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Bnss 2023

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Bnss 2023

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You are on page 1/ 189

Page |1

BHARATIYA NAGARIK
SURAKSHA SANHITA 2023,
(BNSS)
Page |2

Index HomePage

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Arrangement of sections

CHAPTER I
PRELIMINARY

SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other
laws.
5. Saving.

CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6. Classes of Criminal Courts.


7. Territorial divisions.
8. Court of Session.
9. Courts of Judicial Magistrates.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate,
etc.
11. Special Judicial Magistrates.
12. Local Jurisdiction of Judicial Magistrates.
13. Subordination of Judicial Magistrates.
14. Executive Magistrates.
15. Special Executive Magistrates.
16. Local Jurisdiction of Executive Magistrates.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors
20. Directorate of Prosecution.

CHAPTER III
POWER OF COURTS

21. Courts by which offences are triable.


22. Sentences which High Courts and Sessions Judges may pass.
23. Sentences which Magistrates may pass.
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24. Sentence of imprisonment in default of fine.


25. Sentence in cases of conviction of several offences at one trial.
26. Mode of conferring powers.
27. Powers of officers appointed.
28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors-in-office.

CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE
MAGISTRATES AND THE POLICE

30. Powers of superior officers of police.


31. Public when to assist Magistrates and police.
32. Aid to person, other than police officer, executing warrant.
33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village
to make certain report.

CHAPTER V
ARREST OF PERSONS

35. When police may arrest without warrant.


36. Procedure of arrest and duties of officer making arrest.
37. Designated Police Officer.
38. Right of arrested person to meet an advocate of his choice during
interrogation.
39. Arrest on refusal to give name and residence.
40. Arrest by private person and procedure on such arrest.
41. Arrest by Magistrate.
42. Protection of members of Armed Forces from arrest.
43. Arrest how made.
44. Search of place entered by person sought to be arrested.
45. Pursuit of offenders into other jurisdictions.
46. No unnecessary restraint.
47. Person arrested to be informed of grounds of arrest and of right
to bail.
48. Obligation of person making arrest to inform about arrest, etc.,
to relative or friend.
49. Search of arrested person.
50. Power to seize offensive weapons.
51. Examination of accused by medical practitioner at request of
police officer.
52. Examination of person accused of rape by medical practitioner.
53. Examination of arrested person by medical officer.
54. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest
without warrant.
56. Health and safety of arrested person.
57. Person arrested to be taken before Magistrate or officer in charge
of police station.
Page |4

58. Person arrested not to be detained more than twenty-four hours.


59. Police to report apprehensions.
60. Discharge of person apprehended.
61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.

CHAPTER VI
PROCESSES TO COMPEL APPEARANCE

A.—Summons

63. Form of summons.


64. Summons how served.
65. Service of summons on corporate bodies, firms, and societies.
66. Service when persons summoned cannot be found.
67. Procedure when service cannot be effected as before provided.
68. Service on Government servant.
69. Service of summons outside local limits.
70. Proof of service in such cases and when serving officer not
present.
71. Service of summons on witness.

B.—Warrant of arrest

72. Form of warrant of arrest and duration.


73. Power to direct security to be taken.
74. Warrants to whom directed.
75. Warrant may be directed to any person.
76. Warrant directed to police officer.
77. Notification of substance of warrant.
78. Person arrested to be brought before Court without delay.
79. Where warrant may be executed.
80. Warrant forwarded for execution outside jurisdiction.
81. Warrant directed to police officer for execution outside
Jurisdiction.
82. Procedure on arrest of person against whom warrant issued.
83. Procedure by Magistrate before whom such person arrested is
brought.

C.—Proclamation and attachment

84. Proclamation for person absconding.


85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
87. Claims and objections to attachment.
88. Release, sale and restoration of attached property.
89. Appeal from order rejecting application for restoration of attached
property.
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D.—Other rules regarding processes

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


91. Power to take bond or bail bond for appearance
92. Arrest on breach of bond or bail bond for appearance.
93. Provisions of this Chapter generally applicable to summons and
warrants of arrest.

CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

94. Summons to produce document or other thing.


95. Procedure as to letters.

B.—Search-warrants

96. When search-warrant may be issued.


97. Search of place suspected to contain stolen property, forged
documents, etc.
98. Power to declare certain publications forfeited and to issue
search-warrants for same.
99. Application to High Court to set aside declaration of forfeiture.
100. Search for persons wrongfully confined.
101. Power to compel restoration of abducted females.

C.- General provisions relating to searches

102. Direction, etc., of search-warrants.


103. Persons in charge of closed place to allow search.
104. Disposal of things found in search beyond jurisdiction.

D.—Miscellaneous

105. Recording of search and seizure through audio-video electronic


means.
106. Power of police officer to seize certain property.
107. Attachment, forfeiture or restoration of property.
108. Magistrate may direct search in his presence.
109. Power to impound document, etc., produced.
110. Reciprocal arrangements regarding processes.

CHAPTER VIII
Page |6

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS


AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

111. Definitions.
112. Letter of request to competent authority for investigation in a
country or place outside India.
113. Letter of request from a country or place outside India to a Court
or an authority for investigation in India.
114. Assistance in securing transfer of persons.
115. Assistance in relation to orders of attachment or forfeiture of
property.
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property.
118. Management of properties seized or forfeited under this Chapter.
119. Notice of forfeiture of property.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
123. Procedure in respect of letter of request.
124. Application of this Chapter.

CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

125. Security for keeping peace on conviction.


126. Security for keeping peace in other cases.
127. Security for good behaviour from persons disseminating certain
matters.
128. Security for good behaviour from suspected persons.
129. Security for good behaviour from habitual offenders.
130. Order to be made.
131. Procedure in respect of person present in Court.
132. Summons or warrant in case of person not so present.
133. Copy of order to accompany summons or warrant.
134. Power to dispense with personal attendance.
135. Inquiry as to truth of information.
136. Order to give security.
137. Discharge of person informed against.
138. Commencement of period for which security is required.
139. Contents of bond.
140. Power to reject sureties.
141. Imprisonment in default of security.
142. Power to release persons imprisoned for failing to give security.
143. Security for unexpired period of bond.

CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Page |7

144. Order for maintenance of wives, children and parents.


145. Procedure.
146. Alteration in allowance.
147. Enforcement of order of maintenance.

CHAPTER XI
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

148. Dispersal of assembly by use of civil force.


149. Use of armed forces to disperse assembly.
150. Power of certain armed force officers to disperse assembly.
151. Protection against prosecution for acts done under sections 148,
149 and 150.

B.—Public nuisances

152. Conditional order for removal of nuisance.


153. Service or notification of order.
154. Person to whom order is addressed to obey or show cause.
155. Penalty for failure to comply with section 154.
156. Procedure where existence of public right is denied.
157. Procedure where person against whom order is made under
section 152 appears to show cause.
158. Power of Magistrate to direct local investigation and examination
of an expert.
159. Power of Magistrate to furnish written instructions, etc.
160. Procedure on order being made absolute and consequences of
disobedience.
161. Injunction pending inquiry.
162. Magistrate may prohibit repetition or continuance of public
nuisance.

C.—Urgent cases of nuisance or apprehended danger

163. Power to issue order in urgent cases of nuisance or apprehended


danger.

D.—Disputes as to immovable property

164. Procedure where dispute concerning land or water is likely to


cause breach of peace.
165. Power to attach subject of dispute and to appoint receiver.
Page |8

166. Dispute concerning right of use of land or water.


167. Local Inquiry.

CHAPTER XII
PREVENTIVE ACTION OF THE POLICE

168. Police to prevent cognizable offences.


169. Information of design to commit cognizable offences
170. Arrest to prevent commission of cognizable offences.
171. Prevention of injury to public property.
172. Persons bound to conform to lawful directions of police.

CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

173. Information in cognizable cases.


174. Information as to non-cognizable cases and investigation of such
cases.
175. Police officer’s power to investigate cognizable case.
176. Procedure for investigation.
177. Report how submitted.
178. Power to hold investigation or preliminary inquiry.
179. Police officer’s power to require attendance of witnesses.
180. Examination of witnesses by police.
181. Statements to police and use thereof.
182. No inducement to be offered.
183. Recording of confessions and statements.
184. Medical examination of victim of rape.
185. Search by police officer.
186. When officer in charge of police station may require another to
issue search- warrant.
187. Procedure when investigation cannot be completed in twenty
four hours.
188. Report of investigation by subordinate police officer.
189. Release of accused when evidence deficient.
190. Cases to be sent to Magistrate, when evidence is sufficient.
191. Complainant and witnesses not to be required to accompany
police officer and not to be subject to restraint.
192. Diary of proceedings in investigation.
193. Report of police officer on completion of investigation.
194. Police to enquire and report on suicide, etc.
195. Power to summon persons.
196. Inquiry by Magistrate into cause of death.

CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

197. Ordinary place of inquiry and trial.


Page |9

198. Place of inquiry or trial.


199. Offence triable where act is done or consequence ensues.
200. Place of trial where act is an offence by reason of relation to other
offence.
201. Place of trial in case of certain offences.
202. Offences committed by means of electronic communications,
letters, etc.
203. Offence committed on journey or voyage.
204. Place of trial for offences triable together.
205. Power to order cases to be tried in different sessions divisions.
206. High Court to decide, in case of doubt, district where inquiry or
trial shall take place.
207. Power to issue summons or warrant for offence committed
beyond local jurisdiction.
208. Offence committed outside India.
209. Receipt of evidence relating to offences committed outside India.

CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

210. Cognizance of offences by Magistrate.


211. Transfer on application of accused.
212. Making over of cases to Magistrates.
213. Cognizance of offences by Court of Session.
214. Additional Sessions Judges to try cases made over to them.
215. Prosecution for contempt of lawful authority of public servants,
for offences against public justice and for offences relating to
documents given in evidence.
216. Procedure for witnesses in case of threatening, etc.
217. Prosecution for offences against State and for criminal conspiracy
to commit such offence.
218. Prosecution of Judges and public servants.
219. Prosecution for offences against marriage.
220. Prosecution of offences under section 85 of Bharatiya Nyaya
Sanhita, 2023
221. Cognizance of offence.
222. Prosecution for defamation.

CHAPTER XVI
COMPLAINTS TO MAGISTRATES

223. Examination of complainant.


224. Procedure by Magistrate not competent to take cognizance of
case.
225. Postponement of issue of process.
226. Dismissal of complaint.

CHAPTER XVII
P a g e | 10

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

227. Issue of process.


228. Magistrate may dispense with personal attendance of accused.
229. Special summons in cases of petty offence.
230. Supply to accused of copy of police report and other documents
231. Supply of copies of statements and documents to accused in
other cases triable by Court of Session.
232. Commitment of case to Court of Session when offence is triable
exclusively by it.
233. Procedure to be followed when there is a complaint case and
police investigation in respect of same offence.

CHAPTER XVIII
THE CHARGE

A.—Form of charges

234. Contents of charge.


235. Particulars as to time, place and person.
236. When manner of committing offence must be stated.
237. Words in charge taken in sense of law under which offence is
punishable.
238. Effect of errors.
239. Court may alter charge.
240. Recall of witnesses when charge altered.

B.- Joinder of charges

241. Separate charges for distinct offences.


242. Offences of same kind within year may be charged together.
243. Trial for more than one offence.
244. Where it is doubtful what offence has been committed.
245. When offence proved included in offence charged.
246. What persons may be charged jointly.
247. Withdrawal of remaining charges on conviction on one of several
charges.

CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION

248. Trial to be conducted by Public Prosecutor.


249. Opening case for prosecution.
250. Discharge.
251. Framing of charge.
252. Conviction on plea of guilty.
253. Date for prosecution evidence.
254. Evidence for prosecution.
P a g e | 11

255. Acquittal.
256. Entering upon defence.
257. Arguments.
258. Judgment of acquittal or conviction.
259. Previous conviction.
260. Procedure in cases instituted under sub-section (2) of section
222.

CHAPTER XX
TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

261. Compliance with section 230.


262. When accused shall be discharged.
263. Framing of charge.
264. Conviction on plea of guilty.
265. Evidence for prosecution.
266. Evidence for defence.

B.—Cases instituted otherwise than on police report

267. Evidence for prosecution.


268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.

C.-Conclusion of trial

271. Acquittal or conviction.


272. Absence of complainant.
273. Compensation for accusation without reasonable cause.

CHAPTER XXI
TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. Substance of accusation to be stated.


275. Conviction on plea of guilty.
276. Conviction on plea of guilty in absence of accused in petty cases.
277. Procedure when not convicted.
278. Acquittal or conviction.
279. Non-appearance or death of complainant.
280. Withdrawal of complaint.
281. Power to stop proceedings in certain cases.
282. Power of Court to convert summons-cases into warrant-cases.
P a g e | 12

CHAPTER XXII
SUMMARY TRIALS

283. Power to try summarily.


284. Summary trial by Magistrate of second class.
285. Procedure for summary trials.
286. Record in summary trials.
287. Judgment in cases tried summarily.
288. Language of record and judgment.

CHAPTER XXIII
PLEA BARGAINING

289. Application of Chapter.


290. Application for plea bargaining.
291. Guidelines for mutually satisfactory disposition.
292. Report of mutually satisfactory disposition to be submitted before
Court.
293. Disposal of case.
294. Judgment of Court.
295. Finality of judgment.
296. Power of Court in plea bargaining.
297. Period of detention undergone by accused to be set off against
sentence of imprisonment.
298. Savings.
299. Statements of accused not to be used.
300. Non-application of Chapter.

CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

301. Definitions.
302. Power to require attendance of prisoners.
303. Power of State Government or Central Government to exclude
certain persons from operation of section 302.
304. Officer in charge of prison to abstain from carrying out order in
certain contingencies.
305. Prisoner to be brought to Court in custody.
306. Power to issue commission for examination of witness in prison.

CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

307. Language of Courts.


308. Evidence to be taken in presence of accused.
309. Record in summons-cases and inquiries.
310. Record in warrant-cases.
311. Record in trial before Court of Session.
312. Language of record of evidence.
P a g e | 13

313. Procedure in regard to such evidence when completed.


314. Interpretation of evidence to accused or his advocate.
315. Remarks respecting demeanour of witness.
316. Record of examination of accused.
317. Interpreter to be bound to interpret truthfully.
318. Record in High Court.

B.-Commissions for the examination of witnesses

319. When attendance of witness may be dispensed with and


commission issued.
320. Commission to whom to be issued.
321. Execution of commissions.
322. Parties may examine witnesses.
323. Return of commission.
324. Adjournment of proceeding.
325. Execution of foreign commissions.
326. Deposition of medical witness.
327. Identification report of Magistrate.
328. Evidence of officers of Mint.
329. Reports of certain Government scientific experts.
330. No formal proof of certain documents.
331. Affidavit in proof of conduct of public servants.
332. Evidence of formal character on affidavit.
333. Authorities before whom affidavits may be sworn.
334. Previous conviction or acquittal how proved.
335. Record of evidence in absence of accused.
336. Evidence of public servants, experts, police officers in certain
cases.

CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. Person once convicted or acquitted not to be tried for same


offence.
338. Appearance by Public Prosecutors.
339. Permission to conduct prosecution.
340. Right of person against whom proceedings are instituted to be
defended.
341. Legal aid to accused at State expense in certain cases.
342. Procedure when corporation or registered society is an accused.
343. Tender of pardon to accomplice.
344. Power to direct tender of pardon.
345. Trial of person not complying with conditions of pardon.
346. Power to postpone or adjourn proceedings.
347. Local inspection.
348. Power to summon material witness, or examine person present.
349. Power of Magistrate to order person to give specimen signatures
or handwriting, etc.
350. Expenses of complainants and witnesses.
351. Power to examine accused.
P a g e | 14

352. Oral arguments and memorandum of arguments.


353. Accused person to be competent witness.
354. No influence to be used to induce disclosure.
355. Provision for inquiries and trial being held in absence of accused
in certain cases.
356. Inquiry, trial or judgment in absentia of proclaimed offender.
357. Procedure where accused does not understand proceedings.
358. Power to proceed against other persons appearing to be guilty of
offence.
359. Compounding of offences.
360. Withdrawal from prosecution.
361. Procedure in cases which Magistrate cannot dispose of.
362. Procedure when after commencement of inquiry or trial,
Magistrate finds case should be committed.
363. Trial of persons previously convicted of offences against coinage,
stamp-law or property.
364. Procedure when Magistrate cannot pass sentence sufficiently
severe.
365. Conviction or commitment on evidence partly recorded by one
Magistrate and partly by another.
366. Court to be open.

CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

367. Procedure in case of accused being person of unsound mind.


368. Procedure in case of person of unsound mind tried before Court.
369. Release of person of unsound mind pending investigation or trial.
370. Resumption of inquiry or trial.
371. Procedure on accused appearing before Magistrate or Court.
372. When accused appears to have been of sound mind.
373. Judgment of acquittal on ground of unsoundness of mind
374. Person acquitted on ground of unsoundness of mind to be
detained in safe custody.
375. Power of State Government to empower officer in charge to
discharge.
376. Procedure where prisoner of unsound mind is reported capable of
making his defence.
377. Procedure where person of unsound mind detained is declared fit
to be released.
378. Delivery of person of unsound mind to care of relative or friend.

CHAPTER XXVIII
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF
JUSTICE

379. Procedure in cases mentioned in section 215.


380. Appeal.
381. Power to order costs.
382. Procedure of Magistrate taking cognizance.
383. Summary procedure for trial for giving false evidence.
P a g e | 15

384. Procedure in certain cases of contempt.


385. Procedure where Court considers that case should not be dealt
with under section 384.
386. When Registrar or Sub-Registrar to be deemed a Civil Court.
387. Discharge of offender on submission of apology.
388. Imprisonment or committal of person refusing to answer or
produce document.
389. Summary procedure for punishment for non-attendance by a
witness in obedience to summons.
390. Appeals from convictions under sections 383, 384, 388 and 389.
391. Certain Judges and Magistrates not to try certain offences when
committed before themselves.

CHAPTER XXIX
THE JUDGMENT

392. Judgment.
393. Language and contents of judgment.
394. Order for notifying address of previously convicted offender.
395. Order to pay compensation.
396. Victim compensation scheme.
397. Treatment of victims.
398. Witness protection scheme.
399. Compensation to persons groundlessly arrested.
400. Order to pay costs in non-cognizable cases.
401. Order to release on probation of good conduct or after
admonition.
402. Special reasons to be recorded in certain cases.
403. Court not to alter judgment.
404. Copy of judgment to be given to accused and other persons.
405. Judgment when to be translated.
406. Court of Session to send copy of finding and sentence to District
Magistrate.

CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

407. Sentence of death to be submitted by Court of Session for


confirmation.
408. Power to direct further inquiry to be made or additional evidence
to be taken.
409. Power of High Court to confirm sentence or annul conviction.
410. Confirmation or new sentence to be signed by two Judges.
411. Procedure in case of difference of opinion.
412. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI
APPEALS
P a g e | 16

413. No appeal to lie unless otherwise provided.


414. Appeal from orders requiring security or refusal to accept or
rejecting surety for keeping peace or good behaviour.
415. Appeals from convictions.
416. No appeal in certain cases when accused pleads guilty.
417. No appeal in petty cases.
418. Appeal by State Government against sentence.
419. Appeal in case of acquittal.
420. Appeal against conviction by High Court in certain cases.
421. Special right of appeal in certain cases.
422. Appeal to Court of Session how heard.
423. Petition of appeal.
424. Procedure when appellant in jail.
425. Summary dismissal of appeal.
426. Procedure for hearing appeals not dismissed summarily.
427. Powers of Appellate Court.
428. Judgments of subordinate Appellate Court.
429. Order of High Court on appeal to be certified to lower Court.
430. Suspension of sentence pending appeal; release of appellant on
bail.
431. Arrest of accused in appeal from acquittal.
432. Appellate Court may take further evidence or direct it to be taken.
433. Procedure where Judges of Court of appeal are equally divided.
434. Finality of judgments and orders on appeal.
435. Abatement of appeals.

CHAPTER XXXII
REFERENCE AND REVISION

436. Reference to High Court.


437. Disposal of case according to decision of High Court.
438. Calling for records to exercise powers of revision.
439. Power to order inquiry.
440. Sessions Judge’s powers of revision.
441. Power of Additional Sessions Judge.
442. High Court’s powers of revision.
443. Power of High Court to withdraw or transfer revision cases.
444. Option of Court to hear parties.
445. High Court’s order to be certified to lower Court.

CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES

446. Power of Supreme Court to transfer cases and appeals.


447. Power of High Court to transfer cases and appeals.
448. Power of Sessions Judge to transfer cases and appeals.
449. Withdrawal of cases and appeals by Sessions Judges.
450. Withdrawal of cases by Judicial Magistrates.
P a g e | 17

451. Making over or withdrawal of cases by Executive Magistrates.


452. Reasons to be recorded.

CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF
SENTENCES

A.—Death Sentences

453. Execution of order passed under section 409


454. Execution of sentence of death passed by High Court.
455. Postponement of execution of sentence of death in case of appeal
to Supreme Court.
456. Commutation of sentence of death on pregnant woman.

B.—Imprisonment

457. Power to appoint place of imprisonment.


458. Execution of sentence of imprisonment.
459. Direction of warrant for execution.
460. Warrant with whom to be lodged.

C.—Levy of fine

461. Warrant for levy of fine.


462. Effect of such warrant.
463. Warrant for levy of fine issued by a Court in any territory to which
this Sanhita does not extend.
464. Suspension of execution of sentence of imprisonment.

D.—General provisions regarding execution

465. Who may issue warrant.


466. Sentence on escaped convict when to take effect.
467. Sentence on offender already sentenced for another offence.
468. Period of detention undergone by accused to be set off against
sentence of imprisonment.
469. Saving.
470. Return of warrant on execution of sentence.
471. Money ordered to be paid recoverable as a fine.

E.—Suspension, remission and commutation of sentences

472. Mercy petition in death sentence cases.


473. Power to suspend or remit sentences.
474. Power to commute sentence.
475. Restriction on powers of remission or commutation in certain
cases.
476. Concurrent power of Central Government in case of death
sentences.
P a g e | 18

477. State Government to act after concurrence with Central


Government in certain cases.

CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS

478. In what cases bail to be taken.


479. Maximum period for which undertrial prisoner can be detained.
480. When bail may be taken in case of non-bailable offence.
481. Bail to require accused to appear before next Appellate Court.
482. Direction for grant of bail to person apprehending arrest.
483. Special powers of High Court or Court of Session regarding bail.
484. Amount of bond and reduction thereof.
485. Bond of accused and sureties.
486. Declaration by sureties.
487. Discharge from custody.
488. Power to order sufficient bail when that first taken is insufficient
489. Discharge of sureties.
490. Deposit instead of recognizance.
491. Procedure when bond has been forfeited.
492. Cancellation of bond and bail bond.
493. Procedure in case of insolvency or death of surety or when a bond
is forfeited.
494. Bond required from child.
495. Appeal from orders under section 491
496. Power to direct levy of amount due on certain recognizances

CHAPTER XXXVI
DISPOSAL OF PROPERTY

497. Order for custody and disposal of property pending trial in certain
cases.
498. Order for disposal of property at conclusion of trial.
499. Payment to innocent purchaser of money found on accused.
500. Appeal against orders under section 498 or section 499
501. Destruction of libellous and other matter.
502. Power to restore possession of immovable property.
503. Procedure by police upon seizure of property.
504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.

CHAPTER XXXVII
IRREGULAR PROCEEDINGS

506. Irregularities which do not vitiate proceedings.


507. Irregularities which vitiate proceedings.
508. Proceedings in wrong place.
509. Non-compliance with provisions of section 183 or section 316.
510. Effect of omission to frame, or absence of, or error in, charge.
P a g e | 19

511. Finding or sentence when reversible by reason of error, omission


or irregularity.
512. Defect or error not to make attachment unlawful.

CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
515. Commencement of period of limitation.
516. Exclusion of time in certain cases.
517. Exclusion of date on which Court is closed.
518. Continuing offence.
519. Extension of period of limitation in certain cases.

CHAPTER XXXIX
MISCELLANEOUS

520. Trials before High Courts.


521. Delivery to commanding officers of persons liable to be tried by
Court-martial.
522. Forms.
523. Power of High Court to make rules.
524. Power to alter functions allocated to Executive Magistrate in
certain cases.
525. Cases in which Judge or Magistrate is personally interested.
526. Practising advocate not to sit as Magistrate in certain Courts.
527. Public servant concerned in sale not to purchase or bid for
property.
528. Saving of inherent powers of High Court.
529. Duty of High Court to exercise continuous superintendence over
Courts.
530. Trial and proceedings to be held in electronic mode.
531. Repeal and savings.

THE FIRST SCHEDULE

THE SECOND SCHEDULE

Note: For Reference only. HomePage


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HomePage
Corresponding Section Table of BNSS with Repealed Act

Bharatiya Nagarik Suraksha Code of Criminal Procedure, 1973


Sanhita, 2023
CHAPTER I CHAPTER I
PRELIMINARY PRELIMINARY
1. Short title, extent and 1. Short title, extent and
commencement. commencement
2. Definitions. 2. Definitions.
3. Construction of references. 3. Construction of references.
4. Trial of offences under Bharatiya 4. Trial of offences under the Indian
Nyaya Sanhita, 2023 and other laws. Penal Code and other laws.
5. Saving. 5. Saving.
CHAPTER II CHAPTER II
CONSTITUTION OF CRIMINAL CONSTITUTION OF CRIMINAL
COURTS AND OFFICES COURTS AND OFFICES
6. Classes of Criminal Courts. 6. Classes of Criminal Courts.
7. Territorial divisions. 7. Territorial divisions.
Deleted 8. Metropolitan areas.
8. Court of Session 9. Court of Session.
Deleted 10. Subordination of Assistant
Sessions Judges.
9. Courts of Judicial Magistrates. 11. Courts of Judicial Magistrates.

10. Chief Judicial Magistrate and 12. Chief Judicial Magistrate and
Additional Chief Judicial Magistrate, Additional Chief Judicial Magistrate,
etc. etc.

11. Special Judicial Magistrates 13. Special Judicial Magistrates.


12. Local Jurisdiction of Judicial 14. Local jurisdiction of Judicial
Magistrates. Magistrates.
13. Subordination of Judicial 15. Subordination of Judicial
Magistrates. Magistrates.
Deleted 16. Courts of Metropolitan
Magistrates.
Deleted 17. Chief Metropolitan Magistrate
and Additional Chief Metropolitan
Magistrate.
Deleted 18. Special Metropolitan
Magistrates.
Deleted 19. Subordination of Metropolitan
Magistrates.
14. Executive Magistrates. 20. Executive Magistrates.
15. Special Executive Magistrates. 21. Special Executive Magistrates.
16. Local Jurisdiction of Executive 22. Local Jurisdiction of Executive
Magistrates. Magistrates.
17. Subordination of Executive 23. Subordination of Executive
Magistrates Magistrates.
18. Public Prosecutors. 24. Public Prosecutors.
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19. Assistant Public Prosecutors 25. Assistant Public prosecutors.


20. Directorate of Prosecution. 25A. Directorate of Prosecution.
CHAPTER III CHAPTER III
POWER OF COURTS POWER OF COURTS
21. Courts by which offences are 26. Courts by which offences are
triable. triable.
Deleted 27. Jurisdiction in the case of
juveniles.
22. Sentences which High Courts and 28. Sentences which High Courts and
Sessions Judges may pass. Sessions Judges may pass.

23. Sentences which Magistrates 29. Sentences which Magistrates may


may pass pass.
24. Sentence of imprisonment in 30. Sentence of imprisonment in
default of fine. default of fine.
25. Sentence in cases of conviction 31. Sentence in cases of conviction of
of several offences at one trial. several offences at one trial.
26. Mode of conferring powers. 32. Mode of conferring powers.
27. Powers of officers appointed. 33. Powers of officers appointed.
28. Withdrawal of powers. 34. Withdrawal of powers.
29. Powers of Judges and 35. Powers of Judges and Magistrates
Magistrates exercisable by their exercisable by their successors-in-
successors-in-office. office.
CHAPTER IV CHAPTER IV
POWERS OF SUPERIOR OFFICERS A.–POWERS OF SUPERIOR
OF POLICE AND AID TO THE OFFICERS OF POLICE
MAGISTRATES AND THE POLICE B.–AID TO THE MAGISTRATES
AND THE POLICE
30. Powers of superior officers of 36. Powers of superior officers of
police. police.
31. Public when to assist Magistrates 37. Public when to assist Magistrates
and police. and police.
32. Aid to person, other than police 38. Aid to person, other than police
officer, executing warrant. officer, executing warrant.
33. Public to give information of 39. Public to give information of
certain offences. certain offences.
34. Duty of officers employed in 40. Duty of officers employed in
connection with affairs of a village connection with the affairs of a
to make certain report. village to make certain report.
CHAPTER V CHAPTER V
ARREST OF PERSONS ARREST OF PERSONS
35. When police may arrest without 41. When police may arrest without
warrant warrant.

