Code of Criminal Procedure 1973

CHAPTER-I (PRELIMINARY)
1 Short title, Chapters VII (PROCESSES TO COMPEL THE PRODUCTION OF
extent and THINGS), X (MAINTENANCE OF PUBLIC ORDER AND
commencement TRANQUILLITY) और XI (PREVENTIVE ACTION OF THE POLICE)
को छोड़कर बाकी provisions नागालैंड और tribal areas में लागू नहीं होंगे | लेकिन राज्य
सरकार चाहे तो जरूरी संशोधन करके वहाँ भी लागू कर सकती है |
2 Definitions c. Cognizable Offence/case: Arrest without warrant
g. Inquiry:

Inquiry: All those proceedings before a Magistrate prior to

the framing of a charge which does not result in conviction
is “inquiry”. An inquiry into an offence never ends in
conviction or acquittal; at the most it may result in discharge
or commitment of case for trial by a Magistrate / Sessions
Judge. An inquiry doesn’t necessarily mean an inquiry into
an offence because it may relate to matters which are not
offences.
Trial: Trial is a proceeding which involves examination and
determination of a cause by a judicial tribunal, and which
ends in conviction or acquittal of the accused. A Trial is
always an examination of offence. Trial is the examination
and determination of a cause by a judicial tribunal which has
jurisdiction over it.

i. “investigation” includes all the proceedings under this Code for the
collection of evidence conducted by a police officer or by any person
(other than a Magistrate) who is authorised by a Magistrate in this
behalf.
j. Non-Cognizable Offence/Case: No authority to arrest without warrant.
x. Summon case: a case relating to an offence, and not being a warrant-
case.
y. Warrant case: a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years
3 Construction of Magistrate Judicial Magistrate यदि metropolitan area के बाहर है |
references Metropolitan Magistrate: otherwise
(2) ** इस कोड के अतिरिक्त अन्य किसी काननू में अगर, the function
exercisable by a Magistrate relate to matters of ,—
(a) appreciation or sifting of evidence or the formulation of
 any decision which exposes any person to any punishment or
penalty or detention in custody pending investigation, inquiry or
trial or would have the effect of sending him for trial before any
Court, they shall, subject to the provisions of this Code, be
exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as,
the granting of a licence, the suspension or cancellation of a
licence, sanctioning a prosecution or withdrawing from a
prosecution, they shall, subject as aforesaid, be exercisable by an
Executive Magistrate.

4 Trial of offences under the Indian Penal Code and other laws
5 Saving
CHAPTER-II (CONSTITUTION OF CRIMINAL COURTS AND OFFICES )
6 Classes of हाईकोर्ट और अन्य किसी काननू के अंतर्गत बनाई गई कोर्ट के अतिरिक्त हर राज्य में निम्न
Criminal प्रकार की कोर्ट होंगी :-
Courts (i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area,
Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.

7 Territorial Divisions
8 Metropolitan State Government can declare any area in the State whose population
areas exceeds one million as metropolitan area
9 Court of For every Sessions Division  Court of Session
Session To be presided by

Judge Appointed by HC

Addl. Sessions Judge Asstt. Sessions Judge

Sessions Judge की अनपु स्थिति में HC, Addl. Sessions Judge या Asstt. Sessions
Judge या Chief Judicial Magistrate को काम देखने के लिए कह सकता है |

