INDIAN:The Code of Criminal Procedure, 1973 (CrPc)

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CONTENTS

Particulars
1. Short title, extent and commencement
(1) This Act may be called the Code of Criminal Procedure, 1973.

(2) It extends to the whole of India except the State of Jammu and Kashmir:

Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-

(a) to the State of Nagaland,

(b) to the tribal areas,

but the concerned State Government may , by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Explanation.- In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

(3) It shall come into force on the 1st day of April, 1974.

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2. Definitions.
In this Code, unless the context otherwise requires, -

(a) Bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force: and "non-bailable offence" means any other offence.

(b) "Charge" includes any head of charge when the charge contains more heads than one:

(c) "Cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under and other law for the time being in force, arrest without warrant.

(d) "Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation.A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed a complaints and the police officer by whom such report is made shall be deemed to be the complainant;

(e) "High Court" means, -

(i) In relation to any State, the High Court for that State;

(ii) In relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

(iii) In relation to any other Union territory, the highest court of criminal appeal for that territory other than the Supreme Court of India;

(f) "India" means the territories to which this Code extends;

(g) "Inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or court;

(h) "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf,

(i) "Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;

(j) "Local jurisdiction", in relation to a court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1[and such local area may comprise the whole of the state, or any part of the State, as the State Government may, by notification, specify];

(k) "Metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

(l) "Non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant;

(m) "Notification" means a notification published in the Official Gazette;

(n) "Offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);

(o) "Officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when, the State Government so directs, any other police officer so present;

(p) "Place" includes a house, building, tent, vehicle and vessel;

(q) "Pleader", when used with reference to any proceeding in any court, means a person authorized by or under any law for the time being in force, to practice in such court, and includes any other appointed with the permission of the court to act in such proceeding.

(r) "Police report" means a report forwarded by a police officer to a magistrate under sub-section (2) of section 173;

(s) "Police report" means any post or place declared generally or specially by the state government, to be a police station, and includes any local area specified by the state government in this behalf;

(t) "Prescribed" means prescribed by rules made under this code;

(u) "Public prosecutor" means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor;

(v) "Sub-division" means a sub-division of a district;

(w) "Summons - case" means relating to an offence, and not being a warrant-case;

(x) "Warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(y) Words and expression used herein and not defined but defined in the Indian penal code (45 of 1860) have the meanings respectively assigned to them in that code.

1. Ins. by Act 45 of 1978, sec. 2 (w.e.f. 18-12-1978).
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3. Construction of references.

(1) In this code,

(a) Any reference, without any qualifying words to a magistrate shall be construed, unless the context otherwise requires, -

(i) In relation to an area outside a metropolitan area, as a reference to a judicial magistrate;

(ii) In relation to a metropolitan area, as a reference to a metropolitan Magistrate;

(b) Any reference to Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a Metropolitan area, as reference to a Metropolitan Magistrate;

(c) Any reference to a magistrate of the first class shall, -

(i) In relation to a metropolitan area, be construed as a reference to a metropolitan Magistrate exercising jurisdiction in that area;

(ii) In relation to any other area, be construed as reference to a judicial magistrate of the first class exercising Jurisdiction in that area;

(d) Any reference to the chief judicial magistrate shall, in relation to a metropolitan area, be construed as reference to the chief metropolitan Magistrate exercising jurisdiction in that area.

(2) In this code, unless the context otherwise requires, any reference to the court of a judicial magistrate shall, in relation to a metropolitan area, be construed as a reference to the court of the metropolitan magistrate for that area.

(3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this code, -

(a) To a magistrate of the first class, shall be construed as reference to a judicial Magistrate of the first class;

(b) To a magistrate of the second class or of the third class, shall be construed as a reference to a judicial Magistrate of the second class;

(c) To a presidency Magistrate or chief presidency magistrate, shall be construed as a reference respectively, to a metropolitan magistrate or the chief metropolitan magistrate;

(d) To any area, which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a magistrate of the first class or of the second class in relation to such area, shall be construed as reference to the metropolitan magistrate-exercising jurisdiction in such area.