35(1)
35(2) 41(2)
35(3), 35(4) 35(5), 35(6) 41A Notice of appearance before
police officer
35(7) New Sub-Section
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36. Procedure of arrest and duties of 41B. Procedure of arrest and duties
officer making arrest. of officer making arrest.
37. Designated police officer. 41C. Control room at districts.
38. Right of arrested person to 41D. Right of arrested person to
meet an advocate of his choice meet an advocate of his choice
during interrogation. during interrogation.
42. Arrest on refusal to give name
39. Arrest on refusal to give name
and residence.
and residence.
40. Arrest by private person and 43. Arrest by private person and
procedure on such arrest. procedure on such arrest.
41. Arrest by Magistrate. 44. Arrest by Magistrate.
42. Protection of members of Armed 45. Protection of members of the
Forces from arrest. Armed Forces from arrest.
43. Arrest how made. 46. Arrest how made.
43(1) 46(1)
43(2) 46(2)
43(3) New Sub-Section
43(4) 46(3)
43(5) 46(4)

44. Search of place entered by 47. Search of place entered by


person sought to be arrested person sought to be arrested.
45. Pursuit of offenders into other 48. Pursuit of offenders into other
jurisdictions. jurisdictions.
46. No unnecessary restraint. 49. No unnecessary restraint.
47. Person arrested to be informed 50. Person arrested to be informed
of grounds of arrest and of right to of grounds of arrest and of right to
bail. bail.
48. Obligation of person making 50A. Obligation of person making
arrest to inform about arrest, etc., to arrest to inform about the arrest,
relative or friend. etc., to a nominated person.
49. Search of arrested person. 51. Search of arrested person.
50. Power to seize offensive 52. Power to seize offensive
weapons. weapons.
51. Examination of accused by 53. Examination of accused by
medical practitioner at request of medical practitioner at the request of
police officer. police officer.
51(1) 53(1)
51(2) 53(2)
51(3) New Sub-section
52. Examination of person accused of 53A. Examination of person accused
rape by medical practitioner. of rape by medical practitioner.
53. Examination of arrested person 54. Examination of arrested person
by medical officer. by medical officer.
54. Identification of person arrested. 54A. Identification of person
arrested.
55. Procedure when police officer 55. Procedure when police officer
deputes subordinate to arrest without deputes subordinate to arrest without
warrant. warrant.
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56. Health and safety of arrested 55A. Health and safety of arrested
person. person.
57. Person arrested to be taken 56. Person arrested to be taken
before Magistrate or officer in charge before Magistrate or officer in charge
of police station. of police station.
58. Person arrested not to be 57. Person arrested not to be
detained more than twenty-four detained more than twenty-four
hours. hours.
59. Police to report apprehensions. 58. Police to report apprehensions.
60. Discharge of person 59. Discharge of person
apprehended. apprehended.
61. Power, on escape, to pursue and 60. Power, on escape, to pursue
retake. and retake.
62. Arrest to be made strictly 60A. Arrest to be made strictly
according to Sanhita. according to the Code.
CHAPTER VI CHAPTER VI
PROCESSES TO COMPEL PROCESSES TO COMPEL
APPEARANCE APPEARANCE
A.—Summons A.–Summons
63. Form of summons. 61. Form of summons.
64. Summons how served. 62. Summons how served.
65. Service of summons on corporate 63. Service of summons on
bodies, firms, and societies. corporate bodies and societies.
65(1)
65(2) New Sub-Section
66. Service when persons 64. Service when persons
summoned cannot be found. summoned cannot be found.
67. Procedure when service cannot 65. Procedure when service cannot
be effected as before provided. be effected as before provided.
68. Service on Government servant. 66. Service on Government servant.
69. Service of summons outside 67. Service of summons outside
local limits. local limits.
70. Proof of service in such cases 68. Proof of service in such cases
and when serving officer not present. and when serving officer not present.
70(1) 68 (1)
70(2) 68(2)
70(3) New Sub-Section

71. Service of summons on witness. 69. Service of summons on witness


by post.
B.—Warrant of arrest B.—Warrant of arrest
72. Form of warrant of arrest and 70. Form of warrant of arrest and
duration. duration.
73. Power to direct security to be 71. Power to direct security to be
taken. taken.
74. Warrants to whom directed. 72. Warrants to whom directed.
75. Warrant may be directed to any 73. Warrant may be directed to any
person. person.
76. Warrant directed to police 74. Warrant directed to police
officer. officer.
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77. Notification of substance of 75. Notification of substance of


warrant. warrant.
78. Person arrested to be brought 76. Person arrested to be brought
before Court without delay. before Court without delay.
79. Where warrant may be 77. Where warrant may be
executed. executed.
80. Warrant forwarded for execution 78. Warrant forwarded for execution
outside jurisdiction. outside jurisdiction.
81. Warrant directed to police officer 79. Warrant directed to police
for execution outside jurisdiction. officer for execution outside
jurisdiction.
82. Procedure on arrest of person 80. Procedure on arrest of person
against whom warrant issued. against whom warrant issued.
82(1)
82(2) New Sub-Section
83. Procedure by Magistrate before 81. Procedure by Magistrate before
whom such person arrested is whom such person arrested is
brought. brought.
C.—Proclamation and attachment C.—Proclamation and attachment
84. Proclamation for person 82. Proclamation for person
absconding. absconding.
85. Attachment of property of 83. Attachment of property of
person absconding. person absconding.
86. Identification and attachment New Section
of property of proclaimed person.
87. Claims and objections to 84. Claims and objections to
attachment. attachment.
88. Release, sale and restoration of 85. Release, sale and restoration of
attached property. attached property.
89. Appeal from order rejecting 86. Appeal from order rejecting
application for restoration of attached application for restoration of attached
property. property.
D.—Other rules regarding D.—Other rules regarding
processes processes
90. Issue of warrant in lieu of, or in 87. Issue of warrant in lieu of, or in
addition to, summons. addition to, summons.
91. Power to take bond or bail bond 88. Power to take bond for
for appearance. appearance.
92. Arrest on breach of bond or bail 89. Arrest on breach of bond for
bond for appearance. appearance.
93. Provisions of this Chapter 90. Provisions of this Chapter
generally applicable to summonses generally applicable to summonses
and warrants of arrest. and warrants of arrest.
CHAPTER VII CHAPTER VII
PROCESSES TO COMPEL THE PROCESSES TO COMPEL THE
PRODUCTION OF THINGS PRODUCTION OF THINGS
A.- Summons to produce A.- Summons to produce
94. Summons to produce document 91. Summons to produce document
or other thing. or other thing.
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95. Procedure as to letters. 92. Procedure as to letters and


telegrams.
B.—Search-warrants B.—Search-warrants
96. When search-warrant may be 93. When search-warrant may be
issued. issued.
97. Search of place suspected to 94. Search of place suspected to
contain stolen property, forged contain stolen property, forged
documents, etc. documents, etc.
98. Power to declare certain 95. Power to declare certain
publications forfeited and to issue publications forfeited and to issue
search-warrants for same. search-warrants for same.
99. Application to High Court to set 96. Application to High Court to set
aside declaration of forfeiture. aside declaration of forfeiture.
100. Search for persons wrongfully 97. Search for persons wrongfully
confined. confined.
101. Power to compel restoration of 98. Power to compel restoration of
abducted females. abducted females.
C.- General provisions relating to C.- General provisions relating to
searches searches
102. Direction, etc., of search- 99. Direction, etc., of search-
warrants. warrants.
103. Persons in charge of closed 100. Persons in charge of closed
place to allow search. place to allow search.
104. Disposal of things found in 101. Disposal of things found in
search beyond jurisdiction. search beyond jurisdiction.
D.—Miscellaneous D.—Miscellaneous
105. Recording of search and New Section
seizure through audio-video
electronic means.
106. Power of police officer to seize 102. Power of police officer to seize
certain property. certain property.
107. Attachment, forfeiture or New Section
restoration of property.
108. Magistrate may direct search in 103. Magistrate may direct search in
his presence. his presence.
109. Power to impound document, 104. Power to impound document,
etc., produced. etc., produced.
110. Reciprocal arrangements 105. Reciprocal arrangements
regarding processes. regarding processes.
CHAPTER VIII CHAPTER VIIA
RECIPROCAL ARRANGEMENTS RECIPROCAL ARRANGEMENTS
FOR ASSISTANCE IN CERTAIN FOR ASSISTANCE IN CERTAIN
MATTERS AND PROCEDURE FOR MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE ATTACHMENT AND FORFEITURE
OF PROPERTY OF PROPERTY
111. Definitions. 105A. Definitions.
112. Letter of request to competent 166A. Letter of request to competent
authority for investigation in a authority for investigation in a
country or place outside India. country or place outside India.
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113. Letter of request from a 166B. Letter of request from a


country or place outside India to a country or place outside India to a
Court or an authority for investigation Court or an authority for investigation
in India. in India.
114. Assistance in securing transfer 105B. Assistance in securing transfer
of persons. of persons.
115. Assistance in relation to orders 105C. Assistance in relation to orders
of attachment or forfeiture of of attachment or forfeiture of
property. property.
116. Identifying unlawfully acquired 105D. Identifying unlawfully acquired
property. property.
117. Seizure or attachment of 105E. Seizure or attachment of
property. property.
118. Management of properties 105F. Management of properties
seized or forfeited under this seized or forfeited under this
Chapter. Chapter.
119. Notice of forfeiture of property. 105G. Notice of forfeiture of property.
120. Forfeiture of property in certain 105H. Forfeiture of property in
cases certain cases
121. Fine in lieu of forfeiture. 105-I. Fine in lieu of forfeiture.
122. Certain transfers to be null and 105J. Certain transfers to be null and
void. void.
123. Procedure in respect of letter of 105K. Procedure in respect of letter
request. of request.
124. Application of this Chapter. 105L. Application of this Chapter.
CHAPTER IX CHAPTER VIII
SECURITY FOR KEEPING THE SECURITY FOR KEEPING THE
PEACE AND FOR GOOD PEACE AND FOR GOOD
BEHAVIOUR BEHAVIOUR
125. Security for keeping peace on 106. Security for keeping peace on
conviction. conviction.
126. Security for keeping peace in 107. Security for keeping peace in
other cases. other cases.
127. Security for good behaviour 108. Security for good behaviour
from persons disseminating certain from persons disseminating seditious
matters. matters.
128. Security for good behaviour 109. Security for good behaviour
from suspected persons. from suspected persons.
129. Security for good behaviour 110. Security for good behaviour
from habitual offenders. from habitual offenders.
130. Order to be made. 111. Order to be made.
131. Procedure in respect of person 112. Procedure in respect of person
present in Court. present in Court.
132. Summons or warrant in case of 113. Summons or warrant in case of
person not so present. person not so present.
133. Copy of order to accompany 114. Copy of order to accompany
summons or warrant. summons or warrant.
134. Power to dispense with 115. Power to dispense with
personal attendance. personal attendance.
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135. Inquiry as to truth of 116. Inquiry as to truth of


information. information.
136. Order to give security. 117. Order to give security.
137. Discharge of person informed 118. Discharge of person informed
against. against.
138. Commencement of period for 119. Commencement of period for
which security is required. which security is required.
139. Contents of bond. 120. Contents of bond.
140. Power to reject sureties. 121. Power to reject sureties.
141. Imprisonment in default of 122. Imprisonment in default of
security. security.
142. Power to release persons 123. Power to release persons
imprisoned for failing to give security. imprisoned for failing to give security.
143. Security for unexpired period of 124. Security for unexpired period of
bond. bond.
CHAPTER X CHAPTER IX
ORDER FOR MAINTENANCE OF ORDER FOR MAINTENANCE OF
WIVES, CHILDREN AND PARENTS WIVES, CHILDREN AND PARENTS
144. Order for maintenance of 125. Order for maintenance of
wives, children and parents. wives, children and parents.
145. Procedure. 126. Procedure.
146. Alteration in allowance. 127. Alteration in allowance.
147. Enforcement of order of 128. Enforcement of order of
maintenance. maintenance.
CHAPTER XI CHAPTER X
MAINTENANCE OF PUBLIC ORDER MAINTENANCE OF PUBLIC ORDER
AND TRANQUILLITY AND TRANQUILLITY
A.—Unlawful assemblies A.–Unlawful assemblies
148. Dispersal of assembly by use of 129. Dispersal of assembly by use of
civil force. civil force.
149. Use of armed forces to disperse 130. Use of armed forces to disperse
assembly. assembly.
150. Power of certain armed force 131. Power of certain armed force
officers to disperse assembly. officers to disperse assembly.
151. Protection against prosecution 132. Protection against prosecution
for acts done under sections 148, 149 for acts done under preceding
and 150. sections.
B.—Public nuisances B.—Public nuisances
152. Conditional order for removal of 133. Conditional order for removal of
nuisance. nuisance.
153. Service or notification of order. 134. Service or notification of order.
154. Person to whom order is 135. Person to whom order is
addressed to obey or show cause. addressed to obey or show cause.
155. Penalty for failure to comply 136. Consequences of his failing to
with section 154. do so.
156. Procedure where existence of 137. Procedure where existence of
public right is denied. public right is denied.
157. Procedure where person 138. Procedure where he appears to
against whom order is made under show cause.
section 152 appears to show cause.
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158. Power of Magistrate to direct 139. Power of Magistrate to direct


local investigation and examination oflocal investigation and examination of
an expert. an expert.
159. Power of Magistrate to furnish 140. Power of Magistrate to furnish
written instructions, etc. written instructions, etc.
160. Procedure on order being made 141. Procedure on order being made
absolute and consequences of absolute and consequences of
disobedience. disobedience.
161. Injunction pending inquiry. 142. Injunction pending inquiry.
162. Magistrate may prohibit 143. Magistrate may prohibit
repetition or continuance of public repetition or continuance of public
nuisance. nuisance.
C.—Urgent cases of nuisance or C.—Urgent cases of nuisance or
apprehended danger apprehended danger
163. Power to issue order in urgent 144. Power to issue order in urgent
cases of nuisance or apprehended cases of nuisance or apprehended
danger. danger.
Deleted 144A. Power to prohibit carrying
arms in procession or mass drill or
mass training with arms.
D.—Disputes as to immovable D.—Disputes as to immovable
property property
164. Procedure where dispute 145. Procedure where dispute
concerning land or water is likely to concerning land or water is likely to
cause breach of peace. cause breach of peace.
165. Power to attach subject of 146. Power to attach subject of
dispute and to appoint receiver. dispute and to appoint receiver.
166. Dispute concerning right of use 147. Dispute concerning right of use
of land or water. of land or water.
167. Local Inquiry. 148. Local Inquiry.
CHAPTER XII CHAPTER XI
PREVENTIVE ACTION OF THE PREVENTIVE ACTION OF THE
POLICE POLICE
168. Police to prevent cognizable 149. Police to prevent cognizable
offences. offences.
169. Information of design to 150. Information of design to
commit cognizable offences. commit cognizable offences.
170. Arrest to prevent commission of 151 Arrest to prevent commission of
cognizable offences. cognizable offences.
171. Prevention of injury to public 152. Prevention of injury to public
property. property.
172. Persons bound to conform New Section
to lawful directions of police.
Deleted 153. Inspection of weights and
measures.
CHAPTER-XIII INFORMATION TO CHAPTER-XII INFORMATION TO
THE POLICE AND THEIR POWERS THE POLICE AND THEIR POWERS
TO INVESTIGATE TO INVESTIGATE
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173. Information in cognizable 154. Information in cognizable cases.


cases.
174. Information as to non- 155. Information as to non-
cognizable cases and investigation of cognizable cases and investigation of
such cases. such cases.
175. Police officer’s power to 156. Police officer’s power to
investigate cognizable case. investigate cognizable case.
175(1) 156(1)
175(2) 156(2)
175(3) 156(3)
175(4) New Sub-Section
176. Procedure for investigation. 157. Procedure for investigation.
176(1) 157(1)
176(2) 157(2)
176(3) New Sub-Section
177. Report how submitted. 158. Report how submitted.
178. Power to hold investigation or 159. Power to hold investigation or
preliminary inquiry. preliminary inquiry.
179. Police officer’s power to require 160. Police officer’s power to require
attendance of witnesses. attendance of witnesses.
180. Examination of witnesses by 161. Examination of witnesses by
police. police.
181. Statements to police and use 162. Statements to police not to be
thereof. signed: Use of statements in
evidence.
182. No inducement to be offered. 163. No inducement to be offered.
183. Recording of confessions and 164. Recording of confessions and
statements. statements.
184. Medical examination of victim 164A Medical examination of victim
of rape. of rape.
185. Search by police officer. 165. Search by police officer.
186. When officer in charge of police 166. When officer in charge of police
station may require another to issue station may require another to issue
search- warrant. search- warrant.
187. Procedure when investigation 167. Procedure when investigation
cannot be completed in twenty-four cannot be completed in twenty-four
hours. hours.
188. Report of investigation by 168. Report of investigation by
subordinate police officer. subordinate police officer.
189. Release of accused when 169. Release of accused when
evidence deficient. evidence deficient.
190. Cases to be sent to Magistrate, 170. Cases to be sent to Magistrate,
when evidence is sufficient. when evidence is sufficient.
191. Complainant and witnesses not 171. Complainant and witnesses not
to be required to accompany police to be required to accompany police
officer and not to be subject to officer and not to be subject to
restraint restraint.
192. Diary of proceedings in 172. Diary of proceedings in
investigation. investigation.
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193. Report of police officer on 173. Report of police officer on


completion of investigation. completion of investigation.
194. Police to enquire and report on 174. Police to enquire and report on
suicide, etc. suicide, etc.
195. Power to summon persons. 175. Power to summon persons.
196. Inquiry by Magistrate into 176. Inquiry by Magistrate into
cause of death. cause of death.
CHAPTER XIV CHAPTER XIII
JURISDICTION OF THE CRIMINAL JURISDICTION OF THE CRIMINAL
COURTS IN INQUIRIES AND COURTS IN INQUIRIES AND
TRIALS TRIALS
197. Ordinary place of inquiry and 177. Ordinary place of inquiry and
trial. trial.
198. Place of inquiry or trial. 178. Place of inquiry or trial.
199. Offence triable where act is 179. Offence triable where act is
done or consequence ensues. done or consequence ensues.
200. Place of trial where act is an 180. Place of trial where act is an
offence by reason of relation to other offence by reason of relation to other
offence. offence.
201. Place of trial in case of certain 181. Place of trial in case of certain
offences. offences.
202. Offences committed by means 182. Offences committed by letters,
of electronic communications, letters, etc.
etc.
203. Offence committed on journey 183. Offence committed on journey
or voyage. or voyage.
204. Place of trial for offences triable 184. Place of trial for offences triable
together. together.
205. Power to order cases to be tried 185. Power to order cases to be tried
in different sessions divisions. in different sessions divisions.
206. High Court to decide, in case of 186. High Court to decide, in case of
doubt, district where inquiry or trial doubt, district where inquiry or trial
shall take place. shall take place.
207. Power to issue summons or 187. Power to issue summons or
warrant for offence committed warrant for offence committed
beyond local jurisdiction. beyond local jurisdiction.
208. Offence committed outside 188. Offence committed outside
India. India.
209. Receipt of evidence relating to 189. Receipt of evidence relating to
offences committed outside India. offences committed outside India.
CHAPTER XV CHAPTER XIV
CONDITIONS REQUISITE FOR CONDITIONS REQUISITE FOR
INITIATION OF PROCEEDINGS INITIATION OF PROCEEDINGS
210. Cognizance of offences by 190. Cognizance of offences by
Magistrates. Magistrates.
211. Transfer on application of 191. Transfer on application of
accused. accused.
212. Making over of cases to 192. Making over of cases to
Magistrates. Magistrates.
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213. Cognizance of offences by Court 193. Cognizance of offences by Court


of Session. of Session.
214. Additional Sessions Judges to 194. Additional and Assistant
try cases made over to them. Sessions Judges to try cases made
over to them.
215. Prosecution for contempt of 195. Prosecution for contempt of
lawful authority of public servants, lawful authority of public servants,
for offences against public justice and for offences against public justice and
for offences relating to documents for offences relating to documents
given in evidence. given in evidence.
216. Procedure for witnesses in case 195A. Procedure for witnesses in case
of threatening, etc. of threatening, etc.
217. Prosecution for offences against 196. Prosecution for offences against
State and for criminal conspiracy to State and for criminal conspiracy to
commit such offence. commit such offence.
218. Prosecution of Judges and 197. Prosecution of Judges and
public servants. public servants.
219. Prosecution for offences against 198. Prosecution for offences against
marriage. marriage.
220. Prosecution of offences under 198A. Prosecution of offences under
section 85 of Bharatiya Nyaya section 498A of the Indian Penal
Sanhita, 2023 Code
221. Cognizance of offence. 198B. Cognizance of offence.
222. Prosecution for defamation 199. Prosecution for defamation
CHAPTER XVI CHAPTER XV
COMPLAINTS TO MAGISTRATES COMPLAINTS TO MAGISTRATES
223. Examination of complainant. 200. Examination of complainant.
223(1)
223(2) New Sub-Section
224. Procedure by Magistrate not 201. Procedure by Magistrate not
competent to take cognizance of competent to take cognizance of case
case.
225. Postponement of issue of 202. Postponement of issue of
process. process.
226. Dismissal of complaint. 203. Dismissal of complaint.
CHAPTER XVII CHAPTER XVI
COMMENCEMENT OF COMMENCEMENT OF
PROCEEDINGS BEFORE PROCEEDINGS BEFORE
MAGISTRATES MAGISTRATES
227. Issue of process. 204. Issue of process.
228. Magistrate may dispense with 205. Magistrate may dispense with
personal attendance of accused. personal attendance of accused.
229. Special summons in cases of 206. Special summons in cases of
petty offence. petty offence.
230. Supply to accused of copy of 207. Supply to the accused of copy
police report and other documents. of police report and other documents.
231. Supply of copies of statements 208. Supply of copies of statements
and documents to accused in other and documents to accused in other
cases triable by Court of Session. cases triable by Court of Session.
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232. Commitment of case to Court of 209. Commitment of case to Court of


Session when offence is triable Session when offence is triable
exclusively by it. exclusively by it.
233. Procedure to be followed when 210. Procedure to be followed when
there is a complaint case and police there is a complaint case and police
investigation in respect of same investigation in respect of the same
offence. offence.
CHAPTER XVIII CHAPTER XVII
THE CHARGE THE CHARGE
A.—Form of charges A.–Form of charges
234. Contents of charge. 211. Contents of charge.
235. Particulars as to time, place and 212. Particulars as to time, place
person. and person.
236. When manner of committing 213. When manner of committing
offence must be stated. offence must be stated.
237. Words in charge taken in sense 214. Words in charge taken in sense
of law under which offence is of law under which offence is
punishable. punishable.
238. Effect of errors. 215. Effect of errors.
239. Court may alter charge. 216. Court may alter charge.
240. Recall of witnesses when charge 217. Recall of witnesses when
altered. charge altered.
B.- Joinder of charges B.- Joinder of charges
241. Separate charges for distinct 218. Separate charges for distinct
offences. offences.
242. Offences of same kind within 219. Three offences of same kind
year may be charged together. within year may be charged together.
243. Trial for more than one offence. 220. Trial for more than one offence.
244. Where it is doubtful what 221. Where it is doubtful what
offence has been committed. offence has been committed.
245. When offence proved included in 222. When offence proved included
offence charged. in offence charged.
246. What persons may be charged 223. What persons may be charged
jointly. jointly.
247. Withdrawal of remaining 224. Withdrawal of remaining
charges on conviction on one of charges on conviction on one of
several charges. several charges.
CHAPTER XIX CHAPTER XVIII
TRIAL BEFORE A COURT OF TRIAL BEFORE A COURT OF
SESSION SESSION
248. Trial to be conducted by Public 225. Trial to be conducted by Public
Prosecutor. Prosecutor.
249. Opening case for prosecution. 226. Opening case for prosecution.
250. Discharge.
250(1) New Sub-Section
250(2) 227. Discharge.

251. Framing of charge. 228. Framing of charge.


252. Conviction on plea of guilty. 229. Conviction on plea of guilty.
253. Date for prosecution evidence. 230. Date for prosecution evidence.
P a g e | 33

254. Evidence for prosecution. 231(1). Evidence for prosecution.


254(1). New Sub-Section
254(2). New Sub-Section
254. (3) 231(2).
255. Acquittal. 232. Acquittal.
256. Entering upon defence. 233. Entering upon defence.
257. Arguments. 234. Arguments.
258. Judgment of acquittal or 235. Judgment of acquittal or
conviction conviction.
259. Previous conviction. 236. Previous conviction.
260. Procedure in cases instituted 237. Procedure in cases instituted
under sub-section (2) of section 222. under section 199(2).
CHAPTER XX CHAPTER XIX
TRIAL OF WARRANT-CASES BY TRIAL OF WARRANT-CASES BY
MAGISTRATES MAGISTRATES
A.—Cases instituted on a police A.–Cases instituted on a police
report report
261. Compliance with section 230. 238. Compliance with section 207.
262. When accused shall be
discharged.
262(1) New Sub-Section
262 (2) 239. When accused shall be
discharged.
263. Framing of charge. 240. Framing of charge.
264. Conviction on plea of guilty. 241. Conviction on plea of guilty.
265. Evidence for prosecution. 242. Evidence for prosecution.
266. Evidence for defence. 243. Evidence for defence.
B.—Cases instituted otherwise B.—Cases instituted otherwise
than on police report than on police report
267. Evidence for prosecution. 244. Evidence for prosecution.
268. When accused shall be 245. When accused shall be
discharged. discharged.
269. Procedure where accused is not 246. Procedure where accused is not
discharged. discharged.
270. Evidence for defence. 247. Evidence for defence.
C.-Conclusion of trial C.-Conclusion of trial
271. Acquittal or conviction. 248. Acquittal or conviction.
272. Absence of complainant. 249. Absence of complainant.
273. Compensation for accusation 250. Compensation for accusation
without reasonable cause. without reasonable cause.
CHAPTER XXI CHAPTER XX
TRIAL OF SUMMONS-CASES BY TRIAL OF SUMMONS-CASES BY
MAGISTRATES MAGISTRATES
274. Substance of accusation to be 251. Substance of accusation to be
stated. stated.
275. Conviction on plea of guilty. 252. Conviction on plea of guilty.
276. Conviction on plea of guilty in 253. Conviction on plea of guilty in
absence of accused in petty cases. absence of accused in petty cases.
277. Procedure when not convicted. 254. Procedure when not convicted.
P a g e | 34

278. Acquittal or conviction. 255. Acquittal or conviction.


279. Non-appearance or death of 256. Non-appearance or death of
complainant. complainant.
280. Withdrawal of complaint. 257. Withdrawal of complaint.
281. Power to stop proceedings in 258. Power to stop proceedings in
certain cases. certain cases.
282. Power of Court to convert 259. Power of Court to convert
summons-cases into warrant-cases. summons-cases into warrant-cases.
CHAPTER XXII CHAPTER XXI
SUMMARY TRIALS SUMMARY TRIALS
283. Power to try summarily.
283(2) Summary trial for 260 (1). (i) Summary trial for
imprisonment upto three years imprisonment upto two years
283(3) 260(2).
284. Summary trial by Magistrate of 261. Summary trial by Magistrate of
second class. second class.
285. Procedure for summary trials. 262. Procedure for summary trials.
286. Record in summary trials. 263. Record in summary trials.
287. Judgment in cases tried 264. Judgment in cases tried
summarily. summarily.
288. Language of record and 265. Language of record and
judgment. judgment.
CHAPTER XXIII CHAPTER XXIA
PLEA BARGAINING PLEA BARGAINING
289. Application of Chapter. 265A. Application of the Chapter.
290. Application for plea bargaining. 265B. Application for plea bargaining.
291. Guidelines for mutually 265C. Guidelines for mutually
satisfactory disposition. satisfactory disposition.
292. Report of mutually satisfactory 265D. Report of the mutually
disposition to be submitted before satisfactory disposition to be
Court. submitted before the Court.
293. Disposal of case. 265E. Disposal of the case.
294. Judgment of Court. 265F. Judgment of the Court.
295. Finality of judgment. 265G. Finality of the judgment.
296. Power of Court in plea 265H. Power of the Court in plea
bargaining. bargaining.
297. Period of detention undergone 265-I. Period of detention undergone
by accused to be set off against by the accused to be set off against
sentence of imprisonment. the sentence of imprisonment.
298. Savings. 265J. Savings.
299. Statements of accused not to be 265K. Statements of accused not to
used. be used.
300. Non-application of Chapter. 265L. Non-application of the Chapter.
CHAPTER XXIV CHAPTER XXII
ATTENDANCE OF PERSONS ATTENDANCE OF PERSONS
CONFINED OR DETAINED IN CONFINED OR DETAINED IN
PRISONS PRISONS
301. Definitions. 266. Definitions.
302. Power to require attendance of 267. Power to require attendance of
prisoners. prisoners.
P a g e | 35

303. Power of State Government or 268. Power of State Government to


Central Government to exclude exclude certain persons from
certain persons from operation of operation of section 267.
section 302.
304. Officer in charge of prison to 269. Officer in charge of prison to
abstain from carrying out order in abstain from carrying out order in
certain contingencies. certain contingencies.
305. Prisoner to be brought to Court 270. Prisoner to be brought to Court
in custody. in custody.
306. Power to issue commission for 271. Power to issue commission for
examination of witness in prison. examination of witness in prison.
CHAPTER XXV CHAPTER XXIII
EVIDENCE IN INQUIRIES AND EVIDENCE IN INQUIRIES AND
TRIALS TRIALS
A.—Mode of taking and recording A.–Mode of taking and recording
evidence evidence
307. Language of Courts. 272. Language of Courts.
308. Evidence to be taken in 273. Evidence to be taken in
presence of accused. presence of accused.
309. Record in summons-cases and 274. Record in summons-cases and
inquiries. inquiries.
310. Record in warrant-cases. 275. Record in warrant-cases.
311. Record in trial before Court of 276. Record in trial before Court of
Session. Session.
312. Language of record of evidence. 277. Language of record of evidence.
313. Procedure in regard to such 278. Procedure in regard to such
evidence when completed. evidence when completed.
314. Interpretation of evidence to 279. Interpretation of evidence to
accused or his advocate. accused or his advocate.
315. Remarks respecting demeanour 280. Remarks respecting demeanour
of witness. of witness.
316. Record of examination of 281. Record of examination of
accused. accused.
317. Interpreter to be bound to 282. Interpreter to be bound to
interpret truthfully. interpret truthfully.
318. Record in High Court. 283. Record in High Court.
B.-Commissions for the B.-Commissions for the
examination of witnesses examination of witnesses
319. When attendance of witness 284. When attendance of witness
may be dispensed with and may be dispensed with and
commission issued. commission issued.
320. Commission to whom to be 285. Commission to whom to be
issued. issued.
321. Execution of commissions. 286. Execution of commissions.
322. Parties may examine witnesses. 287. Parties may examine witnesses.
323. Return of commission. 288. Return of commission.
324. Adjournment of proceeding. 289. Adjournment of proceeding.
325. Execution of foreign 290. Execution of foreign
commissions. commissions.
326. Deposition of medical witness. 291. Deposition of medical witness.
P a g e | 36

