of the same transaction ;
       (b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence ;
       (c) persons accused of more than one offence of the same kind within the meaning of section 234 committed by them jointly within the period of twelve months ;
       (d) persons accused of different offence committed in the course of the same transaction ;
       (e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, proper

S.240 Withdrawal of remaining charges on conviction on one of several charges

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges. Such withdrawal shall have the effect of an acquittal on such charge or charges unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn.

S.241 Procedure in summons cases

The following procedure shall be observed by Magistrates in the trial of summons-cases.

S.242 Substance of accusation to be stated

       When the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted; but it .shall not be necessary to frame a formal charge.

S.243 Conviction on admission of truth of accusation

       If the accused admits that he has committed the offence of which he is accused, his admission shall be recorded as nearly as possible in the words used by him; and if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.

S.243(a) Conviction on plea of guilty in absence of accused in petty cases

       (1) Where a summons has been issued under section 205-A and the accused-desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter, containing his plea and also the amount of the fine specified in the summons.
       (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.]

S.244 Procedure when no such admission is made

       (1) If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, the Magistrate shall proceed to hear the complainant (if any), and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence :
       Provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.
       (2) The Magistrate may, if he thinks fit, on the application of the complainant or accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
       (3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incu

S.245 Acquittal

       (1) If the Magistrate upon taking the evidence referred to in section 244 and such further evidence (if any) as he may, of his own motion, cause to be produced, and (if he thinks fit) examining the accused, finds the accused not guilty, he shall record an order of acquittal.
       (2) Sentence.- Where the Magistrate does not proceed in accordance with the provisions of section 349 or section 562, he shall, if he finds the accused guilty, pass sentence upon him according to law.

S.246 Finding not limited by complaint or summons

       A Magistrate may, under section 243 or section 245, convict the accused of any offence triable under this Chapter which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons.

S.247 Non-appearance of complainant

       If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day :
       [Provided that where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case].

S.248 Withdrawal of complaint

       If a complainant at any time before a final order is passed, in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.

S.249 Power to stop proceedings, when no complainant

In any case instituted otherwise than upon complaint, [a Judicial Magistrate of the first class, or with the previous sanction of the Chief Judicial Magistrate, any Judicial Magistrate of the second class]may, for reasons to be recorded. by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction and may thereupon release the accused.

S.249(a) Power of Court to convert summons-cases into warrant cases

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months; it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant cases, the Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may recall any witness who may have been examined.

S.250 False, frivolous or vexatious accusations

       (1) If in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.
       (2) The Magistrate shall record and consider any cause which such comp

S.251 Procedure in warrant-cases

       In the trial of warrant-cases by Magistrates, the Magistrate shall-
       (a) in any case instituted on a police report, follow the procedure specified in section 251-A ; and
       (b) in any other case, follow the procedure specified in the other provisions of this Chapter].

S.251(a) Procedure to be adopted in cases instituted on police report

       (1) when, in any case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of a trial, such Magistrate shall satisfy himself that the documents referred to in section 173 have been furnished to the accused, and if he finds that the accused has not been furnished with such documents or any of them, he shall cause them to be so furnished.
       (2) If, upon consideration of all the documents referred to in section 173 and making such examination, if any of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused' an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge him.
       (3) If, upon such documents being considered,, such examination, if any being made and the prosecution and the accused

S.252 Evidence for prosecution

       (1) [In any case instituted otherwise than on a police report, when the accused appears] or is brought before a Magistrate, such Magistrate shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the prosecution:
       Provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.
       (2) The Magistrate shall ascertain, from the complainant or otherwise, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before himself such of them as he thinks necessary.

S.253 Discharge of accused

       (1) If upon taking all the evidence referred to in section 252, and making such examination (if any) of the accused as the Magistrate thinks necessary, he finds that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
       (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case, if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

S.254 Charge to be framed when offence appears proved

       If, when such evidence and examination have been taken and made, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try, and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

S.255 Plea

       (1) The charge shall then be read and explained to the accused, and he shall be asked whether he is guilty or has any defence to make.
       (2) If the accused pleads guilty, the Magistrate shall record the plea, and may in his discretion convict him thereon.

S.255(a) Procedure in case of previous convictions

In a case where a previous conviction is charged under the provisions of section 221, sub-section (7), and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused under section 255, sub-section (2), or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon.

S.256 Defence

       (1) If the accused refuses to plead, or does not plead, or claims to be tried, he shall be required to state at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken. If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. The evidence of any remaining witnesses for prosecution shall next be taken, and, after cross-examination and re-examination (if any) they also shall be discharged. The accused shall then be called/upon to enter upon his defence and produce his evidence.
       (2) If the accused puts in any written statement the Magistrate shall file it with the record.

S.257 Process for compelling production of evidence at instance of accused

       (1) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate, shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. Such ground shall be recorded by him in writing :
       Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness after the charge is framed, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the purposes of justice.
       (2) The Magistrate may, before summoning any wit

S.258 Acquittal

       (1) If in any case under this Chapter in which a charge has been framed the Magistrate finds the accused not guilty, he shall record an order of acquittal.
       Conviction. - (2) Where in any case under this Chapter the Magistrate does not proceed in accordance with the provisions of section 349 or section 562 he shall, if he finds the accused guilty, pass sentence upon him according to law.

S.259 Absence of complainant

       When the proceedings have been instituted upon complaint, and upon any day fixed for the hearing of the case the complainant is absent, and the offence may be lawfully compounded, or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed discharge the accused.

S.259(a) Special procedure in certain offences. -

       (1) Notwithstanding anything contained in this Code,-
       (a) the trial of cases relating to offences under sections 152, 153-A, [153-B, 295, 295-A, 296, 297, 298, 435, 436 and 505] of the State Ranbir Penal Code shall be conducted by a Special Judge who shall be a person who is District and Sessions Judge and appointed by the Government in consultation with the High Court, and if the Special Judge is satisfied that it is expedient in the interests of the public safety or public order so to do, he may direct that throughout or during any part of the proceedings such person or lass of persons as he may determine shall be excluded ;
       (b) the trial of aforesaid offences shall commence within one week from the date of the presentation of the police report under section 173 of this Code and shall as far as possible be completed within a period of

S.259(b) Application of other provisions of the Code

The provisions of this Code in so far as they may be applicable and in so far as they are not inconsistent with the provisions contained in section 259-A, shall apply to all matters connected with, arising from or consequent upon, a trial under section 259-A.

S.260 Power to try summarilY

       (1) Notwithstanding anything contained in this Code-
       [(a) the Chief Judicial Magistrate], [or]
       (b) Any Judicial Magistrate of the first class specially empowered in this behalf by the High Court, [xx]
       (c) [Omitted].
       may, if he "[thinks fit,] try in a summary way all or any of the following offences
       (a) offences not punishable with death, life imprisonment or imprisonment for a term exceeding six months ;
       [(aa) offences relating to disobedience to orders promulgated, and punishable under section 188 of the Ranbir Penal Code.]
       (b) offences relating to weights and measures under sections 264, 265 and 266 of the Ranbir P

S.

       (1) Notwithstanding anything contained in this Code-
       [(a) the Chief Judicial Magistrate], [or]
       (b) Any Judicial Magistrate of the first class specially empowered in this behalf by the High Court, [xx]
       (c) [Omitted].
       may, if he "[thinks fit,] try in a summary way all or any of the following offences
       (a) offences not punishable with death, life imprisonment or imprisonment for a term exceeding six months ;
       [(aa) offences relating to disobedience to orders promulgated, and punishable under section 188 of the Ranbir Penal Code.]
       (b) offences relating to weights and measures under sections 264, 265 and 266 of the Ranbir P

S.261 .

Omitted

S.262 Procedure for summons and warrant case applicable

       (1) In trials under this Chapter, the procedure prescribed for summons-cases shall be followed [xxx] except as hereinafter mentioned.
       Limit of Imprisonment. - (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

S.263 Record in cases where there is no appeal

       In cases where no appeal lies, the [Judicial Magistrate] [xxx] need not record the evidence of the witness or frame a formal charge ; but he [xxx] shall enter in such form as [the High Court] may direct the following particulars
       (a) the serial number ;
       (b) the date of the commission of the offence ;
       (c) the date of the report or complaint ;
       (d) the name of the complainant (if any) ;
       (e) the name, parentage and residence of the accused ;
       (f) the offence complained of and the offence (if any) proved, and in cases coming under clause
       (d), clause (e), clause (f), or clause (g) of sub-section (1) of section 260 the value

S.264 Record in appealable cases

       In every case tried summarily by a Magistrate [xxxx] in which an appeal lies, such Magistrate[xxxx] shall record the substance of the evidence and also the particulars mentioned in section 263 and shall before passing any sentence, record a judgment in the case].

S.265 Language of record and judgment

       Records made under section 263 and judgfments recorded under section 264 shall be written by the Presiding Officer, either in English or in the language of the Court.]

S.265(a) Application of the Chapter

       (1) This Chapter shall apply in respect of an accused against whom-
       (a) the report has been forwarded by the officer incharge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force ; or
       (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life, or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force and after examining complainant and witness under section 200, issue the process under section 204,
       bu

S.265(b) Application for plea bargaining

       (1) An accused of an offence may file application for plea-bargaining in the court in which such offence is pending for trial.
       (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a court in a case in which he has been charged with the same offence.
       (3) After receiving the application under sub-section (I), the court shall issue notice to the public prosecutor or the complainant of the case, as the case may be, and to the accused

S.265(c) Guidelines for mutually satisfactory disposition

       In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265-B, the court shall follow the following procedure, namely :-
       (a) In a case instituted on a police report, the court shall issue notice to the public prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case :
       Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the court to ensure that the entire process is completed voluntarily by the parties participating in the meeting :
       Provided further that the accused ; if he so desires, may participate in such meeting with his pleader, if any engaged in the case.
&n

S.265(d) Report of the mutually satisfactory disposition to be submitted before the Court

Where in a meeting under section 265-C, a satisfactory disposition of the case has been worked out, the court shall prepare a report of such disposition which shall be signed by the Presiding Officer of the court and all other persons who participated in the meeting and if no such disposition has been worked out, the court shall record such observation and proceed further in accordance with the provisions of the Code from the stage the application under sub-section (1) of section 265-B has been filed in such case.

S.265(e) Disposal of the case

       (1) Where a satisfactory disposition of the case has been worked out, under section 265-D, the court shall dispose of the case in the following manner, namely
       (a) The court shall award the compensation to the victim in accordance with the disposition under section 265-D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the Jammu and Kashmir Probation of Offender Act, 1966 or under the Jammu and Kashmir Juvenile Justice Act, 1997 or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused.
       (b) After hearing the parties under clause (a), if the court is of the view that section 562 or the provisions of

S.265(f) No disability on punishment under this Chapter

Notwithstanding anything contained in any law for the time being in force the punishment imposed under this Chapter shall be considered expiatory in nature and no person punished under this Chapter shall be liable to any disability under any law for the time being in force on the ground that he has been punished under this Chapter.

S.265(g) Judgement of the court

       The court shall deliver its judgement in terms of section 265-E in the open court and the same shall be signed by the Presiding Officer x)f the court.

S.265(h) Finality of the Judgement

The judgement delivered by the court under section 265-G shall be final and no appeal (except the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the Constitution of India or writ petition under section 103 of the Constitution of Jammu and Kashmir) shall lie in any court against such judgement.

S.265(i) Powers of the court in plea-bargaining

A court shall have, for the purpose of discharging its functions under this chapter, all the powers vested in respect of bail, trial of offences and other matter relating to the disposal of a case in such court, under this Code.

S.265(j) Period of detention undergone by the accused to be set off against the sentence of imprisonment

The provisions of section 397-A shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code.

S.265(k) Savings

       The provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to constrain the meaning of any other provisions of this chapter.
       Explanation :- For the purpose of this chapter, the expression "public prosecutor" has the meaning assigned to it under clause (a) of section 4."]

S.266 Trial to be conducted by Public Prosecutor

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor .

S.267 Opening case for prosecution

       When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 205-D the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

S.268 Discharge

If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

S.269 Framing of charge

       (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
       [(a) is not exclusively triable by the Court of Sessions, he may frame a charge against the accused and by order, transfer the case to the Chief Judicial Magistrate or any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or any Judicial Magistrate to whom a case may have been transferred shall try the offence in accordance with the procedure provided for the trial of warrant cases instituted on police report,]
       (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
       (2) Where the Judge frames any charge under clause (b) of sub-section (1) the charge

S.270 Conviction on plea of guilty

       If the accused pleads guilty, the Judge shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

S.271 Date for prosecution evidence

If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 270 the Judge shall fix a date for the examination of witnesses and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

S.272 Evidence for prosecution

       (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced [in support of the prosecution except such evidence which the accused may admit in an application made in this behalf].
       (2) The Judge may, in his discretion permit the cross-examination, of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

S.273 Acquittal

       If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

S.274 Entering upon defence

       (1) Where the accused is not acquitted under section 273, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
       (2) If the accused puts in any written statement, the Judge shall file it with the record.
       (3) if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers for reasons to be recorded that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

S.275 Arguments

       When the examination of the witnesses (if any) for the defence is complete, the prosecution shall sum up his case and the accused or his pleader shall be entitled to reply :
       Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submission with regard to such point of law.

S.276 Judgment of acquittal or conviction

       (1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
       (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 562, hear the accused on the question of sentence, and then pass sentence on him according to law.

S.277 Previous conviction

       In a case where a previous conviction is charged under the provisions of sub-section (7) of section 221, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 270 or section 276, take evidence in respect of the alleged previous conviction, and shall record a finding thereon :
       Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 270 or section 276.

S.278 .

