AN ACT TO REGULATE THE PROCEDURE OF THE CRIMINAL COURTS. Act Nos,. 15 of 24 of 36 of 68 of 52 of viding a new sub-section 4A of Section 29 of the Code in order to avvid the delay ? 4. Public Prosecutor: Explanation to provide to Section 24(6). Do you agree. Report of the Law Commission of India on the “Code of Crimi- permission under section of the Criminal Procedure Code to the.
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(1) This Act may be called the Code of Criminal Procedure, (2) It extends to the whole of India except the State of Jammu and. Kashmir: Provided that the. Cr.P.C. The Code of Criminal Procedure, (Extracts). Act No V of CONTENTS. CHAPTER 1. 1. Short title. Commencement. 4. Definitions. CAP. LAWS OF KENYA. CRIMINAL PROCEDURE CODE. CHAPTER Revised Edition . Published by the National Council for Law Reporting.
Opening of the Case: Under the Code the nature of the procedure of trial of these two courts are different. Unlike in the Magistrate Court there are formal opening, argument and closing of every case in Session Court. Section 15 Where no provisions of the present Code is specifically applicable to any procedural act, the provisions of the Civil Procedure Code shall apply to the extent possible. Words in charge taken in sense of law under which offence is punishable. Here under this provision it is merely said that the Magistrate shall hear the complainant. It is open to revision and the superior court has to be satisfied that what was thought to be an admission was really so and for that purpose the must be recorded in own words of the accused.
Assistance in relation to orders of attachment or forfeiture of property. Provided that if the person affected and in a case where the person affected holds any property specified in the notice through any other person such other person also does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.
The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.
On examining any record under section or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section of Sub-Section 4 of section or into the case of any person accused of an offence who has been discharged:.
Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. Explanation — All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this Sub-Section and of section The powers of revision conferred by Sub-Section 1 shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. CrPC Section of the Criminal Procedure Code December 16, A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of Sub-Section 1 do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
Any Court making a reference to the High Court under Sub-Section 1 or Sub-Section 2 may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the case provided for in section , section , Sub-Section 4 of section or Chapter XXX:. Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits.
Form of warrant of arrest Continuance of warrant of arrest. Court may direct security to be taken. Recognizance to be forwarded.
Warrants to whom directed. Warrants to several persons. Warrant may be directed to landholders, etc. Warrant directed to police-officer. Notification of substance of warrant. Person arrested to be brought before Court without delay. Where warrant may be executed.
Warrant forwarded for execution outside jurisdiction. Warrant directed to police-officer for execution outside jurisdiction. Procedure on arrest of person against whom warrant issued. Procedure by Magistrate before whom person arrested is brought. Proclamation for person absconding. Attachment of property of person absconding. Restoration of attached property.
Issue of warrant in lieu of, or in addition to, summons. Power to take bond for appearance. Arrest by breach of bond for appearance. Provisions of this Chapter generally applicable to summonses and warrants of arrest. Sending of summons for service outside Bangladesh.
Sending of warrants for execution outside Bangladesh. Service and execution in Bangladesh of processes received from outside Bangladesh. Summons to produce document or other thing. Procedure as to letters and telegrams. When search-warrant may be issued. Power to restrict warrant. Search of house. Disposal of things found in search beyond jurisdiction.
Power to declare certain publications forfeited and to issue search warrants for the same. Application to High Court Division to set aside order of forfeiture. Hearing by Special Bench. Order of Special Bench setting aside forfeiture. Evidence to prove nature or tendency of newspapers. Procedure in High Court Division.
Jurisdiction barred. Search for persons wrongfully confined. Direction, etc. Persons in charge of closed place to allow search. Search to be made in presence of witnesses. Occupant of place searched may attend.
Power to impound document, etc. Magistrate may direct search in his presence. Security for keeping the peach on conviction. Security for keeping the peace in other cases. Procedure of Magistrate not empowered to act under sub-section 1. Security for good behaviour from persons disseminating seditious matter. Security for good behaviour from vagrants and suspected persons.