327. Identification report of 291A. Identification report of


Magistrate. Magistrate.
328. Evidence of officers of the Mint. 292. Evidence of officers of the Mint.
329. Reports of certain Government 293. Reports of certain Government
scientific experts. scientific experts.
330. No formal proof of certain 294. No formal proof of certain
documents. documents.
331. Affidavit in proof of conduct of 295. Affidavit in proof of conduct of
public servants. public servants.
332. Evidence of formal character on 296. Evidence of formal character on
affidavit. affidavit.
333. Authorities before whom 297. Authorities before whom
affidavits may be sworn. affidavits may be sworn.
334. Previous conviction or acquittal 298. Previous conviction or acquittal
how proved. how proved.
335. Record of evidence in absence 299. Record of evidence in absence
of accused. of accused.
336. Evidence of public servants, New Section
experts, police officers in certain
cases.
CHAPTER XXVI CHAPTER XXIV
GENERAL PROVISIONS AS TO GENERAL PROVISIONS AS TO
INQUIRIES AND TRIALS INQUIRIES AND TRIALS
337. Person once convicted or 300. Person once convicted or
acquitted not to be tried for same acquitted not to be tried for same
offence. offence.
338. Appearance by Public 301. Appearance by Public
Prosecutors. Prosecutors.
339. Permission to conduct 302. Permission to conduct
prosecution. prosecution.
340. Right of person against whom 303. Right of person against whom
proceedings are instituted to be proceedings are instituted to be
defended. defended.
341. Legal aid to accused at State 304. Legal aid to accused at State
expense in certain cases. expense in certain cases.
342. Procedure when corporation or 305. Procedure when corporation or
registered society is an accused. registered society is an accused.
343. Tender of pardon to accomplice. 306. Tender of pardon to accomplice.
344. Power to direct tender of 307. Power to direct tender of
pardon. pardon.
345. Trial of person not complying 308. Trial of person not complying
with conditions of pardon. with conditions of pardon.
346. Power to postpone or adjourn 309. Power to postpone or adjourn
proceedings. proceedings.
347. Local inspection. 310. Local inspection.
348. Power to summon material 311. Power to summon material
witness, or examine person present. witness, or examine person present.
349. Power of Magistrate to order 311A. Power of Magistrate to order
person to give specimen signatures person to give specimen signatures
or handwriting. or handwriting.
P a g e | 37

350. Expenses of complainants and 312. Expenses of complainants and


witnesses. witnesses.
351. Power to examine accused. 313. Power to examine the accused.
352. Oral arguments and 314. Oral arguments and
memorandum of arguments. memorandum of arguments.
353. Accused person to be competent 315. Accused person to be competent
witness. witness.
354. No influence to be used to 316. No influence to be used to
induce disclosure. induce disclosure.
355. Provision for inquiries and trial 317. Provision for inquiries and trial
being held in the absence of accused being held in the absence of accused
in certain cases. in certain cases.
356. Inquiry, trial or judgement New Section
in absentia of proclaimed
offender.
357. Procedure where accused does 318. Procedure where accused does
not understand proceedings. not understand proceedings.
358. Power to proceed against other 319. Power to proceed against other
persons appearing to be guilty of persons appearing to be guilty of
offence. offence.
359. Compounding of offences. 320. Compounding of offences.
360. Withdrawal from prosecution. 321. Withdrawal from prosecution.
361. Procedure in cases which 322. Procedure in cases which
Magistrate cannot dispose of. Magistrate cannot dispose of.
362. Procedure when after 323. Procedure when after
commencement of inquiry or trial, commencement of inquiry or trial,
Magistrate finds case should be Magistrate finds case should be
committed. committed.
363. Trial of persons previously 324. Trial of persons previously
convicted of offences against coinage, convicted of offences against coinage,
stamp-law or property. stamp-law or property.
364. Procedure when Magistrate 325. Procedure when Magistrate
cannot pass sentence sufficiently cannot pass sentence sufficiently
severe. severe.
365. Conviction or commitment on 326. Conviction or commitment on
evidence partly recorded by one evidence partly recorded by one
Magistrate and partly by another. Magistrate and partly by another.
366. Court to be open. 327. Court to be open.
CHAPTER XXVII CHAPTER XXV
PROVISIONS AS TO ACCUSED PROVISIONS AS TO ACCUSED
PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND
367. Procedure in case of accused 328. Procedure in case of accused
being person of unsound mind. being lunatic
368. Procedure in case of person of 329. Procedure in case of person of
unsound mind tried before Court. unsound mind tried before Court
369. Release of person of unsound 330. Release of person of unsound
mind pending investigation or trial. mind pending investigation or trial.
370. Resumption of inquiry or trial. 331. Resumption of inquiry or trial.
371. Procedure on accused appearing 332. Procedure on accused appearing
before Magistrate or Court. before Magistrate or Court.
P a g e | 38

372. When accused appears to have 333. When accused appears to have
been of sound mind. been of sound mind.
373. Judgment of acquittal on ground 334. Judgment of acquittal on ground
of unsoundness of mind. of unsoundness of mind.
374. Person acquitted on ground of 335. Person acquitted on ground of
unsoundness of mind to be detained unsoundness of mind to be detained
in safe custody. in safe custody.
375. Power of State Government to 336. Power of State Government to
empower officer in charge to empower officer in charge to
discharge. discharge.
376. Procedure where prisoner of 337. Procedure where lunatic
unsound mind is reported capable of prisoner is reported capable of
making his defence. making his defence.
377. Procedure where person of 338. Procedure where lunatic
unsound mind detained is declared fit detained is declared fit to be
to be released. released.
378. Delivery of person of unsound 339. Delivery of lunatic to care of
mind to care of relative or friend. relative or friend.
CHAPTER XXVIII CHAPTER XXVI
PROVISIONS AS TO OFFENCES PROVISIONS AS TO OFFENCES
AFFECTING THE AFFECTING THE
ADMINISTRATION OF JUSTICE ADMINISTRATION OF JUSTICE
379. Procedure in cases mentioned in 340. Procedure in cases mentioned in
section 215. section 195
380. Appeal. 341. Appeal.
381. Power to order costs. 342. Power to order costs.
382. Procedure of Magistrate taking 343. Procedure of Magistrate taking
cognizance. cognizance.
383. Summary procedure for trial for 344. Summary procedure for trial for
giving false evidence. giving false evidence.
384. Procedure in certain cases of 345. Procedure in certain cases of
contempt. contempt.
385. Procedure where Court 346. Procedure where Court
considers that case should not be considers that case should not be
dealt with under section 384. dealt with under section 345.
386. When Registrar or Sub-Registrar 347. When Registrar or Sub-Registrar
to be deemed a Civil Court. to be deemed a Civil Court.
387. Discharge of offender on 348. Discharge of offender on
submission of apology. submission of apology.
388. Imprisonment or committal of 349. Imprisonment or committal of
person refusing to answer or produce person refusing to answer or produce
document. document.
389. Summary procedure for 350. Summary procedure for
punishment for non-attendance by a punishment for non-attendance by a
witness in obedience to summons. witness in obedience to summons.
390. Appeals from convictions under 351. Appeals from convictions under
sections 383, 384, 388 and 389. sections 344, 345, 349 and 350.
391. Certain Judges and Magistrates 352. Certain Judges and Magistrates
not to try certain offences when not to try certain offences when
committed before themselves. committed before themselves.
P a g e | 39

Chapter XXIX Chapter XXVII


THE JUDGMENT THE JUDGMENT
392. Judgment. 353. Judgment.
393. Language and contents of 354. Language and contents of
judgment. judgment.
DELETED 355. Metropolitan Magistrate's
judgment.
394. Order for notifying address of 356. Order for notifying address of
previously convicted offender. previously convicted offender.
395. Order to pay compensation. 357. Order to pay compensation.
396. Victim compensation scheme.
396(1) – 396(6) 357A. Victim compensation scheme.
396(7) 357B. Compensation to be in addition
to fine under section 326A or section
376D of Indian Penal Code.
397. Treatment of victims. 357C. Treatment of victims.
398. Witness protection scheme. New Section
399. Compensation to persons 358. Compensation to persons
groundlessly arrested. groundlessly arrested.
400. Order to pay costs in non- 359. Order to pay costs in non-
cognizable cases. cognizable cases.
401. Order to release on probation of 360. Order to release on probation of
good conduct or after admonition. good conduct or after admonition.
402. Special reasons to be recorded 361. Special reasons to be recorded
in certain cases. in certain cases.
403. Court not to alter judgment. 362. Court not to alter judgment.
404. Copy of judgment to be given to 363. Copy of judgment to be given to
the accused and other persons. the accused and other persons.
405. Judgment when to be 364. Judgment when to be
translated. translated.
406. Court of Session to send copy of 365. Court of Session to send copy of
finding and sentence to District finding and sentence to District
Magistrate. Magistrate.
CHAPTER XXX CHAPTER XXVIII
SUBMISSION OF DEATH SUBMISSION OF DEATH
SENTENCES FOR CONFIRMATION SENTENCES FOR CONFIRMATION
407. Sentence of death to be 366. Sentence of death to be
submitted by Court of Session for submitted by Court of Session for
confirmation. confirmation.
408. Power to direct further inquiry 367. Power to direct further inquiry
to be made or additional evidence to to be made or additional evidence to
be taken. be taken.
409. Power of High Court to confirm 368. Power of High Court to confirm
sentence or annul conviction. sentence or annul conviction.
410. Confirmation or new sentence to 369. Confirmation or new sentence to
be signed by two Judges. be signed by two Judges.
411. Procedure in case of difference 370. Procedure in case of difference
of opinion. of opinion.
412. Procedure in cases submitted to 371. Procedure in cases submitted to
High Court for confirmation. High Court for confirmation.
P a g e | 40

CHAPTER XXXI CHAPTER XXIX


APPEALS APPEALS
413. No appeal to lie unless 372. No appeal to lie unless
otherwise provided. otherwise provided.
414. Appeal from orders requiring 373. Appeal from orders requiring
security or refusal to accept or security or refusal to accept or
rejecting surety for keeping peace or rejecting surety for keeping peace or
good behaviour. good behaviour.
415. Appeals from convictions. 374. Appeals from convictions.
416. No appeal in certain cases when 375. No appeal in certain cases when
accused pleads guilty. accused pleads guilty.
417. No appeal in petty cases. 376. No appeal in petty cases.
418. Appeal by State Government 377. Appeal by the State Government
against sentence. against sentence.
419. Appeal in case of acquittal. 378. Appeal in case of acquittal.
420. Appeal against conviction by 379. Appeal against conviction by
High Court in certain cases. High Court in certain cases.
421. Special right of appeal in certain 380. Special right of appeal in certain
cases. cases.
422. Appeal to Court of Session how 381. Appeal to Court of Session how
heard. heard.
423. Petition of appeal. 382. Petition of appeal.
424. Procedure when appellant in jail. 383. Procedure when appellant in jail.
425. Summary dismissal of appeal. 384. Summary dismissal of appeal.
426. Procedure for hearing appeals 385. Procedure for hearing appeals
not dismissed summarily. not dismissed summarily.
427. Powers of Appellate Court. 386. Powers of the Appellate Court.
428. Judgments of subordinate 387. Judgments of subordinate
Appellate Court. Appellate Court.
429. Order of High Court on appeal to 388. Order of High Court on appeal to
be certified to lower Court. be certified to lower Court.
430. Suspension of sentence pending 389. Suspension of sentence pending
the appeal; release of appellant on the appeal; release of appellant on
bail. bail.
431. Arrest of accused in appeal from 390. Arrest of accused in appeal from
acquittal. acquittal.
432. Appellate Court may take 391. Appellate Court may take
further evidence or direct it to be further evidence or direct it to be
taken. taken.
433. Procedure where Judges of 392. Procedure where Judges of
Court of Appeal are equally divided. Court of Appeal are equally divided.
434. Finality of judgments and orders 393. Finality of judgments and orders
on appeal. on appeal.
435. Abatement of appeals. 394. Abatement of appeals.
CHAPTER XXXII CHAPTER XXX
REFERENCE AND REVISION REFERENCE AND REVISION
436. Reference to High Court. 395. Reference to High Court.
437. Disposal of case according to 396. Disposal of case according to
decision of High Court. decision of High Court.
P a g e | 41

438. Calling for records to exercise 397. Calling for records to exercise
powers of revision. powers of revision.
439. Power to order inquiry. 398. Power to order inquiry.
440. Sessions Judge’s powers of 399. Sessions Judge’s powers of
revision. revision.
441. Power of Additional Sessions 400. Power of Additional Sessions
Judge. Judge.
442. High Court’s powers of revision. 401. High Court’s powers of revision.
443. Power of High Court to withdraw 402. Power of High Court to withdraw
or transfer revision cases. or transfer revision cases.
444. Option of Court to hear parties. 403. Option of Court to hear parties.
Deleted 404. Statement by Metropolitan
Magistrate of grounds of his
decision to be considered by High
Court.
445. High Court’s order to be certified 405. High Court’s order to be certified
to lower Court. to lower Court.
CHAPTER XXXIII CHAPTER XXXI
TRANSFER OF CRIMINAL CASES TRANSFER OF CRIMINAL CASES
446. Power of Supreme Court to 406. Power of Supreme Court to
transfer cases and appeals. transfer cases and appeals.
447. Power of High Court to transfer 407. Power of High Court to transfer
cases and appeals. cases and appeals.
448. Power of Sessions Judge to 408. Power of Sessions Judge to
transfer cases and appeals. transfer cases and appeals.
449. Withdrawal of cases and appeals 409. Withdrawal of cases and appeals
by Sessions Judges. by Sessions Judge.
450. Withdrawal of cases by Judicial 410. Withdrawal of cases by Judicial
Magistrates. Magistrate.
451. Making over or withdrawal of 411. Making over or withdrawal of
cases by Executive Magistrates. cases by Executive Magistrates.
452. Reasons to be recorded. 412 Reasons to be recorded.
CHAPTER XXXIV CHAPTER XXXII
EXECUTION, SUSPENSION, EXECUTION, SUSPENSION,
REMISSION AND COMMUTATION REMISSION AND COMMUTATION
OF SENTENCES OF SENTENCES
A.—Death Sentences A.—Death Sentences
453. Execution of order passed under 413. Execution of order passed under
section 409 section 368
454. Execution of sentence of death 414. Execution of sentence of death
passed by High Court. passed by High Court.
455. Postponement of execution of 415. Postponement of execution of
sentence of death in case of appeal sentence of death in case of appeal
to Supreme Court. to Supreme Court.
456. Commutation of sentence of 416. Postponement of capital
death on pregnant woman. sentence on pregnant woman.
B.—Imprisonment B.—Imprisonment
457. Power to appoint place of 417. Power to appoint place of
imprisonment. imprisonment.
P a g e | 42

458. Execution of sentence of 418. Execution of sentence of


imprisonment. imprisonment.
459. Direction of warrant for 419. Direction of warrant for
execution. execution.
460. Warrant with whom to be 420. Warrant with whom to be
lodged. lodged.
C.—Levy of fine C.—Levy of fine
461. Warrant for levy of fine. 421. Warrant for levy of fine.
462. Effect of such warrant. 422. Effect of such warrant.
463. Warrant for levy of fine issued 423. Warrant for levy of fine issued
by a Court in any territory to which by a Court in any territory to which
this Sanhita does not extend. this Code does not extend.
464. Suspension of execution of 424. Suspension of execution of
sentence of imprisonment. sentence of imprisonment.
D.—General provisions regarding D.—General provisions regarding
execution execution
465. Who may issue warrant. 425. Who may issue warrant.
466. Sentence on escaped convict 426. Sentence on escaped convict
when to take effect. when to take effect.
467. Sentence on offender already 427. Sentence on offender already
sentenced for another offence. sentenced for another offence.
468. Period of detention undergone 428. Period of detention undergone
by accused to be set off against by accused to be set off against
sentence of imprisonment. sentence of imprisonment.
469. Saving. 429. Saving.
470. Return of warrant on execution 430. Return of warrant on execution
of sentence. of sentence.
471. Money ordered to be paid 431. Money ordered to be paid
recoverable as a fine. recoverable as a fine.
E.—Suspension, remission and E.—Suspension, remission and
commutation of sentences commutation of sentences
472. Mercy Petition in death New Section
sentence cases.
473. Power to suspend or remit 432. Power to suspend or remit
sentences. sentences.
474. Power to commute sentence. 433. Power to commute sentence.
475. Restriction on powers of 433A. Restriction on powers of
remission or commutation in certain remission or commutation in certain
cases. cases.
476. Concurrent power of Central 434. Concurrent power of Central
Government in case of death Government in case of death
sentences. sentences.
477. State Government to act after 435. State Government to act after
concurrence with Central Government concurrence with Central Government
in certain cases. in certain cases.
CHAPTER XXXV CHAPTER XXXIII
PROVISIONS AS TO BAIL AND PROVISIONS AS TO BAIL AND
BONDS BONDS
478. In what cases bail to be taken. 436. In what cases bail to be taken.
P a g e | 43

479. Maximum period for which 436A. Maximum period for which
undertrial prisoner can be detained. undertrial prisoner can be detained.
480. When bail may be taken in case 437. When bail may be taken in case
of non-bailable offence. of non-bailable offence.
481. Bail to require accused to 437A. Bail to require accused to
appear before next appellate Court. appear before next appellate Court.
482. Direction for grant of bail to 438. Direction for grant of bail to
person apprehending arrest. person apprehending arrest.
483. Special powers of High Court or 439. Special powers of High Court or
Court of Session regarding bail. Court of Session regarding bail.
484. Amount of bond and reduction 440. Amount of bond and reduction
thereof. thereof.
485. Bond of accused and sureties. 441. Bond of accused and sureties.
486. Declaration by sureties. 441A. Declaration by sureties.
487. Discharge from custody. 442. Discharge from custody.
488. Power to order sufficient bail 443. Power to order sufficient bail
when that first taken is insufficient. when that first taken is insufficient
489. Discharge of sureties. 444. Discharge of sureties.
490. Deposit instead of recognizance. 445. Deposit instead of recognizance.
491. Procedure when bond has been 446. Procedure when bond has been
forfeited. forfeited.
492. Cancellation of bond and bail 446A. Cancellation of bond and bail
bond. bond.
493. Procedure in case of insolvency 447. Procedure in case of insolvency
or death of surety or when a bond is or death of surety or when a bond is
forfeited. forfeited.
494. Bond required from child. 448. Bond required from minor.
495. Appeal from orders under 449. Appeal from orders under
section 491. section 446.
496. Power to direct levy of amount 450. Power to direct levy of amount
due on certain recognizances. due on certain recognizances.
CHAPTER XXXVI CHAPTER XXXIV
DISPOSAL OF PROPERTY DISPOSAL OF PROPERTY
497. Order for custody and disposal 451. Order for custody and disposal
of property pending trial in certain of property pending trial in certain
cases. cases.
497(2) New Sub-Section
497(3) New Sub-Section
497(4) New Sub-Section
497(5) New Sub-Section
498. Order for disposal of property at 452. Order for disposal of property at
conclusion of trial. conclusion of trial.
499. Payment to innocent purchaser 453. Payment to innocent purchaser
of money found on accused. of money found on accused.
500. Appeal against orders under 454. Appeal against orders under
section 498 or section 499. section 452 or section 453.
501. Destruction of libellous and 455 Destruction of libellous and other
other matter. matter.
502. Power to restore possession of 456 Power to restore possession of
immovable property. immovable property.
P a g e | 44

503. Procedure by police upon 457. Procedure by police upon


seizure of property. seizure of property.
504. Procedure where no claimant 458. Procedure where no claimant
appears within six months. appears within six months.
505. Power to sell perishable 459. Power to sell perishable
property. property.
CHAPTER XXXVII CHAPTER XXXV
IRREGULAR PROCEEDINGS IRREGULAR PROCEEDINGS
506. Irregularities which do not 460. Irregularities which do not
vitiate proceedings. vitiate proceedings.
507. Irregularities which vitiate 461. Irregularities which vitiate
proceedings. proceedings.
508. Proceedings in wrong place. 462. Proceedings in wrong place.
509. Non-compliance with provisions 463. Non-compliance with provisions
of section 183 or section 316. of section 164 or section 281.
510. Effect of omission to frame, or 464. Effect of omission to frame, or
absence of, or error in, charge. absence of, or error in, charge.
511. Finding or sentence when 465. Finding or sentence when
reversible by reason of error, reversible by reason of error,
omission or irregularity. omission or irregularity.
512. Defect or error not to make 466. Defect or error not to make
attachment unlawful. attachment unlawful.
CHAPTER XXXVIII CHAPTER XXXVI
LIMITATION FOR TAKING LIMITATION FOR TAKING
COGNIZANCE OF CERTAIN COGNIZANCE OF CERTAIN
OFFENCES OFFENCES
513. Definitions. 467. Definitions.
514. Bar to taking cognizance after 468. Bar to taking cognizance after
lapse of period of limitation. lapse of the period of limitation.
515. Commencement of period of 469. Commencement of the period of
limitation. limitation.
516. Exclusion of time in certain 470. Exclusion of time in certain
cases. cases.
517. Exclusion of date on which Court 471. Exclusion of date on which Court
is closed. is closed.
518. Continuing offence. 472. Continuing offence.
519. Extension of period of limitation 473. Extension of period of limitation
in certain cases. in certain cases.
CHAPTER XXXIX CHAPTER XXXVII
MISCELLANEOUS MISCELLANEOUS
520. Trials before High Courts. 474. Trials before High Courts.
521. Delivery to commanding officers 475. Delivery to commanding officers
of persons liable to be tried by Court- of persons liable to be tried by Court-
martial. martial.
522. Forms. 476. Forms.
523. Power of High Court to make 477. Power of High Court to make
rules. rules.
524. Power to alter functions 478. Power to alter functions
allocated to Executive Magistrate in allocated to Executive Magistrate in
certain cases. certain cases.
P a g e | 45

525. Cases in which Judge or 479. Cases in which Judge or


Magistrate is personally interested. Magistrate is personally interested.
526. Practising advocate not to sit as 480. Practising pleader not to sit as
Magistrate in certain Courts. Magistrate in certain Courts.
527. Public servant concerned in sale 481. Public servant concerned in sale
not to purchase or bid for property. not to purchase or bid for property.
528. Saving of inherent powers of 482. Saving of inherent powers of
High Court. High Court.
529. Duty of High Court to exercise 483. Duty of High Court to exercise
continuous superintendence over continuous superintendence over
Courts. Courts of Judicial Magistrates.
530. Trial and proceedings to be New Section
held in electronic mode.
531. Repeal and savings. 484. Repeal and savings.

Note: For Reference only. HomePage


P a g e | 195

Offence Section of the Person by whom


Bharatiya Nyaya offence
Sanhita, 2023 may be
applicable compounded
1 2 3
Enticing or taking away 84 The husband of the
or detaining with woman and the
criminal intent a woman.
married woman.

Voluntarily causing 115(2) The person to whom


hurt the hurt is caused

Voluntarily causing 122(1) The person to whom


hurt on provocation the hurt is caused

Voluntarily causing 122(2) The person to whom


grievous hurt on grave the hurt is caused
and sudden
isprovocation.
Wrongfully restraining 126(2), 127(2) The person restrained
or confining any or confined
person.
Wrongfully confining a 127(3) The person confined.
person for three days
or more.

Wrongfully confining a 127(4) The person confined.


person for ten days or
more
Wrongfully confining a 127(6) The person confined.
person in secret
Assault or use of 131, 133,136 The person assaulted
criminal force. or to whom criminal
force is used.

Uttering words, etc., 302 The person whose


with religious feelings are
deliberate intent to intended to be
wound wounded.
the religious feelings of
any person.
Theft 303(2) The owner of the
property
stolen.
Dishonest 314 The owner of the
misappropriation of property
property. misappropriated.
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Criminal breach of 316(3) The owner of the


trust by a carrier, property in respect of
wharfinger, etc. which the breach
of trust has been
committed
Dishonestly receiving 317(2) The owner of the
stolen property stolen.
property knowing it to
be stolen.
Assisting in the 317(5) The owner of the
concealment property stolen.
or disposal of stolen
property,
knowing it to be stolen.
Cheating. 318(2) The person cheated
Cheating by 319(2) The person cheated
personation
Fraudulent removal or 320 The creditors who are
concealment of affected thereby
property, etc., to
prevent distribution
among creditors.
Fraudulently 321 The creditors who are
preventing from being affected thereby
made available for his
creditors a debt or
demand due to the
offender
Fraudulent execution 322 The person affected
of deed of transfer thereby
containing false
statement of
consideration
Fraudulent removal or 323 The person affected
concealment of thereby
property
Mischief, when the only 324(2), 324(4) The person to whom
loss or damage caused the loss or damage is
is loss or damage to a caused
private person
Mischief by killing or 325 The owner of the
maiming animal animal
Mischief by injury to 326(a) The person to whom
works of irrigation by the loss or damage is
wrongfully diverting caused
water when the only
loss or damage caused
is loss or damage to
private person
Criminal trespass 329(3) The person in
possession of the
P a g e | 197

property trespassed
upon.
House-trespass 329(4) The person in
possession of the
property trespassed
upon.
House-trespass to 332(c) The person in
commit an offence possession of the
(other than theft) property trespassed
punishable with upon.
imprisonment
Using a false trade or 345(3) The person to whom
property mark loss or injury is caused
by such use.
Counterfeiting a 347(I) The person to whom
property mark used by loss or injury is caused
another by such use.
Selling goods marked 349 The person to whom
with a counterfeit loss or injury is caused
property mark by such use.
Criminal intimidation 351(2), 351(3) The person intimidated
Insult intended to 352 The person insulted
provoke a breach of
peace
Inducing person to 354 The person induced
believe himself an
object of divine
displeasure
Defamation, except 356(2) The person defamed
such cases as are
specified against
section 356(2) of the
Bharatiya Nyaya
Sanhita, 2023, column
1 of the table under
sub-section (2)
Printing or engraving 356(3) The person defamed
matter, knowing it to
be defamatory
Sale of printed or 356(4) The person defamed
engraved substance
containing defamatory
matter, knowing it to
contain such matter.
Criminal breach of 357 The person with whom
contract of service the offender has
contracted.

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita,
2023 specified in the first two columns of the Table next following may, with the
P a g e | 198

permission of the Court before which any prosecution for such offence is pending,
be compounded by the persons mentioned in the third column of that Table: —

Offence Section of the Person by whom


Bharatiya Nyaya offence
Sanhita applicable may be
compounded
1 2 3
Word, gesture or act 79 The woman whom it
intended to insult the was intended to insult
modesty of a women or whose privacy was
intruded upon
Marrying again during 82(I) The husband or wife of
the life-time of a the person so
husband or wife. marrying.

Causing miscarriage 88 The women to whom


miscarriage is caused
Voluntarily causing 117(2) The person to whom
grievous hurt hurt is caused
Causing hurt by doing 125(a) The person to whom
an act so rashly and hurt is caused
negligently as to
endanger human life or
the personal safety of
others.

Causing grievous hurt 125(b) The person to whom


by doing an act so hurt is caused
rashly and negligently
as to endanger human
life or the personal
safety of others.

Assault or criminal 135 The person assaulted


force in attempting or to whom force was
wrongfully to confine a caused.
person.
Theft, by clerk or 306 The owner of the
servant of property in property stolen
possession of master.
Criminal breach of 316(2) The owner of the
trust property in respect of
which breach of trust
has been committed.
Criminal breach of 316(4) The owner of the
trust by clerk or property in respect of
servant which breach of trust
has been committed.
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Cheating a person 318(3) The person cheated


whose interest the
offender was bound,
either by law or by
legal contract, to
protect
Cheating and 318(4) The person cheated
dishonestly inducing
delivery of property or
the making, alteration
or destruction of a
valuable security.
Defamation against the 356(2) The person defamed.
President or the Vice-
president or the
Governor of the state
or the Administrator of
the union territory or a
Minster in respect of
his public functions
when instituted upon a
complaint made by the
public prosecutor.

(3) When an offence is compoundable under this section, the abetment of such
offence or an attempt to commit such offence (when such attempt is itself an
offence) or where the accused is liable under sub-section (5) of section 3 or section
190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to compound an
offence under this section is a child or of unsound mind, any person competent to
contract on his behalf may, with the permission of the Court, compound such
offence;
(b) When the person who would otherwise be competent to compound an
offence under this section is dead, the legal representative, as defined in the Code
of Civil Procedure, 1908 of such person may, with the consent of the Court,
compound such offence.
(5) When the accused has been committed for trial or when he has been
convicted and an appeal is pending, no composition for the offence shall be allowed
without the leave of the Court to which he is committed, or, as the case may be,
before which the appeal is to be heard.
(6) A High Court or Court of Session acting in the exercise of its powers of
revision under section 442 may allow any person to compound any offence which
such person is competent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhanced punishment or to a punishment of a different
kind for such offence.
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HomePage
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya
Sanhita, the entries in the second and third columns against
a section the number of which is given in the first column are
not intended as the definition of, and the punishment
prescribed for, the offence in the Bharatiya Nyaya Sanhita,
but merely as indication of the substance of the section.
(2) In this Schedule, (i) the expression "Magistrate of the first
class" and "any Magistrate" does not include Executive
Magistrates; (ii) the word "cognizable" stands for "a police
officer may arrest without warrant"; and (iii) the word "non-
cognizable" stands for "a police officer shall not arrest without
warrant".
I. —OFFENCES UNDER THE BHARATIYA NYAYA SANHITA

Cognizable
Section Offence Punishment or Bailable or By what
Non- Non- bailable Court
cognizabl triable
e
1 2 3 4 5 6
Abetment of Same as for According as According as Court by
49 any offence, offence abetted. offence offence abetted which
if the act abetted is is bailable or offence
abetted is cognizable or non-bailable. abetted is
committed in non- triable.
consequence, cognizable.
and where no
express
provision is
made for its
punishment.
50 Abetment of Same as for According as According as Court by
any offence, offence abetted. offence offence abetted which
if the person abetted is is bailable or offence
abetted does cognizable non-bailable. abetted is
act with or non- triable.
different cognizable.
intention
from that of
abettor.
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51 Abetment of Same as for According as According as Court by


any offence, offence intended offence offence abetted which
when one act to be abetted. abetted is is bailable or offence
is abetted and cognizable or non-bailable. abetted is
a different act non- triable.
is done; cognizable.
subject to the
proviso.

