This document outlines the structure and jurisdiction of criminal courts and procedures in India according to the Code of Criminal Procedure. It discusses the classification of criminal courts, the powers and jurisdiction of magistrates and judges. It also summarizes procedures for arrest, bail, summons, warrants, security proceedings, maintenance of public order, police investigation powers and jurisdiction of courts for inquiries and trials. The document provides an overview of the legal framework, processes and authorities involved in criminal cases in India.
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CRPC Index
This document outlines the structure and jurisdiction of criminal courts and procedures in India according to the Code of Criminal Procedure. It discusses the classification of criminal courts, the powers and jurisdiction of magistrates and judges. It also summarizes procedures for arrest, bail, summons, warrants, security proceedings, maintenance of public order, police investigation powers and jurisdiction of courts for inquiries and trials. The document provides an overview of the legal framework, processes and authorities involved in criminal cases in India.
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CHAPTER 1 PRELIMINARY
1. Short title, extent and commencement.
2. Definitions. CHAPTER 2 CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 9. Court of Session. 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 13. Special Judicial Magistrates. 14. Local jurisdiction of Judicial Magistrates. 15. Subordination of Judicial Magistrates. 16. Courts of Metropolitan Magistrates. 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. 18. Special Metropolitan Magistrates. 19. Subordination of Metropolitan Magistrates. 20. Executive Magistrates. 21. Special Executive Magistrates. 24. Public Prosecutors. 25. Assistant Public Prosecutors. 25A. Directorate of Prosecution. CHAPTER 3 POWER OF COURTS 26. Courts by which offences are triable. 28. Sentences which High Courts and Sessions Judges may pass. 29. Sentences which Magistrates may pass. 30. Sentence of imprisonment in default of fine. CHAPTER 4 A.–POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police. B.–AID TO THE MAGISTRATES AND THE POLICE 37. Public when to assist Magistrates and police. 38. Aid to person, other than police officer, executing warrant. 39. Public to give information of certain offences. 40. Duty of officers employed, in connection with the affairs of a village to make certain report. CHAPTER 5 ARREST OF PERSONS 41. When police may arrest without warrant. 41A. Notice of appearance before police officer. 41B. Procedure of arrest and duties of officer making arrest. 41C. Control room at districts. 41D. Right of arrested person to meet an advocate of his choice during interrogation. 42. Arrest on refusal to give name and residence. 43. Arrest by private person and procedure on such arrest. 44. Arrest by Magistrate. 45. Protection of members of the Armed Forces from arrest. 46. Arrest how made. 47. Search of place entered by person sought to be arrested. 48. Pursuit of offenders into other jurisdictions. 49. No unnecessary restraint. 50. Person arrested to be informed of grounds of arrest and of right to bail. 50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. 51. Search of arrested person. 52. Power to seize offensive weapons. 53. Examination of accused by medical practitioner at the request of police officer. 53A. Examination of person accused of rape by medical practitioner. 54. Examination of arrested person by medical officer. 54A. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 55A. Health and safety of arrested person. 56. Person arrested to be taken before Magistrate or officer in charge of police station. 57. Person arrested not to be detained more than twenty-four hours. 58. Police to report apprehensions. 59. Discharge of person apprehended. 60. Power, on escape, to pursue and retake. 60A. Arrest to be made strictly according to the Code. CHAPTER 6 PROCESSES TO COMPEL APPEARANCE A.–Summons 61. Form of summons. 62. Summons how served. 63. Service of summons on corporate bodies and societies. 64. Service when persons summoned cannot be found. 65. Procedure when service cannot be effected as before provided. 66. Service on Government servant. 67. Service of summons outside local limits. 68. Proof of service in such cases and when serving officer not present. 69. Service of summons on witness by post. B.–Warrant of arrest 70. Form of warrant of arrest and duration. 71. Power to direct security to be taken. 72. Warrants to whom directed. 73. Warrant may be directed to any person. 74. Warrant directed to police officer. 75. Notification of substance of warrant. 76. Person arrested to be brought before Court without delay. 77. Where warrant may be executed. 78. Warrant forwarded for execution outside jurisdiction. 79. Warrant directed to police officer for execution outside jurisdiction. 80. Procedure on arrest of person against whom warrant issued. 81. Procedure by Magistrate before whom such person arrested is brought. C.–Proclamation and attachment 82. Proclamation for person absconding. 83. Attachment of property of person absconding. 84. Claims and objections to attachment. 85. Release, sale and restoration of attached property. 86. Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes 87. Issue of warrant in lieu of, or in addition to, summons. 88. Power to take bond for appearance. 89. Arrest on breach of bond for appearance. 