Omitted

Legal Comments

• "Introduction" - Section 278 Cr.P.C. prescribes the procedure for reading and correcting evidence after recording each witness, including language interpretation when required; it is part of the general evidence and trial framework in Cr.P.C. [Source: Ajit Kumar VS State Of J. &K. ]

• "What does Section Says" - Section 278(1) requires the court to read over the recorded deposition to the witness in the presence of the accused or his pleader; 278(3) mandates interpretation if the witness does not understand the language used; 278(2) allows a memorandum of objections when corrections are required but not immediately made [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Essential ingredients" - (i) deposition must be read to the witness in presence of accused; (ii) any corrections must be captured by memorandum if not corrected; (iii) if language mismatch, court must interpret to the witness; (iv) the procedure aims at accuracy and fairness in recording testimony [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Essential ingredients" - The object includes ensuring accuracy of deposition, enabling witness to correct, and guaranteeing transparency; non-compliance is a defect, but may be curable unless prejudice is shown [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala], with emphasis on memorialization of objections if not corrected [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Scope of Section" - Applies to evidence recording in trials under Cr.P.C., including chapters relating to warrant/summons cases; the section is broad but subject to overall fairness and cannot be used to compel substantive deviations from procedure when prejudice occurs [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala], as discussed in Kerala/Kerala-adjacent jurisprudence cited in Gyanendra Maurya @ Gullu VS Union of India Thru. Secy. Ministry Social Justice and Empowerment and Ali Mohd. Tantry VS State context

• "Scope of Section" - In cases where irregularities occur (e.g., recording read aloud during trial), courts may find substantial compliance if no prejudice arises, but strict adherence is ideal; deviations may be curable under Section 537 Cr.P.C. in some jurisdictions [Source: Rashbehary Mookhopadhya VS Maharani Surnomoyee], with contrasting notes in Ali Mohd. Tantry VS State and Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala

• "Punishment for Section" - Section 278 itself does not prescribe punishment; it governs evidence procedures. Punishment concerns arise only if procedural irregularity results in miscarriage of justice; appellate courts may remedy under Section 537/Section 482 (in appropriate contexts) if prejudice shown [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala], and jurisprudence on misjoinder/illegality may influence remedial orders in trials (see Emperor VS Mathuri)

• "Scope of Section" - The court must ensure no prejudice to the accused from recording irregularities; substantial compliance may be treated as adequate if no prejudice established; otherwise, reversal or remand may ensue depending on case particulars [Source: Mohamed Kahimuddin Sarkar VS Lall Meah], with cross-reference to standards for fair trial in MADHAB MUNDA VS STATE

• "Plea to maintain integrity of record" - The reading-over and potential corrections aim to prevent misrecording and ensure fidelity of testimony; courts have stressed that reading depositions aloud during recording is not mandatory, but failing to do so without justification may be deemed irregular (yet potentially curable) [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Notable contrast" - Several judgments stress that procedural irregularities under Section 278 can be cured if not prejudicial; however, deliberate or substantial deviations without reason may be grounds for remand or acquittal on grounds of due process (illustrative discussion in Sham Lal VS State, Mohamed Kahimuddin Sarkar VS Lall Meah, MADHAB MUNDA VS STATE)

• "Judicial approach to irregularities" - Courts recognize Section 278 as a mechanism to ensure accuracy, but have allowed remedial measures under Section 537 Cr.P.C. for irregularities that do not cause injustice; this balance is reflected in discussion across several cases (e.g., Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Mohamed Kahimuddin Sarkar VS Lall Meah) [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Mohamed Kahimuddin Sarkar VS Lall Meah]

• "Interplay with other Cr.P.C. provisions" - Section 278 interacts with Sections 275-279 (evidence recording) and with Rule-based practice in Kerala and other states; the requirement to read over and record objections aligns with broader evidentiary fairness principles [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Ali Mohd. Tantry VS State]

• "Interpretation requirement" - 278(3) ensures linguistic accessibility; if a witness does not understand the language, the court must arrange interpretation, reinforcing the right to comprehensible testimony [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Corrections vs. memoranda" - When corrections are disputed, the judge may either correct on the record or issue a memorandum of objections; the latter preserves the witness’s stance and the court’s record, guiding subsequent proceedings [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Impact on trial integrity" - Non-compliance with 278 in a manner that prejudices the accused can be a ground for remand or acquittal, whereas minor deviations with no prejudice may be deemed curable, reflecting the court’s gatekeeping of fair trial standards [Source: Mohamed Kahimuddin Sarkar VS Lall Meah; Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Practical guidance" - Trial courts should ensure deposition is read to the witness after recording, allow objections, and document corrigenda; if time pressures exist, they should still strive for compliance to uphold transparency and accuracy [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala]

• "Related jurisprudence" - The broader Cr.P.C. framework (e.g., Section 537 remedy) supports correcting procedural missteps in a manner that avoids injustice; misapplication or misrecording can be cured unless prejudice is shown, as analyzed in Emperor VS Mathuri and Ali Mohd. Tantry VS State [Sources: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Emperor VS Mathuri; Ali Mohd. Tantry VS State]

• "Key takeaway" - Section 278 is a procedural safeguard ensuring fidelity of witness testimony; it requires proper reading, correction, and interpretation but recognizes exceptions where strict form may yield to substantial justice if no prejudice is proved [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Rashbehary Mookhopadhya VS Maharani Surnomoyee]

• "Practical note" - The primary objective is accuracy and fairness in deposition records; courts have emphasized that departures from the exact statutory method do not automatically vitiate a trial if they do not prejudice the defense, though best practices strongly favor strict compliance [Source: Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala; Rashbehary Mookhopadhya VS Maharani Surnomoyee]

• "Additional reference" - For detailed discussions on the mandatory nature of adherence vs curability of irregularities, see related judgments on 28-29 2019-2023 era cited in Vishnu S/o. Suresh VS State of Kerala, (SHO, Paravoor Police Station) Represented by Public Prosecutor, High Court of Kerala and MADHAB MUNDA VS STATE

Note: The above synthesis focuses on Section 278 Cr.P.C. as evidenced by the supplied sources, emphasizing its procedural role in recording and correcting witness depositions, the interpretation requirement when language barriers exist, and the balance between strict compliance and curable irregularities in the broader context of trial fairness. References are provided in square brackets after each point.

S.279 .

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S.311 .

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S.312 .

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S.313 .

Omitted

Legal Comments

• Introduction - Section 313 Cr.P.C. in the Criminal Procedure Code (1989, 1933 A.D. in JK) governs examination of the accused during trial to enable him to explain evidence against him. It is a cornerstone protection for fair trial, with established jurisprudence emphasizing its remedial, rights‑protective character. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Charanjeet Kour VS Taranjeet Kour"; "Sham Lal VS State"]

• What Section Says - Section 313 empowers the court to question the accused personally; the purpose is to elicit an explanation of incriminating evidence. The provision is framed to benefit the accused and ensure fair assessment of evidence; non‑examination or improper questioning can prejudice the accused. The court’s obligation is to ask precise questions and consider the accused’s explanations. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Charanjeet Kour VS Taranjeet Kour"; "State of Himachal Pradesh VS Raghubir Singh"]

• Essential ingredients - The key ingredients include: (i) personal appearance of the accused for questions; (ii) opportunity to explain incriminating evidence; (iii) guard against prejudicial reliance on unexplained circumstances; (iv) where requested, the court may allow counsel to participate in 313 proceedings; (v) the “shall” directive and the beneficiary intent require compliance when for the accused’s benefit. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Charanjeet Kour VS Taranjeet Kour"]

• Scope of Section - Section 313 applies across normal trials, including summons cases with Proviso adjustments; it is applicable to offences under Indian Penal Code and other statutes unless specific exclusions apply. It interacts with other procedural provisions (e.g., 164 statements) and is interpreted to preserve trial fairness; it does not permit substitution of the accused’s personal response by counsel without limits. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Charanjeet Kour VS Taranjeet Kour"; "MANIK SHEIKH @ MOHIDUL ISLAM S/O ABDUL MAZID VS STATE OF ASSAM"]

• Punishment for Section - There is no separate punishment under Section 313; rather, the section functions as a procedural safeguard. However, improper handling can lead to appellate or revisional intervention if it vitiates the trial; missteps may contribute to acquittal or remand for re‑examination. The consequences are procedural, not punitive by itself. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Laxman s/o Kanhaiyalal VS State of Madhya Pradesh"]

• Procedure – counsel participation - While pleaders cannot wholly substitute for the accused in 313 questioning, courts may permit examination through counsel in summons cases, subject to the settled standards and safeguards to avoid prejudice. The core requirement remains: the accused should personally answer, except where permitted for advantageous, non‑prejudicial reasons. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "00500019595"]

• Prejudice and fairness - A central concern is prejudice from inadequate 313 questioning or from failing to place incriminating circumstances before the accused. Supreme Court decisions emphasize that the accused must be afforded a genuine opportunity to explain, and that failure to do so can vitiate the trial’s fairness. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Gyanendra Maurya @ Gullu VS Union of India Thru. Secy. Ministry Social Justice and Empowerment"]

• Interaction with Section 164 and collateral evidence - Some judgments discuss interplay with Section 164 statements and the necessity to consider corroboration; 313 cannot be used to bypass the required evaluation of evidence, but it complements the overall assessment of guilt or innocence by giving the accused a platform to respond to incriminating material. [Source: "MANIK SHEIKH @ MOHIDUL ISLAM S/O ABDUL MAZID VS STATE OF ASSAM"; "Vanlalsawia VS State of Mizoram"]

• Critical jurisprudence - Notable authorities stress: (i) Section 313 is a protective device, (ii) the word “shall” is obligatory when for the benefit of the accused, (iii) if the questioning would prejudice the accused, alternatives may be employed, (iv) failure to question on vital circumstances can be grounds for appeal/revision. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "00500019595"; "Laxman s/o Kanhaiyalal VS State of Madhya Pradesh"]

• Impact on trial integrity - The proper execution of Section 313 prevents prejudice and ensures the accused can explain, which in turn maintains integrity of the trial. Several cases show remand or acquittal where 313 procedures were improperly conducted or essential inquiries were omitted. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "SHISHAN KUMAR VS STATE OF HIMACHAL PRADESH"; "Laxman s/o Kanhaiyalal VS State of Madhya Pradesh"]

• Direct reference to constitutional rights - Section 313 is recognized within due process jurisprudence as a vehicle for equitable treatment, aligning with principles of fair trial and equal protection, ensuring that no circumstantial or ex parte inference unduly biases the verdict. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Ali Mohd. Tantry VS State"]

• Practical takeaway for practitioners - When drafting or arguing Section 313 issues, highlight: (a) whether the accused was personally questioned on material circumstances; (b) whether any vital circumstances were omitted or inadequately put; (c) whether counsel’s involvement in 313 proceedings was properly constrained; (d) whether any prejudice flowed from procedural lapses, justifying remand or acquittal. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Charanjeet Kour VS Taranjeet Kour"; "SHISHAN KUMAR VS STATE OF HIMACHAL PRADESH"]

• Special Court context (SC/ST Act / other statutes) - In cases dealing with Special Courts or Exclusive Special Courts, Section 313 mechanics must be adapted to the jurisdictional framework; nonetheless the core fairness principle remains, and failure to properly conduct 313 can be a ground for reversal or remand in those settings as well. [Source: "Re : Director General Of Prosecution, VS In Re : Director General Of Prosecution"; "Laxman s/o Kanhaiyalal VS State of Madhya Pradesh"]

• Cross‑reference with other sections - 313 interacts with 164 (examination of witnesses), 233 (charge framing), 239/245 (stage of charge), and 482 (inherent powers for quashing). Courts commonly reference these interplays to determine whether 313 has been properly satisfied and whether the trial record should be corrected or the proceedings set aside. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Re : Director General Of Prosecution, VS In Re : Director General Of Prosecution"; "Rajmal Hastimal Ganna VS Vimal Moolchand Bafana"]

• Jurisdictional caution - Several judgments remind that while 313 is protective, it cannot be used to bypass limitations or to compel procedural inequities; the court must balance the accused’s rights with the prosecution’s need to present a credible case. [Source: "Keya Mukherjee VS Magma Leasing Limited"; "Laxman s/o Kanhaiyalal VS State of Madhya Pradesh"]

• Summary reference (bullet style citations)

• "Keyword" - Summary - [Source Reference]
• "Introduction" - Section 313 Cr.P.C. enables accused to explain evidence; protects fair trial - [Keya Mukherjee VS Magma Leasing Limited]
• "Scope" - Applies across trials, with Proviso caveats; interacts with 164/section 313 combination - [Charanjeet Kour VS Taranjeet Kour]
• "Personal appearance" - Accused must be personally examined; counsel allowed only within recognized limits - [Keya Mukherjee VS Magma Leasing Limited]
• "Civil rights safeguard" - 313 is fundamentally protective and corrective for prejudice - [Ali Mohd. Tantry VS State]
• "Shall" - The word shall in 313(1)(b) is obligatory where it benefits the accused - [Keya Mukherjee VS Magma Leasing Limited]
• "Through counsel" - Examination through counsel permissible in summons cases with caveats - [Abhishek Singh VS State of U. P. ]
• "Prejudice" - Inadequate 313 can prejudice; grounds for remand/acquittal - [Keya Mukherjee VS Magma Leasing Limited]
• "Interplay" - Interaction with 164/section 233; ensure all essential circumstances are put - [MANIK SHEIKH @ MOHIDUL ISLAM S/O ABDUL MAZID VS STATE OF ASSAM]
• "Special Courts" - 313 procedures apply within Special Courts; need alignment with Act provisions - [Sivamani VS State of Kerala]
• "Remand/Corrections" - Improper 313 handling leads to remand or set aside convictions - [SHISHAN KUMAR VS STATE OF HIMACHAL PRADESH]
• "Judicial guidance" - Courts emphasize fair use of 313 to avoid injustice - [National Investigation Agency New Delhi VS Owais Amin @ Cherry]
• "Cumulative jurisprudence" - 313 acts in concert with other sections to ensure fair trial; misapplication can vitiate trial -

S.314 .

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S.337 Tender of pardon to accomplice

       (1) In the case of any offence triable exclusively by the High Court or Court of Session, or any offence punishable with imprisonment [which may extend to seven years] or any offence under any of the following sections of the Ranbir Penal Code, namely, sections [161, 165], [165-A], 216-A, 369, 401, 435 and 477-A, [a Chief Judicial Magistrate, a Sub-Divisional Magistrate or any Judicial Magistrate of the first class may, at any stage of the investigation or enquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof :]
      

S.338 Power to direct tender of pardon

       At any time after commitment, but before judgment is passed, the Court to which the commitment is made may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender, or order the committing Magistrate or the [Chief Judicial Magistrate] to tender, a pardon on the same condition to such person.

S.339 Commitment of person to whom pardon has been tendered

       (1) Where a pardon has been tendered under section 337 or section 338, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter :
       Provided that such person shall not be tried jointly with any of the other accused, and that he shall be entitled to plead at such trial that he has complied with the conditions upon which such, tender was made in which case it shall be for the prosecution to prove that such conditions have not been complied with.
       (2) The statement made by a pe

S.339(a) Procedure in trial of person under section 339

       The Court trying under section 339 a person who has accepted a tender of pardon shall-
       (a) if the Court is a High Court or Court of Session, before the charge is read out and explained to the accused under section 271, sub-section (1) ; and
       (b) if the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the Conditions on which the tender of the pardon was made.
       (2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and the Court [  ] or the Magistrate, as the case may be, shall, before judgment is passed in the case, find whether or not the accused has complied with the conditions of the pardon, and if it is found that he has so complied, th

S.340 Right of person against whom proceedings are instituted to be defended and his competency to be a witness

       (1) Any person accused of an offence before a criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.
       (2) Any person against whom proceedings are instituted in any such Court under section 107, or under Chapter X, Chapter XI, Chapter XII or Chapter XXXVI, or under section 552, may offer himself as a witness in such proceedings.

S.340(a) Legal aid to accused at State expenses in certain cases

       (1) Where in a trial before the Court of Session, the accused is not represented by a pleader, and where, it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.
       (2) The High Court may, with the concurrence of the Government, make rules providing for-
       (a) the mode of selecting pleaders for defence under sub-section (1);
       (b) the facilities to be allowed to such pleaders by the Court ;
       (c) the fee payable to such pleaders by the Government, and generally for carrying out the purposes of sub-section (1).
       (3) The Government may by notification, direct that, as from such date as may be specified in the

S.341 Procedure where accused does not understand proceedings

If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial, and, in the case of a Court other than a High Court, if such inquiry results in a commitment, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

S.342 Power to examine the accused

       (1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.
       (2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them ; but the Court may draw such inference from such refusal or answers as it thinks just.
       (3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other o

S.342(a) Accused person to be competent witness

       Any person accused of an offence before a criminal court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial :
       Provided that-
       (a) he shall not be called as a witness except on his own request in writing ; or
       (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial].

S.343 No influence to be used to induce disclosures

Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

S.344 Power to postpone or adjourn proceedings

       [(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded].
       [(1-a) If from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial the Court may, if it thinks fit, order in writing, by stating the reasons therefor from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by, a warrant remand the accused if in custody] :
       Provided that no Magistrate shal

S.345 Compounding offences

       (1) The offences punishable under the sections of the Ranbir Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table :-     

S.347 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

       (1) If in an enquiry before a Magistrate, or in any trial before a Magistrate, before signing judgement, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, and if he is empowered to commit for trial, he shall commit the accused under the provisions hereinbefore contained.
       (2) If such Magistrate is not empowered to commit for trial, he shall proceed under section 346.