52 Abettor when Same as for According as According as Court by


liable to offence abetted. offence offence abetted which
cumulative abetted is is bailable or offence
punishment cognizable or non-bailable. abetted is
for act non- triable.
abetted and cognizable.
for act done.
53 Abetment of Same as for According as According as Court by
any offence, offence offence offence abetted which
when an committed. abetted is is bailable or offence
effect is cognizable or non-bailable. abetted is
caused by the non- triable.
act abetted cognizable.
different from
that intended
by the
abettor.
54 Abetment of Same as for According as According as Court by
any offence, if offence offence offence abetted which
abettor committed. abetted is is bailable or offence
present when cognizable or non-bailable. abetted is
offence is non- triable.
committed. cognizable.
55 Abetment of Imprisonment According as Non-bailable. Court by
an offence, for 7 years and offence which
punishable fine. abetted is offence
with death or cognizable or abetted is
imprisonment non- triable.
for life, if the cognizable.
offence be not
committed in
consequence
of the
abetment.

If an act Imprisonment for According as Non-bailable. Court by


which causes 14 years and offence which
harm to be fine. abetted is offence
done in cognizable or abetted is
consequence non- triable.
of the cognizable.
abetment.
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56 Abetment of Imprisonment According as According as Court by


an offence, extending offence offence abetted which
punishable to one-fourth of abetted is is bailable or offence
with the longest term cognizable or non-bailable. abetted is
imprisonment, provided for the non- triable.
if the offence offence, or fine, cognizable.
be not or both.
committed in
consequence
of the
abetment.
If the abettor Imprisonment According as According as Court by
or the person extending to offence offence abetted which
abetted be a one-half of the abetted is is bailable or offence
public servant longest term cognizable or non-bailable. abetted is
whose duty it provided for the non- triable.
is to prevent offence, or fine, cognizable.
the offence. or both.
57 Abetting Imprisonment According as According as Court by
commission of which may offence offence abetted which
an offence by extend to 7 abetted is is bailable or offence
the public or years and fine. cognizable or non-bailable. abetted is
by more than non- triable.
ten persons. cognizable.

58(a) Concealing Imprisonment for According as Non-bailable. Court by


design to 7 years and fine. offence which
commit abetted is offence
offence cognizable or abetted is
punishable non- triable.
with death or cognizable.
imprisonment
for life, if the
offence be
committed.
58(b) If offence be Imprisonment for According as Bailable. Court by
not 3 years and fine. offence which
committed. abetted is offence
cognizable or abetted is
non- triable.
cognizable.

59(a) A public Imprisonment According as According as Court by


servant extending to one- offence offence abetted which
concealing a half of the abetted is is bailable or offence
design to longest term cognizable or non-bailable. abetted is
commit an provided for the non- triable.
offence which offence, or fine, cognizable.
it is his duty to or both.
prevent, if the
offence be
committed.
P a g e | 266

59(b) If the offence Imprisonment According as Non-bailable. Court by


be punishable for 10 years. offence which
with death or abetted is offence
imprisonment cognizable or abetted is
for life. non- triable.
cognizable.

59(c) If the offence Imprisonment According as Bailable. Court by


be not extending to one- offence which
committed. fourth of the abetted is offence
longest term cognizable or abetted is
provided for the non- triable.
offence, or fine, cognizable.
or both.
60(a) Concealing a Imprisonment According as According as Court by
design to extending to one- offence offence abetted which
commit an fourth of the abetted is is bailable or offence
offence longest term cognizable or non-bailable. abetted is
punishable provided for the non- triable.
with offence, or fine, cognizable.
imprisonment, or both.
if offence be
committed.
60(b) If the offence Imprisonment According as Bailable. Court by
be not extending offence which
committed. to one-eighth abetted is offence
part of the cognizable or abetted is
longest term non- triable.
provided for cognizable.
the offence, or
fine,
or both.
61(2)(a) Criminal Same as for According as According as Court by
conspiracy to abetment of the the offence offence which is which
commit an offence which is which is the object of abetment of
offence the object of the object of conspiracy is the offence
punishable conspiracy. conspiracy is bailable or non- which is the
with death, cognizable or bailable. object of
imprisonment non- conspiracy
for life or cognizable. is triable.
rigorous
imprisonment
for a term of 2
years or
upwards.
61(2)(b) Any other Imprisonment for Non- Bailable. Magistrate
criminal 6 months, or cognizable. of the first
conspiracy. fine, or both. class.
62 Attempting to One half of the According as According as the The court by
commit imprisonment for the offence is offence which the
offence life, or cognizable or attempted by the offence
punishable imprisonment not non- offender is attempted is
with exceeding one- cognizable. bailable or non- triable.
imprisonment half of the bailable.
for life, or longest term,
imprisonment, provided for the
P a g e | 267

and in such offence, or fine,


attempt doing or both.
any act
towards the
commission of
the offence.
64(1) Rape. Rigorous Cognizable. Non-bailable. Court of
imprisonment Session.
for not less than
10 years
but which may
extend to
imprisonment for
life, and fine.
64(2) Rape by a Rigorous Cognizable. Non-bailable. Court of
police officer imprisonment for Session.
or a public not less than 10
servant or years but which
member of may extend to
armed forces imprisonment for
or a person life which shall
being on the mean the
management remainder of that
or on the staff person's natural
of a jail, life and fine.
remand home
or other place
of custody or
women's or
children's
institution or
by a person on
the
management
or on the staff
of a hospital,
and rape
committed by
a person in a
position of
trust or
authority
towards the
person raped
or by a near
relative of the
person raped.
65(1) Persons Rigorous Cognizable. Non-bailable. Court of
committing imprisonment for Session.
offence of rape not less than 20
on a woman years but which
under sixteen may extend to
years of age. imprisonment for
life, which shall
mean
imprisonment for
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the remainder of
that person's
natural life and
fine.
65(2) Persons Rigorous Cognizable. Non-bailable. Court of
committing imprisonment for Session.
offence of rape not less than 20
on a woman years but which
under twelve may extend to
years of age. imprisonment for
life which shall
mean
imprisonment for
the remainder of
that person's
natural life and
with fine or
death.
66 Person Rigorous Cognizable. Non-bailable. Court of
committing an imprisonment for Session.
offence of rape not less than 20
and inflicting years but which
injury which may extend to
causes death imprisonment for
or causes the life which shall
woman to be mean
in a persistent imprisonment for
vegetative the remainder of
state. that person's
natural life or
death.
67 Sexual Imprisonment for Cognizable Bailable. Court of
intercourse by not less than 2 (only on the Session.
husband upon years but which complaint of
his wife during may extend to 7 the victim).
separation. years and fine.
68 Sexual Rigorous Cognizable. Non-bailable. Court of
intercourse by imprisonment for Session.
a person in not less than 5
authority, etc. years, but which
may extend to 10
years and fine.
69 Sexual Imprisonment Cognizable. Non-bailable. Court of
intercourse by which may Session.
employing extend to 10
deceitful years and fine.
means, etc.
70(1) Gang rape. Rigorous Cognizable. Non-bailable. Court of
imprisonment for Session.
not less than 20
years but which
may extend to
imprisonment for
life which shall
mean
imprisonment for
P a g e | 269

the remainder of
that person's
natural life and
fine.
70(2) Gang rape on Imprisonment for Cognizable. Non-bailable. Court of
a woman life which shall Session.
under eighteen mean
years of age. imprisonment for
the remainder of
that person's
natural life and
with fine or with
death.
71 Repeat Imprisonment for Cognizable. Non-bailable. Court of
offenders. life which shall Session.
mean
imprisonment for
the remainder of
that person's
natural life or
with death.
72(1) Disclosure of Imprisonment for Cognizable. Bailable. Any
identity of the 2 years and fine. Magistrate.
victim of
certain
offences, etc.
73 Printing or Imprisonment for Cognizable. Bailable. Any
publication of a 2 years and fine. Magistrate.
proceeding
without prior
permission of
court.
74 Assault or use Imprisonment for Cognizable. Non-bailable. Any
of criminal 1 year which may Magistrate.
force to extend to 5 years
woman with and fine.
intent to
outrage her
modesty.
75(2) Sexual Rigorous Cognizable. Non-bailable. Court of
harassment imprisonment Session.
and with 3 years, or
punishment for fine, or both.
sexual
harassment
specified in
clause (i) or
clause (ii) or
clause (iii) of
sub-section
(1).
75(3) Sexual Imprisonment for Cognizable. Non-bailable. Court of
harassment 1 year, or fine, or Session.
and both.
punishment for
sexual
P a g e | 270

harassment
specified in
clause (iv) of
sub- section
(1).
76 Assault or use Imprisonment for Cognizable. Non-bailable. Court of
of criminal not less than 3 Session.
force to years but which
woman with may extend to 7
intent to years and fine.
disrobe.
77 Voyeurism. Imprisonment for Cognizable. Bailable. Court of
not less than 1 Session.
year but which
may extend to 3
years and fine.
Second or Imprisonment for Cognizable. Non-bailable. Court of
subsequent not less than 3 Session.
conviction. years but which
may extend to 7
years and fine.
78(2) Stalking. Imprisonment up Cognizable. Bailable. Any
to 3 years and Magistrate.
fine.
Second or Imprisonment up Cognizable. Non-bailable. Any
subsequent to 5 years and Magistrate.
conviction. fine.
79 Uttering any Simple Cognizable. Bailable. Any
word or imprisonment for Magistrate.
making any 3 years and fine.
gesture
intended to
insult the
modesty of a
woman, etc.
80(2) Dowry death. Imprisonment for Cognizable. Non-bailable. Court of
not less than 7 Session.
years but which
may extend to
imprisonment for
life.
81 A man by Imprisonment for Non- Non-bailable. Magistrate
deceit causing 10 years and cognizable. of the first
a woman not fine. class.
lawfully
married to him
to believe, that
she is lawfully
married to him
and to cohabit
with him in
that belief.
82(1) Marrying again Imprisonment for Non- Bailable. Magistrate
during the life 7 years and fine. cognizable. of the first
time of a class.
P a g e | 271

husband or
wife.

82(2) Same offence Imprisonment for Non- Bailable. Magistrate


with 10 years and cognizable. of the first
concealment of fine. class.
the former
marriage from
the person
with whom
subsequent
marriage is
contracted.
83 A person with Imprisonment up Non- Non-bailable. Magistrate
fraudulent to 7 years and cognizable. of the first
intention going fine. class.
through the
ceremony of
being married,
knowing that
he is not
thereby
lawfully
married.
84 Enticing or Imprisonment for Non- Bailable. Any
taking away or 2 years, or fine, cognizable. Magistrate.
detaining with or both.
a criminal
intent a
married
woman.
85 Punishment for Imprisonment for Cognizable if Non-bailable. Magistrate
subjecting a 3 years and fine. information of the first
married relating to class.
woman to the
cruelty. commission
of the offence
is given to an
officer in
charge of a
police station
by the person
aggrieved by
the offence
or by any
person
related to her
by blood,
marriage or
adoption or if
there is no
such relative,
by any public
servant
belonging to
such class or
P a g e | 272

category as
may be
notified by
the State
Government
in this behalf.
87 Kidnapping, Imprisonment for Cognizable. Non-bailable. Court of
abducting or 10 years and Session.
inducing fine.
woman to
compel her
marriage, etc.
88 Causing Imprisonment for Non- Bailable. Magistrate
miscarriage. 3 years, cognizable. of the first
or fine, or both. class.
If the woman Imprisonment for Non- Bailable. Magistrate
be quick with 7 years and fine. cognizable. of the first
child. class.
89 Causing Imprisonment for Cognizable. Non-bailable. Court of
miscarriage life, or Session.
without imprisonment for
women's 10 years and
consent. fine.
90(1) Death caused Imprisonment for Cognizable. Non-bailable. Court of
by an act done 10 years and Session.
with intent to fine.
cause
miscarriage.
90(2) If act done Imprisonment for Cognizable. Non-bailable. Court of
without life, or as above. Session.
women's
consent.
91 Act done with Imprisonment for Cognizable. Non-bailable. Court of
intent to 10 years, Session.
prevent a child or fine, or both.
being born
alive, or to
cause it to die
after its birth.
92 Causing death Imprisonment for Cognizable. Non-bailable. Court of
of a quick 10 years and Session.
unborn child fine.
by an act
amounting to
culpable
homicide.
93 Exposure of a Imprisonment for Cognizable. Bailable. Magistrate
child under 12 7 years, or fine, of the first
years of age or both. class.
by parent or
person having
care of it with
intention of
wholly
abandoning it.
P a g e | 273

94 Concealment Imprisonment for Cognizable. Bailable. Magistrate


of birth by 2 years, of the first
secret disposal or fine, or both. class.
of dead
body.
95 Hiring, Imprisonment for Cognizable. Non-bailable. Magistrate
employing or not less than 3 of the first
engaging a years but which class.
child to may extend to 10
commit an years and fine.
offence.
If offence be Same as for the Cognizable. Non-bailable. Court by
committed. offence which
committed. offence
committed
is triable.
96 Procuration of Imprisonment for Cognizable. Non-bailable. Court of
child. 10 years and Session.
fine.
97 Kidnapping or Imprisonment for Cognizable. Non-bailable. Magistrate
abducting a 7 years and fine. of the first
child under ten class.
years with
intent to steal
from its
person.
98 Selling child Imprisonment for Cognizable. Non-bailable. Court of
for purposes of 10 years and Session.
prostitution, fine.
etc.
99 Buying child Imprisonment for Cognizable. Non-bailable. Court of
for purposes of not less than 7 Session.
prostitution, years but which
etc. may extend to 14
years and fine.
103(1) Murder. Death or Cognizable. Non-bailable. Court of
imprisonment for Session.
life and fine.
103(2) Murder by Death or with Cognizable. Non-bailable. Court of
group of five imprisonment for Session.
or more life and fine.
persons.
104 Murder by life- Death or Cognizable. Non-bailable. Court of
convict. imprisonment for Session.
life, which shall
mean the
remainder of that
person's natural
life.
105 Culpable Imprisonment for Cognizable. Non-bailable. Court of
homicide not life, or Session.
amounting to Imprisonment for
murder, if act not less than 5
by which the years but which
death is
P a g e | 274

caused is done may extend to 10


with intention years and fine.
of causing
death, etc.
If act be done Imprisonment for Cognizable. Non-bailable. Court of
with 10 years and Session.
knowledge that with fine.
it is likely to
cause death,
but without
any intention
to cause
death, etc.
106(1) Causing death Imprisonment for Cognizable. Bailable. Magistrate
by negligence. 5 years and fine. of the first
class.
Causing death Imprisonment for Cognizable. Bailable. Magistrate
by negligence 2 years and fine. of the first
by registered class.
medical
practitioner.
106(2) Causing death Imprisonment for Cognizable. Non-Bailable. Magistrate
by rash and 10 years and of the first
negligent fine. class.
driving of
vehicle and
escaping.
107 Abetment of Death, or Cognizable. Non-bailable. Court of
suicide of child imprisonment for Session.
or person of life, or
unsound mind, imprisonment for
etc. 10 years and
fine.
108 Abetment of Imprisonment for Cognizable. Non-bailable. Court of
suicide. 10 years and Session.
fine.
109(1) Attempt to Imprisonment for Cognizable. Non-bailable. Court of
murder. 10 years and Session.
fine.
If such act Imprisonment for Cognizable. Non-bailable. Court of
causes hurt to life, or as above. Session.
any person.
109(2) Attempt by Death, or Cognizable. Non-bailable. Court of
life-convict to imprisonment for Session.
murder, if hurt life which shall
is caused. mean the
remainder of that
person's natural
life.
110 Attempt to Imprisonment for Cognizable. Non-bailable. Court of
commit 3 years or fine, Session.
culpable or both.
homicide.
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If such act Imprisonment for Cognizable. Non-bailable. Court of


causes hurt to 7 years or fine, Session.
any person. or both.
111(2)(a Organised Death or Cognizable. Non-bailable. Court of
) crime resulting imprisonment for Session.
in death of any life and fine of
person. not less than 10
lakh rupees.
111(2)(b In any other Imprisonment for Cognizable. Non-bailable. Court of
) case. not less than 5 Session.
years but which
may extend to
imprisonment for
life and fine of
not less than 5
lakh rupees.
111(3) Abetting, Imprisonment for Cognizable. Non-bailable. Court of
attempting, not less than 5 Session.
conspiring or years but which
knowingly may extend to
facilitating the imprisonment for
commission of life and fine of
organised not less than 5
crime. lakh rupees.
111(4) Being a Imprisonment for Cognizable. Non-bailable. Court of
member of an not less than 5 Session.
organised years but which
crime may extend to
syndicate. imprisonment for
life and fine of
not less than 5
lakh rupees.
111(5) Intentionally Imprisonment for Cognizable. Non-bailable. Court of
harbouring or not less than 3 Session.
concealing any years but which
person who may extend to
committed imprisonment for
offence of life and fine of
organised not less than 5
crime. lakh rupees.
111(6) Possessing Imprisonment for Cognizable. Non-bailable. Court of
property not less than 3 Session.
derived, or years but which
obtained from may extend to
the imprisonment for
commission of life and fine of
organised not less than 2
crime. lakh rupees.
111(7) Possessing Imprisonment for Cognizable. Non-bailable. Court of
property on not less than 3 Session.
behalf of a years but which
member of an may extend to
organised imprisonment for
crime 10 years and fine
syndicate. of not less than 1
lakh rupees.
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112 Petty Imprisonment for Cognizable. Non-bailable. Magistrate


Organised not less than 1 of the first
crime. year but which class.
may extend to 7
years and fine.
113(2)(a Terrorist act Death or Cognizable. Non-bailable. Court of
) resulting in the imprisonment for Session.
death of any life and fine.
person.
113(2)(b In any other Imprisonment for Cognizable. Non-bailable. Court of
) case. not less than 5 Session.
years but which
may extend to
imprisonment for
life and fine.
113(3) Conspiring, Imprisonment for Cognizable. Non-bailable. Court of
attempting, not less than 5 Session.
abetting, etc., years but which
or knowingly may extend to
facilitating the imprisonment for
commission of life and fine.
terrorist act.
113(4) Organising Imprisonment for Cognizable. Non-bailable. Court of
camps, not less than 5 Session.
training, etc., years but which
for commission may extend to
of terrorist act. imprisonment for
life and fine.
113(5) Being a Imprisonment for Cognizable. Non-bailable. Court of
member of an life and fine. Session.
organisation
involved in
terrorist act.
113(6) Harbouring, Imprisonment for Cognizable. Non-bailable. Court of
concealing, not less than 3 Session.
etc., of any years but which
person who may extend to
committed a imprisonment for
terrorist act. life and fine.
113(7) Possessing Imprisonment for Cognizable. Non-bailable. Court of
property life and fine. Session.
derived or
obtained from
commission of
terrorist act.
115(2) Voluntarily Imprisonment for Non- Bailable. Any
causing hurt. 1 year or fine of cognizable. Magistrate.
10,000 rupees,
or both.
117(2) Voluntarily Imprisonment for Cognizable. Bailable. Any
causing 7 years and fine. Magistrate.
grievous hurt.
117(3) If hurt to Rigorous Cognizable. Non-bailable. Court of
results in imprisonment for Session.
permanent not less than 10
P a g e | 277

disability or years but which


persistent may extend to
vegetative imprisonment for
state. life which shall
mean the
remainder of that
person's natural
life.
117(4) Grievous hurt Imprisonment for Cognizable. Non-bailable. Court of
caused by a 7 years and fine. Session.
group of 5 or
more persons.
118(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Any
causing hurt 3 years, or fine Magistrate.
by dangerous of 20,000 rupees,
weapons or or both.
means.
118(2) Voluntarily Imprisonment for Cognizable. Non-bailable. Magistrate
causing life or of the first
grievous hurt imprisonment of class.
by dangerous not less than 1
weapons or year but which
means [except may extend to 10
as provided in years and fine.
section
122(2)].
119(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Magistrate
causing hurt to 10 years and of the first
extort fine. class.
property, or to
constrain to an
illegal act.
119(2) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
causing life, or Session.
grievous hurt imprisonment for
for any 10 years and
purpose fine.
referred to in
sub-section
(1).
120(1) Voluntarily Imprisonment for Cognizable. Bailable. Magistrate
causing hurt to 7 years and fine. of the first
extort class.
confession or
information, or
to compel
restoration of
property, etc.
120(2) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
causing 10 years and Session.
grievous hurt fine.
to extort
confession or
information, or
to compel
P a g e | 278

restoration of
property, etc.
121(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Magistrate
causing hurt to 5 years, or fine, of the first
deter public or both. class.
servant from
his duty.
121(2) Voluntarily Imprisonment Cognizable. Non-bailable. Court of
causing not less than 1 Session.
grievous hurt year, or
to deter public imprisonment for
servant from 10 years and
his duty. fine.
122(1) Voluntarily Imprisonment for Non- Bailable. Any
causing hurt 1 month, or fine cognizable. Magistrate.
on grave and of 5,000 rupees,
sudden or both.
provocation,
not intending
to hurt any
other than the
person who
gave the
provocation.
122(2) Causing Imprisonment for Cognizable. Bailable. Magistrate
grievous hurt 5 years, or fine of the first
on grave and of 10,000 rupees, class.
sudden or both.
provocation,
not intending
to hurt any
other than the
person who
gave the
provocation.
123 Causing hurt Imprisonment for Cognizable. Non-bailable. Court of
by means of 10 years and Session.
poison, etc., fine.
with intent to
commit an
offence.
124(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
causing not less than 10 Session.
grievous hurt years but which
by use of acid, may extend to
etc. imprisonment for
life and fine.
124(2) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
throwing or 5 years but which Session.
attempting to may extend to 7
throw acid. years and fine.
125 Doing any act Imprisonment for Cognizable. Bailable. Any
endangering 3 months, or fine Magistrate.
human life or of 2,500 rupees,
personal safety or both.
of others.
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125(a) Where hurt is Imprisonment for Cognizable. Bailable. Any


caused. 6 months, or fine Magistrate.
of 5,000 rupees,
or both.
125(b) Where Imprisonment for Cognizable. Bailable. Any
grievous hurt 3 years, or fine Magistrate.
is caused. of 10,000 rupees,
or both.
126(2) Wrongfully Simple Cognizable. Bailable. Any
restraining any imprisonment for Magistrate.
person. 1 month, or fine
of 5,000 rupees,
or both.
127(2) Wrongfully Imprisonment for Cognizable. Bailable. Any
confining any 1 year, or fine of Magistrate.
person. 5,000 rupees, or
both.
127(3) Wrongfully Imprisonment for Cognizable. Bailable. Any
confining for 3 years, or fine Magistrate.
three or more of 10,000 rupees,
days. or both.
127(4) Wrongfully Imprisonment for Cognizable. Non-bailable. Magistrate
confining for 5 years and fine of the first
10 or more of 10,000 rupees. class.
days.
127(5) Keeping any Imprisonment for Cognizable. Bailable. Magistrate
person in 2 years in of the first
wrongful addition to any class.
confinement, term of
knowing that a imprisonment to
writ has been under any other
issued for his section and fine.
liberation.
127(6) Wrongful Imprisonment for Cognizable. Bailable. Magistrate
confinement in 3 years in of the first
secret. addition to other class.
punishment
which he is liable
to and fine.
127(7) Wrongful Imprisonment for Cognizable. Bailable. Any
confinement 3 years and fine. Magistrate.
for the
purpose of
extorting
property, or
constraining to
an illegal act,
etc.
127(8) Wrongful Imprisonment for Cognizable. Bailable. Any
confinement 3 years and fine. Magistrate.
for the
purpose of
extorting
confession or
information, or
for compelling
P a g e | 280

restoration of
property, etc.
131 Assault or Imprisonment for Non- Bailable. Any
criminal force 3 months, or fine cognizable. Magistrate.
otherwise than of 1,000 rupees,
on grave or both.
provocation.
132 Assault or use Imprisonment for Cognizable. Non-bailable. Any
of criminal 2 years, or fine, Magistrate.
force to deter or both.
public servant
from discharge
of his duty.
133 Assault or Imprisonment for Non- Bailable. Any
criminal force 2 years, or fine, cognizable. Magistrate.
with intent to or both.
dishonour a
person,
otherwise than
on grave and
sudden
provocation.
134 Assault or Imprisonment for Cognizable. Bailable. Any
criminal force 2 years, or fine, Magistrate.
in attempt to or both.
commit theft
of property
worn or carried
by a person.
135 Assault or use Imprisonment for Cognizable. Bailable. Any
of criminal 1 year, or fine of Magistrate.
force in 5,000 rupees, or
attempt both.
wrongfully to
confine a
person.
136 Assault or use Simple Non- Bailable. Any
of criminal imprisonment for cognizable. Magistrate.
force on grave one month, or
and sudden fine of 1,000
provocation. rupees, or both.
137(2) Kidnapping. Imprisonment for Cognizable. Bailable. Magistrate
7 years and fine. of the first
class.
139(1) Kidnapping a Rigorous Cognizable. Non-bailable. Magistrate
child for imprisonment not of the first
purposes of be less than 10 class.
begging. years but which
may extend to
imprisonment for
life, and fine.
139(2) Maiming a Imprisonment Cognizable. Non-bailable. Court of
child for not be less than Session.
purposes of 20 years which
begging. may extend to
remainder of that
P a g e | 281

person's natural
life, and fine.
140(1) Kidnapping or Imprisonment for Cognizable. Non-bailable. Court of
abducting in life, or rigorous Session.
order to imprisonment for
murder. 10 years and
fine.
140(2) Kidnapping for Death, or Cognizable. Non-bailable. Court of
ransom, etc. imprisonment for Session.
life and fine.
140(3) Kidnapping or Imprisonment for Cognizable. Non-bailable. Magistrate
abducting with 7 years and fine. of the first
intent secretly class.
and wrongfully
to confine a
person.
140(4) Kidnapping or Imprisonment for Cognizable. Non-bailable. Court of
abducting in 10 years and Session.
order to fine.
subject a
person to
grievous hurt,
slavery, etc.
141 Importation of Imprisonment for Cognizable. Non-bailable. Court of
a girl or boy 10 years and Session.
from foreign fine.
country.
142 Wrongfully Punishment for Cognizable. Non-bailable. Court by
concealing or kidnapping or which the
keeping in abduction. kidnapping
confinement, or abduction
kidnapped or is triable.
abducted
person.
143(2) Trafficking of Rigorous Cognizable. Non-bailable. Court of
person. imprisonment for Session.
not less than 7
years but which
may extend to 10
years and fine.
143(3) Trafficking of Rigorous Cognizable. Non-bailable. Court of
more than one imprisonment for Session.
person. not less than 10
years but which
may extend to
imprisonment for
life and fine.
143(4) Trafficking of a Rigorous Cognizable. Non-bailable. Court of
child. imprisonment for Session.
not less than 10
years but which
may extend to
imprisonment for
life and fine.
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143(5) Trafficking of Rigorous Cognizable. Non-bailable. Court of


more than one imprisonment for Session.
child. not less than 14
years but which
may extend to
imprisonment for
life and fine.
143(6) Person Imprisonment for Cognizable. Non-bailable. Court of
convicted of life which shall Session.
offence of mean the
trafficking of remainder of that
child on more person's natural
than one life and fine.
occasion.
143(7) Public servant Imprisonment for Cognizable. Non-bailable. Court of
or a police life which shall Session.
officer involved mean the
in trafficking of remainder of that
child. person's natural
life and fine.
144(1) Exploitation of Rigorous Cognizable. Non-bailable. Court of
a trafficked imprisonment for Session.
child. not less than 5
years but which
may extend to 10
years and fine.
144(2) Exploitation of Rigorous Cognizable. Non-bailable. Court of
a trafficked imprisonment for Session.
person. not less than 3
years but which
may extend to 7
years and fine.
145 Habitual Imprisonment for Cognizable. Non-bailable. Court of
dealing in life, or Session.
slaves. imprisonment for
10 years and
fine.
146 Unlawful Imprisonment for Cognizable. Bailable. Any
compulsory 1 year, or fine, or Magistrate.
labour. both.
147 Waging or Death, or Cognizable. Non-bailable. Court of
attempting to imprisonment for Session.
wage war, or life and fine.
abetting the
waging of war,
against the
Government of
India.
148 Conspiring to Imprisonment for Cognizable. Non-bailable. Court of
commit certain life, or Session.
offences imprisonment for
against the 10 years and
State. fine.
149 Collecting Imprisonment for Cognizable. Non-bailable. Court of
arms, etc., life, or Session.
with the imprisonment for
P a g e | 283

intention of 10 years and


waging war fine.
against the
Government of
India.
150 Concealing Imprisonment for Cognizable. Non-bailable. Court of
with intent to 10 years and Session.
facilitate a fine.
design to wage
war.
151 Assaulting Imprisonment for Cognizable. Non-bailable. Court of
President, 7 years and fine. Session.
Governor, etc.,
with intent to
compel or
restrain the
exercise of any
lawful power.
152 Act Imprisonment for Cognizable. Non-bailable. Court of
endangering life, or Session.
sovereignty, imprisonment for
unity and 7 years and fine.
integrity of
India.
153 Waging war Imprisonment for Cognizable. Non-bailable. Court of
against life and fine, or Session.
Government of imprisonment for
any foreign 7 years and fine,
State at peace or fine.
with the
Government of
India.
154 Committing Imprisonment for Cognizable. Non-bailable. Court of
depredation on 7 years and fine, Session.
the territories and forfeiture of
of any foreign certain property.
state at peace
with the
Government of
India.
155 Receiving Imprisonment for Cognizable. Non-bailable. Court of
property taken 7 years and fine, Session.
by war or and forfeiture of
depredation certain property.
mentioned in
sections 153
and 154.
156 Public servant Imprisonment for Cognizable. Non-bailable. Court of
voluntarily life, or Session.
allowing imprisonment for
prisoner of 10 years and
state or war in fine.
his custody to
escape.
P a g e | 284