10 Subordination Assistant Sessions Judge, Sessions Judge के subordination में कार्य करें गे| अपनी
of Assistant अनपु स्थिति में Sessions Judge urgent work के disposal के लिए Addl. Sessions
Sessions Judge, Assistant Sessions Judge या उनके न रहने पर CJM को कह सकता है |
Judges
11 Courts of Judicial Magistrates 16 Courts of Metropolitan Magistrates
12 Chief Judicial In every District HC shall17 Chief In every Metropolitan
Magistrate and appoint Judicial Metropolitan Area, HC shall appoint
 Additional Magistrate of First class as Magistrate a Metropolitan
Chief Judicial  CJM and Magistrate as
Magistrate, etc. Additional  Chief Metropolitan
 Addl. CJM
Chief Magistrate
 Sub Divisional Metropolitan
Judicial Magistrate  Additional Chief
Magistrate
(Under the general Metropolitan
control of CJM) Magistrate
13 Special Judicial Magistrates 18 Special Metropolitan Magistrates
(shall be appointed for such term, not (shall be appointed for such term, not
exceeding one year at a time) exceeding one year at a time)
14 Local CJM may define the local
jurisdiction of limits within which the
Judicial Magistrates appointed
Magistrates under section 11 or under
section 13 may exercise
powers.
15 Subordination Sessions Judge  CJM 19 Subordination Sessions Judge 
of Judicial  other Judicial of CMM/ACMM  other
Magistrates Magistrates Metropolitan Metropolitan
Magistrates Magistrates
20 Executive प्रत्येक जिले में और प्रत्येक Metropolitan Area में राज्य सरकार Executive
Magistrates Magistrate नियक्त ु करे गी, उन्हीं में से एक Executive Magistrate, District
Magistrate होगा | वैसे ही ADM, SDM भी नियक्त ु किए जाएगं े | Nothing in this
section shall preclude the State Government from conferring, under any
law for the time being in force, on a Commissioner of Police, all or any of
the powers of an Executive Magistrate in relation to a metropolitan area
21 Special Executive Magistrates
22 Local Jurisdiction of Executive Magistrates
23 Subordination District Magistrate  All Executive Magistrates other than ADM
of Executive SDM Other Executive Magistrates
Magistrates
24 Public HC के लिए: CG or SG shall, after consultation with the HC appoint a
Prosecutors Public Prosecutor one or more Additional Public Prosecutors.
प्रत्येक जिले के लिए: CG may appoint one or more PPs for any district or
local area. SG may also appoint PP and one or more APPs.
District Magistrate, Sessions Judge के consultation से लोगों के नाम का एक
panel बनाएगा जो उसकी दृष्टि में PP या APP की नियक्ति
ु के लिए fit हैं | जहाँ ऐसे
officers का regular cadre है वहाँ ऐसी व्यवस्था लागू नहीं होगी | PP या APP में
नियक्ति
ु के लिए 7 साल तक वकालत जरूरी है | अगर वकालत का 10 साल का
अनभु व है तो SG या CG उसको किसी special case के लिए special Public
 Prosecutor बना सकती है |
25 Assistant Public CG/SG may appoint Assistant Public Prosecutors for conducting
Prosecutors cases in Courts of Magistrates. जब तक कि APP या PP available हों तब
तक police officers को इस purpose के लिए नहीं appoint करना चाहिए | APP
या PP की unavailability कि स्थिति में not below the rank of Inspector को
DM appoint कर सकता है |
25A Directorate of With the concurrence of the Chief Justice of High Court, SG may
Prosecution appoint Director/ DD of Prosecution having not less than 10 years of
practice as advocate.
State Home Department Director of Prosecution PP/ APP/ SPP
conducting cases in HC
State Home Department  Director of Prosecution  PP/APP/SPP
in District Courts and Asst.PP in Court of Magistrates.
CHAPTER-III (POWER OF COURTS)
26 Courts by Any offence under IPC may be tried by HC or Session Court or any
which offences other court by which such offence is shown in the first schedule to be
are triable triable. Offences under S.376, 376 A, 376AB, 376 B, 376C, 376D,
376DA, 376DB or 376E of IPC shall be tried as far as practicable by
Court presided by a woman.
Any offence under any other law shall be tried by the mentioned
court, if no court is mentioned in the law it shall be tried by HC or any
other court by which such offence is shown in the first schedule to be
triable.
27 Jurisdiction in If offender is under 16 and the offence is not punishable with death or
the case of imprisonment for life, it may be tried by the court of CJM or by any
juveniles court specially empowered under the Children Act, 1960 or any other
such law.
28 Sentence which HC: Any sentence authorised by law.
High Courts Sessions Judge/ Add. Sessions Judge: Any sentence authorised by law
and Sessions but death sentence shall be subject to confirmation by HC.
Judges may Asstt. Sessions Judge: Any sentence authorised by law except death or
pass imprisonment for life or imprisonment exceeding 10 years
29 Sentences CJM/Chief Metropolitan Magistrate: Any sentence authorised by law
which except death or imprisonment for life or imprisonment exceeding 7
Magistrates years.
may pass Magistrate Ist class/ Metropolitan Magistrate: A sentence of
imprisonment not exceeding 3 years or fine not exceeding Rs.10,000/-
or both.
Magistrate 2nd class: A sentence of imprisonment not exceeding 1 year
 or of fine not exceeding Rs. 5,000/- or both.

30 Sentence of The term of imprisonment shall not be in excess of the powers of

imprisonment Magistrate under S.29.
in default of Shall not, where imprisonment has been awarded as part of the substantive
fine sentence, exceed one-fourth of the term of imprisonment which the
Magistrate is competent to inflict as punishment for the offence otherwise
than as imprisonment in default of payment of fine.
The imprisonment awarded may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under
section 29.