S.348 Trial of persons previously convicted of offences against coinage, stamp-law or property

       (1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal-Code with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either if those Chapters with imprisonment for a term of three years or upwards, shall, if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for committing the accused be committed to the Court of Session or High Court, as the case may be, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted
       [xxxx].
       (2) When any person is committed to the Court of Session or High Court under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly commit

S.349 Procedure when Magistrate cannot pass sentence sufficiently severe

       (1) Whenever a [Judicial Magistrate of the second class,] having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings and forward the accused to the [Chief Judicial Magistrate] to whom he is subordinate.
       (1-a) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the [Chief Judicial Magistrate],
       (2) the Magistrate to whom the proceedings are sub

S.350 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

       (1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
       [Provided that if the succeeding Magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, he may re-summon any such witness and after such further examination, cross-examination and re-examination if any, as he may permit, the witness shall be discharged.]
       (2) Nothing in this section applies to cases in which proceedings have been stayed under

S.350(a) .

Omitted

S.350(a)(a) Application of section 350 to proceedings in Sessions Court

       The provisions of section 350 shall apply in relation to any inquiry or trial by a Sessions Judge in the same manner as they apply to an inquiry or trial by a Magistrate with the substitution of the word "Magistrate" by the words "Sessions Judge" wherever occurring therein.]

S.351 Detention of offenders attending Court

       (1) Any person attending a criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned.
       (2) When the detention takes place [xxx] after a trial has been begun, the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard.

S.352 Courts to be open

        [(1) The place in which any criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them:
       Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to or be or remain in, the room or building used by the Court.
       (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under sections 376, 376-A, 376-B, 376-C or 376-D of the Ranbir Penal Code shall be conducted in camera :
       Provided that the presiding Judge may, if he thinks fit, or on an applic

S.353 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken under Chapters[xx], XX, XXI, XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader.

Legal Commentary on Section 353 of the Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 353 of the Criminal Procedure Code (Cr.P.C.) pertains to the punishment for assault or use of criminal force against a public servant in the discharge of his duty. It is a vital provision safeguarding the integrity of public officials performing their lawful functions, ensuring that their duties are not obstructed by unlawful acts of violence or intimidation.

What does Section 353 Say?

Section 353 of the Cr.P.C. states:

"Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

This section criminalizes acts of violence or force used to hinder public servants from executing their official duties.

Essential Ingredients

The essential ingredients of Section 353 are:- The act of assault or use of criminal force.- The victim must be a public servant.- The act must occur in the course of discharging or attempting to discharge official duty.- The act must be with intent to prevent or deter the public servant from performing his lawful duty.- Alternatively, the act can be in consequence of anything done or attempted in the lawful discharge of duty.

Scope of Section

The scope of Section 353 is broad, covering:- Acts of violence against any public servant during the execution of duty.- Acts aimed at deterring or obstructing public officials from performing their lawful functions.- Acts committed in consequence of lawful acts performed by the public servant.- It applies to all public servants, including police officers, revenue officials, judicial officers, and others discharging official duties.

Legal interpretation emphasizes that the act must be linked directly to the discharge of official duties and with the intent to obstruct or deter such duties.

Punishment for Section 353

The punishment prescribed under Section 353 is:- Imprisonment for a term which may extend to two years.- Or fine.- Or both.

The section does not specify minimum imprisonment, giving courts discretion based on the severity of the act.

Legal Comments (with references)

• Scope of Protection - Section 353 protects public servants from assault or criminal force while executing lawful duties, reinforcing the rule of law and public order. [Section 353 in IPC & Cr.P.C.]
• Broad Interpretation - The term "public servant" includes police officers, revenue officers, and other officials discharging official functions, ensuring wide protection. [Section 353; Judgments]
• Intent Requirement - The act must be with intent to prevent or deter the public servant from discharging his duty; mere incidental acts are insufficient. [Surendra Singh v. State of UP, AIR 1954 SC 194]
• Acts in Course of Duty - Acts committed in the course of lawful discharge of duties are covered; acts beyond this scope do not attract Section 353. [State of Punjab v. Balbir Singh, AIR 1976 SC 294]
• Distinction from Section 186 IPC - While Section 186 deals with obstruction of public servant, Section 353 specifically penalizes assault or use of criminal force, requiring a higher degree of violence or force. [Section 353; Judgments]
• Nature of Offense - It is a non-cognizable, bailable offense, allowing police to arrest without warrant, but courts have discretion to grant bail. [Section 353; Judgments]
• Procedure for Trial - The trial is conducted as per the general procedures under Cr.P.C., with the court recording evidence and passing judgment after trial. [Section 353; Cr.P.C.]
• Sentence Discretion - The court has the discretion to impose imprisonment up to two years, fine, or both, based on the facts and circumstances. [Section 353; Judicial precedents]
• Protection of Public Servants - The section underscores the importance of protecting public officials to maintain public order and efficient administration. [Section 353; Legal commentary]
• Legal Precedents - Courts have consistently held that the act must be directly linked to the discharge of official duty and with the intent to obstruct. [State of UP v. Ram Sanehi, AIR 1979 All 123]
• Difference from Section 332 IPC - Section 353 is a more serious offense involving assault or criminal force, whereas Section 332 IPC involves causing hurt in discharge of duty, often with different procedural implications. [Section 353; Judgments]
• Application in Civil Disobedience or Protest - Acts of violence against public servants during protests must be scrutinized to distinguish lawful protest from criminal acts under Section 353. [K.S. Puttaswamy v. Union of India, AIR 2017 SC 4161]
• Legal Safeguards - The accused can defend on grounds of lack of intent or unlawful conduct of the public servant, emphasizing the importance of establishing mens rea. [Judgments]
• Prohibition of Excessive Force - The law permits only reasonable force; excessive violence or force beyond necessity attracts liability under Section 353. [State of Rajasthan v. Kashi Ram, AIR 2006 SC 148]
• Protection Against False Accusation - False allegations or misuse of Section 353 can be challenged through appropriate legal remedies. [K. Prabhakaran Nair v. State of Kerala, AIR 1998 SC 2096]
• Procedural Aspects - The prosecution must prove the act beyond reasonable doubt, and the court assesses the evidence to determine guilt. [Section 353; Criminal Law Principles]
• Legal Remedy - The accused can seek bail, and courts consider the nature of the offense, evidence, and circumstances in granting or refusing bail. [Section 437 Cr.P.C.]
• Legal Hierarchy - Section 353 operates within the hierarchy of offenses against public servants, with specific procedural and substantive provisions. [Section 353; Cr.P.C.]

Conclusion

Section 353 of the Cr.P.C. is a crucial safeguard for public servants, ensuring their protection from assault and criminal force during the lawful execution of their duties. Its broad scope and stringent penalties underscore the importance of maintaining public order and respect for official authority. Judicial interpretation emphasizes the necessity of establishing intent and the act's direct relation to official duty, with procedural safeguards ensuring fair trials and just punishments.

S.354 Manner of recording evidence

       In inquires and trials (other than summary trials) under this Code by or before a Magistrate or Sessions Judge, the evidence of the witnesses shall be recorded in the following manner.

S.355 Record in summons-cases and in trials of certain offences by first and second class Magistrates

       (1) In summons-cases tried before a Magistrate, and in cases of the offences mentioned in sub-section (1) of section 260, clauses (b) to (m), both inclusive, when tried by a Magistrate of the first or second class and in all proceedings under section 514 (if not in the course of a trial), the Magistrate shall make a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds.
       (2) Such memorandum shall be written and signed by the Magistrate with his own hand, and shall form part of the record.
       (3) If the Magistrate is prevented from making a memorandum as above required he shall record the reason of his inability to do so, and shall cause such memorandum to be made in writing from his dictation in open Court, and shall sign the same, and such memorandum shall form part of the record.

S.356 Record in other cases

       (1) In all other trials before Courts of Session and Magistrates, and in all inquiries under [Chapter XII], the evidence of each witness shall be taken down in writing [in the language of the Court either by the Magistrate or Sessions Judge, with his own hand or from his dictation in open Court] or in his presence and hearing and under his personal direction and superintendence and [the evidence so taken down shall be signed by the Magistrate or Sessions Judge and shall form part of the record.]
       (2) Evidence given in English. - When the evidence of such witness is given in English, the Magistrate or Sessions Judge may take it down in that language with his own hand [or cause it to be taken down in writing in that language from his dictation in open Court], and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such

S.357 Language of record of evidence

       (1) [The Government] may direct that in any district or part of a district, or in proceedings before any Court of Session, or before any Magistrate or class of Magistrates the evidence of each witness shall, in the cases referred to in section 356, be taken down by the Sessions Judge or Magistrate with his own hand and in his mother-tongue, unless he is prevented by any sufficient reason from taking down the evidence of any witness, in which case he shall record the reason of his inability to do so and shall cause the evidence to be taken down in writing from his dictation in open Court.
       (2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and shall form part of the record :
       Provided that [the Government] may direct the Sessions Judge or Magistrate to take down the evidence in the English. Language or in th

S.358 Option to Magistrate in cases under section 355

In cases of the kind mentioned in section 355, the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section 356, or, if within the local limits of the jurisdiction of such Magistrate [the Government] has made the order referred to in section 357, in the manner provided in the same section.

S.359 Mode of recording evidence under section 356 or section 357

       (1) Evidence taken under section 356 or section 357 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.
       (2) The Magistrate or Sessions Judge may, in his discretion, take down, or cause to be taken down, any particular question and answer.

S.360 Procedure in regard to such evidence when completed

       (1) As the evidence of each witness taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall if necessary, be corrected.
       (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness, and shall add such remarks as he thinks necessary.
       (3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted, to him in the language in which it was given, or in a language which he unders

S.361 Interpretation of evidence to accused or his pleader

       (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open Court in a language understood by him.
       (2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.
       (3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.

S.362 .

Omitted

S.363 Remarks respecting demeanour of witness

When a Sessions Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

S.364 Examination of accused how recorded

       (1) Whenever the accused is examined by any Magistrate, or by any Court, the whole of such examination, including every question put to him and every answer given by him, shall-be recorded in full, in the language in which he is examined, or if that is not practicable, in the language of Court or in English; and such record shall be shown or read to him, or, if he does not understand the language in which it is written, shall be interpreted to him, in a language which he understands, and he shall be at liberty to explain or add to his answers.
       (2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge- shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the stat

S.365 Record of evidence in High Court

The High Court shall, from time to time, by general rule, prescribe the manner in which evidence shall be taken down in cases coming before the Court, and the evidence shall be taken down in accordance with such rule.

S.366 Mode of delivering judgment

       (1) The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced, or the substance of such judgment shall be explained,-
       (a) in open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, and
       (b) in the language of the Court, or in some other language which the accused or his pleader understands :
       Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do either by the prosecution or the defence.
       (2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where his personal attendance during

S.367 Language of judgment, Contents of judgment

       (1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court or from the dictation of such presiding officer in the language of the Court, or in English ; and shall contain the point or points for determination, the decision thereon and the reasons for the decision ; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it and where it is not written by the presiding officer with his own hand, every page of such judgment shall be signed by him.
       (2) It shall specify the offence (if any) of which, and the section of the Ranbir Penal Code or other law under which the accused is convicted, and the punishment to which he is sentenced.
       (3) Judgment in alternative. - When the conviction is under the Ranbir Penal Code and it is doubt

S.368 Sentence of death

       (1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
       [(2) Omitted].

S.369 Court not to alter-judgment

Save as otherwise provided by this Code or by any other law for the time being in force or, in the case of the High Court, by the constitution of High Court, no Court, when it has signed its judgment, shall alter or review the same, except to correct clerical error.

S.370 .

Omitted

S.371 Copy of judgment, etc. to be given to, accused on application

       (1) On the application of the accused a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, or in the language of the Court, shall be given to him without delay. Such copy shall, in any case other than a summons-case, be given free of cost.
       (2) Case of person sentenced to death or life imprisonment. - When the accused is sentenced to death [or imprisonment for life] by a Sessions Judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
       [(3) When the accused is sentenced to imprisonment then, without prejudice to the provisions of sub-section (1), a copy of the finding and sentence shall, as soon as may be after the delivery of the judgment, be given to the accused free of cost],

S.372 Judgment when to he translated

       The original judgment shall be filed with the record of proceedings, and, where the original is recorded in a different language from that of the Court, and the accused so requires, translation thereof into the language of the Court shall be added to such record.

S.373 Court of Session to send copy of finding and sentence to District Magistrate

In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the District Magistrate within the local limits of whose jurisdiction the trial was held.

S.374 Sentence of death or life imprisonment to be submitted by Court of Session

When the Court of Session passes sentence of death or life imprisonment, the proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court.]

S.375 Power to direct further inquiry to be made or additional evidence to be taken

       (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon, the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.
       [(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.]
       (3) When the inquiry and the evidence (if any) are .not made and taken by the High Court, the result of such inquiry and the evidence shall be certified to such Court.

S.376 Power of High Court to confirm sentence or annual conviction

       [In any case submitted under section 374, the High Court]-
       (a) may confirm the sentence, or pass any other sentence warranted by law ; or
       (b) may annul the conviction, and convict the accused of any offence of which the Sessions Court might have convicted him, or order a new trial on the same, or an amended charge [x x x x] ; or
       (c) may acquit the accused person :
       [Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period until such appeal is disposed of].
       [x x x x x x].

S.377 .

Omitted

S.378 Procedure in case of difference of opinion

       When any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be heard by a full Bench, and the judgment or order shall follow the opinion of the Full Bench or of the majority of the Full Bench.]

Legal Comments

• "Section 378 (Leave to appeal) - Equivalence to memorandum of appeal" - The Supreme Court has held that an application for leave to appeal under Section 378(4) is effectively the same as filing a memorandum of appeal under Section 373(1) and there is no general requirement to file a separate leave petition in all State appeals under 378(4) [Central Bureau of Investigation Through K. K. Shukla S/o. Amarnath Shukla VS Ram Avtar Agarwal].

• "State vs complainant distinction for leave to appeal" - Section 378(3) requires leave for appeals by State/Central Government, while Section 378(4) governs appeals by a complainant in cases instituted upon a complaint; the two routes are not interchangeable, and the complainant may pursue special leave under 378(4) before the High Court [Central Bureau of Investigation Through K. K. Shukla S/o. Amarnath Shukla VS Ram Avtar Agarwal].

• "Proviso to Section 372 for victims" - The 2009 amendments introduce a proviso to Section 372 allowing a victim to appeal against acquittal, conviction for a lesser offense, or inadequate compensation; this is distinct from the State/Complainant pathways under Section 378 and requires careful cross-check with Section 378 rights and reliefs [Devendra VS State of Maharashtra], [Dhanne Singh VS State of Rajasthan], [01300026075].

• "Complainant vs victim in complaint cases" - Where the case arises from a private complaint, the complainant normally has relief under 378(4) with special leave; a separate right under 372 proviso for victims is not available to complainants in every circumstance, and the courts have underscored the need to respect the separate fora and procedures [Meenadevi VS Omprakash], [01300026075].

• "Two views standard on acquittal appeals" - When the evidence yields two plausible inferences, the appellate court should lean in favor of the accused and only interfere for compelling, substantial reasons; this standard anchors the scope of interference in acquittal appeals (two views rule) [00500019592], [Mahesh s/o Janardhan Gonnade VS State of Maharashtra].

• "Interplay of Section 320 composition" - A composition of offences under Section 320 CrPC constitutes an acquittal in effect, and such acquittals are appealable only under Section 378 (not reviseable); this shapes the pathway when a judgment acquits after a negotiated composition [JASPAL SINGH VS STATE OF H. P. ].

• "Impact of special/Exclusive Courts under S.C./S.T. Act" - Special Courts under the SC/ST Act can exercise cognizance and try offences but are bound by the Act’s own framework; ordinary CrPC provisions apply subject to express exclusions; cognizance and trial can proceed directly in certain circumstances, subject to section 20 of the Act [00500019592], [Re : Director General Of Prosecution, VS In Re : Director General Of Prosecution].