90. Provisions of this Chapter generally applicable to summonses and warrants of arrest. CHAPTER 7 PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.–Summons to produce 91. Summons to produce document or other thing. 92. Procedure as to letters and telegrams. B.–Search-warrants 93. When search-warrant may be issued. 94. Search of place suspected to contain stolen property, forged documents, etc. 95. Power to declare certain publications forfeited and to issue search-warrants for the same. 97. Search for persons wrongfully confined. 98. Power to compel restoration of abducted females. C.–General provisions relating to searches 99. Direction, etc., of search-warrants. 100. Persons in charge of closed place to allow search. 101. Disposal of things found in search beyond jurisdiction. D.–Miscellaneous 102. Power of police officer to seize certain property. 103. Magistrate may direct search in his presence. 104. Power to impound document, etc., produced. 105. Reciprocal arrangements regarding processes. CHAPTER 8 SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 106. Security for keeping the peace on conviction. 107. Security for keeping the peace in other cases. 108. Security for good behaviour from persons disseminating seditious matters. 109. Security for good behaviour from suspected persons. 110. Security for good behaviour from habitual offenders. 111. Order to be made. 112. Procedure in respect of person present in Court. 113. Summons or warrant in case of person not so present. 114. Copy of order to accompany summons or warrant. 115. Power to dispense with personal attendance. 116. Inquiry as to truth of information. 117. Order to give security. 118. Discharge of person informed against. 119. Commencement of period for which security is required. 120. Contents of bond. 121. Power to reject sureties. 122. Imprisonment in default of security. CHAPTER 10 MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.–Unlawful assemblies 129. Dispersal of assembly by use of civil force. 130. Use of armed forces to disperse assembly. 131. Power of certain armed force officers to disperse assembly. 132. Protection against prosecution for acts done under preceding sections. B.–Public nuisances 133. Conditional order for removal of nuisance. C.–Urgent cases of nuisance or apprehended danger 144. Power to issue order in urgent cases of nuisance or apprehended danger. D.–Disputes as to immovable property 145. Procedure where dispute concerning land or water is likely to cause breach of peace. 146. Power to attach subject of dispute and to appoint receiver. 149. Police to prevent cognizable offences. 150. Information of design to commit cognizable offences. 151. Arrest to prevent the commission of cognizable offences. CHAPTER 12 INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases. 155. Information as to non-cognizable cases and investigation of such cases. 156. Police officer’s power to investigate cognizable case. 157. Procedure for investigation. 158. Report how submitted. 159. Power to hold investigation or preliminary inquiry. 160. Police officer’s power to require attendance of witnesses. 161. Examination of witnesses by police. 162. Statements to police not to be signed: Use of statements in evidence. 163. No inducement to be offered. 164. Recording of confessions and statements. 164A. Medical examination of the victim of rape. 165. Search by police officer. 166. When officer in charge of police station may require another to issue search-warrant. 166A. Letter of request to competent authority for investigation in a country or place outside India. 166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India. 167. Procedure when investigation cannot be completed in twenty-four hours. 168. Report of investigation by subordinate police officer. 169. Release of accused when evidence deficient. 170. Cases to be sent to Magistrate, when evidence is sufficient. 171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. 172. Diary of proceedings in investigation. 173. Report of police officer on completion of investigation. 174. Police to enquire and report on suicide, etc. 175. Power to summon persons. 176. Inquiry by Magistrate into cause of death. CHAPTER 13 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 177. Ordinary place of inquiry and trial. 178. Place of inquiry or trial. 179. Offence triable where act is done or consequence ensues. 180. Place of trial where act is an offence by reason of relation to other offence. 181. Place of trial in case of certain offences. 182. Offences committed by letters, etc. 183. Offence committed on journey or voyage. 184. Place of trial for offences triable together. 185. Power to order cases to be tried in different sessions divisions. 186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction. 188. Offence committed outside India. 189. Receipt of evidence relating to offences committed outside India. CHAPTER 14 CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 190. Cognizance of offences by Magistrates. 193. Cognizance of offences by Courts of Session. 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 195A. Procedure for witnesses in case of threatening, etc. 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence. 197. Prosecution of Judges and public servants. 198. Prosecution for offences against marriage. 198A. Prosecution of offences under section 498A of the Indian Penal Code. 198B. Cognizance of offence. 199. Prosecution for defamation. CHAPTER 15 COMPLAINTS TO MAGISTRATES 200. Examination of complainant. 