Criminal Procedure Code, 1973

This Act may be called the Code of Criminal Procedure, 1973.

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.

-to the State of Nagaland,

-to the tribal areas,

 

CHAPTER XXV, PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

328. Procedure in case of accused being lunatic.

329. Procedure in case of person of unsound mind tried before Court.

330. Release of person of unsound mind pending investigation or trial.

331. Resumption of inquiry or trial.

332. Procedure on accused appearing before Magistrate or Court.

333. When accused appears to have been of sound mind.

334. Judgment of acquittal on ground of unsoundness of mind.

335. Person acquitted on such ground to be detained in safe custody.

336. Power of State Government to empower officer-in-charge to discharge.

337. Procedure where lunatic prisoner is reported capable of making his defence.

338. Procedure where lunatic detained is declared fit to be released.

339. Delivery of lunatic to care of relative or friend.

CHAPTER XXVI, PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

340. Procedure in cases mentioned in section 195.

341. Appeal.

342. Power to order costs.

343. Procedure of Magistrate taking cognizance.

344. Summary procedure for trial for giving false evidence.

345. Procedure in certain cases of contempt.

346. Procedure where Court considers that case should not be dealt with under section 345.

347. When Registrar or Sub-Registrar to be deemed a Civil Court.

348. Discharge of offender on submission of apology.

349. Imprisonment or committal of person refusing to answer or produce document.

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.

351. Appeals from convictions under sections 344, 345, 349 and 350.

352. Certain Judges and Magistrates not to try certain offences when committed before themselves.

CHAPTER XXVII, THE JUDGMENT

353. Judgment.

354. Language and contents of judgment.

355. Metropolitan Magistrate's judgment.

356. Order for notifying address of previously convicted offender.

357. Order to pay compensation.

357A. Victim compensation scheme.

357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.

357C. Treatment of victims.

358. Compensation to persons groundlessly arrested.

359. Order to pay costs in non-cognizable cases.

360. Order to release on probation of good conduct or after admonition.

361. Special reasons to be recorded in certain cases.

362. Court not to alter judgment.

363. Copy of judgment to be given to the accused and other persons.

364. Judgment when to be translated.

365. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXVIII, SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

366. Sentence of death to be submitted by Court of Session for confirmation.

367. Power to direct further inquiry to be made or additional evidence to be taken.

368. Power of High Court to confirm sentence or annul conviction.

369. Confirmation or new sentence to be signed by two Judges.

370. Procedure in case of difference of opinion.

371. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXIX, APPEALS

372. No appeal to lie unless otherwise provided.

373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace

or good behaviour.

374. Appeals from convictions.

375. No appeal in certain cases when accused pleads guilty.

376. No appeal in petty cases.

377. Appeal by the State Government against sentence.

378. Appeal in case of acquittal.

379. Appeal against conviction by High Court in certain cases.

380. Special right of appeal in certain cases.

381. Appeal to Court of Session how heard.

382. Petition of appeal.

383. Procedure when appellant in jail.

384. Summary dismissal of appeal.

385. Procedure for hearing appeals not dismissed summarily.

386. Powers of the Appellate Court.

387. Judgments of Subordinate Appellate Court.

388. Order of High Court on appeal to be certified to lower Court.

389. Suspension of sentence pending the appeal; release of appellant on bail.

390. Arrest of accused in appeal from acquittal.

391. Appellate Court may take further evidence or direct it to be taken.

392. Procedure where Judges of Court of Appeal are equally divided.

393. Finality of judgments and orders on appeal.

394. Abatement of appeals.

CHAPTER XXX, REFERENCE AND REVISION

395. Reference to High Court.

396. Disposal of case according to decision of High Court.

397. Calling for records to exercise powers of revision.

398. Power to order inquiry.

399. Sessions Judge's powers of revision.

400. Power of Additional Sessions Judge.

401. High Court's powers of revision.

402. Power of High Court to withdraw or transfer revision cases.

403. Option of Court to hear parties.

404. Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court.