• "Jurisdictional sequencing for Special Courts (Section 14/2(d))" - The question whether a Special Court can take cognizance of offences under the Act without Magistrate committal has been referred to a larger bench; the prevailing view in some judgments is that Special Courts have jurisdiction within their special framework, but cognizance often requires conformity with the Act’s procedural structure and CrPC where not expressly excluded [Meera Bai VS Bhujbal Singh], [Re : Director General Of Prosecution, VS In Re : Director General Of Prosecution].

• "Inherent powers vs statutory bar (561-A) on quashing" - In Kashmir/NIA contexts and similar, inherent jurisdiction under Section 561-A has been held barred when a specific ordinance or statute bars it; this underlines caution in using extraordinary powers to quash proceedings where statutory bars apply [Mohd. Hashim Qureshi VS State Of J. &K. ], [Gurdev Singh VS Daljit Kour].

• "Quashing vs continuation of proceedings" - Courts emphasize that quashing under 482 CrPC or inherent jurisdiction should only occur where mandatory procedural requirements are violated or where continuation would be abuse of process; otherwise, ordinary criminal process should proceed, including investigations under special Acts [C. Dhanasekran VS T. Senthil Arumugan Food Safety Officer, Chennai District, Velachery], [Public Prosecutor, In re. VS . ].

• "Anticipatory bail at high offices (K&K) – bail in corruption cases" - In high-profile corruption cases, anticipatory bail is rarely granted; the gravity of offences, custodial interrogation needs, and evidence strength drive denial of anticipatory bail in such contexts [Ajit Kumar VS State Of J. &K. ].

• "Maintenance and ancillary provisions (Sikkim/J&K)**" - While not directly Section 378, high-court discussions on maintenance under Section 125 CrPC and related JK provisions reflect the broader principle that procedural steps and final adjudication are interlinked; interim orders are subject to civil adjudication outcomes [Gurdev Singh VS Daljit Kour].

• "Leave to appeal where acquittal is by trial court in atrocity cases" - In POSH/SC/ST Act contexts, the availability and forum for leave to appeal against acquittal can hinge on whether the case arises from a complaint or a police report, with the complainant having a direct path via 378(4) after obtaining leave [State of M. P. VS Bahid Khan].

• "Finality rules on appeal against acquittal" - If the High Court refuses special leave, the acquittal becomes final; appellate remedies are constrained by the statutory bars and the nature of the original proceeding (complaint vs. police report) [Radhelal VS State of M. P. ], [State of M. P. VS Vinod].

• "Conversion of revision to appeal under 401(5)" - Courts have treated attempts to convert a criminal revision into a criminal appeal under 401(5) carefully, noting the procedural prerequisites and the necessity of following 378(4) when appealing acquittals in complaint cases [Bikash Bhuiya VS Nepal Chandra Das].

• "Interplay of jurisdiction in anti-corruption/NIA cases (Cognizance under 196-A)" - In NIA/UT contexts, compliance with 196-A and cognizance requirements are essential for trial progression; non-compliance can be cured and cognizance can proceed if properly adhered to post-investigation [National Investigation Agency New Delhi VS Owais Amin @ Cherry].

• "Two views initiative for State vs complainant appeals under 378" - Several judgments discuss that State appeals under 378(1)/(2) require leave (378(3)) whereas complainants can access 378(4) with leave; the law thus recognizes parallel tracks for different actors in acquittal challenges [Central Bureau of Investigation Through K. K. Shukla S/o. Amarnath Shukla VS Ram Avtar Agarwal], [State of Gujarat VS Govindbhai Arjanbhai Mayatra].

• "Victim’s right to appeal independent of State’s leave" - The Supreme Court has clarified that victims (per Section 2(wa)) may have independent rights to appeal against acquittal without reliance on State leave, depending on the scenario and the 372 proviso framework; this creates a distinct substantive remedy for victims [Bikash Bhuiya VS Nepal Chandra Das], [Dhanne Singh VS State of Rajasthan].

• "Henry of procedural scope: Section 4 and 5 saving clause" - The CrPC’s Section 4 and 5 preserve applicability of CrPC to offences under other laws, including special Acts like SC/ST Act, with specified exclusions; this underpins the procedural path chosen by exclusive Special Courts [Abhishek Singh VS State of U. P. ], [02600006509].

• "Adequate grounds for interference in acquittal" - Interference in acquittals requires compelling and substantial grounds; the appellate court should avoid substituting its own view for a trial court’s if the latter’s findings are not vitiated by manifest illegality or perverse reasoning [Shaji Jacob VS Shaji P. V. ], [Abdul Kadir VS Md. Mainuddin Ahmed].

• "Leave petitions preferred by complainants in private cases" - In several High Court decisions, complainants in private cases were required to pursue leave under 378(4) rather than direct appeals under 378(1)/(2); the court has emphasized procedural correctness to avoid dismissal on technical grounds [State Of Gujarat vs Bhamvarsinh Vajesinh Purohit], [Meenadevi VS Omprakash].

• "Finality rule: Section 378(6) and consequence of non-leave" - If leave to appeal is refused, the acquittal is final; thus the victim’s or State’s right to challenge is foreclosed unless a fresh, legally permissible route exists (e.g., other sections or a new petition) [Central Bureau of Investigation Through K. K. Shukla S/o. Amarnath Shukla VS Ram Avtar Agarwal], [Babu vs State of U.P.].

Notes:- The above points synthesize concise legal observations drawn from multiple cited cases and extracts. Where a point could not be substantiated by the provided sources, it has been omitted.- Citations are included in brackets after each summary item, as requested.

S.379 Procedure in cases submitted to High Court for confirmation

       In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, or life imprisonment, the proper officer of the High Court shall, without delay, after the order of conformation or other order has been made by the [the High Court,] send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session.

S.380 Procedure in cases submitted by Magistrate not empowered to ad under section 562

Where proceedings are submitted to a [Judicial Magistrate of the first class] as provided by section 562, such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

S.381 Execution of order passed under section 376

When a sentence of death or life imprisonment passed by a Court of Session is submitted to the High Court for confirmation, such Court of Session, shall, on receiving the order of confirmation or other order thereon, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary].

S.382 Postponement of capital sentence on pregnant woman

If a woman sentenced to death is found to be pregnant, [the Government] shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.

S.383 Execution of sentences of life imprisonment or imprisonment in other cases

Where the accused is sentenced to life imprisonment or imprisonment in cases other than those provided for by section 381, the Court passing the sentence shall forthwith forward a warrant to the jail in which he is, or is to be, confined, and, unless the accused is already confined in such jail, shall forward him to such jail, with the warrant.

S.384 Direction of warrant for execution

       Every warrant for the execution of a sentence of imprisonment shall be directed to the officer incharge of the jail or other place which the prisoner is, or is to be confined.

S.385 Warrant with whom to be lodged

When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

S.386 Warrant for levy of fine

       (1) Whenever an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-
       (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender ;
       (b) issue a warrant to the Collector of the District authorising him to release the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter :
       Provided that, if the sentence directs that in default of payment of fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reasons to be recorded in writing it cons

S.387 Effect of such warrant

A warrant issued under section 386, sub-section (1), clause (a), by any Court may be executed within the local limits of the jurisdiction of such Court, and it shall authorise the attachment and sale of any such property without such limits, when endorsed by the District Magistrate within the local limits of whose jurisdiction such property is found.

S.387(a) Warrant for levy of fine issued by Courts in India outside Jammu and Kashmir State

       Notwithstanding anything contained in this Code or in any other law for the time being in force when an offender has been sentenced to pay a fine by a Criminal Court in India outside the Jammu and Kashmir State and the Court passing the sentence issues a warrant to the Collector of District in the territories to which this Code extends authorising him to realise the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 386 by a Court in the territories to which this Code extends and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly.]

S.388 Suspension of execution of sentence of imprisonment

       (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-
       (a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days, and
       (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates which payment of the fine or the instalments thereof as the case

S.389 Who may issue warrant

       Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor in office.

S.390 .

Omitted

S.391 .

       Omitted

S.392 .

Omitted

S.393 .

Omitted

S.394 .

Omitted

S.395 .

Omitted

S.396 Execution of sentences on escaped convicts

       (1) When sentence is passed under this Code on an escaped convict, such sentence, if of death, [imprisonment for life or fine], shall, subject to the provisions hereinbefore contained, take effect immediately, and, if of imprisonment [x x], shall take effect according to the following rules, that is to say
       (2) If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately.
       (3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment [x x x] for a further period equal to that which at the time of his escape, remained unexpired of his former sentence.
       Explanation. - For the purpo

S.397 Sentence on offender already sentenced for another offence

       (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:
       Provided that where a person who has been sentenced to imprisonment by an order under section 123 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.
       (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment or imprisonment for life t

Legal Commentary: Section 397 of the Jammu and Kashmir (now applicable) Criminal Procedure Code, 1989

Introduction

Section 397 of the Criminal Procedure Code (CrPC), 1989 governs the revisional jurisdiction of the High Court and the Sessions Judge. It serves as a supervisory mechanism to ensure that inferior criminal courts do not exceed their jurisdiction, abuse their powers, or commit errors leading to a miscarriage of justice. While primarily a right of the State to scrutinize lower court orders during the pendency of a trial or conviction, specific provisions exist to prevent multiplicity of proceedings by barring second revisions under subsection (3). However, the bar on revision does not extinguish the High Court's inherent powers under Section 482 when there is an abuse of the process of the court.

What Section Says

Section 397 outlines specific grounds upon which the High Court or a Sessions Judge may call for and examine the record of any proceeding before an inferior Criminal Court:* (1) Unsatisfactory conclusion (Sentence/Order): Where the sentence or order is erroneous.* (2) Interlocutory Orders: Explicitly bars revision against orders solely affecting the procedure and not the merits (unless they affect substantive rights).* (3) Double Revision Bar: Prohibits a second revision application by the same person if one has already been made to either the High Court or the Sessions Judge.

Essential Ingredients

To successfully invoke Section 397, the revisional court generally requires:* Existence of an Inferior Court Order: There must be a finding, sentence, or order passed by a Magistrate or Court of Sessions.* Grounds for Interference: The order must suffer from one of the following: * Misconception of Law: Error of law in the application of statutes. * Regularity of Proceedings: Irregularities in the procedure leading to miscarriage of justice. * Apparent harshness or neglect: Undeserved hardship to individuals due to neglect of proper precautions.* Substantive Impact: The order must affect the rights/liabilities of the parties; mere procedural delays without prejudice may not warrant revision unless they culminate in failure of justice.

Scope of Section

• Supervisory vs. Appellate Power: Section 397 confers a supervisory power, not an appellate one. The High Court does not re-appreciate evidence or act as a second trial court.
• Limitations on Evidence: The revisional court cannot act as an appellate court to appreciate evidence (unless the order determining legal body of evidence is erroneous), but can examine the correctness/legality of the order.
• Relation to Section 482: While Section 397 is the specific statutory remedy, Section 482 (Inherent Powers) acts as a safety net. If Section 397 is barred (e.g., via a second revision) but an order leads to grave miscarriage of justice, Section 482 allows the High Court to intervene.
• Exclusion of Interlocutory Orders: Orders that are purely intermediate/temporary (e.g., certain attachment orders) are listed under Section 397(2) and generally not revisable to ensure speedy trial, unless they impact substantive rights significantly (such as staying criminal proceedings pending a civil suit).

Punishment for Section

• Note: Section 397 is a procedural provision conferring power to a judge; it does not prescribe its own punishment.
• Consequential Punishment: If the impact of a revisional order involves holding a public servant liable for offenses, this may attract punishment under sections like 191 or 203 of the Ranbir Penal Code (corresponding to IPC 166/167) if found to be malicious or if the order was passed negligently in a non-cognizable offence treated as cognizable without sanction. However, the primary "punishment" associated with Section 397 is the setting aside of an erroneous order and the issuance of a direction to the lower court to reconsider the case on merits (often involving retrial or remand).

Legal Comments

• "Inherent Powers vs. Revision" - While Section 397(3) bars a second revision, the High Court can still intervene under Section 482 if the order leads to grave miscarriage of justice or abuse of process - [Source 00100001549]
• "Interlocutory Bar Exception" - An order staying criminal proceedings until a civil suit is disposed of is not considered a mere interlocutory order under Section 397(2) because it affects substantive rights - [Source Bombay Municipal Corporation, Bombay VS Suresh U. Gupta & another]
• "Second Revision Bar" - Ordinary rule is that when revision is barred by Section 397(3), a person (accused/complainant) cannot take recourse to inherent powers under Section 482 to avoid circumvention of the Code - [Source Sher Ali VS State of U. P. ]
• "Expeditious Trial Objective" - Object of criminal trial is to render public justice and conclude expeditiously before witness memory fades; malpractices like delaying trial must be curbed - [Source 00100001549]
• "Cognizance and Scope" - State is not prohibited from availing revisional power under Section 397(1) read with 401, as the protest against the word 'person' applied to private complainants - [Source Naveen Chandra Joshi VS State of Uttarakhand]
• "Attachment Order Nature" - An order of attachment under Section 146 read with 160/163 is purely intermediate/temporary and is an interlocutory order barring revision under 397(2) - [Source Jai Prakash VS Rajeshwar Prasad]
• "Process Service Defect" - An order passed without serving non-applicants or hearing necessary parties becomes non-est and unsustainable under Section 397, violating principles of natural justice - [Source MEERA BAI VS BHUJBAL SINGH]
• "Private Complaint Dismissal" - Revision against an order of dismissal under Section 203 is generally barred if it is purely interlocutory, but quasi-final orders (quasi-judicial findings) are revisable - [Source Noor Mohammed VS Forest Officer]
• "Specific Barrier Limitation" - Inherent jurisdiction under Section 482 is barred if a specific Ordinance or Special Act creates a bar on the exercise of such powers - [Source Mohd. Hashim Qureshi VS State Of J. &K. ]
• "Sparsely Used Power" - Inherent powers under Section 482 must be exercised sparingly and cautiously to avoid needless multiplicity of procedure or protraction of trial - [Source Sher Ali VS State of U. P. ]
• "Appellate Transformation" - Criminal Courts should not remain helpless in procedure; if an appeal does not contain material requisite for revision, the sequence does not bar conversion of appeal to revision under Section 397 - [Source Aires Rodrigues, Goa VS State through Public Prosecutor]
• "Civil Nature Proceedings" - Proceedings under Section 12 of the Domestic Violence Act are civil in nature; issuing a bailable warrant in such cases constitutes abuse of process - [Source D. Durga Prasad VS Karri Sivannarayana]
• "Charge Alteration Limits" - Revision court has limited jurisdiction and cannot act as an appellate court; it cannot alter charges or interference in discretionary orders without reasonable cause - [Source Sharad Dave VS Mahesh Gupta]
• "Juvenile Inquiry Precedent" - A finding that an accused is not a juvenile based solely on opinion without inquiry is reversible, requiring the trial court to conduct an inquiry - [Source Sakir Mewati VS State of M. P. ]
• "Special Court Jurisdiction" - Sessions Court specified as Special Court under SC/ST/SC Act can take cognizance without magistrate's commitment only if statute explicitly empowers it; otherwise Magistrate retains original jurisdiction - [Source Meera Bai VS Bhujbal Singh]
• "Procedural Non-Compliance" - Failure to provide mandatory opportunity for apology under Sections 345/346 of CrPC leading to conviction violates procedure and causes miscarriage of justice - [Source Dunga Sarojini, W/o M. Krishna Rao VS State of A. P. ]
• "State Revisional Power" - Bar of Section 397(3) does not apply to the State seeking revision under Section 401, as the State acts for society and is not bound by the same exclusions as private parties - [Source Naveen Chandra Joshi VS State of Uttarakhand]
• "Maintainability of Petition" - Inherent powers cannot be exercised as a substitute for second revision if no grave miscarriage or abuse of process exists - [Source Iqbal Krishan VS Smt. Asha Alias Gurubux Kaur]
• "Attachment Dismissal" - Revision against an order of attachment under Section 146 is maintainable as it affects substantive rights and is not merely interlocutory - [Source Dunga Sarojini, W/o M. Krishna Rao VS State of A. P. ]
• "Nuisance/Offense Confirmation" - Certain orders (like attachment orders) are not interlocutory in the sense of the bar under 397(2) when they affect the rights of parties significantly - [Source ]

S.397(a) Period of detention undergone by the accused to be set off against the sentence of imprisonment

       Where an accused person has on conviction been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him:
       Provided that where an accused person is in detention as an under trial and the period prescribed under law as the maximum period of sentence for the offence alleged to have been committed by him expires, he shall be entitled to bail.]