157 Public servant Simple Cognizable. Bailable. Magistrate


negligently imprisonment for of the first
suffering 3 years and fine. class.
prisoner of
State or war in
his custody to
escape.
158 Aiding escape Imprisonment for Cognizable. Non-bailable. Court of
of, rescuing or life, or Session.
harbouring imprisonment for
such prisoner. 10 years and
fine.
159 Abetting Imprisonment for Cognizable. Non-bailable. Court of
mutiny, or life, or Session.
attempting to imprisonment for
seduce an 10 years and
officer, soldier, fine.
sailor or
airman from
his allegiance
or duty.
160 Abetment of Death, or Cognizable. Non-bailable. Court of
mutiny, if imprisonment for Session.
mutiny is life, or
committed in imprisonment for
consequence 10 years and
thereof. fine.
161 Abetment of Imprisonment for Cognizable. Non-bailable. Magistrate
assault by an 3 years and fine. of the first
officer, soldier, class.
sailor or
airman on his
superior
officer, when
in execution of
his office.
162 Abetment of Imprisonment for Cognizable. Non-bailable. Magistrate
such assault, if 7 years and fine. of the first
the assault class.
committed.
163 Abetment of Imprisonment for Cognizable. Bailable. Any
the desertion 2 years, or fine, Magistrate.
of an officer, or both.
soldier, sailor
or airman.
164 Harbouring Imprisonment for Cognizable. Bailable. Any
deserter. 2 years, or fine, Magistrate.
or both.
165 Deserter Fine of 3,000 Non- Bailable. Any
concealed on rupees. cognizable. Magistrate.
board
merchant
vessel through
negligence of
master or
P a g e | 285

person in
charge thereof.
166 Abetment of Imprisonment for Cognizable. Bailable. Any
act of 2 years, or fine, Magistrate.
insubordinatio or both.
n by an officer,
soldier, sailor
or airman if
the offence be
committed in
consequence.
168 Wearing garb Imprisonment for Cognizable. Bailable. Any
or carrying 3 months, or fine Magistrate.
token used by of 2,000 rupees,
soldier, sailor or both.
or airman.
173 Bribery. Imprisonment for Non- Bailable. Magistrate
1 year or fine, or cognizable. of the first
both, or if class.
treating only, fine
only.
174 Undue Imprisonment for Non- Bailable. Magistrate
influence or 1 year, or fine, or cognizable. of the first
personation at both. class.
an election.
175 False Fine. Non- Bailable. Magistrate
statement in cognizable. of the first
connection class.
with an
election.
176 Illegal Fine of 10,000 Non- Bailable. Magistrate
payments in rupees. cognizable. of the first
connection class.
with elections.
177 Failure to keep Fine of 5,000 Non- Bailable. Magistrate
election rupees. cognizable. of the first
accounts. class.
178 Counterfeiting Imprisonment for Cognizable. Non-bailable. Court of
coins, life, or Session.
government imprisonment for
stamps, 10 years and
currency-notes fine.
or bank-notes.
179 Using as Imprisonment for Cognizable. Non-bailable. Court of
genuine forged life, or Session.
or counterfeit imprisonment for
coin, 10 years and
Government fine.
stamp
currency-notes
or bank-notes.
180 Possession of Imprisonment for Cognizable. Non-bailable. Court of
forged or 7 years, or fine, Session.
counterfeit or both.
coin,
P a g e | 286

Government
stamp,
currency-notes
or bank-notes.
181 Making, Imprisonment for Cognizable. Non-bailable. Court of
buying, selling life, or Session.
or possessing imprisonment for
machinery, 10 years and
instrument or fine.
material for
forging or
counterfeiting
coins,
Government
stamp,
currency-notes
or bank-notes.
182(1) Making or Fine of 300 Non- Bailable. Any
using rupees. cognizable. Magistrate.
documents
resembling
currency-notes
or bank-notes.
182(2) On refusal to Fine of 600 Non- Bailable. Any
disclose the rupees. cognizable. Magistrate.
name and
address of the
printer.
183 Effacing any Imprisonment for Cognizable. Bailable. Magistrate
writing from a 3 years, or fine, of the first
substance or both. class.
bearing a
Government
stamp,
removing from
a document a
stamp used for
it, with intent
to cause a loss
to
Government.
184 Using a Imprisonment for Cognizable. Bailable. Any
Government 2 years, or fine, Magistrate.
stamp known or both.
to have been
before used.
185 Erasure of Imprisonment for Cognizable. Bailable. Magistrate
mark denoting 3 years, or fine, of the first
that stamps or both. class.
have been
used.
186 Fictitious Fine of 200 Cognizable. Bailable. Any
stamps. rupees. Magistrate.
187 Person Imprisonment for Cognizable. Non-bailable. Magistrate
employed in a 7 years and fine. of the first
Mint causing class.
P a g e | 287

coin to be of a
different
weight or
composition
from that fixed
by law.
188 Unlawfully Imprisonment for Cognizable. Non-bailable. Magistrate
taking from a 7 years and fine. of the first
Mint any class.
coining
instrument.
189(2) Being member Imprisonment for Cognizable. Bailable. Any
of an unlawful 6 months, or Magistrate.
assembly. fine, or both.
189(3) Joining or Imprisonment for Cognizable. Bailable. Any
continuing in 2 years, or fine, Magistrate.
an unlawful or both.
assembly,
knowing that it
has been
commanded to
disperse.
189(4) Joining an Imprisonment for Cognizable. Bailable. Any
unlawful 2 years, or fine, Magistrate.
assembly or both.
armed with
any deadly
weapon.
189(5) Knowingly Imprisonment for Cognizable. Bailable. Any
joining or 6 months, or Magistrate.
continuing in fine, or both.
any assembly
of five or more
persons after it
has been
commanded to
disperse.
189(6) Hiring, The same as for Cognizable. According as The Court
engaging or a member of offence is by which the
employing such assembly, bailable or non- offence is
persons to and for any bailable. triable.
take part in an offence
unlawful committed by
assembly. any member of
such assembly.
189(7) Harbouring Imprisonment for Cognizable. Bailable. Any
persons hired 6 months, or Magistrate.
for an unlawful fine, or both.
assembly.
189(8) Being hired to Imprisonment for Cognizable. Bailable. Any
take part in an 6 months, or Magistrate.
unlawful fine, or both.
assembly or
riot.
P a g e | 288

189(9) Or to go Imprisonment for Cognizable. Bailable. Any


armed. 2 years, or fine, Magistrate.
or both.
190 Every member The same as for According as According as The Court
of unlawful the offence. offence is offence is by which the
assembly cognizable or bailable or non- offence is
guilty of non- bailable. triable.
offence cognizable.
committed in
prosecution of
common
object.
191(2) Rioting. Imprisonment for Cognizable. Bailable. Any
2 years, or fine, Magistrate.
or both.
191(3) Rioting, armed Imprisonment for Cognizable. Bailable. Magistrate
with a deadly 5 years, or fine, of the first
weapon. or both. class.
192 Wantonly Imprisonment for Cognizable. Bailable. Any
giving 1 year, or fine, or Magistrate.
provocation both.
with intent to
cause riot, if
rioting be
committed.
If not Imprisonment for Cognizable. Bailable. Any
committed. 6 months, or Magistrate.
fine, or both.
193(1) Owner or Fine of 1,000 Non- Bailable. Any
occupier of rupees. cognizable. Magistrate.
land not giving
information of
riot, etc.
193(2) Person for Fine. Non- Bailable. Any
whose benefit cognizable. Magistrate.
or on whose
behalf a riot
takes place not
using all lawful
means to
prevent it.
193(3) Agent of owner Fine. Non- Bailable. Any
or occupier for cognizable. Magistrate.
whose benefit
a riot is
committed not
using all lawful
means to
prevent it.
194(2) Committing Imprisonment for Cognizable. Bailable. Any
affray. one month, or Magistrate.
fine of 1,000
rupees, or both.
P a g e | 289

195(1) Assaulting or Imprisonment for Cognizable. Bailable. Magistrate


obstructing 3 years, or fine of the first
public servant not less than class.
when 25,000 rupees,
suppressing or both.
riot, etc.
195(2) Threatening to Imprisonment for Non- Bailable. Any
assault or 1 year, or fine, or cognizable. Magistrate.
attempting to both.
obstruct public
servant when
suppressing
riot, etc.
196(1) Promoting Imprisonment for Cognizable. Non-bailable. Magistrate
enmity 3 years, or fine, of the first
between or both. class.
different
groups on
ground of
religion, race,
place of birth,
residence,
language, etc.,
and doing acts
prejudicial to
maintenance
of harmony.
196(2) Promoting Imprisonment for Cognizable. Non-bailable. Magistrate
enmity 5 years and fine. of the first
between class.
classes in
place of
worship, etc.
197(1) Imputations, Imprisonment for Cognizable. Non-bailable. Magistrate
assertions 3 years, or fine, of the first
prejudicial to or both. class.
national
integration.
197(2) If committed Imprisonment for Cognizable. Non-bailable. Magistrate
in a place of 5 years and fine. of the first
public worship, class.
etc.
198 Public servant Simple Non- Bailable. Magistrate
disobeying imprisonment for cognizable. of the first
direction of the 1 year, or fine, or class.
law with intent both.
to cause injury
to any person.
199 Public servant Rigorous Cognizable. Bailable. Magistrate
disobeying imprisonment for of the first
direction under not less than 6 class.
law. months which
may extend to 2
years and fine.
P a g e | 290

200 Non-treatment Imprisonment for Non- Bailable. Magistrate


of victim by 1 year, or fine, or cognizable. of the first
hospital. both. class.
201 Public servant Imprisonment for Cognizable. Bailable. Magistrate
framing an 3 years, or fine, of the first
incorrect or both. class.
document with
intent to cause
injury.
202 Public servant Simple Non- Bailable. Magistrate
unlawfully imprisonment for cognizable. of the first
engaging in 1 year, or fine, or class.
trade. both, or
community
service.
203 Public servant Simple Non- Bailable. Magistrate
unlawfully imprisonment for cognizable. of the first
buying or 2 years, or fine, class.
bidding for or both and
property. confiscation of
property, if
purchased.
204 Personating a Imprisonment for Cognizable. Non-bailable. Any
public servant. not less than 6 Magistrate.
months but
which may
extend to 3 years
and fine.
205 Wearing garb Imprisonment for Cognizable. Bailable. Any
or carrying 3 months, or fine Magistrate.
token used by of 5,000 rupees,
public servant or both.
with fraudulent
intent.
206(a) Absconding to Simple Non- Bailable. Any
avoid service imprisonment for cognizable. Magistrate.
of summons or 1 month, or fine
other of 5,000 rupees,
proceeding or both.
from a public
servant.
206(b) If summons or Simple Non- Bailable. Any
notice require imprisonment for cognizable. Magistrate.
attendance in 6 months, or fine
person, etc., in of 10,000 rupees,
a Court. or both.
207(a) Preventing Simple Non- Bailable. Any
service of imprisonment for cognizable. Magistrate.
summons or 1 month, or fine
other of 5,000 rupees,
proceeding, or or both.
preventing
publication
thereof.
P a g e | 291

207(b) If summons, Simple Non- Bailable. Any


etc., require imprisonment for cognizable. Magistrate.
attendance in 6 months, or fine
person, etc., in of 10,000 rupees,
a Court. or both.
208(a) Non- Simple Non- Bailable. Any
attendance in imprisonment for cognizable. Magistrate.
obedience to 1 month, or fine
an order from of 5,000 rupees,
public servant. or both.
208(b) If the order Simple Non- Bailable. Any
requires imprisonment for cognizable. Magistrate.
personal 6 months, or fine
attendance, of 10,000 rupees,
etc., in a or both.
Court.
209 Non- Imprisonment for Cognizable. Non-bailable. Magistrate
appearance in 3 years, or fine, of the first
response to a or both, or class.
proclamation community
under section service.
84 of this
Sanhita.
In a case Imprisonment for Cognizable. Non-bailable. Magistrate
where 7 years and fine. of the first
declaration has class.
been made
under sub-
section (4) of
section 84 of
this Sanhita
pronouncing a
person as
proclaimed
offender.
210(a) Omission to Simple Non- Bailable. The Court in
produce imprisonment for cognizable. which the
document to 1 month, or fine offence is
public servant of 5,000 rupees, committed,
by person or both. subject to
legally bound the
to produce or provisions of
deliver it. Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
210(b) If the Simple Non- Bailable. The Court in
document is imprisonment for cognizable. which the
required to be 6 months, or fine offence is
produced in or of 10,000 rupees, committed,
delivered to a or both. subject to
Court. the
provisions of
P a g e | 292

Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
211(a) Intentional Simple Non- Bailable. Any
omission to imprisonment for cognizable. Magistrate.
give notice or 1 month, or fine
information to of 5,000 rupees,
public servant or both.
by person
legally bound
to give it.
211(b) If the notice or Simple Non- Bailable. Any
information imprisonment for cognizable. Magistrate.
required 6 months, or fine
respects the of 10,000 rupees,
commission of or both.
an offence,
etc.
211(c) If the notice or Imprisonment for Non- Bailable. Any
information is 6 months, or fine cognizable. Magistrate.
required by an of 1,000 rupees,
order passed or both.
under sub-
section (1) of
section 394 of
this Sanhita.
212(a) Knowingly Simple Non- Bailable. Any
furnishing false imprisonment for cognizable. Magistrate.
information to 6 months, or fine
public servant. of 5,000 rupees,
or both.
212(b) If the Imprisonment for Non- Bailable. Any
information 2 years, or fine, cognizable. Magistrate.
required or both.
respects the
commission of
an offence,
etc.
213 Refusing oath Simple Non- Bailable. The Court in
when duly imprisonment for cognizable. which the
required to 6 months, or fine offence is
take oath by a of 5,000 rupees, committed,
public servant. or both. subject to
the
provisions of
Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
P a g e | 293

214 Being legally Simple Non- Bailable. The Court in


bound to state imprisonment for cognizable. which the
truth, and 6 months, or fine offence is
refusing to of 5,000 rupees, committed,
answer public or both. subject to
servant the
authorised to provisions of
question. Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
215 Refusing to Simple Non- Bailable. The Court in
sign a imprisonment for cognizable. which the
statement 3 months, or fine offence is
made to a of 3,000 rupees, committed,
public servant or both. subject to
when legally the
required to do provisions of
so. Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
216 Knowingly Imprisonment Non- Bailable. Magistrate
stating to a for 3 years cognizable. of the
public and fine. first
servant on class.
oath as
true that
which is
false.
217 Giving false Imprisonment Non- Bailable. Any
information for 1 year, cognizable. Magistr
to or with fine of ate.
a public 10,000 rupees,
servant in or both.
order to
cause him to
use his
lawful
power to
the injury or
annoyance
of any
person.
P a g e | 294

218 Resistance Imprisonment Non- Bailable. Any


to the for cognizable. Magistr
taking of 6 months, or ate.
property by fine of
the lawful 10,000 rupees,
authority of or both.
a public
servant.
219 Obstructing Imprisonment Non- Bailable. Any
sale of for 1 month, cognizable. Magistr
property or fine of ate.
offered for 5,000 rupees,
sale by or both.
authority
of a public
servant.
220 Illegal Imprisonment Non- Bailable. Any
purchase or for 1 month, or cognizable. Magistr
bid for fine of 200 ate.
property rupees or both.
offered for
sale by ,
authority of
public
servant.
221 Obstructing Imprisonment Non- Bailable. Any
public for 3 months, cognizable. Magistr
servant or fine of ate.
in discharge 2,500 rupees,
of his public or both.
functions.
222(a) Omission to Simple Non- Bailable. Any
assist public imprisonment cognizable. Magistr
servant for ate.
when bound 1 month, or
by law fine of
to give such 2,500 rupees,
assistance. or both.
222(b) Wilfully Simple Non- Bailable. Any
neglecting imprisonment cognizable. Magistr
to aid a for 6 months, ate.
public or fine of
servant who 5,000 rupees,
demands aid or both.
in the
execution of
process, the
prevention
of offences,
etc.
P a g e | 295

223(a) Disobedienc Simple Cognizable. Bailable. Any


e to an imprisonment Magistr
order for ate.
lawfully 6 months, or
promulgated fine of
by a 2,500 rupees,
public or both.
servant, if
such
disobedience
causes
obstruction,
annoyance
or
injury to
persons
lawfully
employed.
223(b) If such Imprisonment Cognizable. Bailable. Any
disobedience for 1 year, Magistr
causes or fine of ate.
danger to 5,000 rupees,
human life, or both.
health or
safety, or
causes or
tends or
both. To
cause a riot
or affray.
224 Threat of Imprisonment Non- Bailable. Any
injury to for 2 years, or cognizable Magistrate.
public fine, or both. .
servant,
etc.
225 Threat of Imprisonment Non- Bailable. Any
injury to for 1 year, or cognizable Magistrate.
induce fine, or both. .
person to
refrain from
applying for
protection
to public
servant.
226 Attempt to Imprisonment Non- Bailable. Any
commit for 1 year, or cognizable Magistrate.
suicide to fine, or both, .
compel or or community
restraint service.
exercise of
lawful
P a g e | 296

power.

229(1) Intentionall Imprisonment Non- Bailable. Magistrate


y giving or for 7 years cognizable of the first
fabricating and 10,000 . class.
false rupees.
evidence in
a judicial
proceeding
.
229(2) Giving or Imprisonment Non- Bailable. Any
fabricating for 3 years cognizable Magistrate.
false and 5,000 .
evidence in rupees.
any other
case.
230(1) Giving or Imprisonment Non- Non- Court of
fabricating for life, or cognizable bailable. Session.
false rigorous .
evidence imprisonment
with intent for 10 years
to cause and 50,000
any person rupees.
to be
convicted of
capital
offence.
230(2) If innocent Death, or as Non- Non- Court of
person be above. cognizable. bailable. Session.
thereby
convicted
and
executed.
231 Giving or The same as for Non- Non- Court of
fabricating the offence. cognizable. bailable. Session.
false
evidence
with intent
to procure
conviction
of an
offence
punishable
with
imprisonme
nt for life or
with
imprisonme
nt for
7 years, or
upwards.
P a g e | 297

232(1) Threatening Imprisonment Cognizable Non- Court by


any person for 7 years, or . bailable. which offence
to give false fine, or both. of giving false
evidence. evidence is
triable.
232(2) If innocent The same Cognizabl Non- Court by
person is as for the e. bailable. which offence
convicted offence. of giving false
and evidence is
sentenced triable.
in
consequenc
e of false
evidence
with death,
or
imprisonme
nt for more
than 7
years.
233 Using in a The same as Non- According Court by
judicial for giving or cognizable.as offence which offence
proceeding fabricating false of giving of giving or
evidence evidence. such fabricating
known to be evidence is false evidence
false or bailable or is triable.
fabricated. non-
bailable.
234 Knowingly The same as Non- Bailable. Court by
issuing or for giving cognizable. which offence
signing a false of giving false
false evidence. evidence is
certificate triable.
relating to
any fact of
which such
certificate is
by law
admissible
in evidence.
235 Using as a The same as Non- Bailable. Court by
true for giving cognizable. which offence
certificate false of giving false
one known evidence. evidence is
to be false triable.
in a material
point.
236 False The same as Non- Bailable. Court by
statement for giving cognizable. which offence
made in any false of giving false
declaration evidence. evidence is
P a g e | 298

which is by triable.
law
receivable
as evidence.
237 Using as The same as Non- Bailable. Court by
true any for giving cognizable. which offence
such false of giving false
declaration evidence. evidence is
known to triable.
be false.
238(a) Causing Imprisonment According Bailable. Court of
disappearan for 7 years as the Session.
ce of and fine. offence in
evidence of relation to
an offence which
committed, disappear
or giving ance of
false evidence
information is caused
touching it is
to screen the cognizable
offender, if a or non-
capital cognizable
offence. .
238(b) If punishable Imprisonment Non- Bailable. Magistrate of
with for 3 years and cognizable. the first class.
imprisonmen fine.
t for life or
imprisonmen
t for 10
years.
238(c) If Imprisonment Non- Bailable. Court by
punishable for one- fourth cognizable. which the
with less of the longest offence is
than 10 term provided triable.
years' for the
imprisonmen offence, or
t. fine, or both.
239 Intentional Imprisonment Non- Bailable. Any
omission for cognizable. Magistrate.
to give 6 months, or
information fine of 5,000
of an rupees, or
offence by a both.
person
legally
bound to
inform.
240 Giving false Imprisonment Non- Bailable. Any
information for 2 years, or cognizable. Magistrate.
respecting fine, or both.
P a g e | 299

an offence
committed.
241 Secreting or Imprisonment Non- Bailable. Magistrate of
destroying for 3 years, or cognizable. the first class.
any fine of 5,000
document to rupees, or
prevent its both.
production
as evidence.
242 False Imprisonment Non- Bailable. Magistrate
personatio for 3 years, or cognizable of the first
n for the fine, or both. . class.
purpose of
any act or
proceeding
in a suit or
criminal
prosecutio
n, or for
becoming
bail or
security.
243 Fraudulent Imprisonment Non- Bailable. Any
removal or for 3 years, or cognizable Magistrate.
concealme fine, of 5,000 .
nt, etc., of rupees,
property or both.
to prevent
its seizure
as a
forfeiture
or in
satisfactio
n of a fine
under
sentence,
or in
execution
of a
decree.
P a g e | 300

244 Claiming Imprisonment Non- Bailable. Any


property for 2 years, or cognizable Magistrate.
without fine, or both. .
right, or
practising
deception
or fine, or
both.
touching
any right
to it, to
prevent its
being
taken as a
forfeiture,
or in
satisfactio
n of a fine
under
sentence,
or in
execution
of a
decree.
245 Fraudulently Imprisonment Non- Bailabl Magistrate
suffering a for 2 years, or cognizable e. of the first
decree to fine, or both. . class.
pass for a
sum not
due, or
suffering
decree to be
executed
after it has
been
satisfied.
246 False claim Imprisonment Non- Bailabl Magistrate
in a Court. for 2 years cognizable e. of the first
and fine. . class.
247 Fraudulently Imprisonment Non- Bailabl Magistrate
obtaining a for 2 years, or cognizable e. of the first
decree for a fine, or both. . class.
sum not
due, or
causing a
decree to
be executed
P a g e | 301

after it has
been
satisfied.

248(a) False charge Imprisonment Non- Bailabl Magistrate


of offence for 5 years, or cognizable e. of the first
made with fine of 2 lakh . class.
intent to rupees,
injure. or both.
248(b) Criminal Imprisonment Non- Bailabl Court of
proceeding for 10 years cognizable e. Session.
instituted on and fine. .
a false
charge of an
offence
punishable
with death,
imprisonme
nt for life,
or
imprisonme
nt for ten
years or
upwards.
249(a) Harbouring Imprisonment Cognizable Bailabl Magistrate
an offender, for 5 years . e. of the first
if the and fine. class.
offence is
punishable
with death.
249(b) If Imprisonment Cognizable Bailabl Magistrate
punishable for 3 years . e. of the first
with and fine. class.
imprisonm
ent for life
or with
imprisonm
ent for 10
years.
249(c) If Imprisonment Cognizable Bailabl Magistrate
punishable for one- . e. of the first
with fourth of the class.
imprisonm longest term,
ent for 1 and of the
year and descriptions,
not for 10 provided for
P a g e | 302

years. the offence,


or fine, or
both.

250(a) Taking gift, Imprisonment Cognizable Bailabl Magistrate


etc., to for 7 years . e. of the first
screen an and fine. class.
offender
from
punishment
if the
offence is
punishable
with death.
250(b) If Imprisonment Cognizable Bailable. Magistrate
punishable for 3 years . of the first
with and fine. class.
imprisonm
ent for life
or with
imprisonm
ent for 10
years.
250(c) If punishable Imprisonment Cognizable Bailable. Magistrate
with for one- . of the first
imprisonme fourth of the class.
nt for less longest term
than 10 provided for
years. the offence, or
fine, or both.
251(a) Offering gift Imprisonment Non- Bailable. Magistrate
or for 7 years cognizable of the first
restoration and fine. . class.
of property
in
consideratio
n of
screening
offender if
the offence
is punishable
with
death.
251(b) If Imprisonment Non- Bailable. Magistrate
punishable for 3 years cognizable of the first
with and fine. . class.
imprisonm
ent for life
or with
imprisonm
P a g e | 303

ent for 10
years.

251(c) If Imprisonment Non- Bailable. Magistrate


punishable for one- fourth cognizable of the first
with of the longest . class.
imprisonm term, provided
ent for for the
less than offence, or
10 years. fine, or both.
252 Taking gift Imprisonment Cognizable Bailable. Magistrate
to help to for 2 years, or . of the first
recover fine, or both. class.
movable
property of
which a
person has
been
deprived by
an offence
without
causing
apprehensio
n of
offender.
253(a) Harbouring Imprisonment Cognizable Bailable. Magistrate
an offender for 7 years . of the first
who has and fine. class.
escaped
from
custody,
or whose
apprehensio
n has been
ordered, if
the offence
is
punishable
with death.
253(b) If Imprisonment Cognizable Bailable. Magistrate
punishable for 3 years, . of the first
with with or class.
imprisonm without fine.
ent for life
or with
imprisonm
ent for 10
years.
253(c) If Imprisonment Cognizable Bailable. Magistrate
punishable for one- fourth . of the first
with of the longest class.
P a g e | 304

imprisonm term provided


ent for 1 for the
year and offence, or
not for 10 fine, or both.
years.
254 Harbouring Rigorous Cognizable Bailable. Magistrate
robbers or imprisonment . of the first
dacoits. for 7 years and class.
fine.
255 Public Imprisonment Non- Bailable. Any
servant for 2 years, or cognizable Magistrate.
disobeying a fine, or both. .
direction of
law with
intent to
save person
from
punishment,
or property
from
forfeiture
256 Public Imprisonment Cognizable Bailable. Magistrate
servant for 3 years, or . of the first
framing an fine, or both. class.
incorrect
record or
writing with
intent to
save person
from
punishment,
or property
from
forfeiture
257 Public Imprisonment Non- Bailable. Magistrate
servant in a for 7 years, or cognizable of the first
judicial fine, or both. . class.
proceeding
corruptly
making and
pronouncing
an order,
report, etc.
contrary to
law.
258 Commitme Imprisonment Non- Bailable. Magistrate of
nt for trial for 7 years, or cognizable. the first
or fine, or both. class.
confinemen
t by a
P a g e | 305

person
having
authority,
who knows
that he is
acting
contrary to
law.
259(a) Intentional Imprisonment According Bailable. Magistrate of
omission to for 7 years, as the the first
apprehend with or offence in class.
on the part without fine. relation to
of a public which
servant such
bound by omission
law to has been
apprehend made is
an cognizabl
offender, if e or non-
the cognizabl
offence is e.
punishable
with death.
259(b) If Imprisonment Cognizable Bailable. Magistrate of
punishable for 3 years, . the first
with with or class.
imprisonme without fine.
nt for life or
imprisonme
nt for 10
years.
259(c) If Imprisonment Cognizable Bailable. Magistrate of
punishable for 2 years, . the first
with with or class.
imprisonm without fine.
ent for
less than
10 years.
260(a) Intentional Imprisonment Cognizable Non- Court of
omission to for life, or . bailable. Session.
apprehend imprisonment
on the part for 14 years,
of a public with or
servant without fine.
bound by
law to
apprehend
person
P a g e | 306

under
sentence of
a Court if
under
sentence of
death.
260(b) If under Imprisonment Cognizable Non- Magistrate of
sentence of for 7 years, . bailable. the first
imprisonme with or class.
nt for life or without fine.
imprisonme
nt for 10
years, or
upwards.
260(c) If under Imprisonment Cognizable Bailable. Magistrate of
sentence of for 3 years, or . the first
imprisonme fine, or both. class.
nt for less
than 10
years or
lawfully
committed
to custody.
261 Escape Simple Non- Bailable. Any
from imprisonment cognizable Magistrate.
confinemen for 2 years, .
t or fine, or
negligently both.
suffered by
a public
servant.
262 Resistance Imprisonment Cognizable Bailable. Any
or for 2 years, or . Magistrate.
obstruction fine, or both.
by a
person to
his lawful
apprehensi
on.
263(a) Resistance Imprisonment Cognizable Bailable. Any
or for 2 years, or . Magistrate.
obstruction fine, or both.
to the lawful
apprehensio
n of any
person, or
rescuing him
from lawful
P a g e | 307

custody.