Security for good behaviour from habitual offenders. Order to be made. Procedure in respect of person present in Court. Summons or warrant in case of person not so present. Copy of order under section to accompany summons or warrant. Power to dispense with personal attendance. Inquiry as to truth of information. Order to give security. Discharge of person informed against. Commencement of period for which security is required.
Contents of bond. Power to reject sureties. Imprisonment in default of security. Kind of imprisonment. Power to release persons imprisoned for failing to give security.
Power of District Magistrate to cancel any bond for keeping the peach or good behaviour. Discharge of sureties. Security for unexpired period of bond.
Assembly to disperse on command of Magistrate or police officer. Use of civil force to disperse. Use of military force. Duty of officer commanding troops required by Magistrate to disperse assembly. Power of commissioned military officers to disperse assembly.
Protection against prosecution for acts done under this Chapter. Conditional order for removal of nuisance. Service or notification of order. Person to whom order is addressed to obey or show cause or claim jury. Consequence of his failing to do so. Procedure where he appears to show cause. Procedure where existence of public right is denied. Procedure on order being made absolute Consequences of disobedience to order.
Injunction pending inquiry. Magistrate may prohibit repetition or continuance of public nuisance. Power to issue order. Procedure where dispute concerning land, etc. Inquiry as to possession. Party in possession to retain possession until legally evicted. Power to attach subject of dispute.
Disputes concerning rights of use of immovable property, etc. Local inquiry. Order as to costs. Police to prevent cognizable offences. Information of design to commit such offences. Arrest to prevent such offences. Prevention of injury to public property. Inspection of weights and measures. Information in cognizable cases. Information in non-cognizable cases.
Investigation into non-cognizable cases. Investigation into cognizable cases.
Procedure where cognizable offence suspected. Where local investigation dispensed with. Where police-officer in charge sees no sufficient ground for investigation. Reports under section how submitted. Power to hold investigation or preliminary inquiry. Police-officer's power to require attendance of witnesses. Examination of witnesses by police. Statements to police not to be signed; use of such statements in evidence. No inducement to be offered. Power to record statements and confessions.
Search by police-officer. When officer-in-charge of police station may require another to issue search-warrant. Procedure when investigation cannot be completed in twenty-four hours. Report of investigation by subordinate police-officer. Release of accused when evidence deficient. Case to be sent to Magistrate when evidence is sufficient. Complainants and witnesses not to be required to accompany Police-Officer.
Complainants and witnesses not to be subjected to restraint. Recusant complainant or witness may be forwarded in custody. Diary of proceedings in investigation. Report of police-officer. Police to inquire and report on suicide, etc.
Power to summon persons. Inquiry by Magistrate into cause of death. Power to disinter corpses. Ordinary place of inquiry and trial.
Power to order cases to be tried in different sessions divisions. Accused triable in district where act is done or where consequence ensues. Place of trial where act is offence by reason of relation to other offence.
Being a thug or belonging to a gang of dacoits, escape from custody, etc. Criminal misappropriation and criminal breach of trust. Kidnapping and abduction. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts. Offence committed on a journey. High Court Division to decide, in case of doubt, district where inquiry or trial shall take place. Power to issue summons or warrant for offence committed beyond local jurisdiction.
Magistrate's procedure on arrest. Procedure where warrant issued by subordinate Magistrate. Liability for offences committed outside Bangladesh. Political Agents to certify fitness of inquiry into charge. Power to direct copies of depositions and exhibits to be received in evidence. Cognizance of offences by Magistrates. Transfer of cases by Magistrates.
Cognizance offences by Courts of Session. Prosecution for contempt of lawful authority of public servants. Prosecution for certain offences against public justice.
Prosecution for certain offences relating to documents given in evidence. Prosecution for offences against the State. Prosecution for certain classes of criminal conspiracy. Preliminary inquiry in certain cases. Prosecution of Judges and public servants. Power of Government as to prosecution. Prosecution for breach of contract, defamation and offences against marriage. Prosecution for adultery or enticing a married woman.