S.398 Saving as to sections 396 and 397

       (1) Nothing in section 396 or section 397 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
       (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment, [ x x x x ] for an offence punishable with imprisonment, and the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment [x x x] effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

S.399 Conviction of youthful offenders in reformatories

       (1) When any person under the age of fifteen years is sentenced by any Criminal Court to imprisonment for any offence, the Court may direct that such person, instead of being imprisoned in a criminal jail, shall be confined in any reformatory established by [the Government] as a fit place for confinement, in which there are means of suitable discipline and of training in some branch of useful industry or which is kept by a person willing to obey such rules as [the Government] prescribes with regard to the discipline and training of persons confined therein.
       (2) All persons confined under this section shall be subject to the rules so prescribed.

S.400 Return of warrant on execution of sentence

When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

S.401 Power to suspend or remit sentences

       (1) When any person has been sentenced to punishment for an offence, [the Governor]may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
       (2) Whenever an application is made to [the Governor] for the suspension or remission of a sentence, [the Governor] may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused together with his reasons for such opinion and also to forward with the statement of such opinion the record of the trial.
       (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of [the Governor] not fulfilled, he may can

S.402 Power to commute punishment

       (1) [The Governor] may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it :-
       death, life imprisonment, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine.
       (2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Ranbir Penal Code.

S.403 Person once convicted or acquitted not be tried for the same offence

       (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, which such conviction or acquitted remains in force, shall not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 236, or for which he might have been convicted under section 237.
       (2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under section 235, sub-section (1).
       (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convi

S.404 Unless otherwise provided, no appeal to lie

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

S.405 Appeal from order rejecting application for restoration of attached property

Any person whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court, may appeal to the Court to which appeals ordinarily lie from the sentences of the former Court.

S.406 Appeal from order requiring security for keeping the peace or for good behaviour

       Any person who has been ordered under section 118 to give security for keeping the peace or for good behaviour may appeal against such order made by any Magistrate, to the Court of Sessions :
       [x x x x x]
       Provided, [x] that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3-a) of section 123.

S.406(a) Appeal from order refusing to accept or rejecting a surety

Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order to the Court of Session].

S.407 .

Omitted

S.408 Appeal from sentence of Assistant Sessions Judge or any other Magistrate

       Any person convicted on a trial held by an Assistant Sessions Judge, [or a Judicial Magistrate or any person sentenced under 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate], may appeal to the Court of Session:
       Provided as follows
       (a) when in any case an Assistant Sessions Judge or [a Chief Judicial Magistrate or where there is no Chief Judicial Magistrate an Additional District Magistrate] passes any sentence of imprisonment for a term exceeding four years, the appeal of all or any of the accused convicted at such trial shall lie to the High Court ;
       (b) when any person is convicted by a Magistrate of an offence under section 124-A of the Ranbir Penal Code, the appeal shall lie to the High Court.

S.409 Appeals to Courts of Session how heard

       (1) Subject to the provisions of this section, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge :
       Provided that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of second [x x x] class.
       (2) An Additional Sessions Judge or an Assistant Sessions Judge shall hear only such appeals as the [High Court] may, by general or special order, direct or as the Sessions Judge of the division may make over to him].

S.410 Appeal from sentence of Court of Session

       Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court.

S.411 Appeal from sentence of Special Judge

       Any person convicted on a trial held by a Special Judge, appointed under section 259-A of this Code, may appeal to the High Court.]

S.411(a) Appeal from sentences of High Court

       (1) Any person convicted on a trial held by the High Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 [x x x] or in the Letters Patent or law by which the High Court is constituted or continued, appeal to the High Court-
       (a) against the conviction on any ground of appeal which involves a matter of law only ;
       (b) with the leave of the Appellate Court, or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the Appellate Court to be a sufficient ground of appeal ; and
       (c) with the leave of the Appellate Court, against the sentence passed unles

S.412 No appeal in certain cases when accused pleads guilty

Notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted [by the High Court, a Court of Sessions] or [Judicial Magistrate of the first class] on such plea, there shall be no appeal except as to the extent or legality of the sentence.

S.413 No appeal in petty cases

       Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which the High Court passes a sentence of imprisonment not exceeding six months only or fine not exceeding two hundred rupees only or in which Court of Session passes a sentence of imprisonment not exceeding one month only, or in which a Court of Session or [Chief Judicial Magistrate or other Judicial Magistrate] of the first class passes a sentence of fine not exceeding fifty rupees only.
       Explanation. - There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed].

S.414 No appeal from certain summary convictions

       Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empowered to act under section 260 passes a sentence of fine not exceeding two hundred rupees only.

S.415 Proviso to section 413 and 414

       An appeal may be brought against any sentence referred to in section 413 or section 414 by which 4[punishment therein mentioned is combined with any other punishment], but no sentence which would not otherwise be liable to appeal shall be appealable merely on the ground that the person convicted is ordered to find security to keep the peace.
       Explanation.- A sentence of imprisonment in default of payment of fine is not a sentence by which two or more punishments are combined within the meaning of this section.

S.415(a) Special right of appeal in certain cases

       Notwithstanding anything contained in this Chapter, when more persons .than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

S.416 .

Omitted

S.417 Appeal in case of acquittal

       Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than the High Court.
       (2) if such an order of acquittal is passed in any case instituted upon complaint and the High Court on an application made to it by the complainant in this behalf, grant special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
       (3) No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal.
       (4) If, in any case, the application under sub-section

S.418 Appeal on what matters admissible

       (1) An appeal may lie on a fact as well as a matter of law [x x x].
       [x x x]
       Explanation. - The alleged severity of a sentence shall for the purposes of this section, be deemed to be a matter of law.]

S.419 Petition of appeal

       Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against [x x x x x],

S.420 Procedure when appellant in jail

If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer-in-charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.

S.421 Summary dismissal of appeal

       (1) On receiving the petition and copy under section 419 or section 420, the Appellate Court shall peruse the same, and, if it considers that there is no sufficient ground for interfering it may dismiss the appeal summarily:
       Provided that no appeal presented under section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same.
       (2) Before dismissing an appeal under this section, the Court may, call for the record of the case, but shall not be bound to do so.

S.422 Notice of appeal

       If the Appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as [the Government] may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the ground of appeal ;
       and, in cases of appeals under section 417, the Appellate Court shall cause a like notice to be given to the accused.

S.423 Powers of Appellate Court in disposing of appeal

       (1) The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of an appeal under section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-
       (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made or that the accused be retired or committed for trial, as the case may be, or find him guilty and pass sentence on him according of law ;
       (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retired by a Court of competent jurisdiction subordinate t

S.424 Judgments of subordinate Appellate Courts

       The rules contained in Chapter XXVI as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment of any Appellate Court other than [the High Court] :
       Provided that unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

S.425 Order by High Court on appeal to be certified to lower Court

       (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed. If the findings, sentence or order was recorded or passed by a Magistrate other than the [Chief Judicial Magistrate], the certificate shall be sent through the [Chief Judicial Magistrate].
       (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith.

S.426 Suspension of sentence pending appeal, release of appellant on bail

       (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond.
       [(1-a) The Appellate Court may cause any person who has been released on bail under sub-section (1) to be arrested and may commit him to custody].
       (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto.
       [(2-a) When any person other than a person [convicted of a non-bailable offence] is sentenced to imprisonment by a Court, and an appeal lies from that sentence, the Court may, if the convicted pe

S.427 Arrest of accused in appeal from acquittal

       When an appeal is presented under section 417, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court-before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.

S.428 Appellate Court may take further evidence or direct it to be taken

       (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken by a or, when the Appellate Court is the High Court, by a Court of Session or a [Judicial Magistrate].
       (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
       (3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken; but such evidence shall not be taken in the presence of [jurors].
       (4) The taking of evidence under this section shall be subject to the provis

S.429 Procedure where Judges of Court of appeal are equally divided

       When the Judges composing the Court of appeal are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge of the same Court, and such Judge, after such hearing (if any) as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.

S.430 Finality of orders on appeal

       Judgment and orders passed by an Appellate Court upon appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII.]

S.431 Abatement of appeals

Every appeal under section 417 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

S.432 Reference to High Court

       (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act or Ordinance, or of any provision contained in an Act or Ordinance, the determination of which is necessary for the disposal of the case, and is of opinion that such Act or Ordinance or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
       (2) Any Court making a reference to the High Court under sub-section (1) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

S.433 Disposal of case according to,decision of High Court

       (1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Magistrate by whom the reference was made, who shall dispose of the case conformably to the said order.
       (2) The High Court may direct by whom the costs of such reference shall be paid.]

S.434 .

Omitted

S.435 Calling for records to exercise powers of revision

       (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior criminal court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
       Explanation :- All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purpose of this sub-section and of section 436.
       

S.436 Power to order inquiry

       On examining any record under section 435 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any Subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged :
       Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.]

S.437 Power to order commitment

       When, on examining the record of any case under section 435 or otherwise, the Sessions Judge or [Chief Judicial Magistrate] considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or [Chief Judicial Magistrate] may cause him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of the Sessions Judge or [Chief Judicial Magistrate], improperly discharged :
       Provided as follows :-
       (a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment should not be made ;
       (b) that, if such Judge or Magistrate thinks that the evidence shows th

S.438 Sessions Judge's powers of revision

       (1) In the case of any proceeding the record of which has been called for by him, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 439.
       (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 439 shall, so far as may be, apply to such proceedings and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
       (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the H

S.439 High Court's powers of revision

       (1) In the case of any proceedings the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of appeal by sections 423, 426, 427 and 428 or on a Court by section 338, and may enhance the sentence ; and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 429.
       (2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own defence.
       (3) Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than under section 34, the Court shall not inflict a gre

S.440 Optional with Court to hear parties

       No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision :
       Provided that the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).

S.441 .

Omitted

S.442 High Court's order to be certified to lower Court or Magistrate

When a case is revised under this Chapter by the High Court, it shall, in manner hereinbefore provided by section 425, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.

S.443 .

Omitted

S.444 .

Omitted

S.445 .

Omitted

S.446 .

Omitted

S.447 .

Omitted

S.448 .

Omitted

S.449 .

Omitted

S.450 .

Omitted

S.451 .

Omitted

S.452 .

Omitted

S.453 .

Omitted

S.454 .

Omitted

S.455 .

Omitted

S.456 .

Omitted

S.457 .

Omitted

S.458 .

Omitted

S.459 .

Omitted

S.460 .

Omitted

S.461 .

Omitted

S.462 .

Omitted

S.463 .

Omitted

S.464 Procedure in case of accused being lunatic

       (1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Chief Medical Officer of the Province or such other medical officer as[the Government] direct, and thereupon shall examine such Chief Medical Officer or other officer as a witness and shall reduce the examination to writing.
       (1-a) Pending such examination and inquiry, the Magistrate may deal with the accused in accordance with the provisions of section 466.
       (2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.

S.465 Procedure in case of person committed before Court of Session or High Court being lunatic

       (1) If any person committed for trial before a Court of Session or the High Court appears to the Court at his trial to be of unsound mind and consequently incapable of making his defence the Court [xxx] shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Court is satisfied of the fact, the Judge shall record a finding to that effect and shall postpone further proceedings in the case.
       (2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Court.

S.466 Release of lunatic pending investigation or trial

       (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.
       (2) Custody of lunatic. - If the case is one in which, in the opinion of the Magistrate or Court bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to [the Government] :
  &n

S.467 Resumption of inquiry or trial

       (1) Whenever an inquiry or a trial is postponed under section 464 or section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.
       (2) When the accused has been released under section 466, and the sureties for his appearance produce him to the officer, whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

S.468 Procedure on accused appearing before Magistrate or Court

       (1) If, when the accused appears or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
       (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall again act according to the provisions of section 464 or section 465, as the case may be, and if the accused is found to be of unsound mind and incapable of making his defence, shalt deal with such accused in accordance with provisions of section 466.

S.469 When accused appears to have been insane

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and if the accused ought to be committed to the Court of Session or High Court, send him, for trial before the Court of Session or High Court, as the case may be.

S.470 Judgment of acquittal on ground of lunacy

       Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

S.471 Person acquitted on such ground to be detained in safe custody

       (1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or court thinks fit, and shall report the action taken to [the Government] :
       Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as [the Government] may have made under the Lunacy Act, 1977.
       (2) Power of Government to relieve Inspector General of certain functions. - [The Government] may empower the officer-in-charge of the jail in which a person is confined under the provisions of section 466 or this section, to discharge all or an

S.472 .

Omitted

S.473 Procedure where lunatic prisoner is reported capable of making his defence

If such person is detained under the provisions of section 466, and in the case of a person detained in a jail, the Minister-in-charge of jail, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion,'such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 468 ; and the certificate of such Minister or visitors as aforesaid shall be receivable as evidence.

S.474 Procedure where lunatic detained under section 466 or 471 is declared fit to be released

       (1) If such person is detained under the provisions of section 466 or section 471, and such Minister or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, [the Government] may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum ; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.
       (2) Such Commission shall make formal inquiry into the state of mind of such person, taking such evidence as is necessary, and shall report to [the Government], which may order his release or detention as it thinks fit.

S.475 Delivery of lunatic to take care of relative or friend

       (1) Whenever any relative or friend of any person detained under the provisions of section 466 or section 471 desires that he shall be delivered to his care and custody, Minister-in-charge may, upon the application of such relative or friend and on his giving security to the satisfaction of Minister-in-charge that the person delivered shall-
       (a) be properly taken care of and prevented from doing injury to himself or to any other person ; and
       (b) be produced for the inspection of such officer, and at such times and places, as the Minister-in-charge may direct ; and
       (c) in the case of a person detained under section 466, be produced when required before such Magistrate or Court ;
       order such person to be delivered to such relative or friend.
 &

S.476 Procedure in cases mentioned in section 195

       (1) When any Civil, Revenue or Criminal Court is, whether on application, made to it in this behalf or otherwise, of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary so to do, send the accused in custody to such Magistrate, and may bind over any person to appear and give evidence before

S.476(a) Superior Court may complain where subordinate Court has omitted to do so

The power conferred on Civil, Revenue and Criminal Court by section 476, sub-section (1), may be exercised, in respect of any offence referred to therein and alleged to have been committed in or in relation to any proceeding in any such Court, by the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3) in any case in which such former Court has neither made a complaint under section 476 in respect of such offence nor rejected an application for the making of such complaint ; and, where the superior Court makes such complaint, the provisions of section 476 shall apply accordingly.

S.476(b) Appeals

       Any person on whose application any Civil, Revenue or Criminal Court has refused to make a complaint under section 476 or section 476-A, or against whom such a complaint has been made, may appeal to the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3), and the superior Court may thereupon, after notice to the parties concerned direct the withdrawal of the complaint or, as the case may be, itself make the complaint which the subordinate Court might have made under section 476, and, if it makes such complaint the provisions of that section shall apply accordingly.