263(b) If charged Imprisonment Cognizable Non- Magistrate of


with an for 3 years and . bailable. the first
offence fine. class.
punishable
with
imprison-
ment for life
or imprison-
ment for 10
years.
263(c) If charged Imprisonment Cognizable Non- Magistrate of
with for 7 years and . bailable. the first
offence fine. class.
punishable
with death.
263(d) If the Imprisonment Cognizable Non- Magistrate of
person is for 7 years and . bailable. the first
sentenced fine. class.
to
imprisonme
nt for life,
or
imprisonme
nt for
10 years, or
upwards.
263(e) If under Imprisonment Cognizable Non- Court of
sentence of for life, or . bailable. Session.
death. imprisonment
for 10 years
and fine.
264 Omission to
apprehend,
or
sufferance
of escape
on part of
public
servant, in
cases not
otherwise
provided
for:—
(a) in case Imprisonment Non- Bailable. Magistrate of
of for 3 years, or cognizable. the first
P a g e | 308

intentional fine, or both. class.


omission or
sufferance;
(b) in case Simple Non- Bailable. Any
of imprisonment cognizable. Magistrate.
negligent for 2 years, or
omission or fine, or both.
sufferance.
265 Resistance Imprisonment Cognizable. Bailable. Any
or for Magistrate.
obstruction 6 months, or
to lawful fine, or both.
apprehensi
on, or
escape or
rescue in
cases
not
otherwise
provided
for.
266 Violation of Punishment of Cognizable. Non- The Court by
condition of original bailable. which the
remission sentence, or if original
of part of the offence was
punishment punishment triable.
. has been
undergone,
the residue.
267 Intentional Simple Non- Bailable. The Court in
insult or imprisonment cognizable. which the
interruption for 6 months, offence is
to a public or fine of committed,
servant 5,000 rupees, subject to
sitting in or both. the
any stage provisions of
of a judicial Chapter
proceeding. XXVIII; or, if
not
committed,
in a Court,
any
Magistrate.
268 Personation Imprisonment Non- Bailable. Magistrate of
of an for 2 years, or cognizable. the first
assessor. fine, or both. class.
269 Failure by Imprisonment Cognizable. Non- Any
person for 1 year, or bailable. Magistrate.
P a g e | 309

released on fine, or both.


bond or
bail bond to
appear in
Court.
271 Negligently Imprisonment Cognizable. Bailable. Any
doing any for Magistrate.
act known 6 months, or
to be likely fine, or both.
to spread
infection of
any disease
dangerous
to life.
272 Imprisonment Cognizable. Bailable. Any
Malignantly
for 2 years, Magistrate.
doing any
act known or fine, or both.
to be likely
to spread or
fine, or
both.
infection of
any disease
dangerous to
life.
273 Knowingly Imprisonment Non- Bailable. Any
disobeying for cognizable. Magistrate.
any 6 months, or
quarantine fine, or both.
rule.
274 Adulterating Imprisonment Non- Bailable. Any
food or drink for cognizable. Magistrate.
intended for 6 months, or
sale, so as fine of 5,000
to make the rupees, or
same both.
noxious.
275 Selling any Imprisonment Non- Bailable. Any
food or drink for cognizable. Magistrate.
as food and 6 months, or
drink, fine of 5,000
knowing the rupees, or
same to be both.
noxious.
276 Adulterating Imprisonment Non- Non- Any
any drug or for 1 year, or cognizable. bailable. Magistrate.
medical fine of 5,000
preparation rupees, or
P a g e | 310

intended for both.


sale so as to
lessen its
efficacy, or to
change its
operation, or
to make it
noxious.
277 Sale of Imprisonment Non- Bailable. Any
adulterated for cognizable. Magistrate.
drugs. 6 months, or
fine of 5,000
rupees, or both.
278 Knowingly Imprisonment Non- Bailable. Any
selling of for cognizable. Magistrate.
drug as a 6 months, or
different fine of 5,000
drug or rupees, or both.
preparation.
279 Fouling water Imprisonment Cognizable. Bailable. Any
of public for Magistrate.
spring or 6 months, or
reservoir. fine of 5,000
rupees, or both.
280 Making Fine of 1,000 Non- Bailable. Any
atmosphere rupees. cognizable. Magistrate.
noxious to
health.
281 Rash Imprisonment Cognizable. Bailable. Any
driving or for Magistrate.
riding on a 6 months, or
public fine of 1,000
way. rupees, or
both.
282 Rash Imprisonment Cognizable. Bailable. Any
navigation for Magistrate.
of vessel. 6 months, or
fine of
10,000
rupees, or
both.
283 Exhibition Imprisonment Cognizable. Bailable. Magistrate
of a false for 7 years, of the first
light, mark and fine which class.
or buoy. shall not be
less than
10,000 rupees.
P a g e | 311

284 Conveying Imprisonment Cognizable. Bailable. Any


person by for Magistrate.
water for 6 months, or
hire in fine of 5,000
unsafe or rupees, or
overloaded both.
vessel.
285 Causing Fine of 5,000 Cognizable. Bailable. Any
danger or rupees. Magistrate.
obstructio
n in public
way or line
of
navigation
.
286 Negligent Imprisonment Cognizable. Bailable. Any
conduct for Magistrate.
with 6 months, or
respect to fine of 5,000
poisonous rupees, or
substance. both.
287 Negligent Imprisonment Cognizable. Bailable. Any
conduct for Magistrate.
with 6 months, or
respect to fine of 2,000
fire or rupees, or
combustib both.
le matter.
288 Negligent Imprisonment Cognizable. Bailable. Any
conduct for Magistrate.
with 6 months, or
respect to fine of 5,000
explosive rupees, or
substance. both.
289 Negligent Imprisonment Non- Bailable. Any
conduct for cognizable. Magistrate.
with 6 months, or
respect to fine of 5,000
machinery rupees, or
. both.
290 Negligent Imprisonment Non- Bailable. Any
conduct for cognizable. Magistrate.
with 6 months, or
respect to fine of 5,000
pulling rupees, or
down, both.
repairing
or
P a g e | 312

constructi
ng
buildings,
etc.
291 Negligent Imprisonment Cognizable. Bailable. Any
conduct for 6 months, Magistrate.
with or fine of
respect to 5,000
animal. rupees, or
both.
292 Fine of 1,000 Non- Bailable Any
Committing
rupees. cognizable. Magistrate.
public
nuisance in
cases not
otherwise
provided for.
293 Continuance Simple Cognizable. Baila Any
of nuisance imprisonmen ble. Magistrate.
after t for 6
injunction to months, or
discontinue. fine of 5,000
rupees, or
both.
294(2) Sale, On first Cognizable. Baila Any
etc., of conviction, ble. Magistrate.
obscene with
books, imprisonment
etc. for 2 years,
and with fine
of
5,000
rupees, and,
in the event
of second or
subsequent
conviction,
with
imprisonmen
t for
5 years,
and with
fine of
10,000
rupees.
P a g e | 313

295 Sale, On first Cognizable. Baila Any


etc., of conviction, ble. Magistrate.
obscene with
objects to imprisonment
child. for 3 years,
and with fine
of
2,000
rupees, and
in the event
of second or
subsequent
conviction,
with
imprisonmen
t for 7
years, and
with fine of
5,000
rupees.
296 Obscene acts Imprisonment Cognizable. Bailable. Any
and songs. for Magistrate.
3 months,
or fine of
1,000
rupees, or
both.
297(1) Keeping a Imprisonment Non- Bailable. Any
lottery for cognizable. Magistrate.
office. 6 months,
or fine, or
both.
297(2) Publishing Fine of 5,000 Non- Bailable. Any
proposals rupees. cognizable. Magistrate.
relating to
lotteries.
298 Defiling, Imprisonment Cognizable. Non- Any
etc., place for bailable. Magistrate.
of worship, 2 years, or
with intent fine, or both.
to insult
the religion
of any
class.
299 Deliberate Imprisonment Cognizable. Non- Magistrate of
and for bailable. the first
malicious 3 years, or class.
fine, or both.
P a g e | 314

acts,
intended to
outrage
religious
feelings of
any class by
insulting its
religion or
religious
beliefs.
300 Disturbing Imprisonment Cognizable. Bailable. Any
religious for 1 year, or Magistrate.
assembly. fine, or both.
301 Trespassin Imprisonment Cognizable. Bailable. Any
g on burial for 1 year, or Magistrate.
places, fine, or both.
etc.
302 Uttering Imprisonment Non- Bailable. Any
words, etc., for 1 year, or cognizable. Magistrate.
with fine, or both.
deliberate
intent to
wound
religious
feelings.
303(2) Theft. Rigorous Cognizable. Non- Any
imprisonmen bailable. Magistrate.
t for not be
less than
1 year but
which may
extend to 5
years and
fine.
Where Upon return Non- Bailable. Any
value of of the value cognizable. Magistrate.
property is of property or
less than restoration of
5,000 the stolen
rupees. property, shall
be punished
with
community
service.
304(2) Snatching. Imprison Cognizable. Non- Any
ment for bailable. Magistrate.
P a g e | 315

3 years
and fine.
305 Theft in a Imprison Cognizable. Non- Any
dwelling ment for bailable. Magistrate.
house, or 7 years
means of and fine.
transportati
on or place
of worship,
etc.
306 Theft by Imprison Cognizable. Non- Any
clerk or ment for bailable. Magistrate.
servant of 7 years
property in and fine.
possession
of master
or
employer.
307 Theft after Rigorous Cognizable. Non- Magistrate of
preparatio imprisonmen bailable. the first
n made for t for 10 class.
causing years and
death, hurt fine.
or restraint
in order
to the
committing
of theft.
308(2) Extortion. Imprisonme Cognizable. Non- Magistrate of
nt for 7 bailable. the first
years, or class.
fine, or
both.
308(3) Putting or Imprisonment Cognizable. Bailable. Any
attempting for 2 years, or Magistrate.
to put in fine, or both.
fear of
injury,
inorder to
commit
extortion.
308(4) Putting or Imprisonment Cognizable. Non- Magistrate of
attempting for 7 years bailable. the first
to put a and fine. class.
person in
fear of
P a g e | 316

death or
grievous
hurt in
order to
commit
extortion.
308(5) Extortion Imprisonment Cognizable Non- Magistrate of
by putting for 10 years . bailable. the first
a person in and fine. class.
fear of
death or
grievous
hurt.
308(6) Putting a Imprisonment Cognizable Bailable. Magistrate of
person in for 10 years . the first
fear and fine. class.
of
accusation
of an
offence
punishable
with death,
imprisonme
nt for life,
or
imprisonme
nt for 10
years in
order to
commit
extortion.
308(7) Extortion by Imprisonment Cognizable Bailable. Magistrate of
threat of for 10 years . the first
accusation of and fine. class.
an offence
punishable
with death,
imprisonmen
t for life, or
imprisonmen
t for 10
years.
309(4) Robbery. Rigorous Cognizable Non- Magistrate of
imprisonment . bailable. the first
for 10 years class.
and fine.
If robbery Rigorous Cognizable Non- Magistrate of
committed imprisonment . bailable. the first
P a g e | 317

on highway for 14 years. class.


between
sunset and
sunrise.
309(5) Attempt to Rigorous Cognizable Non- Magistrate of
commit imprisonment . bailable. the first
robbery. for 7 years class.
and fine.
309(6) Causing Imprisonmen Cognizable Non- Magistrate of
hurt. t for life, or . bailable. the first
rigorous class.
imprisonment
for 10 years
and fine.
310(2) Dacoity. Imprisonmen Cognizable Non- Court of
t for life, or . bailable. Session.
rigorous
imprisonment
for 10 years
and fine.
310(3) Murder in Death, Cognizable Non- Court of
dacoity. imprisonment . bailable. Session.
for life, or
rigorous
imprisonment
for not less
than 10
years and
fine.
310(4) Making Rigorous Cognizable Non- Court of
preparation imprisonment . bailable. Session.
to commit for 10 years
dacoity. and fine.
310(5) Being one of Rigorous Cognizable Non- Court of
five or more imprisonment . bailable. Session.
persons for 7 years
assembled and fine.
for the
purpose of
committingd
acoity.

310(6) Belonging to Imprisonment Cognizable Non- Court of


a gang of for life, . bailable. Session.
persons or rigorous
associated imprisonment
for the for 10 years
purpose of and fine.
habituallyco
P a g e | 318

mmittingdac
oity.

311 Robbery or Imprisonme Cognizable Non- Court of


dacoity, with nt for not . bailable. Session.
attempt to less than 7
cause death years.
or grievous
hurt.
312 Attempt to Imprisonme Cognizable Non- Court of
commit nt for not . bailable. Session.
robbery or less than 7
dacoity years.
when
armed with
deadly
weapon.
313 Belonging to Rigorous Cognizable Non- Magistrate of
a wandering imprisonment . bailable. the first
gang of for 7 years class.
persons and fine.
associated
for the
purpose of
habitually
committing
thefts.
314 Dishonest Imprisonment Non- Bailable. Any
misappropri of not less cognizable. Magistrate.
ation of than 6
movable months but
property, or which may
converting extend to 2
it to one's years and
own use. fine.
315 Dishonest Imprisonment Non- Bailable. Magistrate of
misappropria for 3 years and cognizable. the first class.
tion of fine.
property
possessed
by deceased
person at
the time of
his death.
If by clerk Imprisonment Non- Bailable. Magistrate of
or person for 7 years. cognizable. the first
employed by class.
deceased.
P a g e | 319

316(2) Criminal Imprisonment Cognizable. Non- Magistrate of


breach of for 5 years, bailable. the first
trust. or fine, or class.
both.
316(3) Criminal Imprisonment Cognizable. Non- Magistrate of
breach of for 7 years bailable. the first
trust by and fine. class.
a carrier,
wharfinger,
etc.
316(4) Criminal Imprisonment Cognizable. Non- Magistrate of
breach of for 7 years bailable. the first
trust by and fine. class.
a clerk or
servant.
316(5) Criminal Imprisonment Cognizable. Non- Magistrate of
breach of for life, or bailable. the first
trust by imprisonment class.
public for 10 years
servant or and fine.
by banker,
merchant or
agent, etc.
317(2) Dishonestly Imprisonment Cognizable. Non- Any
receiving for 3 years, bailable. Magistrate.
stolen or fine, or
property both.
knowing
it to be
stolen.
317(3) Dishonestly Imprisonment Cognizable. Non- Court of
receiving for life, or bailable. Session.
stolen rigorous
property, imprisonment
knowing for 10 years
that it was and fine.
obtained by
dacoity.
317(4) Habitually Imprisonment Cognizable. Non- Court of
dealing in for life, or bailable. Session.
stolen imprisonment
property. for 10 years
and fine.
317(5) Assisting in Imprisonment Cognizable. Non- Any
concealment for 3 years, bailable. Magistrate.
or or fine, or
disposal of both.
stolen
property,
knowing it
to be stolen.
P a g e | 320

318(2) Cheating. Imprisonment Non- Bailable. Any


for 3 years, cognizable. Magistrate.
or fine, or
both.
318(3) Cheating a Imprisonment Non- Bailable. Any
person for 5 years, cognizable. Magistrate.
whose or fine, or
interest the both.
offender was
bound,
either by law
or by
legal
contract, to
protect.
318(4) Cheating Imprisonment Cognizable. Non- Magistrate of
and for 7 years bailable. the first
dishonestly and fine. class.
inducing
delivery of
property.
319(2) Cheating by Imprisonment Cognizable Bailable. Any
personation. for 5 years, Magistrate.
or with fine, or
with both.
320 Fraudulent Imprisonment Non- Bailable. Any
removal or of not be cognizable. Magistrate.
concealment less than 6
of property, months but 2
etc., to years, or fine,
prevent or both.
distribution
which may
extend to
among
creditors.
321 Dishonest or Imprisonment Non- Bailable. Any
fraudulently for 2 years, cognizable. Magistrate.
preventing or fine, or
from being both.
made
available for
his
creditors a
debt or
demand
due to the
offender.
P a g e | 321

322 Dishonest or Imprisonment Non- Bailable. Any


fraudulent for 3 years, or cognizable. Magistrate.
execution of fine, or both.
deed of
transfer
containing a
false
statement of
consideration
.
323 Fraudulent Imprisonment Non- Bailable. Any
removal for 3 years, cognizable Magistrate.
or or fine, or both.
Impriso
nment for 3
years,
concealment
of
property,

or fine, or
both.
of himself or
any other
person or
assisting in
the
doing thereof,
or dishonestly
releasing any
demand or
claim to
which he is
entitled.
324(2) Mischief. Imprisonment Non- Bailable. Any
for cognizable. Magistrate.
6 months, or
fine, or both.
324(3) Mischief Imprisonment Non- Bailable. Any
causing loss for 1 year, or cognizable. Magistrate.
or damage fine, or both.
to any
property
including
property of
Government
or Local
Authority.
324(4) Mischief Imprisonment Non- Bailable. Any
causing loss for 2 years, or cognizable. Magistrate.
or damage to fine, or both.
P a g e | 322

the amount
of twenty
thousand
rupees but
less than 2
lakh rupees.
324(5) Mischief Imprisonment Cognizable. Bailable. Magistrate of
causing loss for 5 years, or the first
or damage fine, or both. class.
to the
amount of
one lakh
rupees or
upwards.
324(6) Mischief Imprisonment Cognizable. Bailable. Magistrate of
with for 5 years, the first
preparation and fine. class.
for causing
to any
person
death, or
hurt, or
wrongful
restraint, or
fear of
death, or of
hurt, or of
wrongful
restraint.
325 Mischief by Imprisonment Cognizable. Bailable. Magistrate of
killing or for 5 years, the first
maiming or fine, or class.
animal. both.
326(a) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
causing for 5 years, or the first
diminution fine, or both. class.
of supply of
water for
agricultural
purposes,
etc.
326(b) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
injury to for 5 years, or the first
public road, fine, or both. class.
bridge,
navigable
river, or
navigable
channel, and
rendering it
impassable
P a g e | 323

or less safe
for travelling
or
conveying
property.
326(c) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
causing for 5 years, or the first
inundation with fine, or class.
or with both.
obstruction
to public
drainage
attended
with
damage.
326(d) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
destroying for 7 years, or the first
or moving or fine, or both. class.
rendering
less useful a
lighthouse or
seamark, or
by exhibiting
false lights.
326(e) Mischief by Imprisonment Non- Bailable. Any
destroying for 1 year, or cognizable. Magistrate.
or moving, fine, or both.
etc., a
landmark
fixed by
public
authority.
326(f) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
fire or for 7 years the first
explosive and fine. class.
substance
with intent
to cause
damage.
326(g) Mischief by Imprisonment Cognizable. Non- Court of
fire or for life, or bailable. Session.
explosive imprisonment
substance for 10 years
with intent to and fine.
destroy a
house, etc.
327(1) Mischief Imprisonment Cognizable. Non- Court of
with intent for 10 years bailable. Session.
to destroy and fine.
or make
unsafe a
P a g e | 324

decked
vessel or a
vessel of
20 tonnes
burden.
327(2) The Imprisonment Cognizable. Non- Court of
mischief for life, or bailable. Session.
described imprisonment
in the last for 10 years
section and fine.
when
committed
by fire or
any
explosive
substance.
328 Running Imprisonment Cogniza Non- Court of
vessel with for 10 years ble. bailable. Session.
intent and fine.
to commit
theft, etc.
329(3) Criminal Imprisonment Cogniza Bailable. Any
trespass. for ble. Magistrate.
3 months, or
fine of
5,000 rupees,
or both.
329(4) House- Imprisonment Cogniza Bailable. Any
trespass. for 1 year, ble. Magistrate.
or fine of
5,000 rupees,
or both.
331(1) Lurking Imprisonment Cogniza Non- Any
house- for 2 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking.
331(2) Lurking Imprisonment Cogniza Non- Any
house- for 3 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking by
night.
P a g e | 325

331(3) Lurking Imprisonment Cogniza Non- Any


house- for 3 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking in
order to
the
commission
of an
offence
punishable
with
imprisonmen
t.
If the Imprisonment Cogniza Non- Magistrate of
offence be for 10 years. ble. bailable. the first
theft. class.
331(4) Lurking Imprisonment Cogniza Non- Any
house- for 5 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking by
night
in order to
the
commission
of an
offence
punishable
with
imprisonme
nt.
If the Imprisonment Cogniza Non- Magistrate of
offence be for ble. bailable. the first
theft. 14 years. class.
331(5) Lurking Imprisonment Cogniza Non- Magistrate of
house- for ble. bailable. the first
trespass or 10 years and class.
house- fine.
breaking
after
preparation
made for
causing
hurt,
assault,
etc.
P a g e | 326

331(6) Lurking Imprisonment Cogniza Non- Magistrate of


house- for ble. bailable. the first
trespass or 14 years and class.
house- fine.
breaking by
night,
after
preparation
made for
causing hurt,
etc.
331(7) Grievous Imprisonment Cogniza Non- Court of
hurt caused for life, or ble. bailable. Session.
whilst imprisonment
committing for 10 years
lurking and fine.
house-
trespass or
house-
breaking.
331(8) Death or Imprisonment Cogniza Non- Court of
grievous for life, or ble. bailable. Session.
hurt imprisonment
caused by for 10 years
one of and fine.
several
persons
jointly
concerned
in house-
breaking by
night, etc.
332(a) House- Imprisonment Cogniza Non- Court of
trespass in for life, or ble. bailable. Session.
order to rigorous
the imprisonment
commission for
of an 10 years and
offence fine.
punishable
with
death.
P a g e | 327

332(b) House- Imprisonment Cogniza Non- Court of


trespass in for 10 years ble. bailable. Session.
order to the and fine.
commission
of an
offence
punishable
with
imprisonmen
t for life.
332(c) House- Imprisonment Cogniza Bailable. Any
trespass in for 2 years ble. Magistrate.
order to and fine.
the
commission
of an
offence
punishable
with
imprisonmen
t.
If the Imprisonment Cogniza Non- Any
offence is for 7 years. ble. bailable. Magistrate.
theft.
333 House- Imprisonment Cogniza Non- Any
trespass, for 7 years ble. bailable. Magistrate.
having and fine.
made
preparation
for causing
hurt,
assault,
etc.
334(1) Dishonestly Imprisonment Cogniza Non- Any
breaking for 2 years, or ble. bailable. Magistrate.
open or fine, or both.
unfastening
any closed
receptacle
containing
or supposed
to contain
property.
334(2) Being Imprisonment Cogniza Bailable. Any
entrusted for 3 years, or ble. Magistrate.
with any fine, or both.
closed
receptacle
containing
or supposed
to contain any
P a g e | 328

property, and
fraudulently
opening the
same.
336(2) Forgery. Imprisonment Non- Bailable. Magistrate of
for 2 years, or cognizable. the first
fine, or both. class.
336(3) Forgery for Imprisonment Cognizable. Non- Magistrate of
the purpose for 7 years bailable. the first
of cheating. and fine. class.
336(4) Forgery for Imprisonment Cognizable. Bailable. Magistrate of
the purpose for 3 years the first
of harming and fine. class.
the
reputation of
any person
or knowing
that it is
likely to be
used for
that
purpose.
337 Forgery of a Imprisonment Non- Non- Magistrate of
record of a for 7 years cognizable. bailable. the first
Court or of and fine class.
a Registrar
of Births,
etc., kept
by a public
servant.
338 Forgery of Imprisonme Non- Non- Magistrate of
a valuable nt for life, cognizable. bailable. the first
security, or class.
will, or imprisonme
authority to nt for 10
make or years and
transfer fine.
any
valuable
security, or
to receive
any
money,
etc.
When the Imprisonme Cognizable. Non- Magistrate of
valuable nt for life, bailable. the first
security is a or class.
promissory imprisonme
note of the nt for 10
Central years and
Government. fine.
P a g e | 329

339 Having Imprison Cognizable. Bailable. Magistrate of


possession ment for the first
of a 7 years class.
document, and fine.
knowing it
to be forged,
with intent
to use it as
genuine; if
the
document is
one of the
description
mentioned in
section 337.
If the Imprisonme Non- Bailable. Magistrate of
document is nt for life, cognizable. the first
one of the or class.
description imprisonme
mentioned nt for
in section 7 years and
338. fine.
340(2) Using as Punishment Cognizable. Bailable. Magistrate of
genuine a for forgery of the first
forged such class.
document document.
which is
known to be
forged.
341(1) Making or Imprisonme Cognizable. Bailable. Magistrate of
counterfeitin nt for life, the first
g a seal, or class.
plate, etc., imprisonme
with intent nt for
to commit a 7 years and
forgery fine.
punishable
under
section 338
or
possessing
with like
intent any
such seal,
plate, etc.,
knowing the
same to be
counterfeit.
P a g e | 330

341(2) Making or Imprisonment Cognizable. Bailable. Magistrate of


counterfeitin for the first
g a 7 years and class.
seal, plate, fine.
etc., with
intent
to commit a
forgery
punishable
otherwise
than
under
section 338
or
possessing
with like
intent
any such
seal, plate,
etc.,
knowing the
same to be
counterfeit.
341(3) Possesses Imprisonment Cognizable. Bailable. Magistrate of
any seal, for the first
plate or 3 years and class.
other fine.
instrument
knowing
the same to
be
counterfeit.
341(4) Fraudulently Same as if he Cognizable. Bailable. Magistrate of
or had made the first
dishonestly or class.
uses as counterfeited
genuine any such
seal, seal, plate or
plate or other
other instrument.
instrument
knowing or
having
reason
to believe
the same to
be
counterfeit.
P a g e | 331

342(1) Counterfeitin Imprisonment Non- Bailable. Magistrate of


g a device for life, or cognizable. the first
or imprisonment class.
mark used for
for 7 years and
authenticatin fine.
g
documents
described in
section 338
or
possessing
counterfeit
marked
material.
342(2) Counterfeitin Imprisonment Non- Non- Magistrate of
g a device for cognizable. bailable. the first
or 7 years and class.
mark used fine.
for
authenticatin
g
documents
other than
those
described in
section 338
or
possessing
counterfeit
marked
material.
343 Fraudulently Imprisonment Non- Non- Magistrate of
destroying or for life, cognizable. bailable. the first
defacing, or or class.
attempting imprisonment
to for
destroy or 7 years and
deface, or fine.
secreting, a
will, etc.
344 Falsification Imprisonment Non- Bailable. Magistrate of
of accounts. for cognizable. the first
7 years, or class.
fine, or both.
P a g e | 332

345(3) Using a false Imprisonment Non- Bailable. Any


property for 1 year, cognizable. Magistrate.
mark with or fine, or
intent to both.
deceive
or injure
any
person.
346 Removing, Imprisonment Non- Bailable. Any
destroying or for 1 year, cognizable. Magistrate.
defacing or fine, or
property both.
mark
with intent
to cause
injury.
347(1) Counterfeitin Imprisonment Non- Bailable. Any
g a property for 2 years, cognizable. Magistrate.
mark used or fine, or
by another, both.
with
intent to
cause
damage or
injury.
347(2) Counterfeitin Imprisonment Non- Bailable. Magistrate of
g a property for cognizable. the first
mark used 3 years and class.
by a public fine.
servant, or
any mark
used
by him to
denote the
manufacture,
quality, etc.,
of any
property.
348 Fraudulently Imprisonment Non- Bailable. Magistrate of
making or for cognizable. the first
having 3 years, or class.
possession of fine, or both.
any
die, plate or
other
instrument
for
counterfeitin
g any public
or private
property
P a g e | 333

mark.

349 Knowingly Imprisonment Non- Bailable. Any


selling for cognizable. Magistrate.
goods 1 year, or fine,
marked or both.
with a
counterfeit
property
mark.
350(1) Fraudulentl Imprisonmen Non- Bailable. Any
y making a t for 3 years, cognizable. Magistrate.
false mark or fine, or
upon any both.
package or
receptacle
containing
goods, with
intent to
cause it to
be believed
that it
contains
goods,
which it
does not
contain,
etc.
350(2) Making Imprisonmen Non- Bailable. Any
use of any t for 3 years, cognizable. Magistrate.
such false or fine, or
mark. both.
351(2) Criminal Imprisonmen Non- Bailable Any
intimidation. t for 2 years, cognizable Magistrate.
or fine, or
both.
351(3) If threat be Imprisonmen Non- Bailable Magistrate of
to cause t for 7 years, cognizable the first
death or or fine, or class.
grievous both.
hurt, etc.
351(4) Criminal Imprisonmen Non- Bailable. Magistrate of
intimidation t for 2 years, cognizable. the first class.
by in addition to
anonymous the
communicati punishment
on or having under
taken section 351(1).
precaution
to conceal
whence the
P a g e | 334

threat
comes.
352 Insult Imprisonmen Non- Bailable. Any
intended to t for 2 years, cognizable. Magistrate.
provoke or fine, or
breach of both.
the peace.
353(1) False Imprisonmen Non- Non- Any
statement, t for 3 years, cognizable. bailable. Magistrate.
rumour, or fine, or
etc., both.
circulated
with intent
to cause
mutiny or
offence
against the
public
peace.
353(2) False Imprisonmen Cognizable. Non- Any
statement, t for 3 bailable. Magistrate.
rumour, years, or
etc., with fine, or both.
intent to
create
enmity,
hatred or ill-
will between
different
classes.
353(3) False Imprisonmen Cognizable. Non- Any
statement, t for 5 years bailable. Magistrate.
rumour, and fine.
etc., made
in place of
worship,
etc., with
intent to
create
enmity,
hatred or ill-
will.
354 Act caused Imprisonmen Non- Bailable. Any
by inducing t for 1 year, cognizable. Magistrate.
a person to or fine, or
believe that both.
he will be
rendered
an object of
Divine
displeasure
P a g e | 335

355 Appearing Simple Non- Bailable. Any


in a public imprisonment cognizable. Magistrate.
place, etc., for 24 hours,
in a state of or fine of
intoxication 1,000 rupees,
, and or both or
causing with
annoyance community
to any service.
person.
356(2) Defamation Simple Non- Bailable. Court of
against the imprisonment cognizable. Session.
President or for 2 years, or
the Vice- fine or both, or
President or community
the service.
Governor of
a State or
Administrato
r of a Union
territory or a
Minister in
respect of
his conduct
in the
discharge of
his public
functions
when
instituted
upon a
complaint
made by the
Public
Prosecutor.
Defamation Simple Non- Bailable. Magistrate of
in any imprisonment cognizable. the first
other case. for 2 years, or class.
fine or both, or
community
service.
P a g e | 336

356(3) Printing or Simple Non- Bailable. Court of


engraving imprisonment cognizabl Session.
matter for 2 years, or e.
knowing it to fine, or both.
be
defamatory
against the
President or
the Vice-
President or
the
Governor of
a State or
Administrato
r of a Union
territory or a
Minister in
respect of
his conduct
in the
discharge of
his public
functions
when
instituted
upon a
complaint
made by the
Public
Prosecutor.
Printing or Simple Non- Bailable. Magistrate
engraving imprisonment cognizabl of the first
matter for 2 years, or e. class.
knowing it fine, or both.
to be
defamatory,
in any other
case.
356(4) Sale of Simple Non- Bailable. Court of
printed or imprisonment cognizabl Session.
engraved for 2 years, or e.
substance fine, or both.
containing
defamatory
matter,
knowing it to
contain such
matter
against the
President or
the Vice-
P a g e | 337

President or
the
Governor of
a State or
Administrato
r of a Union
territory or a
Minister in
respect of
his conduct
in the
discharge of
his public
functions
when
instituted
upon a
complaint
made by the
Public
Prosecutor.
Sale of Simple Non- Bailable. Magistrate
printed or imprisonment cognizabl of the first
engraved for 2 years, or e. class.
substance fine, or both.
containing
defamatory
matter,
knowing it
to contain
such matter
in any other
case.
357 Being Imprisonment Non- Bailable. Any
bound to for 3 months, cognizabl Magistrate.
attend on or fine of e.
or supply 5,000 rupees,
the wants or both.
of a person
who is
helpless
from youth,
unsoundnes
s of mind or
disease,
and
voluntarily
omitting to
do so.
P a g e | 338

II—CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

Offence Cognizable or non- Bailable or non- By what court


cognizable. bailable. triable.
1 2 3 4
If punishable Cognizable. Non-bailable. Court of Session.
with death,
imprisonment
for life, or
imprisonment
for more than
7 years.