Objection by lawful guardian to compliant by person other than person aggrieved. Form of authorization under second proviso to section or Examination of complainant. Procedure by Magistrate not competent to take cognizance of the case. Postponement for issue of process. Dismissal of complaint. Issue of process. Magistrate may dispense with personal attendance of accused.
Transfer of case of Court of Session when offence is trial exclusively by it. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. Charge to state offence. Specific name of offence sufficient description. How stated where offence has no specific name.
What implied in charge. Language of charge. Previous conviction when to be set out.
Particulars as to time, place and person. When manner of committing offence must be stated. Words in charge taken in sense of law under which offence is punishable. Effect of errors. Court may alter charge. When trial may proceed immediately after alteration. When new trial may be directed, or trial suspended. Stay of proceedings if prosecution of offence in altered charge require previous sanction.
Recall of witnesses when charge altered. Effect of material error. Separate charges for distinct offences. Three offences of same kind within year may be charged together. Trial for more than one offence. Offence falling within two definitions. Acts constituting one offence, but constituting when combined a different offence.
Where it is doubtful what offence has been committed. When a person is charged with one offence, he can be convicted of another. When offence proved included in offence charged. What persons may be charged jointly.
Withdrawal of remaining charges on conviction on one of several charges. Procedure in cases. When accused shall be discharged. Charge to be framed. Conviction on admission of truth of accusation. Procedure when no such admission is made. Non-appearance of complainant. Withdrawal of complaint. Power to stop proceedings when no complainant. False, frivolous or vexatious accusations.
Power to try summarily. Power to invest Bench of Magistrates invested with less power. Limit of imprisonment. Record in cases where is no appeal. Record in appealable cases. Language of record and judgment. Bench may be authorised to employ clerk. Trial to be conducted by Public Prosecutor. Opening case for prosecution. Framing charge. Conviction of plea of guilty. Date for prosecution evidence. Evidence of prosecution. Entering upon defence. Judgment of acquittal or conviction. Previous conviction.
Tender of pardon to accomplice. Power to direct tender of pardon. Procedure in trial of person under section Trial in absentia. Time for disposal of cases. Right of person against whom proceedings are instituted to be defended and his competency to be a witness. Procedure where accused does not understand proceedings. Power to examine the accused. No influence to be used to induce disclosures. Power to postpone or adjourn proceedings. Provided that no Magistrate shall remand an.
Reasonable cause for remand. Compounding offences. Procedure when, higher punishment should be inflicted on accused.
Trial of persons previously convicted of offences against coinage, stamp-law or property. Procedure when Magistrate cannot pass sentence sufficiently severe. Conviction on evidence partly recorded by one Sessions Judge, etc.
Changes in constitution of Benches. Detention of offenders attending Court. Courts to be open. Evidence to be taken in presence of accused. Manner of recording evidence. Record in other cases. Evidence given in English. Memorandum when evidence not taken down by the Magistrate or Judge himself. Language of record of evidence. Option to Magistrate in cases under section Mode of recording evidence under section or section Procedure in regard to such evidence when completed.
Interpretation of evidence to accused or his pleader. Remarks respecting demeanor of witness. Examination of accused how recorded. Record of evidence in High Court Division. Mode of delivering judgment.
Language of judgment Contents of judgment. Judgment in alternative.
Sentence of death. Sentence of transportation. Court not to alter judgment. Copy of judgment, etc. Case of person sentenced to death. Judgment when to be translated. Court of Session to send copy of finding and sentence to District Magistrate. Sentence of death to be submitted by Court of Session.
Power to direct further inquiry to be made or additional evidence to be taken. Power of High Court Division to confirm sentence or annul conviction. Confirmation of new sentence to be signed by two Judges. Procedure in case of difference of opinion.
Procedure in cases submitted to High Court Division for confirmation. Execution of order passed under section Postponement of capital sentence on pregnant woman. Execution of sentence of transportation or imprisonment in other cases. Direction of warrant for execution. Warrant with whom to be lodged. Warrant for levy of fine. Effect of such warrant. Suspension of execution of sentence of imprisonment.