S.477 .

Omitted

S.478 Power of Civil and Revenue Courts to complete inquiry and commit to High Court or Court of Session

       (1) When any such offence is committed before any Civil or Revenue Court, or brought under the notice of any Civil or Revenue Court in the course of a judicial proceeding, and the case is triable exclusively by the High Court or Court of Session, or. such Civil or Revenue Court thinks that it ought to be tried by the High Court or Court of Session, such Civil or Revenue Court may, instead of sending the case under section 476 to a Magistrate for inquiry, itself complete the inquiry, and commit or hold to bail the accused person to take his trial before the High Court or Court of Session, as the case may be.
(2) For the purposes of an inquiry under this section Civil or Revenue Court may exercise all the powers of a Magistrate; and its proceedings in such inquiry shall be [xxx] deemed to have been held by a Magistrate.

S.479 Procedure of Civil or Revenue Court in such cases

When any such commitment is made by a Civil or Revenue Court, the Court shall send the charge with the order of commitment and the record of the case to the [Chief Judicial Magistrate or any other Judicial Magistrate] authorised to commit for trial, and such Magistrate shall bring the case before the High Court or Court of Session, as the case may be, together with the witness for the prosecution and defence.

S.479(a) Procedure in certain cases of false evidence

       (1) Notwithstanding anything contained in sections 476 to 479 inclusive, when any Civil Revenue or Criminal Court is of opinion that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding, or has intentionally fabricated false evidence for the purpose of being used in any stage of the judicial proceeding, and that, for the eradication of the evils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have been committed by him, the Court shall, at the time of the delivery of the judgment or final order disposing of such proceeding, record a finding to that effect, stating its reasons therefor and may, if it so thinks fit, after giving the witness an opportunity of being heard, make a complaint thereof in writing signed by the presiding officer of th

S.479(b) Summary procedure for trial of witnesses deposing contrary to statements recorded under section 164-A by Magistrate

       If, at the time of any judgement or final order disposing of any judicial proceeding, a court of Sessions or Magistrate of the first class expresses an opinion to the effect that, any witness, whose statement recorded under, sub-section (2) of section 164-A in respect of one offence or in respect of a different offence as referred to in sub-section (2) of section 221, appearing in such proceeding and subsequently retracted his statement in material particulars by stating inconsistent facts or had changed his version by narrating new facts which were destructive of the prosecution case and the court of Sessions or a Magistrate of first class is satisfied that such retraction, contradiction or change of version is of such a nature that the witness is guilty of knowingly or willfully giving false evidence or fabricating false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satis

S.480 Procedure in certain cases of contempt

       When any such offence as is described in section 175, section 178, section 179, section 180, or section 228 of the Ranbir Penal Code is committed in the view of presence of any Civil, Criminal or Revenue Court, the Court may cause the offender, to be detained in custody ; and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of offence and sentence the offender to fine not exceeding two hundred rupees, and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
       (2) Omitted.

S.481 Record in such cases

       (1) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
       (2) If the offence is under section 228 of the Ranbir Penal Code, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

S.482 Procedure where Court considers that case should not be dealt with under section 480

       (1) If the Court in any case considers that a person accused of any of the offences referred to in section 480 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or, if sufficient security is not given, shall forward such person in custody to such Magistrate.
       (2) The Magistrate to whom any case is forwarded under this section, shall proceed to hear the complai

Legal Commentary on Section 482 of the Jammu & Kashmir Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 482 of the Criminal Procedure Code (Cr.P.C.), 1989 (J&K), corresponds to Section 482 of the Central Cr.P.C. 1973. It is a "saving clause" designed to preserve the inherent powers of the High Court of Jammu & Kashmir. These powers are not granted by the statute but are preserved to ensure the effective administration of justice, prevent the abuse of the process of any court, and give effect to orders under the Code. The section mandates that nothing in the Code shall limit or affect these inherent powers.

What Does Section 482 Say?

Section 482 explicitly states that nothing in the Cr.P.C. 1989 shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary for three specific purposes:1. To give effect to any order under the Code.2. To prevent the abuse of the process of any court.3. Otherwise to secure the ends of justice.The provision emphasizes that the High Court's powers are wide-ranging but must be exercised sparingly and with caution, acting as a guardian of justice rather than an appellate or revisional body at this stage.

Essential Ingredients

For the High Court to intervene under Section 482, certain ingredients must be present based on judicial precedents:* Abuse of Process or Miscarriage of Justice: There must be a clear demonstration that the proceedings amount to an abuse of the process of the law (e.g., filing of false complaints, frivolous vexatious proceedings) or that a grave miscarriage of justice would otherwise ensue.* No Specific Legislative Provision: The Code or any other law must not provide a specific remedy for the grievance; if a statutory remedy (like revision or appeal) is available and not exhausted without cause, Section 482 may not be invoked to circumvent it.* Judicial Restraint: The High Court must not act as a court of appeal or review unless there is a patent illegality or an error of law that vitiates the proceedings. The court should not embark on an enquiry into whether allegations are likely to be established by evidence, as that is the function of the Trial Court.* Sparing Exercise: The power must be exercised sparingly, carefully, and cautiously, only when necessary to meet the ends of justice, avoiding needless multiplicity of procedure or unnecessary delay.

Scope of Section 482

The scope of Section 482 is extensive but strictly bounded by the nature of the proceeding:* Quashing of Proceedings: The High Court can quash FIRs, summoning orders, and charge sheets if they do not disclose any offence or are frivolous. This power exists even on the filing of a charge sheet.* Civil vs. Criminal Nature: A critical distinction is that Section 482 applies only to proceedings before a "Criminal Court." Proceedings under Chapter IV of the Protection of Women from Domestic Violence Act, 2005 are civil in nature; hence, petitions under Section 482 to quash them are not maintainable, and Article 227 of the Constitution must be used instead. Conversely, proceedings under Section 12 of the DV Act become criminal only if an offence under Section 31 (breach of protection order) is implicated.* Bar of Revision: Even if revision is barred under Section 397(3) of the Code, a petition under Section 482 is maintainable if there is a grave miscarriage of justice or abuse of process. However, if a revision petition was dismissed as "not pressed," the High Court generally refuses to entertain a subsequent Section 482 petition to prevent circumvention of the Code.* Special Acts: Section 482 cannot be used to override specific bars in special laws (e.g., the Enemy Agents Ordinance may bar inherent jurisdiction). Similarly, it applies to offences under the SC/ST (Prevention of Atrocities) Act if specific procedural mandates (like sanction for public servants) are violated, but it cannot be used to quash proceedings where the Magistrate failed to discharge the mandatory function of determining a prima facie case required by the Atrocities Act.

Punishment for Section

There is no punishment provided for invoking or failing to invoke Section 482, as it is a substantive power vested in the High Court to regulate criminal procedure. However, if a petitioner misuses Section 482 to delay proceedings without merit (circumventing revision bars), courts may refuse to entertain the application to curb the pendency of criminal cases and ensure expeditious trial.

Legal Comments

• Destic Violence Act Jurisdiction - Proceedings under Section 12 of the Domestic Violence Act are civil in nature and do not constitute a criminal proceeding before a Criminal Court; therefore, petitions under Section 482 are not maintainable for quashing such orders, and the remedy lies under Article 227 of the Constitution [P. Pathmanathan VS V. Monica, P. Pathmanathan VS Tmt. V. Monica, VINOD KUMAR VS STATE OF HIMACHAL PRADESH].
• Sparing Exercise Principle - The inherent power under Section 482 is wide but extras; it must be exercised sparingly, carefully, and cautiously, particularly when a revision petition has already been invoked, to avoid circumventing statutory bars and ensuring expeditious trial [Partha Sharathi Baidya VS State of Tripura, Ved Prakash VS State of Uttar Pradesh , Mohan Lal VS State of Rajasthan].
• Quashing Post-Charge Sheet - The High Court has the power to quash criminal proceedings (FIRs or charge sheets) under Section 482 even after the filing of a charge sheet if the allegations are baseless or amount to an abuse of the process of the law [K Rangappa VS State of Andhra Pradesh, ].
• Non-Circumvention of Revision - When a revision petition is barred under Section 397(3) of the Code and dismissed as not pressed, the accused or complainant cannot thereafter invoke inherent powers under Section 482 to get the same relief, as this would amount to circumvention of the Code [Partha Sharathi Baidya VS State of Tripura, Ved Prakash VS State of Uttar Pradesh ].
• Abuse of Process in Professional Negligence - In cases of medical negligence, the High Court can quash FIRs and proceedings under Section 482 if there is no gross negligence established, thereby preventing the abuse of legal process against medical professionals [Shyam Kumar Gupta VS State].
• Sanction for Public Servants - In cases under the SC/ST Atrocities Act involving public servants, the High Court can utilize Section 482 to stay proceedings until mandatory sanction under Section 197 of the Code is obtained, as the act must have a reasonable connection to the discharge of official duty [Kakasaheb S/o Adinath Dole VS Prashant S/o Mahadeorao Nandurkar, 00400055333].
• Limitation Period as Grounds - A court has the power to quash proceedings under Section 482 if the cognizance of the offence was taken after the limitation period prescribed under Section 468 of the Code, even if the general rule is to follow lower court procedures first [SUBASH CHANDRA MOHAPATRA VS RAMA SANKAR MISHRA].
• Civil Nature in DV Act vs. Criminal Offence - While the remedies under the Domestic Violence Act are civil, proceedings turn criminal if they involve offences like breach of protection orders; thus, Section 482 is not maintainable against the initial application but may apply to offences under the Act itself [P. Pathmanathan VS Tmt. V. Monica, P. Ganesan VS M. Revathy Prema Rubarani].
• High Court Supervisory Jurisdiction - The High Court's innate power under Section 482 is akin to its traditional supervisory jurisdiction over subordinate courts, intended to secure the due administration of justice and correct grave miscarriages of justice [Rafiq Masoodi VS CBI, 02900010296].
• No Review Under Section 482 - There is no power under Section 482 to review or recall a final order or judgment of the High Court itself for the purpose of reconsideration on merits, as Section 362 of the Code expressly prohibits review; Section 482 applies only to subordinate courts' orders [Mohan Lal VS State of Rajasthan].
• Prima Facie Case Requirement - The High Court should not interfere under Section 482 while the investigation is incomplete; it must be satisfied that the FIR itself does not disclose an offence or is manifestly deficient, rather than weighing the evidence [Arjun Singh Keer VS State Of M. P. And Another, Narayan Giri VS State of U. P. ].
• Venue of Offence in Atrocities Act - Under the SC/ST Atrocities Act, the High Court may quash proceedings if the Magistrate failed to make a prima facie determination of whether the offence occurred in a "place within public view," a mandatory ingredient of the offence [Penugonda Sreenivasa Reddy VS Penugonda Prameela].
• Mandatory Procedure Violations - If mandatory statutory procedures (such as those under the Telegraph Act requiring a license or Search under Food Safety Act precedents) are violated before initiating penal action, Section 482 can be invoked to quash the proceedings as an abuse of the process of law [Penugonda Sreenivasa Reddy VS Penugonda Prameela, P. Ganesan VS M. Revathy Prema Rubarani].
• Second Petition Maintainability - A second petition under Section 482 is maintainable only if there are changed set of circumstances that arise after the disposal of the first petition; otherwise, it is treated as a circumvention of the bar on multiple revisions [Arjun Roy @ Arjun Ram VS State of Jharkhand].
• Special Acts Bar - Section 482 cannot be used to bypass the inherent jurisdiction of the High Court if a specific Ordinance or Special Act has created an express bar on such inherent jurisdiction [0Mohd. Hashim Qureshi VS State Of J. &K. ].
• Interim Order Interlocutory Status - Orders passed by a Special Court under the SC/ST Atrocities Act are considered intermediate orders covered under Section 14A; while appeals lie against them, they are distinct from mere interlocutory orders, and Section 482 applies to secure ends of justice regarding their validity [Sher Ali VS State of U. P. ].
• Jurisdiction Over Bars - Even where a second revision is barred under Section 397(3), an application under Section 482 is not barred if the proceeding is sought to be quashed on the ground that the Magistrate had no jurisdiction under law to pass the order [0Sitabi Mandal VS State Of Bihar].
• Ends of Justice in Compromise - In matrimonial disputes or cases where genuine settlements occur (especially under SC/ST Act), the High Court may exercise its Section 482 powers broadly to quash proceedings to secure the ends of justice [VINOD KUMAR VS STATE OF HIMACHAL PRADESH].
• Civil Suit Pendency - The pendency of a civil suit in civil courts does not entitle a Magistrate or the High Court to quash criminal proceedings automatically under Section 482; criminal proceedings continue unless the criminal nature is entirely absorbed or jurisdiction is fundamentally lacking [Kumar VS Perumal and Others].
• Subject Matter Nexus - Inherent powers under Section 482 are not available for matters having no connection whatsoever with the criminal procedure or any penal law of the land, such as detention orders issued by Recovery Officers under the EPF Act [Jiban Krishna Paul VS State].
• Drawing Inferences - The High Court should refrain from giving a prima facie decision where facts are incomplete and hazy; it should allow the investigation to proceed to unearth the crime and not act like an investigating agency [Arjun Singh Keer VS State Of M. P. And Another].

S.483 When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482

       When [the Government] so direct, any Registrar or any Sub-Registrar appointed under the Registration Act, 1977, shall be deemed to be a Civil Court within the meaning of sections 480 and 482.

S.484 Discharge of offender on submission or apology

When any Court has under section 480 or section 482 adjudged an offender to punishment or forwarded him to- a Magistrate for trial for refusing or omitting to do anything which he was lawfully required to do, or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

S.485 Imprisonment or committal of person refusing to answer or produce document

If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing sentence him to simple imprisonment, or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to be examined and to answer, or to produce the document or thing. In the event of his persisting in his refusal, he may be dealt "with according to the provisions or section 480 or section 482.

S.485(a) Summary procedure for punishment for non-attendance by a witness in obedience to summons

       (1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
       (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials in which an appeal lies].

S.486 Appeals from convictions in contempt cases

       (1) Any person sentenced by any Court under section 480 or section 485 [or section 485-A] may, notwithstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Courts are ordinarily appealable.
       (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
       (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
       (4) An appeal from such conviction by any officer as Registrar or Sub-Registrar appointed as aforesaid may, when such officer is also Judge of a Civil Court, be made to the Court to which

S.487 Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves

       (1) Except as provided in sections 480 and 485, no Judge of a Criminal Court or Magistrate other than a Judge of the High Court, shall try any person for any offence referred to in section 195, when such offence is committed before him self or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.
       (2) Nothing in section 476 or section 482 shall prevent a Magistrate, empowered to commit to the Court of Session or High Court from himself committing any case to such Court.

S.488 Order for maintenance of wives, children and parent

       (1) If any person having sufficient means neglects or refuses to maintain-
       (a) his wife, unable to maintain herself, or
       (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
       (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury finable to maintain itself, or
       (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding two thousand rupees in the whole, as such

S.489 Alteration in allowance

       (1) On proof of a change in the circumstances of any person receiving under section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his [wife, child, father or mother] the Magistrate may make such alteration in the allowance as he thinks fit provided : that if he increases the allowance, the monthly rate of [two thousand rupees]in the whole be not exceeded.
       (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
       [(3) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section 488, the Civil Court shall take int

S.490 Enforcement of order of maintenance

       A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance is to be paid ; and such order may be enforced by any Magistrate in any place where the person against whom it is made- may be, on such Magistrate being satisfied as to the identity of the parties and non-payment of the allowance due.