405. High Court's order to be certified to lower Court.

CHAPTER XXXI, TRANSFER OF CRIMINAL CASES

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

407. Power of High Court to transfer cases and appeals.

408. Power of Sessions Judge to transfer cases and appeals.

409. Withdrawal of cases and appeals by Sessions Judges.

410. Withdrawal of cases by Judicial Magistrate.

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

412. Reasons to be recorded.

CHAPTER XXXII, EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.–Death Sentences

413. Execution of order passed under section 368.

414. Execution of sentence of death passed by High Court.

415. Postponement of execution of sentence of death in case of appeal to Supreme Court.

416. Postponement of capital sentence on pregnant woman.

B.–Imprisonment

417. Power to appoint place of imprisonment.

418. Execution of sentence of imprisonment.

419. Direction of warrant for execution.

420. Warrant with whom to be lodged.

C.–Levy of fine

421. Warrant for levy of fine.

422. Effect of such warrant.

423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend.

424. Suspension of execution of sentence of imprisonment.

D.–General provisions regarding execution

425. Who may issue warrant.

426. Sentence on escaped convict when to take effect.

427. Sentence on offender already sentenced for another offence.

428. Period of detention undergone by the accused to be set off against the sentence of

imprisonment.

429. Saving.

430. Return of warrant on execution of sentence.

431. Money ordered to be paid recoverable as a fine.

E.–Suspension, remission and commutation of sentences

432. Power to suspend or remit sentences.

433. Power to commute sentence.

433A. Restriction on powers of remission or commutation in certain cases.

434. Concurrent power of Central Government in case of death sentences.

435. State Government to act after consultation with Central Government in certain cases.

CHAPTER XXXIII, PROVISIONS AS TO BAIL AND BONDS

436. In what cases bail to be taken.

436A. Maximum period for which an undertrial prisoner can be detained.

437. When bail may be taken in case of non-bailable offence.

437A. Bail to require accused to appear before next appellate Court.

438. Direction for grant of bail to person apprehending arrest.

439. Special powers of High Court or Court of Session regarding bail.

440. Amount of bond and reduction thereof.

441. Bond of accused and sureties.

441A. Declaration by sureties.

442. Discharge from custody.

443. Power to order sufficient bail when that first taken is insufficient.

444. Discharge of sureties.

445. Deposit instead of recognizance.

446. Procedure when bond has been forfeited.

446A. Cancellation of bond and bail bond.

447. Procedure in case of insolvency of death of surety or when a bond is forfeited.

448. Bond required from minor.

449. Appeal from orders under section 446.

450. Power to direct levy of amount due on certain recognizances.

CHAPTER XXXIV, DISPOSAL OF PROPERTY

451. Order for custody and disposal of property pending trialin certain cases.

452. Order for disposal of property at conclusion of trial.

453. Payment to innocent purchaser of money found on accused.

454. Appeal against orders under section 452 or section 453.

455. Destruction of libellous and other matter.

456. Power to restore possession of immovable property.

457. Procedure by police upon seizure of property.

458. Procedure where no claimant appears within six months.

459. Power to sell perishable property.

CHAPTER XXXV, IRREGULAR PROCEEDINGS

460. Irregularities which do not vitiate proceedings.

461. Irregularities which vitiate proceedings.

462. Proceedings in wrong place.

463. Non-compliance with provisions of section 164 or section 281.

464. Effect of omission to frame, or absence of, or error in, charge.

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

466. Defect or error not to make attachment unlawful.

CHAPTER XXXVI, LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

467. Definitions.

468. Bar to taking cognizance after lapse of the period of limitation.

469. Commencement of the period of limitation.

470. Exclusion of time in certain cases.

471. Exclusion of date on which Court is closed.

472. Continuing offence.

473. Extension of period of limitation in certain cases.

CHAPTER XXXVII, MISCELLANEOUS

474. Trials before High Courts.

475. Delivery to commanding officers of persons liable to be tried by Court-martial.

476. Forms.

477. Power of High Court to make rules.

478. Power to alter functions allocated to Executive Magistrate in certain cases.

479. Case in which Judge or Magistrate is personally interested.

480. Practising pleader not to sit as Magistrate in certain Courts.

481. Public servant concerned in sale not to purchase or bid for property.

482. Saving of inherent power of High Court.

483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.

484. Repeal and savings.