(4) Where, under any law, other than this code, the functions exercisable by a magistrate relate to matters-

(a) Which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, they shall, subject to the provisions of this code, be exercisable by a Judicial Magistrate; or

(b) Which are administrative or executive in nature, such as, granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or with drawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive Magistrate.

STATE AMENDMENTS


Andaman and Nicobar Islands

(1) After section 3, the following section shall be inserted, namely.

"3-A. Special provision relating to Andaman and Nicobar Islands. -

(1) Reference in this code to:

(a) The chief Judicial Magistrate shall be construed as references to the district Magistrate or, where the state government so directs, also to the additional District Magistrate:

(b) A Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or the second class shall be construed as references to such executive Magistrate as the State Government may, be notification in the official gazette, specify.

(2) The State Government may, if it is of opinion that adequate number of persons or available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands.

(3) On the cesser of operation of the provisions of this section every enquiry or trial pending, immediately before such cesser, before the District Magistrate or additional District Magistrate or any executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such judicial Magistrate as the State Government may specify in this behalf."

[Regulation 1 of 1974, sec. 3 (w.e.f.30.3. 1974)]

Arunachal Pradesh and Mizoram;

After sub-section (4), the following sub-section shall be inserted, namely; -

"(5) Notwithstanding any thing contained in the foregoing provisions for this section; -

(i) Any reference in such of the provisions of this code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column (1) of the table below shall, until the courts of Session and Courts of Judicial Magistrate or constituted in the said Union Territories be construed as references to the court of Magistrate mentioned in the corresponding entry in column (2) of that table.

TABLE


1
2

Court of Session or Sessions Judge or Chief Judicial Magistrate.
District Magistrate.

Magistrate or. Magistrate of the First Class Or Judicial Magistrate of the First Class.
Executive Magistrate.

(ii) The functions mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate."

The Chief Commissioners and the Additional Deputy Commissioners, in the Union Territory of Arunachal Pradesh, were appointed to be Executive Magistrate].

[Vide Notification No .Jud. 25/74. dated 2nd April, 1974]

Nagaland:

After sub-section (4) insert the following sub-section which shall be deemed always to have been so;-

"(5) Notwithstanding anything contained in the foregoing provisions of this section; -

(i) Any reference in such of the provisions of this Code, as applied to the State of Nagaland to the Court and authority mentioned in column (1) of the table below shall, until the Courts of Session and Court of Judicial Magistrates are constituted in the said areas, be construed as references to the Court and authority mentioned in the corresponding entry in column (2) of that table.

TABLE


1
2

Court of Session or Session Judge or Chief Judicial Magistrate.
District Magistrate or Additional District Magistrate.
Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class.
Executive Magistrate

(ii) References mentioned in Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section (4) exercisable by a Judicial Magistrate and Executive Magistrate shall be construed as references to, and exercised by, Deputy Commissioner and Additional Deputy commissioner and Assistant to Deputy Commissioner appointed under any law in force:

Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor" Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19th June, 1975].

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4. Trial of offences
(1) All offences under the (45 of 1860) shall be investigated, inquired into tried, and otherwise dealt with according to the provision hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
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[align=left]5. Saving.
Nothing contained in this Code shall in the absence of a specific provision to the contrary, affect any special or local law any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.[/align]

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7. Territorial divisions.

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts.

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The session's divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

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8. Metropolitan areas.

(1) The State Government may, by notification, declare that as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of' this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta, Madras, and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before Such cesser before any Court or Magistrate in Such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code, as if such reduction or alteration had not taken place.

Explanation. In this section, the expression "population" means the Population as ascertained at the last preceding census of which the relevant figures have been published.

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9. Court of Session.

(1) The State Government shall establish a Court of Session for every session's division.