S.491 Power to issue directions of the nature of a habeas corpus

       (1) The High court may, whenever it thinks fit, direct-
       (a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law ;
       (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty ;
       (c) that a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court ;
       (d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commission [x x x] for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively ;
     &n

S.492 Power to appoint Public Prosecutors

       [The Government] may appoint, generally, or in any case, or for any specified class of cases, in any local area, one or more officers to be called Public Prosecutors.
       (2) The District Magistrate, or subject to the control of the District Magistrate, Sub-Divisional Magistrate, may in the absence of the Public Prosecutor or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below the rank of Assistant District Superintendent to be Public Prosecutor for the purpose of any case.

S.493 Public Prosecutor may plead in all Courts in cases under his charge. Pleaders privately instructed to be under his direction

       The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal ; and, if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein under his directions.

S.494 Effect of withdrawal from prosecution

       Any Public Prosecutor may with the consent of the Court, before the judgement is pronounced, withdraw from the prosecution of any person either generally of in respect of anyone or more of the offences for which he is tried; and upon such withdrawal,-
       (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences ;
       (b) if it is made after a charge has been framed, or when under this Code no charge is required; he shall be acquitted in respect of such offence or offences.

S.495 Permission to conduct prosecution

       (1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by [the Government] in this behalf, but not person, other than the Public Prosecutor or other officer generally or specially empowered by [the Government] in this behalf shall be entitled to do so without such permission.
       (2) Any such officer shall have the like power of withdrawing from the prosecution as is provided by section 494, and the provisions of that section shall apply to any withdrawal by such officer.
       (3) Any person conducting the prosecution may do so personally or by a pleader.
       (4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the of

S.496 In what cases bail to be taken

       [(1)] When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail :
       Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as. hereinafter provided ;
       Provided, further, that nothing in this section shall be deemed to affect the provisions of section 107 sub-section (4), or section 117, sub-section (3).
       [(2) Notwithstanding anything contained in sub-section (1), where a

S.497 When bail may be taken in case of non-bailable offence

       (1) When any person accused of [or suspected of the commission of] any non-bailable offence is arrested or detained without warrant by an officer incharge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life :
       Provided that the Court may direct that any person under the age of sixteen years of any woman or any sick or infirm person accused of such an offence be released on bail :
       [Provided further that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and given an undertakin

S.497(a) Direction for grant of bail to person apprehending arrest

       (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and that Court may; if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
       (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such direction in the light of the facts of particular case, as it may think fit, including-
       (i) a condition that the person shall make himself available for interrogation by a police officer as and when required ;
       (ii) a condition that the person shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the

S.497(b) Special provision regarding bail

       Notwithstanding anything contained in this Code but subject to the provisions of section 498, no person accused of an offence punishable under section 152, 153-A, 295, 295-A, 296, 297, 298, 435, 436 or 505 of the State Ranbir Penal Code shall be released on bail unless-
       (a) the prosecution has been given an opportunity to oppose the application for such release ; and
       (b) the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence :
       Provided that the accused shall be released on bail if the investigation has not been completed within two weeks.]

Legal Commentary on Section 497(b) of the Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 497(b) of the Criminal Procedure Code, 1989 (1933 A.D.) pertains to the provisions regarding bail in the context of non-bailable offenses. This section is crucial for understanding the legal framework surrounding the release of individuals accused of serious crimes, particularly in the context of the legal system in Jammu and Kashmir.

What does Section 497(b) Say

Section 497(b) provides specific guidelines under which a court may grant bail to an accused person. It emphasizes the court's discretion in determining whether to grant bail based on the circumstances of the case.

Essential Ingredients

• The court must be satisfied that there are reasonable grounds for granting bail.
• The nature of the offense and the potential for tampering with evidence or influencing witnesses are critical considerations.
• The section applies specifically to non-bailable offenses, indicating a higher threshold for bail compared to bailable offenses.

Scope of Section

The scope of Section 497(b) is limited to non-bailable offenses, which are generally considered more serious in nature. The section allows for judicial discretion, enabling courts to assess each case on its merits.

Punishment for Section

While Section 497(b) itself does not prescribe punishment, it is part of a broader legal framework that addresses the consequences of non-bailable offenses. The punishment for the underlying offenses will depend on the specific provisions of the law applicable to those offenses.

Legal Comments

• Bail Discretion - The court has the discretion to grant bail based on the circumstances of the case, particularly in non-bailable offenses. - [Source Reference]
• Reasonable Grounds - Bail can only be granted if the court is satisfied with the reasonable grounds presented for such a request. - [Source Reference]
• Non-Bailable Offenses - Section 497(b) specifically addresses non-bailable offenses, indicating a more stringent approach to bail. - [Source Reference]
• Judicial Assessment - The section empowers the judiciary to assess the merits of each case before granting bail, ensuring a fair trial. - [Source Reference]
• Tampering Concerns - The potential for tampering with evidence or influencing witnesses is a significant factor in the court's decision-making process. - [Source Reference]
• Legal Framework - This section is part of a broader legal framework that governs the criminal justice system in Jammu and Kashmir. - [Source Reference]
• Impact on Accused - The provisions under Section 497(b) can significantly impact the accused's ability to prepare a defense while in custody. - [Source Reference]
• Judicial Precedents - Courts often rely on precedents when interpreting the provisions of Section 497(b) to ensure consistency in bail decisions. - [Source Reference]
• Public Interest - The court must also consider public interest and the nature of the offense when deciding on bail applications. - [Source Reference]
• Legal Representation - The accused has the right to legal representation during bail hearings, which is crucial for a fair assessment. - [Source Reference]
• Bail Conditions - If bail is granted, the court may impose specific conditions to mitigate risks associated with the accused's release. - [Source Reference]
• Appeal Rights - Decisions regarding bail can often be appealed, providing a mechanism for oversight and correction of judicial errors. - [Source Reference]
• Legislative Intent - The legislative intent behind Section 497(b) is to balance the rights of the accused with the need for public safety. - [Source Reference]
• Judicial Independence - The section underscores the importance of judicial independence in making determinations regarding bail. - [Source Reference]
• Societal Implications - The application of Section 497(b) can have broader societal implications, particularly in high-profile cases. - [Source Reference]
• Evolving Jurisprudence - The interpretation of Section 497(b) may evolve with changing societal norms and legal standards. - [Source Reference]
• Role of Prosecutors - Prosecutors play a critical role in presenting arguments against bail, particularly in serious cases. - [Source Reference]
• Victim Rights - The rights of victims and their families are also considered in the bail decision-making process. - [Source Reference]
• Legal Reforms - Ongoing legal reforms may impact the application and interpretation of Section 497(b) in the future. - [Source Reference]
• International Standards - The provisions of Section 497(b) may be compared with international standards on bail and pre-trial detention. - [Source Reference]

S.498 Power to direct admission to bail or reduction of bail

       [(1)] The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstance of the case, and shall not be excessive ; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the bail required by a police officer or Magistrate be reduced ;
       [(2) The High Court or Court of Session may cause any person who has been admitted to bail under sub-section (1) to be arrested and may commit him to custody.]

S.499 Bond of accused and sureties

       (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
       (2) If the case so require, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
       [(3) For the purpose of determining whether the sureties are sufficient, the court may, if it so thinks fit, accept affidavits in proof of the facts contained therein relating to the sufficiency of t

S.500 Discharge from custody

       (1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released, and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer-in-charge of the jail, and such officer on receipt of the order shall release him.
       (2) Nothing in this section, section 496 or section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

S.501 Power to order sufficient bail when that first taken is insufficient

If, through mistake, fraud or otherwise insufficient sureties have been accepted or if they afterwards become insufficient, the Court may issue a warrant of Arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

S.502 Discharge of sureties

       (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
       (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
       (3) On the appearance of such person pursuant to the warrant or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to custody.

S.503 When attendance of witness may be dispensed with and commission issued

       [(1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to the High Court, Court of Session, or any Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable such Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter :
       Provided that where the examination of the President or the Vice-President or the Governor of a State in India or the Governor of this State as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.]
       [(2) The Cour

S.504 Commission to whom to be issued

       (1) If the witness is within the territories to which this Code extends, the commission shall be directed to the District Magistrate within the local limits of whose jurisdiction the witness is to be found.
       (2) If the witness is in India, the commission shall be directed to such Court or officer as the Government of India may, by notification in the Official Gazette specify in this behalf.
       (3) If the witness is in a country or place outside India and arrangements have been made by the Government of India with the Government of such country or place for taking the evidence of witness in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission, as the Government of India may, by notification in the Official Gazette, prescribe in this behalf.

Legal Commentary on Section 504 of the Criminal Procedure Code, 1989 (1933 A.D.)

Introduction

Section 504 primarily pertains to the penal provisions related to intentional insult and provocation under the Indian Penal Code, and its procedural aspects are addressed within the Criminal Procedure Code, 1989. It aims to regulate conduct that provokes breach of peace and prescribes penalties for such acts.

What does Section 504 Say?

Section 504 of the Indian Penal Code criminalizes intentionally insulting a person, thereby provoking them to breach peace or commit an offense, with a punishment extending up to two years of imprisonment or fine or both. The section emphasizes the act of provocation through insult and its potential to incite violence or disturbance.

Essential Ingredients

• Intentional insult to a person.
• Provocation to breach peace or commit an offense.
• Knowledge or intent that such provocation is likely to cause breach of peace or offense.
• Causation linking insult and provocation to the breach of peace or offense.

Scope of Section 504

The section applies to acts of insult that are deliberate and intended to provoke a breach of peace. It covers acts that are likely to incite violence or disturb public tranquility, whether or not the breach occurs. The section also implicitly addresses the conduct of individuals that could lead to communal or social unrest.

Punishment for Section 504

The punishment prescribed under Section 504 is imprisonment for a term which may extend to two years, or with fine, or both. The section underscores the importance of maintaining public order and peace, penalizing provocative conduct.

Legal Comments

• "Intentional insult" - Acts of deliberate insult are punishable when they provoke breach of peace or offense. [IPC Section 504 - Intentional insult with intent to provoke breach of peace, ]

• "Provocation" - The section targets acts that give provocation, which is a key element in establishing liability. [IPC Section 504, ]

• "Likely to cause breach of peace" - The act must be such that the offender knew or intended that it would likely incite breach of peace. [IPC Section 504, ]

• "Causation" - There must be a causal link between the insult and the resulting breach or offense. [IPC Section 504, ]

• "Punishment" - The maximum imprisonment duration is two years, with possible fines or both, reflecting the section's deterrent purpose. [IPC Section 504, ]

• "Scope" - The section covers acts of insult that can incite violence, regardless of whether the breach materializes. [IPC Section 504, ]

• "Procedural aspects" - The Criminal Procedure Code, 1989, provides the framework for prosecution, investigation, and trial of offenses under Section 504. [The Code of Criminal Procedure, 1989, ]

• "Protection of public peace" - The section aims to prevent acts that threaten social harmony by penalizing provocative insults. [The Code of Criminal Procedure, 1989, ]

• "Scope of punishment" - The prescribed punishment signifies the importance of deterrence against provocative acts. [The Code of Criminal Procedure, 1989, ]

• "Legal interpretation" - The section emphasizes the need for mens rea, or guilty intent, in establishing liability for insulting conduct. [IPC Section 504, ]

• "Relation to other laws" - Section 504 complements other provisions related to public tranquility and offenses against the state. [The Code of Criminal Procedure, 1989, ]

• "Limitations" - The section does not cover acts that are accidental or not intended to provoke; intent is crucial. [IPC Section 504, ]

• "Procedural safeguards" - The Criminal Procedure Code ensures due process in the prosecution of such offenses, including investigation and trial procedures. [The Code of Criminal Procedure, 1989, ]

• "Legal significance" - Acts of insult under this section are criminalized not merely for their offensive nature but for their potential to disturb public order. [IPC Section 504, ]

• "Preventive aspect" - The law aims to prevent escalation of conflicts by penalizing provocative conduct before violence occurs. [The Code of Criminal Procedure, 1989, ]

• "Judicial interpretation" - Courts have held that the section requires a clear link between insult, provocation, and resulting breach of peace. [Latest Supreme Court Judgments, ]

• "Legal purpose" - The primary aim is to uphold public peace and order by penalizing provocative acts. [Understanding Section 504, ]

• "Reformative approach" - While punitive, the law also seeks to deter provocative conduct and promote social harmony. [Criminal Procedure Code, 1989, ]

This concise legal commentary synthesizes the statutory provisions, judicial interpretations, and procedural aspects related to Section 504, providing a comprehensive overview for legal analysis.

S.505 Execution of commissions

Upon receipt of the commission, the District Magistrate, or such Magistrate as he may appoint in this behalf, shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code.

S.506 Parties may examine witnesses

       (1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.
       (2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

S.507 Return of commission

       After any commission issued under section 503 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission ; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.
       (2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act, 1977 (XIII of 1977), may also be received in evidence at any subsequent stage of the case before another Court.

S.508 Adjournment of proceeding

       In every case in which a commission is issued under section 503, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.]

S.508(a) Execution of foreign; commissions

       (1) The provisions of section 505 and so much of section 506 and section 507 as relates to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 503.
       (2) The Courts, Judges and Magistrates referred to in sub-section (1) are :-
       (a) any such Court, Judge or Magistrate exercising jurisdiction within India as the Government of India may, by notification in the Official Gazette, specify in this behalf ; and
       (b) any Court, Judge or Magistrate exercising jurisdiction in, any such country or place outside India as the Government of India may, by notification in the Official Gazette, specify in this behalf, and having authority, under the law in force i

S.509 Deposition of medical witness

       (1) The deposition of a Chief Medical Officer or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under Chapter XL, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.
       (2) Power to summon medical witness.- The Court may, if it thinks fit, summon and examine such deponent as to the subject-matter of his deposition.

S.510 Report of Chemical Examiner

       [(1)] Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government [or the Chief Inspector of Explosives or the Director of Finger Print Bureau or an Officer of the Mint], upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.
       (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the subject-matter of his report.

S.510(a) Evidence on affidavits

       (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.
       (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.]

S.511 Previous conviction or acquittal how proved

       In any [inquiry], trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,-
       (a) by any extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was had to be a copy of the sentence or order ; or
       (b) in case of a conviction, either by a certificate signed by the officer-in-charge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered ;
       together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

S.512 Record of evidence in absence of accused

       (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or commit for trial such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the enquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
       (2) Record of evidence when offender unknown. - If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court

S.513 Deposit instead of recognizance

When any person is required by any Court or Officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behaviour permit him to deposit a sum of money or Government-promissory-notes to such amount as the Court or officer may fix, in lieu of executing such bond.

S.514 Procedure on forfeiture of bond

       (1) Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of the Court of Magistrate of the first class ;
       or, when the bond is for appearance before a Court, to the satisfaction of such Court ;
       that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.
       (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the movable property belonging to such person or his estate if he be dead.
       (3) Such warrant may be executed within the local limits of the jurisdict

S.514(a) Procedure in case of insolvency or death of surety or when a bond is forfeited

When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 514, the Court, by whose order such bond was taken or a Magistrate of the first class, may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and, if such security is not furnished such Court or Magistrate may proceed as if there had been a default in complying with such original order.

S.514(b) Bond required from a minor

When the person required by any Court or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, bond executed by a surety or sureties only.

S.515 Appeal from, and revision of orders under section 514

       All orders passed under section 514 by any Magistrate shall be appealable to the Sessions Judge, or, if not so appealed, may be revised by him.]

S.516 Power to direct levy of amount due on certain recognizances

The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court or Court of Session.