31 Sentence in Punishments when consisting of imprisonment to commence the one after

case of the expiration of the other in such order as the Court may direct, unless the
conviction of Court directs that such punishments shall run concurrently. के वल इसलिए
several offences के स को हाइयर कोर्ट में नहीं भेज जाएगा क्योंकि aggregate punishment जिसके लिए
at one trial कोर्ट competent है उससे ज्यादा है | Aggregate Punishment के के स में 14 वर्ष से
अधिक की सजा नहीं होनी चाहिए साथ ही इस के स में जीतने punishment के लिए court
competent है उससे 2 गनु े से अधिक की सजा नहीं दी जानी चाहिए |
For the purpose of appeal, aggregate sentence को single sentence माना
जाएगा
32 Mode of HC or SG as the case may confer powers under this code to persons
conferring specially by name or in virtue of their offices or classes of officials
powers generally by their official titles.
33 Powers of इस कोड के अंतर्गत जिस सरकारी व्यक्ति को किसी लोकल area में कोई power invest
officers कर दी जाती है वह किसी अन्य local area में appoint होने की स्थिति में भी उनको
appointed exercise करे गा जब तक otherwise direct न किया जाए
34 Withdrawal of जो power confer करता है वो withdraw भी कर सकता है |
powers
35 Powers of Successor in office भी उन powers को exercise करे गा
Judges and
Magistrates
exercisable by
their
successors-in-
office
CHAPTER-IV (A. POWERS OF SUPERIOR OFFICERS OF POLICE)
36 Powers of Police officers superior in rank to an officer in charge of a police station
superior may exercise the same powers, throughout the local area to which they are
officers of appointed, as may be exercised by such officer within the limits of his
police station.
CHAPTER-IV (B. AID TO THE MAGISTRATE AND THE POLICE)
37 Public when to Every person is bound to assist Magistrate or Police (a). in taking or
assist preventing the escape of offender (b). In the prevention or suppression of
Magistrates breach of peace (c). In prevention of injury to railway, canal, telegraph or
and police public property.
38 Aid to person, When a warrant is directed to a person other than a police officer, any other
other than person may aid in the execution of such warrant, if the person to whom the
police officer, warrant is directed be near at hand and acting in the execution of the
executing warrant.
warrant
39 Public to give Every person, aware of the commission of, or of the intention of any other
information of person to commit, any offence punishable under any of the following
certain sections of the Indian Penal Code shall in absence of any reasonable excuse
offences give information to the nearest Magistrate or Police Officer:
1. Offences against the State (121 to 126)
2. Offences against the public tranquillity (143 to 145 and 147 to
148)
3. Offences related to illegal gratification (161 to 165A)
4. Offences related to adulteration of food and drugs etc. (272 to 278)
5. Offences affecting life (302 to 304). 5A. Offence relating to
kidnapping for ransom etc. (364A)
6. Offence of theft after preparation made for causing death, hurt
or restraint in order to the committing of theft (382)
7. Offences or robbery and dacoity (392 to 399 and 402)
8. Offence relating to criminal breach of trust by public servant etc.
(409)
9. Offences of mischief against property (431 and 439)
10. Offence of house trespass (449 and 450)
11. Offences of lurking house trespass (456 to 460)
12. Offences related to currency notes and bank notes (489A to 489E)

40 Duty of Every officer employed in connection with the affairs of a village and every
officers person residing in a village shall forthwith communicate to the nearest
employed in Magistrate or to the officer in charge of the nearest police station,
connection whichever is nearer, any information which he may possess respecting:
with the a. permanent or temporary residence of any notorious receiver or
affairs of a vendor of stolen property in or near such village
village to b. the resort to any place within, or the passage through, such village
make certain of any person whom he knows, or reasonably suspects, to be a thug,
report. robber, escaped convict or proclaimed offender
c. the commission of, or intention to commit, in or near such village
any non-bailable offence or any offence against public
tranquillity under IPC
d. Sudden / unnatural death / death under suspicious circumstances/
discovery of corpse / part of corpse / disappearance of any person
from such village in circumstances which lead to a reasonable
suspicion that non-bailable offence has been committed in respect of
such person.
e. the commission of, or intention to commit, at any place out of India
near such village any act which, if committed in India, would be an
offence punishable under any of the following sections of the Indian
Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302,
304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457
to 460 (both inclusive), 489A, 489B, 489C and 489D
f. any matter likely to affect the maintenance of order or the
prevention of crime or the safety of person or property respecting
which the District Magistrate, by general or special order made with
the previous sanction of the State Government, has directed him to
communicate information.
 CHAPTER-V (ARREST OF PERSONS)
41