(2) Every Court of Session shall be presided over by a Jude, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise Jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also all Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions divisions and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation. For the purposes of this Code, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

STATE AMENDMENTS


UTTAR PRADESH

In section 9 after sub-section (5), the following sub-section shall be inserted, namely.

"(5-A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from his place at which his Court is held, the senior most among the Additional Sessions judges, and the Assistant Sessions Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of' the office of the Sessions Judge and continue in charge there of until the office is resumed by the sessions judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf', exercise any of the powers of the Sessions Judge."

[Vide U.P. Act I of 1984, sec. 2 (w.e.f. 1-5-1984)].

In section 9, in sub-section (6), insert the following proviso.

"Provided that the Court of Sessions may hold, or the High Court may direct the Court of Session to hold its sitting in any particular case at any place in the Sessions Division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary."

[Vide U.P. Act 16 of 1976. sec. 2 (w.r.e.f. 28-11-1975)].

WEST BENGAL:

To subsection (3) of' section 9 the following provisos shall be added.

"Provided that notwithstanding anything to the contrary contained in this Code, Additional Sessions Judge in a sub-division, other than the subdivision, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising, jurisdiction in a Court of Session, shall have all the powers of' the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of session 1 16 sections 193 and, clause (a) of' section 209 and sections 409, 439 and 449.

Provided further that the above powers shall not be in derogation of' the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code."

[Vide W.B. Act 24 of' 1988, sec. 3.]

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Subordination of assistant Sessions Judges.

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they exercise jurisdiction.

(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every, such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

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11. Courts of Judicial Magistrates.

(1) In every district (not being a metropolitan area), there shall be established as many, Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:

1[Provided that the State Government may, after consultation with the High Court, establish, for any, local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]

(2) The presiding officers of such Courts shall be appointed by the High Courts.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

1. Added by Act 45 of 1978, sec. 3 (w.e.f. 18-12-1978).

STATE AMENDMENTS


Andaman and Nicobar Island, Dadra and Nagar Haveli and Lakshadweep:

In sub-section (3) of section 11, for the words "any member of the Judicial Service of the State functioning as a Judge in a Civil Court" the words "any person discharging the functions of a Civil Court" shall be substituted.

[Vide Regulation 1 of 1974, sec.4 (w.e.f. 30-3-1974)].

Bihar:

After sub-section (3) of Section 11,the following sub-section shall be inserted, namely.

"(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases of particular class or categories of cases."

[Vide Bihar Act 8 of 1977, sec. 2 (w.e.f. 10-1-1977)].

Haryana:

After sub-section (1) of Section 11, the following sub-section shall be inserted.

"(1-A) The State Government may likewise establish as many courts of Judicial Magistrate of the first class and of the second class in respect to particular cases or particular class or classes of cased, or to cases generally in any local area."

[Vide Haryana Act 16 of 1976, sec. 2 (w.e.f. 24-2-1976)].

Kerala:

In section 11, after sub-section (1), the following sub-section shall be inserted, namely.

"(1-A) The State Government may likewise establish as many special courts of Judicial Magistrate of First Class in respect to particular cases or to a particular class or particular classes or cases or in regard to cases generally, in any local area.

(2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December 1974 and ending with the 18th day of December 1978.

Validation. Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid."

[Vide Kerala Act 21 of 1987, sec.2].

Punjab:

In sub-section (1) of section 11, insert the following new sub-section.

"(1-A) The State Government may likewise establish as many courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area."

[Vide Punjab Act 9 of 1978, sec. 2 (w.e.f. 14-4-1978)].

Rajasthan:

In sub-section (1) of Section 11, the following new sub-section shall be inserted, namely.

"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular classes or cases, or in regard to cases generally, in any local area."

[Vide Rajasthan Act 10 of 1977, sec. 2 (w.e.f. 13-9-1977)].

Uttar Pradesh:

In section 11, the following sub-section shall be inserted, namely.

"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area."

[Vide U.P. Act 16 of 1976, sec. 3 (w.e.f. 30-4-1976)].

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