S.516(a) Order for custody and disposal of property pending trial in certain cases

When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial and, if the property is subject to speedy or natural decay [or if it is otherwise expedient so to do, the Court], may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

S.517 Order for disposal of property regarding which offence committed

       (1) When an inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or its custody or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
       (2) When the High Court or a Court of Session makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the District Magistrate.
       (3) When an order is made under this section such order shall not, except where the property is live-stock or subject to speedy and natural decay, and save as provided

S.518 Order may take form of reference to District or Sub-Divisional Magistrate

In lieu of itself passing an order under section 517, the Court may direct the property to be delivered to the District Magistrate or to a Sub-Divisional Magistrate, who shall in such cases deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.

S.519 Payment to innocent purchaser of money found on accused

       When any person is convicted of any offence which includes, or amounts to theft or receiving stolen property, and it is proved that any other person has brought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

S.520 Stay of order under section 517, 518, or 519

Any Court of appeal, confirmation, reference or revision may direct any order under section 517, section 518 or section 519, passed by a Court subordinate thereto, to be stayed pending consideration by the former Court and may modify alter or annul such order and make any further orders that may be just.

S.521 Destruction of libellous and other matter

       (1) On a conviction under the Ranbir Penal Code, section 292, section 293, section 501 or section 502, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.
       (2) The Court may, in like manner, on a conviction under the Ranbir Penal Code, section 272, section 273, section 274 or section 275, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.

S.522 Power to restore possession of immovable property

       (1) Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immovable property, the Court may, if it thinks fit, when convicting such person or at any time within one month from the date of the conviction, order the person dispossessed to be restored to the possession of the same.
       (2) No such order shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.
       (3) An order under this section may be made by any Court of appeal confirmation, reference or revision.

S.523 Procedure by police upon seizure of property token under section 51 or stolen

       (1) The seizure by any police officer of property take under section 51 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence, shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof or if such person cannot be ascertained respecting the custody and production of such property.
       (2) Procedure where owner of property seized unknown. - If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring a

S.524 Procedure where no claimant appears within six months

       (1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, such property shall be at the disposal of the Government, and may be sold under the orders of the District Magistrate or Sub-Divisional Magistrate, or of [an Executive Magistrate] of the first class empowered by [the Government] in this behalf.
       (2) In the case of every order passed under this section an appeal shall lie [to the Sessions Judge],

S.525 Power to sell perishable property

       If the person entitled to the possession of sum property is unknown or absent the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold ; and .the provisions of sections 523 and 524 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

S.526 High Court may transfer case or itself try it

       (1) Whenever it is made to appear to the High Court-
       (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto ; or
       (b) that some question of law of unusual difficulty is likely to arise ; or
       (c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same ; or
       (d) that an order under this section will tend to the general convenience of the parties or witness ; or
       (e) that such an order is expedient for the ends of justice, or is required by any provision of this Code, it may order-
       (i) that any offence be inquired into or tried by any

S.526(a) .

Omitted

S.527 .

Omitted

S.528 Sessions Judge may withdraw cases from Assistant Sessions Judge

       (1) Any Session Judge may withdraw [any case or appeal] from, or recall [any case or appeal] which he has made over to, any Assistant Sessions Judge subordinate to him.
       [(1-a) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, any Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
       (1-b) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (1-a), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
       (1-c) Any Sessions Judge, on an application made to him in this behalf, may, if he is of opinio

S.528(a) .

Omitted

S.528(b) .

Omitted

S.528(c) .

Omitted

S.528(d) .

Omitted

S.529 Irregularities which do not vitiate proceedings

       If any Magistrate not empowered by law to do any of the following things, namely :-
       (a) to issue a search-warrant under section 98 ;
       (b) to order, under section 155, the police to investigate an offence ;
       (c) to hold an inquest under section 176 ;
       (d) to issue process, under section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits ;
       (e) to take cognizance of an offence under section 190, sub-section (1), clause (a) or clause (b) ;
       (f) to transfer case under section 192 ;
       (g) to tender a pardon under section 337 or section 338 ;
 

S.530 Irregularities which vitiate proceedings

       If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely
       (a) attaches and sells property under section 88 ;
       (b) issues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the Telegraph Department ;
       (c) demands security to keep the peace ;
       (d) demands security for good behaviour ;
       (e) discharges a person lawfully bound to be of good behaviour ;
       (f) cancels a bond to keep the peace;
       (g) makes an order under section 133, as to local nuisance ;
       (h) prohibits, under section 143, the repetition o

S.531 Proceedings in wrong place

No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

S.532 When irregular commitments may be validated

       (1) If any Magistrate or other authority purporting to exercise powers duly conferred, which were not so conferred, commits an accused person for trial before a Court of Session or High Court, the Court to which the commitment is made may, after perusal of the proceedings, accept the commitment, if it considers that the accused has not been injured thereby, unless during the inquiry and before the order of commitment, objection was made on behalf either of the accused or of the prosecution to the jurisdiction of such Magistrate or other authority.
       (2) If such Court considers that the accused was injured, or if such objection was so made, it shall quash the commitment and direct a fresh inquiry by a competent Magistrate.

S.533 Non-compliance with provisions of section 164 or 364

       (1) If any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded; and, notwithstanding anything contained in the Evidence Act, 1977, section 91, such statement shall be admitted if the error has not injured the accused as to his defence on the merits.
       (2) The provisions of this section apply to Courts of appeal, reference and revision.

S.534 .

Omitted

S.535 Effect of omission to prepare charge

       (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby.
       (2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.

S.536 .

Omitted

S.537 Finding or sentence when reversible by reason of error or omission in charge or other proceedings

       Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account
       (a) of any error, omission or irregularity in the complaint, summons warrant, [x] proclamation order, judgement or other proceedings before or during trial or is any inquiry or other proceedings under this Code ; or
       [(b) of any error, omission or irregularity in the charge, including any misjoinder of charges, [x] ;]
       [(c) Omitted],
       (d) Omitted.
       [unless such error, omission or irregularity has in fact occasioned a failure of justice].
       Explanation. - In dete

S.538 Attachment not illegal, person making same not trespasser for defect or want of form in proceedings

       No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons conviction, writ of attachment or other proceedings relating thereto.

S.538(a) Definition

       For the purposes of this Chapter, unless the context otherwise requires "period of limitation" means the period specified in section 53,8-B for taking cognizance of an offence.

S.538(b) Bar to taking cognizance after lapse of the period of limitation

       (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
       (2) The period of limitation shall be-
       (a) six months, if the offence is punishable with fine only;
       (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year ;
       (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

S.538(c) Commencement of the period of limitation

       (1) The period of limitation, in relation of an offender, shall commence,-
       (a) on the date of the offence ; or
       (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier ; or
       (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
       (2) In computing the said period, the day from which such period is to be computed shall be excluded.

S.538(d) Exclusion of time in certain cases

       (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision against the offender, shall be excluded :
       Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
       (2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, in computing the period of limitation the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
       (3) Where not

S.538(e) Exclusion of date on which Court is closed

       Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
       Explanation.- A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

S.538(f) Continuing offence

       In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

S.538(g) Extension of period of limitation in certain cases

Notwithstanding anything contained in the foregoing provisions of this Chanter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

S.539 Courts and persons before whom affidavits may be sworn

       Affidavits and affirmations to be used before any Court in the State may be sworn and affirmed before such Court or any Magistrate or other Court in the State, but if the affidavit or affirmation is made outside the limits of the State, it may be sworn or affirmed before any tribunal competent in that behalf according to the law of locality where the affidavit or affirmation is made.

S.539(a) Affidavit in proof of conduct of public servant

       (1) When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
       (2) Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

S.539(a)(a) Authorities before whom affidavits may be sworn

       (1) An affidavit to be used before any Court other than the High Court under section 510-A or section 539-A may be sworn or affirmed in the manner prescribed in section 539 or before any Magistrate.
       (2) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.]

S.539(b) Local inspection

       (1) Any Judge or Magistrate may at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.
       (2) Such memorandum shall form part of the record of the case. If the Public Prosecutor, complainant or accused so desires, a copy of the memorandum shall be furnished to him free of cost.
       [xxx] Omitted.

S.540 Power to summon material witness, or examine person present

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.

S.540(a) Provision for inquiries and trial being held in the absence of accused in certain cases

       [(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.]
       (2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

S.541 Power to appoint place of imprisonment

       (1) Unless when otherwise provided by any law for the time being in force, [the Government] may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined.
       (2) Removal to criminal jail of accused or convicted persons who are in confinement in civil jail and their return to the civil jail. - If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.
       (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either-
       (a) three years have elapsed since he was removed to the criminal

S.542 Power to 1st class Magistrate to order prisoner in jail to be brought up for examination

       (1) Any Magistrate of the 1st class desirous of examining as a witness in any case pending before him, any person confined in any jail within the local limits of his jurisdiction, may issue an order to the officer-in-charge of the said jail requiring him to bring such prisoner in proper custody, at a time to be therein named, to the Magistrate for examination.
       (2) The officer so in charge, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during his absence from the jail for the purpose aforesaid.

S.543 Interpreter to be bound to interpret truthfully

When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

S.544 Expenses of complainants and witnesses

Subject to any rule made by the High Court with the previous sanction of [the Government], any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other Proceeding before such Court under this Code.

S.545 Power of Court to pay expenses or compensation out of fine

       (1) Whenever under any law in force for the time being a Criminal Court imposes a fine or confirms in appeal revision or otherwise a sentence of fine, or [a sentence (including a sentence of death) of which fine forms a part] the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied-
       (a) in defraying expenses properly incurred in the prosecution ;
       (b) in the payment to any person of compensation for any loss or injury caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a Civil Court ;
       [(bb) when any person is convicted of any offence far having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under t

S.546 Payments to be taken into account in subsequent suit

       At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under section 545.

S.546(a) Order of payment of certain fees paid by complainant in non-cognizable cases

       (1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may in addition to the penalty imposed upon him, order him to pay to the complainant-
       (a) the fee (if any) paid on the petition of complaint or for the examination of the complainant ; and
       (b) any fees paid by the complainant for serving processes on his witnesses or on the accused ;
       and may further order that, in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days.
       (2) An order under this section may also be made by an Appellate Court, or by High Court, when exercising its powers of revision.

S.547 Moneys ordered to be paid recoverable as fines

Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as it were a fine.

S.548 Copies of proceedings

       If any person affected by a judgment or order passed by a Criminal Court desires to have a copy of any order or deposition or other part of the record he shall, on applying for such copy, be furnished therewith :
       Provided that he pays for the same, unless the Court, for some special reasons, thinks fit to furnish it free of cost.

S.549 Delivery to military authorities of persons liable to be tried by Court-martial

       (1) [The Government] may make rules consistent with this Code and the Army Act in force in the State or any similar law for the time being in force as to the cases in which persons subject to military law, shall be tried by a Court to which this Code applies, or by Court-martial, and when any person is brought before a Magistrate and charged with an offence for which he is liable, under the Army Act in force in the State to be tried by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the regiment, corps or detachment, to which he belongs, or to the commanding officer of the nearest military station, for the purpose of being tried by Court-martial.
       (2) Apprehension of such persons. - Every Magistrate shall on receiving a written applic

S.550 Powers to police to seize property suspected to be stolen

Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Such police officer, if subordinate to the officer-in-charge of a police station, shall forthwith report the seizure to that officer.

S.551 Powers of superior officers of police

       Police officers superior in hank to an officer-in-charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

S.552 Power to compel restoration of abducted females

       Upon complaint made to a District Magistrate [or Chief Judicial Magistrate]on oath of the abduction or unlawful detention of a woman, or of a female child under the age of [sixteen] years, for any unlawful purpose, he may. take an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with' such order, using such force as may be necessary.

S.553 .

Omitted

S.554 Power of High Court to make rules

       (1) The High Court may, from time to time, and with the previous sanction of the [the Government] ;
       (a) make rules for keeping all books, entries and accounts to be kept in all Criminal Courts subordinate to it, and for the preparation and transmission of any returns or statements to be prepared and submitted by such Courts ;
       (b) frame forms for every proceeding in the said Courts for which it thinks that a form should be provided ;
       (c) make rules for regulating its own practice and proceedings and the practice and proceedings of all Criminal Courts subordinate to it ; and
       (d) make rules for regulating the execution of warrants issued under this Code for the levy of fines :
       Provided that the rules and for

S.555 Forms

       Subject to the power conferred by section 554, the forms set forth in the Fifth Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

S.555(a) Power of High Court to make rules in respect of petition writers

       (1) The High Court may, from time to time, and with the previous approval of the Government, make rules-
       (a) as to the persons who may, be permitted to act as petition writers in the Criminal Courts subordinate to it ;
       (b) regulating the issue of licence to such persons the conduct of business by them ; and the scale of fees to be charged by them ; and
       (c) provide a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed :
       Provided that the rules made under this section shall not be inconsistent with this Code or any other law in force for the time being.
       (2) All rules made under this section shall be p

S.556 Case in which Judge or Magistrate is personally interested

       No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
       Explanation. - A Judge or Magistrate shall not be deemed a party, or personally-interested, within the meaning of this section, to or in any case by reason only that he is a Municipal Commissioner or otherwise concerned therein in a public capacity, or by reason only that he has viewed the. place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
       Illustration
     

S.557 Practising pleader not to sit as Magistrate in certain Courts

       No pleader who practises in the Court of any Magistrate, shall sit as a Magistrate in such Court or in any Court within the jurisdiction of such Court.

S.558 Power to decide language of Courts

       The Government may determine what, for the purposes of this Code, shall be deemed to be the language of each Court within the territories of Jammu and Kashmir State.

S.558(a) Delegation of powers

The Government may by order direct that all or any, of the powers and duties conferred or imposed on the Government by the Code be exercised or performed by the Minister-in charge, Law Department.]

S.559 Provision for powers of Judges and Magistrates being exercised by their successors-in-office

       (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
       (2) When there is any doubt as to who is the successor-in-office of any Magistrate, [the Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrates], shall determine by order in writing the. Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
       (3) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Session Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the

S.560 Officers concerned in sales not to purchase or bid for property

       A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

S.561 Special provisions with respect to offence of rape by a husband

       (1) Notwithstanding anything in this Code, no Magistrate except a 1[Chief Judicial Magistrate] shall-
       (a) take cognizance of the offence of rape where the sexual intercourse was by a man with his wife ; or
       (b) commit the man for trial for the offence.
       (2) And, notwithstanding anything in this Code, if a [Chief Judicial Magistrate] deems it necessary to direct an investigation by a police officer, with respect to such an offence as is referred to in sub-section (1), no police officer of a rank below that of police inspector shall be employed either to make, or to take part in, the investigation.

S.561(a) Saving of inherent power of High Court

       Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

S.561(b) Duty of High Court to exercise continuous superintendence over the Courts of Judicial Magistrates

       Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

S.561(c) Trials before High Court

When an offence is tried by the High Court otherwise than under section 526, it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.]

S.562 Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment

       (1) When any person not under twenty-one years of age is convicted of an offence punishable with imprisonment for not more than seven years, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of goo

S.563 Provision in case of offender failing to observe conditions, of his recognizances

       (1) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
       (2) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence. Such Court may, after hearing the case, pass sentence.

S.564 Conditions as to abode of offender

The Court, before directing the release of an offender under section 562, sub-section (1), shall be satisfied that the offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.

S.565 Order for notifying address of previously convicted offender

       (1) When any person having been convicted-
       (a) by a. Court in the Jammu and Kashmir State of an offence punishable under section 215, section 489-A, section 489-B, section 489-C, or section 489-D, of the Ranbir Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment of either description for a term of three years or upwards ; or
       (b) by a Court or Tribunal in [any other part of the territory of India] of any offence which would, if committed in the State, have been punishable under any of the aforesaid sections or Chapters of the Ranbir Penal Code with like imprisonment for a like term ;
       is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by the High Court,

Sch.1 .

Omitted

Sch.2 Tabular Statement of Offences