If punishable with Cognizable. Non-bailable. Magistrate of the


imprisonment for first class.
3 years and
upwards but not
more than 7
years.

If punishable with Non-cognizable. Bailable. Any Magistrate.


imprisonment for
less than 3 years
or with fine only.

Note: For Reference only. HomePage


P a g e | 339

HomePage
FORMS Sch.II

THE SECOND SCHEDULE


(See section 522)
FORM No.1

NOTICE FOR APPEARANCE BY THE POLICE


[See section 35(3)]
Serial No……. Police Station………
To,
.................................
[Name of the Accused/Noticee]
.................................
[Last known Address]
.................................
[Phone No./Email ID(if any)]
In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, I hereby inform you that during the investigation of
FIR/ Case No …………………. dated……………u/s................................................
registered at Police Station…………, it is revealed that there are reasonable grounds
to question you to ascertain facts and circumstances from you, in relation to
the present investigation. Hence you are directed to appear before me at……….
AM/PM on…......at

Police Station.
Name and Designation of the Officer In charge
(Seal)

————
P a g e | 340

Sch. II
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

FORM No.2

SUMMONS TO AN ACCUSED PERSON

(See section 63)

To..............................................(name of accused) of …………..(address)

WHEREAS your attendance is necessary to answer to a charge of ..................... .....


..............................................(state shortly the offence charged), you are hereby
required to appear in person (or by an advocate, before the (Magistrate)
of…………………………….on the........................................day…………………..Herein fail not.

Dated, this .........................day of....................................,20.............

(Seal of the Court) (Signature)

————
P a g e | 341

Forms Sch. II

FORM No. 3

WARRANT OF ARREST

(See section 72)

To ........................................... (name and designation of the person or


persons who is or are to execute the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence


of..................................................(state the offence), you are hereby
directed to arrest the said......................................., and to produce him
before me. Herein fail not.

Dated, this..................................day of..............................,20........

(Seal of the Court) (Signature)

(See section 73)

This warrant may be endorsed as follows:—

If the said........................................shall give bail himself in the sum of


rupees..............................................with one surety in the sum of
rupees..............................................(or two sureties each in the sum of
rupees.............................) to attend before me on
the......................................day of..........................................and to
continue so to attend until otherwise directed by me, he may be released.

Dated, this......................................day of..............................,20....

(Seal of the Court) (Signature)

————
P a g e | 342

Sch. II
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
FORM No.4
BOND AND BAIL-BOND AFTER ARREST UNDER AWARRANT
(See section 83)
I,..........................................(name), of..................................... ...., being
brought before the District Magistrate of………………… .............. (or as the
case may be) under a warrant issued to compel my appearance to answer
to the charge of……………………………………., do hereby bind myself to attend in
the Court of...................................on the ........................... day of
..........................................next, to answer to the said charge, and to
continue so to attend until otherwise directed by the Court; and, in case of
my making default therein, I bind myself to forfeit, to Government, the sum
of rupees..................................................

Dated, this ...................... day of ................................., 20.........

(Signature)

I do hereby declare myself surety for the above- named...........................


of......................................that he shall attend before in the Court
of........................on the..................................day
of........................next, to answer to the charge on which he has been
arrested, and shall continue so to attend until otherwise directed by the
Court; and, in case of his making default therein, I bind myself to forfeit, to
Government, the sum of rupees....................................................

Dated, this ............................... day of.........................., 20...........

(Signature)
————
P a g e | 343

FORMS Sch.II
FORM No.5
PROCLAMATION REQUIRING THE APPEARANCE
OF A PERSON ACCUSED
(See section 84)
WHEREAS a complaint has been made before me that………. ............. ……...…
(name, description and address) has committed (or is suspected to have
committed) the offence of.............................................., punishable under
section.............................................. of the Bharatiya Nyaya Sanhita, 2023,
and it has been returned to a warrant of arrest thereupon issued that the
said..........................(name) cannot be found, and whereas it has been shown to
my satisfaction that the said...........................................(name) has absconded (or
is concealing himself to avoid the service of the said warranty);
Proclamation is hereby made that the said.................................of
..................................is required to appear at ..............................(place) before
this Court (or before me) to answer the said complaint on
the....................................day of......................................

Dated, this...............................day of................................, 20........

(Seal of the Court) (Signature)

————
P a g e | 344

FORM No. 6

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

(See sections 84, 90 and 93)

WHEREAS complaint has been made before me


that.....................................................(name, description and address) has
committed (or is suspected to have committed) the offence of
..........................................................(mention the offence concisely) and a
warrant has been issued to compel the attendance
of............................................................(name, description and address of
the witness) before this Court to be examined touching the matter of the said
complaint; and whereas it has been returned to the said warrant that the
said.......................................................(name of witness) cannot be served,
and it has been shown to my satisfaction that he has absconded (or is concealing
himself to avoid the service of the said warrant);

Proclamation is hereby made that the said..............................................


(name) is required to appear at..............................................(place) before
the Court..............................................on the........................................day
of.........................................next at..............................................o'clock to
be examined touching..............................................the offence complained of.

Dated, this.............................................day of ............, 20 ...............

(Seal of the Court) (Signature)

————
P a g e | 345

FORM No. 7

ORDER OF ATTACHMENT TO COMPEL


THE ATTENDANCE OF A WITNESS

(See section 85)

To the officer in charge of the police station at.......................................

WHEREAS a warrant has been duly issued to compel the attendance


of.............................................. (name, description and address) to testify
concerning a complaint pending before this Court, and it has been returned to the
said warrant that it cannot be served; and whereas it has been shown to my
satisfaction that he has absconded (or is concealing himself to avoid the service
of the said warrant); and thereupon a Proclamation has been or is being duly
issued and published requiring the said..............................................to appear
and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property
belonging to the said..............................................to the value of
rupees..............................................which you may find within the
District...........................................of.....................................and
to hold the said property under attachment pending the further order of this Court,
and to return this warrant with an endorsement certifying the manner of its
execution.

Dated, this.............................day of........................, 20 ............

(Seal of the Court) (Signature)

————
P a g e | 346

FORM No. 8

ORDER OF ATTACHMENT TO COMPEL


THE APPEARANCE OF A PERSON ACCUSED

(See section 85)

To..............................................(name and designation of the person or


persons who is or are to execute the warrant).
WHEREAS complaint has been made before me that ............................. (name,
description and address) has committed (or is suspected to have committed) the
offence of........................................ punishable under section ................
.............................of the Bharatiya Nyaya Sanhita, 2023 and it has been
returned to a warrant of arrest thereupon issued that the
said..............................................(name) cannot be found; and whereas it has
been shown to my satisfaction that the
said..............................................(name) has absconded (or is concealing
himself to avoid the service of the said warrant) and thereupon a Proclamation
has been or is being duly issued and published requiring the
said..............................................to appear to answer the said charge
within..............................................days; and whereas the
said..............................................is possessed of the following property, other
than land paying revenue to Government, in the village (or town),
of.............................................., in the District of
.............................................., viz.,.............................................., and an
order has been made for the attachment thereof;
You are hereby required to attach the said property in the manner specified in
clause (a), or clause (c), or both*, of sub-section (3) of section 85, and to hold
the same under attachment pending further order of this Court, and to return this
warrant with an endorsement certifying the manner of its execution.

Dated, this.............................day of.........................., 20 .........

(Seal of the Court) (Signature)

*Strike out the one which is not applicable, depending on the nature of the property to be attached.

————
P a g e | 347

FORM No. 9

ORDER AUTHORISING AN ATTACHMENT BY


THE DISTRICT MAGISTRATE OR COLLECTOR

(See section 85)

To the District Magistrate/Collector of the District of........................................

WHEREAS complaint has been made before me that......................................


(name, description and address) has committed (or is suspected to have
committed) the offence of .............................................., punishable under
section.......................................of the Bharatiya Nyaya Sanhita, 2023 and it
has been returned to a warrant of arrest thereupon issued that the
said..............................................(name) cannot be found; and whereas it has
been shown to my satisfaction that the
said..............................................(name) has absconded (or is concealing
himself to avoid the service of the said warrant) and thereupon a Proclamation
has been or is being duly issued and published requiring the said
.......................................(name) to appear to answer the said charge
within..................................days; and whereas the said
..............................................is possessed of certain land paying revenue to
Government in the village (or town) of......................................., in the District
of ............................. .................;

You are hereby authorised and requested to cause the said land to be attached,
in the manner specified in clause (a), or clause (c), or both*, of sub-section (4)
of section 85, and to be held under attachment pending the further order of this
Court, and to certify without delay what you may have done in pursuance of this
order.

Dated, this................................... day of............................., 20 .......

(Seal of the Court) (Signature)

*Strike out the one which is not desired.

------
P a g e | 348

FORM No. 10

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

(See section 90)

To..............................................(name and designation of the police officer or


other person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that...................... ....................


(name and description of accused) of................................. (address) has (or is
suspected to have) committed the offence of
..............................................(mention the offence concisely),and it appears
likely that..............................................(name and description of witness) can
give evidence concerning the said complaint, and whereas I have good and
sufficient reason to believe that he will not attend as a witness on the hearing of
the said complaint unless compelled to do so;

This is to authorise and require you to arrest the said....................


..........................(name of witness), and on the.....................
.........................day of..............................................to bring him before this
Court.............................................., to be examined touching the offence
complained of.

Dated, this.................................. day of............................., 20 .........

(Seal of the Court) (Signature)

————
P a g e | 349

FORM No. 11

WARRANT TO SEARCH AFTER


INFORMATION OF A PARTICULAR OFFENCE

(See section 96)

To..............................................(name and designation of the police officer or


other person or persons who is or are to execute the warrant).

WHEREAS information has been laid..............................................(or complaint


has been made) before me of the commission..............................................(or
suspected commission) of the offence of..............................................(mention
the offence concisely), and it has been made to appear to me that the production of
..............................................(specify the thing clearly) is essential to the inquiry
now being made (or about to be made) into the said offence (or suspected offence);

This is to authorise and require you to search for the said.........................


.....................(the thing specified) in the..................................... (describe the
house or place or part thereof to which the search is to be confined), and, if found,
to produce the same forthwith before this Court, returning this warrant, with an
endorsement certifying what you have done under it, immediately upon its
execution.

Dated, this...................................day of.............................., 20 .........

(Seal of the Court) (Signature)

————
P a g e | 350

FORM No. 12

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

(See section 97)

To..............................................(name and designation of the police officer


above the rank of a constable).

WHEREAS information has been laid before me, and on due inquiry thereupon had,
I have been led to believe that the..............................................(describe the
house or other place) is used as a place for the deposit (or sale) of stolen property
(or if for either of the other purposes expressed in the section, state the purpose in
the words of the section);

This is to authorise and require you to enter the said house (or other place) with
such assistance as shall be required, and to use, if necessary, reasonable force for
that purpose, and to search every part of the said house (or other place, or if the
search is to be confined to a part, specify the part clearly), and to seize and take
possession of any property (or documents, or stamps, or seals, or coins, or obscene
objects, as the case may be) (add, when the case requires it) and also of any
instruments and materials which you may reasonably believe to be kept for the
manufacture of forged documents, or counterfeit stamps, or false seals, or
counterfeit coins or counterfeit currency notes (as the case may be), and forthwith
to bring before this Court such of the said things as may be taken possession of,
returning this warrant, with an endorsement certifying what you have done under it,
immediately upon its execution.

Dated, this.................................. day of.............................. , 20 ...........

(Seal of the Court) (Signature)

————
P a g e | 351

FORM No. 13

BOND TO KEEP THE PEACE

(See sections 125 and 126)

WHEREAS I,..........................................................(name), inhabitant of


............................................(place), have been called upon to enter into a bond
to keep the peace for the term of........................................ or until the completion
of the inquiry in the matter of.................................... now pending in the Court
of.............................................., I hereby bind myself not to commit a breach of
the peace, or do any act that may probably occasion a breach of the peace, during
the said term or until the completion of the said inquiry and, in case of my making
default therein, I hereby bind myself to forfeit, to Government, the sum of
rupees...............................

Dated, this...............................day of........................., 20 ...........

(Signature)

————
P a g e | 352

FORM No. 14

BOND FOR GOOD BEHAVIOUR

(See sections 127, 128 and 129)

WHEREAS I,......................................................................(name), inhabitant


of..............................................(place), have been called upon to enter into a
bond to be of good behaviour to Government and all the citizens of India for the
term of..............................................(state the period) or until the completion of
the inquiry in the matter of .................... .......................... now pending in the
Court of .......................................,
I hereby bind myself to be of good behaviour to Government and all the citizens of
India during the said term or until the completion of the said inquiry; and, in case of
my making default therein, I hereby bind myself to forfeit to Government the sum
of rupees...................

Dated, this........................... day of.........................., 20 .............

(Seal of the Court) (Signature)

(Where a bond with sureties is to be executed, add)

We do hereby declare ourselves sureties for the above named.....................


...................that he will be of good behaviour to Government and all the citizens of
India during the said term or until the completion of the said inquiry; and, in case of
his making default therein, we bind ourselves, jointly and severally, to forfeit to
Government the sum of rupees.........................

Dated, this.............................day of.........................., 20 ............ .

(Seal of the Court) (Signature)

————
P a g e | 353

FORM No. 15

SUMMONS ON INFORMATION OF A
PROBABLE BREACH OF THE PEACE

(See section 132)

To..............................................of...................................................

WHEREAS it has been made to appear to me by credible information


that................................(state the substance of the information), and that you
are likely to commit a breach of the peace (or by which act a breach of the peace
will probably be occasioned), you are hereby required to attend in person (or by a
duly authorised agent) at the office of the Magistrate of ......
.................................on the ......................................... day of.............
.................................20......, at ten o'clock in the forenoon, to show cause why
you should not be required to enter into a bond for
rupees........................................[when sureties are required, add, and also to
give security by the bond of one (or two, as the case may be)
surety (or sureties) in the sum of rupees.......................................(each if more
than one)], that you will keep the peace for the term of...............................

Dated, this............................ day of................................, 20 .......

(Seal of the Court) (Signature)

————
P a g e | 354

FORM No. 16

WARRANT OF COMMITMENT ON FAILURE TO


FIND SECURITY TO KEEP THE PEACE

(See section 141)

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name and address) appeared before me


in person (or by his authorised agent) on the............... ........ ... day
of..............................................in obedience to a summons calling upon him to
show cause why he should not enter into a bond for
rupees..............................................with one surety (or a bond with two sureties
each in rupees..............................................), that he, the
said..............................................(name) would keep the peace for the period of
months; and whereas an order was then made requiring the
said..............................................(name) to enter into and find such
security......................................... (state the security ordered when it differs
from that mentioned in the summons), and he has failed to comply with the said
order;

This is to authorise and require you to receive the said......................... ... (name)
into your custody, together with this warrant, and him safely to keep in the said Jail
for the said period of..............................................(term of imprisonment) unless
he shall in the meantime be lawfully ordered to be released, and to return this
warrant with an endorsement certifying the manner of its execution.

Dated, this..................................day of.........................., 20 ........

(Seal of the Court) (Signature)

————
P a g e | 355

FORM No. 17

WARRANT OF COMMITMENT ON FAILURE TO


FIND SECURITY FOR GOOD BEHAVIOUR

(See section 141)

To the Officer in charge of the Jail at..............................................

WHEREAS it has been made to appear to me that ...................................


(name and description) has been concealing his presence within the district
of............................................. and that there is reason to believe that he is
doing so with a view to committing a cognizable offence;

Or

WHEREAS evidence of the general character of.......................................... (name


and description) has been adduced before me and recorded, from which it appears
that he is an habitual robber (or house-breaker, etc., as the case may be); AND
WHEREAS an order has been recorded stating the same and requiring the said
(name) to furnish security for his good behaviour for the term of (state the period)
by entering into a bond with one surety (or two or more sureties, as the case may
be), himself for rupees................. ............. ................ and the said surety (or
each of the said sureties) rupees ..............................................and the
said................................. ...........(name) has failed to comply with the said order
and for such default has been adjudged imprisonment for (state the term) unless
the said security be sooner furnished;

This is to authorise and require you receive the said.................................. (name)


into your custody, together with this warrant and him safely to keep in the Jail, or if
he is already in prison, be detained therein, for the said period of (term of
imprisonment) unless he shall in the meantime be lawfully ordered to be released,
and to return this warrant with an endorsement certifying the manner of its
execution.

Dated, this................................day of.........................., 20 .........

(Seal of the Court) (Signature)

————
P a g e | 356

FORM No. 18
WARRANT TO DISCHARGE A PERSON IMPRISONED
ON FAILURE TO GIVE SECURITY

(See sections 141 and 142)

To the Officer in charge of the Jail at...............................................(or other


officer in whose custody the person is).

WHEREAS..............................................(name and description of prisoner) was


committed to your custody under warrant of the Court, dated
the..............................................day of ...........................................
20..............................................; and has since duly given security under section
.............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023.

or

WHEREAS............................................(name and description of prisoner) was


committed to your custody under warrant of the Court, dated
the.........................................................day of ..............................
...............20.................; and there have appeared to me sufficient
grounds for the opinion that he can be released without hazard to the community;

This is to authorise and require you forthwith to discharge the said...........


................................... (name) from your custody unless he is liable to be
detained for some other cause.

Dated, this............................. day of............................., 20 .........

(Seal of the Court) (Signature)

————
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FORM No. 19

WARRANT OF IMPRISONMENT ON
FAILURE TO PAY MAINTENANCE

(See section 144)

To the Officer in charge of the Jail at...............................................

WHEREAS..............................................(name, description and address) has


been proved before me to be possessed of sufficient means to maintain his
wife..............................................(name) [or his child.................. ... ........
.................(name) or his father or mother...................................
...........(name), who is by reason of (state the reason) unable to maintain herself
(or himself)] and to have neglected (or refused) to do so, and an order has been
duly made requiring the said....................................... ...............( name) to allow
to his said................... .............. .............wife (or child or father or mother) for
maintenance the monthly sum of rupees ..............................................; and
whereas it has been further proved that the
said..............................................(name) in wilful disregard of the said order has
failed to pay rupees.............................................., being the amount of the
allowance for the month (or months) of..............................................;

And thereupon an order was made adjudging him to undergo imprisonment in the
said Jail for the period of..............................................;

This is to authorise and require you receive the said...................... .......


.................(name) into your custody in the said Jail, together with this warrant,
and there carry the said order into execution according to law, returning this warrant
with an endorsement certifying the manner of its execution.

Dated, this............................. day of.........................., 20 ...........

(Seal of the Court) (Signature)

————
P a g e | 358

FORM No. 20

WARRANT TO ENFORCE THE PAYMENT OF


MAINTENANCE BY ATTACHMENT AND SALE

(See section 144)

To...............................................
(name and designation of the police officer or other person to execute the warrant).

WHEREAS an order has been duly made requiring.....................................


.........(name) to allow to his said wife (or child or father or mother) for maintenance
the monthly sum of rupees.............................................., and whereas the
said..............................................(name) in wilful disregard of the said order has
failed to pay rupees................................... ..........., being the amount of the
allowance for the month (or months) of..............................................

This is to authorise and require you to attach any movable property belonging to the
said..............................................(name) which may be found within the district
of.............................................., and if within.................................
.............(state the number of days or hours allowed) next after such attachment
the said sum shall not be paid (or forthwith), to sell the movable property attached,
or so much thereof as shall be sufficient to satisfy the said sum, returning this
warrant, with an endorsement certifying what you have done under it, immediately
upon its execution.

Dated, this............................... day of...................... , 20 ..........

(Seal of the Court) (Signature)


————
P a g e | 359

FORM No. 21

ORDER FOR THE REMOVAL OF NUISANCES

(See section 152)

To.....................................................(name, description and address).

WHEREAS it has been made to appear to me that you have caused an


obstruction (or nuisance) to persons using the public roadway (or other public place)
which, etc., (describe the road or public place) .................... ..............................
by, etc.,..............................................(state what it is that causes the obstruction
or nuisance), and that such obstruction (or nuisance) still exists;
or

WHEREAS it has been made to appear to me that you are carrying on, as owner, or
manager, the trade or occupation of ..................................... (state the particular
trade or occupation and the place where it is carried on), and that the same is
injurious to the public health (or comfort) by
reason..............................................(state briefly in what manner the
injurious effects are caused), and should be suppressed or removed to different
place;
or

WHEREAS it has been made to appear to me that you are the owner (or are in
possession of or have the control over) a certain tank (or well or excavation)
adjacent to the public way .............................................. (describe the
thoroughfare), and that the safety of the public is endangered by reason of the said
tank (or well or excavation) being without a fence (or insecurely fenced);
or

WHEREAS , etc., etc., (as the case may be);

I do hereby direct and require you within.............................................. (state the


time allowed) (state what is required to be done to abate the nuisance)
............................................. or to appear at..............................................in
the ............................................. Court of.........................................on the
.....................................day
of..............................................next, and to show cause why this order should
not be enforced;

or

I do hereby direct and require you within......................................(state the time


allowed) to cease carrying on the said trade or occupation at the said place, and not
again to carry on the same, or to remove the said trade from the place where it is
now carried on, or to appear, etc.;

or
P a g e | 360

I do hereby direct and require you within.......................................(state the time


allowed) to put up a sufficient fence (state the kind of fence and the part to be
fenced); or to appear, etc.;
Or

I do hereby direct and require you, etc., etc. (as the case may be).

Dated, this............................. day of............................... , 20 ..........

(Seal of the Court) (Signature)


————
P a g e | 361

FORM No. 22

MAGISTRATE'S NOTICE AND PEREMPTORY ORDER

(See section 160)

To..............................................(name, description and address).

I HEREBY give you notice that it has been found that the order issued on the
...........................................day of..........................................requiring
you..............................................(state substantially the requisition in the order)
is reasonable and proper. Such order has been made absolute, and I hereby direct
and require you to obey the said order within (state the time allowed), on peril of
the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience thereto.

Dated, this............................. day of.......................... , 20 ...........

(Seal of the Court) (Signature)


————
P a g e | 362

FORM No. 23

INJUNCTION TO PROVIDE AGAINST


IMMINENT DANGER PENDING INQUIRY

(See section 161)

To..............................................(name, description and address).

WHEREAS the inquiry into the conditional order issued by me on the.......... .... .......
....................day of ..................................., 20..................,
is pending, and it has been made to appear to me that the nuisance mentioned in
the said order is attended with such imminent danger or injury of a serious kind to
the public as to render necessary immediate measures to prevent such danger or
injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, direct and
enjoin you forthwith to .............................................. (state plainly what is
required to be done as a temporary safeguard), pending the result of the inquiry.

Dated, this......................... day of.............................. , 20 ...........

(Seal of the Court) (Signature)

————
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FORM No. 24

MAGISTRATE'S ORDER PROHIBITING


THE REPETITION, ETC., OF A NUISANCE

(See section 162)

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that, etc. ..................... ........ (state
the proper recital, guided by Form No. 21 or Form No. 25, as the case may be);

I do hereby strictly order and enjoin you not to repeat or continue, the said
nuisance.

Dated, this............................... day of......................., 20 ............

(Seal of the Court) (Signature)


————
P a g e | 364

FORM No. 25

MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.

(See section 163)

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the
management) of ..............................................(describe clearly the property),
and that, in digging a drain on the said land, you are about to throw or place a
portion of the earth and stones dug-up upon the adjoining public road, so as to
occasion risk of obstruction to persons using the road;

or

WHEREAS it has been made to appear to me that you and a number of other persons
(mention the class of persons) are about to meet and proceed in a procession along
the public street, etc., (as the case may be) and that such procession is likely to lead
to a riot or an affray;

or

WHEREAS, etc., etc., (as the case may be);

I do hereby order you not to place or permit to be placed any of the earth or stones
dug from land on any part of the said road;

or

I do hereby prohibit the procession passing along the said street, and strictly
warn and enjoin you not to take any part in such procession (or as the case recited
may require).

Dated, this............................. day of............................. , 20 ............ .

(Seal of the Court) (Signature)


————
P a g e | 365

FORM No. 26

MAGISTRATE'S ORDER DECLARING PARTY ENTITLED


TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE

(See section 164)

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a
breach of the peace, existed between..................................... .........(describe the
parties by name and residence or residence only if the dispute be between bodies of
villagers) concerning certain................... ...........................(state concisely the
subject of dispute), situate within my local jurisdiction, all the said parties were
called upon to give in a written statement of their respective claims as to the fact of
actual possession of the said..............................................(the subject of
dispute), and being satisfied by due inquiry had thereupon, without reference to the
merits of the claim of either of the said parties to the legal right of possession, that
the claim of actual possession by the said................................ ....... .... (name or
names or description) is true; I do decide and declare that he is (or they are) in
possession of the said..............................................(the subject of dispute) and
entitled to retain such possession until ousted by due course of law, and do strictly
forbid any disturbance of his (or their) possession in the meantime.

Dated, this.................................. day of.......................... , 20.......

(Seal of the Court) (Signature)

————
P a g e | 366

FORM No. 27

WARRANT OF ATTACHMENT IN THE CASE OF A


DISPUTE AS TO THE POSSESSION OF LAND, ETC.

(See section 165)

To the officer in charge of the police station at..........................................


(or, To the Collector of..............................................).

WHEREAS it has been made to appear to me that a dispute likely to induce a breach
of the peace, existed between............................................... .... (describe the
parties concerned by name and residence, or residence only if the dispute be
between bodies of villagers) concerning certain.................. ...............
.............(state concisely the subject of dispute) situate within the limits of my
jurisdiction, and the said parties were thereupon duly called
upon to state in writing their respective claims as to the fact of actual possession of
the said...................................... ........(the subject of dispute), and whereas,
upon due inquiry into the said claims, I have decided that neither of the said parties
was in possession of the said.......... .......... ............ ..............(the subject of
dispute) (or I am unable to satisfy myself as to which of the said parties was in
possession as aforesaid);

This is to authorise and require you to attach the said................................ .


.............(the subject of dispute) by taking and keeping possession thereof, and to
hold the same under attachment until the decree or order of a competent Court
determining the rights of the parties, or the claim to possession, shall have been
obtained, and to return this warrant with an endorsement certifying the manner of
its execution.

Dated, this............................ day of........................., 20 ............ .

(Seal of the Court) (Signature)


————
P a g e | 367

FORM No. 28

MAGISTRATE'S ORDER PROHIBITING THE DOING


OF ANYTHING ON LAND OR WATER

(See section 166)

A dispute having arisen concerning the right of use of........................... (state


concisely the subject of dispute) situate within my local jurisdiction, the possession
of which land (or water) is claimed exclusively
by..............................................(describe the person or persons), and it appears
to me, on due inquiry into the same, that the said land (or water) has been open to
the enjoyment of such use by the public (or if by an individual or a class of persons,
describe him or them) and (if the use can be enjoyed throughout the year) that the
said use has been enjoyed within three months of the institution of the said inquiry
(or if the use is enjoyable only at a particular season, say, "during the last of the
seasons at which the same is capable of being enjoyed");

I do order that the said..............................................(the claimant or claimants


of possession) or any one in their interest, shall not take (or retain) possession of
the said land (or water) to the exclusion of the enjoyment of the right of use
aforesaid, until he (or they) shall obtain the decree or order of a competent Court
adjudging him (or them) to be entitled to exclusive possession.

Dated, this............................. day of......................... , 20 ............

(Seal of the Court) (Signature)

————
P a g e | 368

FORM No. 29

BOND AND BAIL-BOND ON A PRELIMINARY


INQUIRY BEFORE A POLICE OFFICER

(See section 189)

I,.........................................(name), of.............................................., being


charged with the offence of.............................................., and after inquiry
required to appear before the Magistrate of...................................

or

and after inquiry called upon to enter into my own recognizance to appear when
required, do hereby bind myself to appear at.................................., in the Court
of......................................, on the...................... ........... .. day
of..............................................next (or on such day as I may hereafter be
required to attend) to answer further to the said charge, and in case of my making
default herein. I bind myself to forfeit to Government, the sum of
rupees..............................................;

Dated, this............................ day o............................. , 20 ..........

(Seal of the Court) (Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of
us) surety (or sureties) for the above said ................................ (name) that he
shall attend at..............................................in the Court
of.............................................., on the.........................................day
of..............................................next (or on such day as he may hereafter be
required to attend), further to answer to the charge pending against him,
and, in case of his making default therein, I hereby bind myself (or we hereby bind
ourselves) to forfeit to Government the sum of rupees..............

Dated, this.......................... day of............................ , 20 ............

(Seal of the Court) (Signature)


————
P a g e | 369

FORM No. 30

BOND TO PROSECUTE OR GIVE EVIDENCE

(See section 190)

I,..............................................(name) of ................................(place), do
hereby bind myself to attend at.................................................in the Court
of..............................................at.....................................o'clock on
the..............................................day of..................................... next and then
and there to prosecute (or to prosecute and give evidence) (or to give evidence) in
the matter of a charge of................................ ........ ......against one A. B., and,
in case of making default herein, I bind myself to forfeit to Government the sum of
rupees..................

Dated, this......................... day of.......................... , 20 ............

(Signature)
————
P a g e | 370

FORM No. 31

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

(See section 229)


To, .....................................................................................................
(Name of the accused) of.........................................................(address)

WHEREAS your attendance is necessary to answer a charge of a petty


offence.....................................(state shortly the offence charged), you are
hereby required to appear in person (or by an advocate)
before...........................................(Magistrate)of...................................on
the...........................................day of..................................
20.............................................., or if you desire to plead guilty to the charge
without appearing before the Magistrate, to transmit before the aforesaid date the
plea of guilty in writing and the sum of ............................ rupees as fine, or if you
desire to appear by an advocate and to plead guilty through such an advocate, to
authorise such advocate in writing to make such a plea of guilty on your behalf and
to pay the fine through such advocate. Herein fail not.