201. Procedure by Magistrate not competent to take cognizance of the case. 202. Postponement of issue of process. 203. Dismissal of complaint. CHAPTER 16 COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 204. Issue of process. 206. Special summons in cases of petty offence. 207. Supply to the accused of copy of police report and other documents. 208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 209. Commitment of case to Court of Session when offence is triable exclusively by it. 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. CHAPTER 17 THE CHARGE A.–Form of charges 211. Contents of charge. 215. Effect of errors. 216. Court may alter charge. 217. Recall of witnesses when charge altered. B.–Joinder of charges 218. Separate charges for distinct offences. 219. Three offences of same kind within year may be charged together. 220. Trial for more than one offence. 221. Where it is doubtful what offence has been committed. 222. When offence proved included in offence charged. 223. What persons may be charged jointly. 224. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER 18 TRIAL BEFORE A COURT OF SESSION 225. Trial to be conducted by Public Prosecutor. 226. Opening case for prosecution. 227. Discharge. 228. Framing of charge. 229. Conviction on plea of guilty. 230. Date for prosecution evidence. 231. Evidence for prosecution. 232. Acquittal. 233. Entering upon defence. 234. Arguments. 235. Judgment of acquittal or conviction. 236. Previous conviction. CHAPTER 19 TRIAL OF WARRANT-CASES BY MAGISTRATES A.–Cases instituted on a police report 238. Compliance with section 207. 239. When accused shall be discharged. 240. Framing of charge. 241. Conviction on plea of guilty. 242. Evidence for prosecution. 243. Evidence for defence. B.–Cases instituted otherwise than on police report 244. Evidence for prosecution. 245. When accused shall be discharged. 246. Procedure where accused is not discharged. 247. Evidence for defence. C.–Conclusion of trial 248. Acquittal or conviction. 249. Absence of complainant. 250. Compensation for accusation without reasonable cause. CHAPTER 20 TRIAL OF SUMMONS-CASES BY MAGISTRATES 251. Substance of accusation to be stated. 252. Conviction on plea of guilty. 253. Conviction on plea of guilty in absence of accused in petty cases. 254. Procedure when not convicted. 255. Acquittal or conviction. 256. Non-appearance or death of complainant. 257. Withdrawal of complaint. 258. Power to stop proceedings in certain cases. 259. Power of Court to convert summons-cases into warrant-cases. CHAPTER 22 ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 267. Power to require attendance of prisoners. 268. Power of State Government to exclude certain persons from operation of section 267. 269. Officer in charge of prison to abstain from carrying out order in certain contingencies. 270. Prisoner to be brought to Court in custody. THE INDIAN EVIDENCE ACT, 1872 PART I RELEVANCY OF FACTS CHAPTER I. –– PRELIMINARY 1. Short title. Extent. Commencement of Act. 2. [Repealed.] 3. Interpretation-clause. “Court”. “Fact”. “Relevant”. “Facts in issue”. “Document”. “Evidence”. “Proved”. “Disproved”. “Not proved”. “India”. 4. “May Presume.” “Shall presume.” “Conclusive proof”. CHAPTER II. ––OF THE RELEVANCY OF FACTS 5. Evidence may be given of facts in issue and relevant facts. 6. Relevancy of facts forming part of same transaction. 7. Facts which are the occasion, cause or effect of facts in issue. 8. Motive, preparation and previous or subsequent conduct. 9. Facts necessary to explain or introduce relevant facts. 10. Things said or done by conspirator in reference to common design. 11. When facts not otherwise relevant become relevant. 14. Facts showing existence of state of mind, or of body, or bodily feeling. 15. Facts bearing on question whether act was accidental or intentional. 16. Existence of course of business when relevant. ADMISSIONS 17. Admission defined. 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. 25. Confession to police-officer not to be proved. 26. Confession by accused while in custody of Police not to be proved against him. 27. How much of information received from accused may be proved. 28. Confession made after removal of impression caused by inducement, threat or promise, relevant. 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons and expresses feelings relevant to matter in question 40. Previous judgments relevant to bar a second suit or trial. 41. Relevancy of certain judgments in probate, etc., jurisdiction. 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. 43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. 45. Opinions of experts. 45A. Opinion of Examiner of Electronic Evidence. 47. Opinion as to handwriting, when relevant. 47A. Opinion as to digital signature, when relevant. 48. Opinion as to existence of right or custom, when relevant. 51. Grounds of opinion, when relevant. CHARACTER WHEN RELEVANT 52. In civil cases character to prove conduct imputed, irrelevant. 53. In criminal cases previous good character relevant. 53A. Evidence of character or previous sexual experience not relevant in certain cases. 54. Previous bad character not relevant, except in reply. PART II ON PROOF CHAPTER III.—FACTS WHICH NEED NOT BE PROVED 56. Fact judicially noticeable need not be proved. 57. Facts of which Court must take judicial notice. 58. Facts admitted need not be proved. CHAPTER IV.—OF ORAL EVIDENCE 59. Proof of facts by oral evidence. 60. Oral evidence must be direct.