Dated, this......................... day of.......................... , 20 ..........

(Seal of the Court) (Signature)


(Note.—The amount of fine specified in this summons shall not exceed five thousand
rupees.)
————
P a g e | 371

FORM No. 32

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

(See section 232)

The Magistrate of..............................................hereby gives notice that he has


committed one..............................................for trial at the next Sessions; and
the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of
the said case.

The charge against the accused is that,.............................................. etc. (state


the offence as in the charge)

Dated, this......................... day of.......................... , 20 ............

(Seal of the Court) (Signature)


————
P a g e | 372

FORM No. 33

CHARGES

(See sections 234, 235 and 236)

I. CHARGES WITH ONE-HEAD


(1)(a) I,..............................................(name and office of Magistrate, etc.),
hereby charge you..............................................(name of accused person) as
follows:—

(b) On section 147.—That you, on or about the..............................................day


of.............................................., at.............................................., waged war
against the Government
of India and thereby committed an offence punishable under section 147 of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and seal of the Magistrate)


[To be substituted for (b)]:—

(2)On section 151.—That you, on or about the..............................................day


of............................... ........., at.............................................., with the
intention of inducing the
President of India [or, as the case may be, the Governor of ................... ........
...................(name of State)] to refrain from exercising a lawful power as such
President (or, as the case may be, the Government) assaulted President (or, as the
case may be, the Governor), and thereby committed an offence punishable under
section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this
Court.

(3)On section 198.—That you, on or about the....................................... day


of.................................. ...., at......................................., did (or omitted to do,
as the case may be) ............................................. , such conduct being contrary
to the provisions of........................................ .Act .............................,
section.............................................., and known by you to be prejudicial
to.............................................., and thereby committed an offence punishable
under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance
of this Court.

(4)On section 229.—That you, on or about the.................................. ..day


of.............................................., at.............................................., in the
course of the trial
of.............................................before.............................................., stated in
evidence that “..............................................” which statement you either knew
or believed to be false, or did not believe to be true, and thereby committed an
offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and
within the cognizance of this Court.
P a g e | 373

(5) On section 105.—That you, on or about the............................................day


of.........................................., at......................................., committed
culpable homicide not amounting to murder, causing the death of........... ...... ... ..,
and thereby committed an offence punishable under section 105 of the Bharatiya
Nyaya Sanhita, 2023, and within
the cognizance of this Court.

(6) On section 108.—That you, on or about the................................. ... day


of.............................................., at.............................................., abetted
the commission of suicide by A.B., a person in a state of intoxication, and thereby
committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita,
2023, and within the cognizance of this Court.

(7) On section 117(2).—That you, on or about the.................................day


of..........................................., at..........................................., voluntarily
caused grievous hurt to..................................., and thereby committed an offence
punishable under section 117(2) of the Bharatiya Nyaya Sanhita, 2023, and within
the cognizance of this Court.

(8) On section 309(2).—That you, on or about the................................ .. day


of........................................., at..............................................,
robbed............................................(state the name), and thereby committed an
offence punishable under section 309(2) of the Bharatiya Nyaya Sanhita, 2023, and
within the cognizance of this Court.
(9) On section 310(2).—That you, on or about the...................................... day
of.............................................., at.............................................., committed
dacoity, an offence punishable under section 310(2) of the Bharatiya Nyaya Sanhita,
2023 and within the cognizance of this Court.

II. CHARGES WITH TWO OR MORE HEADS

(1)(a) I,..............................................(name and office of Magistrate, etc.),


hereby charge you.................................... ..........(name of accused person) as
follows:—

(b) On section 179.—First—That you, on or about


the........................................day of.............................................,
at.............................................., knowing a coin to be counterfeit,
delivered the same to another person, by name, A. B., as genuine, and thereby
committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita,
2023 and within the cognizance of the Court of Session.
Secondly—That you, on or about the...........................................................day
of.............................................., at.............................................., knowing a
coin to be counterfeit attempted to induce another person, by name, A.B., to receive
it as genuine, and thereby committed an offence punishable under section 179 of
the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of
Session.

(c) And I hereby direct that you be tried by the said Court on the said charge.
P a g e | 374

(Signature and seal of the Magistrate)

[To be substituted for (b)]:—

(2) On sections 103 and 105.—First—That you, on or about the...........................


day of............................................., at..............................................,
committed murder by causing the death of.............................................., and
thereby committed an offence punishable under section 103 of the Bharatiya Nyaya
Sanhita, 2023 and within the cognizance of the Court of
Session. Secondly—That you, on or about the......................................day
of........................................, at.............................................., by causing the
death of.............................................., committed culpable homicide not
amounting to murder, and thereby committed an offence punishable under section
105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of
Session.

(3) On sections 303(2) and 307.—First—That you, on or about


the.....................................day of................................, at......, committed
theft, and thereby committed an offence punishable under section 303(2) of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

Secondly—That you, on or about the....................................................day


of...................................., at........................................, committed theft,
having made preparation for causing death to a person in order to the committing
of such theft, and thereby committed an offence punishable under section 307 of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

Thirdly—That you, on or about the............................................................day


of.............................................., at.............................................., committed
theft, having made preparation for causing restraint to a person in order to the
effecting of your escape after the committing of such theft, and thereby committed
an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and
within the cognizance of the Court of Session.

Fourthly—That you, on or about the............................................................ day


of.............................................., at.............................................., committed
theft, having made preparation for causing fear of hurt to a person in order to the
restraining of property taken by such theft and thereby committed an offence
punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of the Court of Session.

(4) Alternative charge on section 229.—That you, on or about


the.........................
day of......................................., at......................................., in the course of
the inquiry into..............................................,
before......................................................., stated in evidence that
P a g e | 375

‘‘..............................................’’, and that you, on or about


the..............................................day of..........................................,
at............................................................, in the course of the trial of,
....................................... before, stated in the evidence that
‘‘..............................................’’, one of which statements you either knew or
believed to be false, did not believe to be true, and thereby committed an offence
punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of the Court of Session.

(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the
cognizance of the Court of Session’’.)

III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION


I,..................................................(name and office of Magistrate, etc.) hereby
charge you..............................................(name of accused person) as follows:—

That you, on or about the..............................................day


of.............................................., at.............................................., committed
theft, and thereby committed an offence punishable under section 303(2) of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session
(or Magistrate, as the case may be).

And you, the said ................................................................(name of accused),


stand further charged that you, before the committing of the said offence, that is to
say, on the...................................................... day
of.............................................., had been convicted by
the..................................................(state Court by which conviction was had)
at..............................................of an offence punishable under Chapter XVII of
the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that
is to say, the offence of house-breaking by
night..............................................(describe the offence in the words used in the
section under which the accused was convicted), which conviction is still in full force
and effect, and that you are thereby liable to enhanced punishment under section
13 of the Bharatiya Nyaya Sanhita, 2023.

And you, the said ................................................................(name of accused),


stand further charged that you, before the committing of the said offence, that is to
say, on the...................................................... day
of.............................................., had been convicted by
the..................................................(state Court by which conviction was had)
at..............................................of an offence punishable under Chapter XVII of
the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that
is to say, the offence of house-breaking by
night..............................................(describe the offence in the words used in the
section under which the accused was convicted), which conviction is still in full force
and effect, and that you are thereby liable to enhanced punishment under section
13 of the Bharatiya Nyaya Sanhita, 2023.

And I hereby direct that you be tried, etc.

————
P a g e | 376

FORM No. 34

SUMMONS TO WITNESS

(See sections 63 and 267)

To....................................................of..............................................

WHEREAS complaint has been made before me


that......................................(name of the accused) of .......................
.................(address) has (or is suspected to have) committed the offence
of..............................................(state the offence concisely with time and place),
and it appears to me that you are likely to give material evidence or to produce any
document or other thing for the prosecution.

You are hereby summoned to appear before this Court on the...........................


day of..............................................next at ten o'clock in the forenoon, to
produce such document or thing or to testify what you know concerning the matter
of the said complaint, and not to depart thence without leave of the Court; and you
are hereby warned that, if you shall without just excuse neglect or refuse to appear
on the said date, a warrant will be issued to compel your attendance.

Dated, this............................. day of........................... , 20 ..............

(Seal of the Court) (Signature)


————
P a g e | 377

FORM No. 35

WARRANT OF COMMITMENT ON A SENTENCE OF


IMPRISONMENT ORFINE IF PASSED BY A COURT

(See sections 258, 271 and 278)

To the Officer in charge of Jail at..............................................

WHEREAS on the..............................................day of ..........................,


..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the
case may be) prisoner in case No. ..............................................of the Calendar
for 20 ..........., was convicted before me........................ .... ...........(name and
official designation) of the offence of...................... ........... ..............(mention the
offence or offences concisely) under section (or sections)
.............................................. of the Bharatiya Nyaya Sanhita, 2023 (or
of..............................................Act ...........), and was sentenced
to..............................................(state the punishment fully and distinctly).

This is to authorise and require you to receive the said...............................


(prisoner's name) into your custody in the said Jail, together with this warrant, and
thereby carry the aforesaid sentence into execution according to law.

Dated, this.......................... day of............................. , 20 .........

(Seal of the Court) (Signature)


————
P a g e | 378

FORM No. 36

WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION

(See section 273)

To the Officer in charge of Jail at..............................................

WHEREAS..............................................(name and description) has brought


against..............................................(name and description of the accused
person) the complaint that.............................................. (mention it concisely)
and the same has been dismissed on the ground that there was no reasonable
ground for making the accusation against the
said..............................................( name) and the order of dismissal awards
payment by the said..............................................(name of complainant) of the
sum of rupees..............................................as compensation; and whereas the
said sum has not been paid and an order has been made for his simple imprisonment
in Jail for the period of..............................................days, unless the aforesaid
sum be sooner paid;

This is to authorise and require you to receive the said....................... ...........


...(name) into your custody, together with this warrant, and him safely to keep in
the said Jail for the said period of ................................
.......................................(term of imprisonment),subject to the provisions of
section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner
paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant
with an endorsement certifying the manner of its execution.

Dated, this.......................... day of............................. , 20 ..........

(Seal of the Court) (Signature)

————
P a g e | 379

FORM No. 37

ORDER REQUIRING PRODUCTION IN COURT OF PERSON


IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE

(See section 302)

To the Officer in charge of Jail at....................................................

WHEREAS the attendance of..............................................(name of prisoner) at


present confined/detained in the above-mentioned prison, is required in this Court
to answer to a charge of................................... ... (state shortly the offence
charged) or for the purpose of a proceeding........ .....................................(state
shortly the particulars of the proceeding).

You are hereby required to produce the said......................................... ..... under


safe and sure conduct before this Court at............................... ...............on
the..............................................day of.............., 20......... ,
by..............................................A. M. there to answer to the said charge, or for
the purpose of the said proceeding, and after this Court has dispensed with his
further attendance, cause him to be conveyed under safe and sure conduct back to
the said prison.

And you are further required to inform the said....................................... of the


contents of this order and deliver to him the attached copy thereof.

Dated, this.............................. day of.........................., 20 ..........

(Seal of the Court) (Signature)


Countersigned.

(Seal) (Signature)

————
P a g e | 380

FORM No. 38

ORDER REQUIRING PRODUCTION IN COURT OF PERSON


IN PRISON FOR GIVING EVIDENCE

(See section 302)

To the Officer in charge of the Jail at..............................................

WHEREAS complaint has been made before this Court that.........................


(name of the accused) of has committed the offence of........................... (state
offence concisely with time and place) and it appears that..............
...........................(name of prisoner) at present confined/detained in the above-
mentioned prison, is likely to give material evidence for the prosecution/defence.

You are hereby required to produce the said...................................under safe and


sure conduct before this Court at..........................................on
the......................................day of...................................................,
20............, by A. M. there to give evidence in the matter now pending before this
Court, and after this Court has dispensed with his further attendance, cause him to
be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said...................................... of the


contents of this order and deliver to him the attached copy thereof.

Dated, this........................... day of........................... , 20 ............

(Seal of the Court) (Signature)


Countersigned.

(Seal) (Signature)
————
P a g e | 381

FORM No. 39

WARRANT OF COMMITMENT IN CERTAIN CASES OF


CONTEMPT WHEN A FINE IS IMPOSED

(See section 384)

To the Officer in charge of the Jail at....................................................

WHEREAS at a Court held before me on this day.................................... .. (name


and description of the offender) in the presence (or view) of the Court committed
wilful contempt.

And whereas for such contempt the said...................................... .... .. (name of


the offender) has been adjudged by the Court to pay a fine of
rupees.............................................., or in default to suffer simple imprisonment
for the period of..............................................(state the number of months or
days).

This is to authorise and require you to receive the said............................. (name


of the offender) into your custody, together with this warrant, and him safely to keep
in the said Jail for the said period of............................. .................(term of
imprisonment), unless the said fine be sooner paid; and, on the receipt thereof,
forthwith to set him at liberty, returning this warrant with an endorsement certifying
the manner of its execution.

Dated, this.......................... day of......................... , 20 ..........

(Seal of the Court) (Signature)

————
P a g e | 382

FORM No. 40

MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF


WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT

(See section 388)

To...........................(name and designation of officer of Court)

WHEREAS..............................................(name and description), being


summoned (or brought before this Court) as a witness and this day required to give
evidence on an inquiry into an alleged offence, refused to answer a certain question
(or certain questions) put to him touching the said alleged offence, and duly
recorded, or having been called upon to produce any document has refused to
produce such document, without alleging any just excuse for such refusal, and for
his refusal has been ordered to be detained in custody
for..............................................(term of detention adjudged);

This is to authorise and require you to take the said................................ (name)


into custody, and him safely to keep in your custody for the period
of..............................................days, unless in the meantime he shall consent to
be examined and to answer the questions asked of him, or to produce the document
called for from him, and on the last of the said days, or forthwith on such consent
being known, to bring him before this Court to be dealt with according to law,
returning this warrant with an endorsement
certifying the manner of its execution.

Dated, this.............................day of............................, 20 ..........

(Seal of the Court) (Signature)

————
P a g e | 383

FORM No. 41
WARRANT OF COMMITMENT UNDER SENTENCE OF
DEATH
(See section 407)
To the Officer in charge of the Jail at..............................................

WHEREAS at the session held before me on the ........................


day of.............................................., 20.................,
........................................................ (name of prisoner), the (1st,
2nd, 3rd, as the case may be), prisoner in case No. of the Calendar
for 20................. at the said Session, was duly convicted of the
offence of culpable homicide amounting to murder under section………
of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death,
subject to the confirmation of the said sentence by
the.................................Court of..........................................

This is to authorise and require you to receive the


said........................................................ (prisoner's name) into your
custody in the said Jail, together with this warrant, and him there safely
to keep until you shall receive the further warrant or order of this Court,
carrying into effect the order of the said…….Court.

Dated, this........................ day of..................................... , 20 ..........

(Seal of the Court) (Signature)


————
P a g e | 384

FORM No. 42
WARRANT AFTER A COMMUTATION OF A SENTENCE
(See sections 427, 453 and 456)

To the Officer in charge of the Jail at..............................................

WHEREAS at a Session held on the...........................day of


................................, 20.........., ......................................................
(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner
in case No. ................... of the Calendar for 20.........., at the said
Session, was convicted of the offence of
....................................................................................., punishable
under section..........................................of the Bharatiya Nyaya
Sanhita, 2023, and was sentenced to
...................................................... and thereupon committed to
your custody; and whereas by the order of the
.................................. Court of order of the………… (a duplicate of
which is hereunto annexed) the punishment adjudged by the said
sentence has been commuted to the punishment of imprisonment for
life;

This is to authorise and require you safely to keep the


said.............................................. (prisoner's name) in your custody
in the said Jail, as by law is required, until he shall be delivered over by
you to the proper authority and custody for the purpose of his undergoing
the punishment of imprisonment for life under the said order,

or

if the mitigated sentence is one of imprisonment, say, after the words


"custody in the said Jail", "and there to carry into execution the
punishment of imprisonment under the said order according to law".

Dated, this......................... day of.................................... , 20..........

(Seal of the Court) (Signature)


————
P a g e | 385

FORM No. 43
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
(See sections 453 and 454)

To the Officer in charge of the Jail at..............................................

WHEREAS .......................................................... (name of the


prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No.
...................... of the Calendar for 20............. at the Session held
before me on the.......................day of .................................,
20..........., has been by a warrant of the Court, dated the....................
day of..........................., committed to your custody under sentence of
death;……… and whereas the order of the High Court at
................................ confirming the said sentence has been received
by this Court.

This is to authorise and require you to carry the said sentence


into execution by causing the said
......................................................... to be hanged by the neck until
he be dead, at .................................... (time and place of execution),
and to return this warrant to the Court with an endorsement certifying
that the sentence has been executed.

Dated, this........................... day of............................... , 20.............

(Seal of the Court) (Signature)


————
P a g e | 386

FORM No. 44
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
(See section 461)

To................................ (name and designation of the police officer or other


person or persons who is or are to execute the warrant).

WHEREAS.............................................. (name and description of


the offender) was on the.............................day
of........................................, 20..........., convicted before me of the
offence of.......................................................................................
(mention the offence concisely), and sentenced to pay a fine of
rupees..............................................; and whereas the
said. ......................................... (name), although required to pay the
said fine, has not paid the same or any part thereof;

This is to authorise and require you to attach any movable property


belonging to the said .............................................. (name), which
may be found within the district of..............................................; and,
if within ....................... (state the number of days or hours allowed) next
after such attachment the said sum shall not be paid (or forthwith), to sell
the movable property attached, or so much thereof as shall be sufficient
to satisfy the said fine, returning this warrant, with an endorsement
certifying what you have done under it, immediately upon its execution.

Dated, this........................ day of..................................... , 20...........

(Seal of the Court) (Signature)


————
P a g e | 387

FORM No. 45

WARRANT FOR RECOVERY OF FINE

(See section 461)

To the Collector of the district of..............................................

WHEREAS............................. (name, address and description of the


offender) was on the ......................day of.........................., 20….,
convicted before me of the offence of ..............................................
(mention the offence concisely), and sentenced to pay a fine of
rupees..............................................; and

WHEREAS the said.............................................. (name), although


require to pay the said fine, has not paid the same or any part of thereof;

You are hereby authorised and requested to realise the amount of


the said fine as arrears of land revenue from the movable or immovable
property, or both, of the said .............................................. (name)
and to certify without delay what you have done in pursuance of this
order.

Dated, this.......................... day of.................................... , 20..........

(Seal of the Court) (Signature)


————
P a g e | 388

FORM No. 46
BOND FOR APPEARANCE OF OFFENDER RELEASED
PENDING REALISATION OF FINE
[See section 464 (1) (b)]

WHEREAS I,..............................................(name) inhabitant


of.............................................. (place), have been sentenced to pay a
fine of rupees ..............................................and in default of payment
thereof to undergo imprisonment for………..; and whereas the Court has
been pleased to order my release on condition of my executing a bond
for my appearance on the following date (or dates), namely:—

I hereby bind myself to appear before the Court of


.............................................. at .............o'clock on the following
date (or dates), namely:—

and, in case of making default herein, I bind myself to forfeit to


Government the sum of rupees..............................................

Dated, this......................... day of..................................... , 20..........

(Seal of the Court) (Signature)

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—

We do hereby declare ourselves sureties for the above-named that


he will appear before the Court of .... …on the following date (or dates),
namely:—

And, in case of his making default therein, we bind ourselves jointly


and severally to forfeit to Government the sum of
rupees...............................................

(Signature)
————
P a g e | 389

FORM No. 47
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE
OFFICER IN CHARGE OF POLICE STATION OR COURT

[See sections 478, 479, 480, 481, 482(3) and 485]

I,............................................(name), of .........................................
(place), having been arrested or detained without warrant by the Officer in
charge of ......................................... police station (or having been
brought before the Court of .............................................), charged
with the offence of .........................................................., and required
to give security for my attendance before such Officer of Court on
condition that I shall attend such Officer or Court on every day on which
any investigation or trial is held with regard to such charge, and in case
of my making default herein, I bind myself to forfeit to Government the sum
of rupees.........................................................

Dated, this.......................... day of................................... , 20...........

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves


and each of us) surety (or sureties) for the above said………. (name) that
he shall attend the Officer in charge of
.............................................. police station or the Court of
.............................................. on every day on which any
investigation into the charge is made or any trial on such charge is held,
that he shall be, and appear, before such Officer or Court for the purpose
of such investigation or to answer the charge against him (as the case
may be), and, in case of his making default herein, I hereby bind myself
(or we, hereby bind ourselves) to forfeit to Government the sum of
rupees...........................................

Dated, this............................ day of................................. , 20 ..........

(Signature)
————
P a g e | 390

FORM No. 48
WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
(See section 487)
To the Officer in charge of the Jail at..............................................
(or other officer in whose custody the person is)

WHEREAS ..............................................(name and description of


prisoner) was committed to your custody under warrant of this Court,
dated the ..................... day of ..................................., and has
since with his surety (or sureties) duly executed a bond under section
485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

This is to authorise and require you forthwith to discharge the


said..................................................... (name) from your custody,
unless he is liable to be detained for some other matter.

Dated, this......................... day of.................................. , 20.............

(Seal of the Court) (Signature)


————
P a g e | 391

FORM No. 49
WARRANT OF ATTACHMENT TO ENFORCE A BOND
(See section 491)
To the Police Officer in charge of the police station
at..............................................

WHEREAS .............................................. (name, description and


address of person) has failed to appear on
...................................(mention the occasion) pursuant to his
recognizance, and has by default forfeited to Government the sum
of rupees..............................................(the penalty in the
bond); and whereas the said ..............................................
................................................ (name of person) has, on due notice
to him, failed to pay the said sum or show any sufficient cause why
payment should not be enforced against him;

This is to authorise and require you to attach any movable


property of the said ..............................................(name) that you
may find within the district of .................................., by seizure and
detention, and, if the said amount be not paid
within.............................., days to sell the property so attached or so
much of it as may be sufficient to realise the amount aforesaid, and to
make return of what you have done under this warrant immediately upon
its execution.

Dated, this........................ day of................................... , 20.............

(Seal of the Court) (Signature)


————
P a g e | 392

FORM No. 50
NOTICE TO SURETY ON BREACH OF A BOND
(See section 491)

To .............................................. of ..............................................

WHEREAS on the...........................day of
...................................., 20..............., you became surety for
............................................... (name) of ..................................
(place) that he should appear before this Court on
the.............................day of..................................... and bound
yourself in default thereof to forfeit the sum of rupees
.............................................. to Government; and whereas the
said .............................................. (name) has failed to appear before
this Court and by reason of such default you have forfeited the aforesaid
sum of rupees.

You are hereby required to pay the said penalty or show cause,
within ....................... days from this date, why payment of the said
sum should not be enforced against you.

Dated, this......................... day of.................................. , 20.............

(Seal of the Court) (Signature)


————
P a g e | 393

FORM No. 51
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 491)

To.............................................. of..............................................

WHEREAS on the..............................................day of
............................, 20..........., you became surety by a bond for
..............................................(name) of .........................................
(place) that he would be of good behaviour for the period of
.........................................and bound yourself in default thereof to
forfeit the sum of rupees ................................................................ to
Government; and whereas the said ..............................................
(name) has been convicted of the offence of
............................................................................. (mention the
offence concisely) committed since you became such surety, whereby
your security bond has become forfeited;

You are hereby required to pay the said penalty of rupees


................................................................ or to show cause within
....................... days why it should not be paid.

Dated, this............................... day of.............................. , 20..........

(Seal of the Court) (Signature)


————
P a g e | 394

FORM No. 52
WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 491)

To..............................................of..............................................

WHEREAS .......................................................... (name, description


and address) has bound himself as surety for the appearance of……..
(mention the condition of the bond) and the said
.......................................................... (name) has made default, and
thereby forfeited to Government the sum of
rupees...................................................... (the penalty in the bond);

This is to authorise and require you to attach any movable property


of the said ..............................................(name) which you may find
within………………the district of .............................................., by
seizure and detention; and, if the said amount be not paid within days,
to sell the property so attached, or so much of it as may be sufficient to
realise the amount aforesaid, and make return of what you have done
under this warrant immediately upon its execution.

Dated, this................................ day of.......................... , 20.............

(Seal of the Court) (Signature)


————
P a g e | 395

FORM No. 53
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON
ADMITTED TO BAIL
(See section 491)
To the Superintendent (or Keeper) of the Civil Jail
at..............................................
WHEREAS .................................................................. (name and
description of surety) has bound himself as a surety for the appearance
of....................................... (state the condition of the bond) and the
said .................................................................. (name) has therein
made default whereby the penalty mentioned in the said bond has been
forfeited to Government; and whereas the said
.................................................................. (name of surety) has, on
due notice to him, failed to pay the said sum or show any sufficient cause
why payment should not be enforced against him, and the same cannot
be recovered by attachment and sale of his movable property, and an
order has been made for his imprisonment in the Civil Jail
for........................................... (Specify the period);

This is to authorise and require you, the said Superintendent (or Keeper)
to receive the said................................................................. (name)
into your custody with the warrant and to keep him safely in the said Jail
for the said.......................................... (term of imprisonment), and to
return this warrant with an endorsement certifying the manner of its
execution.

Dated, this........................... day of................................ , 20.............

(Seal of the Court) (Signature)


————
P a g e | 396

FORM No. 54
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND
TO KEEP THE PEACE
(See section 491)

To................................... (name, description and address)

WHEREAS on the.............................day of.....................................,


20..............., you entered into a bond not to commit, etc.,…………. (as in
the bond), and proof of the forfeiture of the same has been given before
me and duly recorded;
You are hereby called upon to pay the said penalty of
rupees.............................................................. or to show cause
before me within.................... days why payment of the same
should not be enforced against you.

Dated, this............................ day of................................... , 20.............

(Seal of the Court) (Signature)


————
P a g e | 397

FORM No. 55
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL
ON BREACH OF A BOND TO KEEP THE PEACE

(See section 491)

To...............(name and designation of police officer), at the police


station of..............................................

WHEREAS..............................................( name
and description) did, on the....................................day
of........................................., 20.................., enter into a
bond for the sum of rupees. ................................... binding
himself not to commit a breach of the peace, etc., (as in the
bond), and proof of the forfeiture of the said bond has been
given before me and duly recorded; and whereas notice
has been given to the said
.............................................. (name) calling upon
him to show cause why the said sum should not be paid, and
he has failed to do so or to pay the said sum;

This is to authorise and require you to attach by seizure


movable property belonging to the
said..............................................(name) to the value of
rupees. ......................................................... , which
you may find within the district of. .................. , and, if
the said sum be not paid within. ..................... , to sell the
property so attached, or so much of it as may be sufficient to
realise the same; and to make return of what you have done
under this warrant immediately upon its execution.

Dated, this....................... day of..................... , 20...........

(Seal of the Court) (Signature)


————
P a g e | 398

FORM No. 56
WARRANT OF IMPRISONMENT ON BREACH OF A BOND
TO KEEP THE PEACE
(See section 491)
To the Superintendent (or Keeper) of the Civil Jail
at..............................................
WHEREAS proof has been given before me and duly recorded
that........................................................... (name and description)
has committed a breach of the bond entered into by him to keep the
peace, whereby he has forfeited to Government the sum of
rupees.............................................; and whereas the
said........................................................... (name) has failed to pay
the said sum or to show cause why the said sum should not be paid,
although duly called upon to do so, and payment thereof cannot be
enforced by attachment of his movable property, and an order has been
made for the imprisonment of the
said......................................................... (name) in the Civil Jail of
the period of..................................... (term of imprisonment);
This is to authorise and require you, the said Superintendent (or
Keeper) of the said Civil Jail to receive the
said......................................................... (name) into your
custody, together with this warrant, and to keep his safely in the
said Jail for the said period of .........................................(term of
imprisonment), and to return this warrant with an endorsement
certifying the manner of its execution.

Dated, this......................... day of...................................., 20 .......... .

(Seal of the Court) (Signature)


————
P a g e | 399

FORM No. 57
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND
FOR GOOD BEHAVIOUR
(See section 491)

To the Police Officer in charge of the police station


at..............................................
WHEREAS ..............................................(name, description and
address) did, on the..............................................day of
.............................................., 20………….., give security by bond in
the sum of rupees................... for the good behaviour
of .............................................. (name, etc., of the principal), and
proof has been given before me and duly recorded of the commission by
the said.............................................. (name) of the offence of
whereby the said bond has been forfeited; and whereas notice has been
given to the said. (name) calling upon him to show cause why the said
sum should not be paid, and he has failed to do so to pay the said sum;

This is to authorise and require you to attach by seizure movable


property belonging to the said..............................................(name)
to the value of rupees……………. which you may find within the district
of……. , and, if the said sum be not paid
within........................................, to sell the property so attached, or so
much of it as may be sufficient to realise the same, and to make return
of what you have done under this warrant immediately upon its
execution.

Dated, this.................................. day of.................................. , 20 ...........

(Seal of the Court) (Signature)


————
P a g e | 400

FORM No.58
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD
BEHAVIOUR
(See section 491)

To the Superintendent (or Keeper) of the Civil Jail


at..............................................

WHEREAS..............................................(name, description
and address) did, on the .............................................. day
of.............................................., 20……, give security by bond in the
sum of rupees........................for the good behaviour of ……….(name,
etc., of the principal), and proof of the breach of the said bond has
been given before me and duly recorded, whereby the said
.............................................. (name) has forfeited to
Government the sum of rupees........................ , and whereas he
has failed to pay the said sum or to show cause why the said sum
should not be paid although duly called upon to do so, and payment
thereof cannot be enforced by attachment of his movable property,
and an order has been made for the imprisonment of the said
.............................................. (name) in the Civil Jail for the period
of.............................................. (term of imprisonment);

This is to authorise and require you, the Superintendent…………….


(or Keeper), to receive the
said..............................................(name) into your custody,
together with this warrant, and to keep him safely in the said Jail for
the said period of .............................................. (term of
imprisonment), returning this warrant with an endorsement
certifying the manner of its execution.
Dated, this....................... day of................................, 20 ...... .

(Seal of the Court) (Signature)


————

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