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vlkkkj.k EXTRAORDINARY Hkkx II k.M 1 PART IISection 1 izkfkdkj ls izdkfkr PUBLISHED BY AUTHORITY lañ 54 ubZ fnYyh lkseokj fnlEcj 25 2023 ikSk 4 1945 ¼kd½ No. 54 NEW DELHI, MONDA Y, DECEMBER 25, 2023P ... | vlkkkj.k EXTRAORDINARY Hkkx II k.M 1 PART IISection 1 izkfkdkj ls izdkfkr PUBLISHED BY AUTHORITY lañ 54 ubZ fnYyh lkseokj fnlEcj 25 2023 ikSk 4 1945 ¼kd½ No. 54 NEW DELHI, MONDA Y, DECEMBER 25, 2023P AUSHA 4, 1945 (SAKA) bl Hkkx esa fHkUu iB la;k nh tkrh gS ftlls fd ;g vyx ladyu ds i esa jkk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx xxxGIDExxx jftLVªh lañ Mhñ ,yñ (,u)040007200323 REGISTERED N O. DL(N)0 4000 7200 323 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 25th December, 2023 Pausha 4, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information THE BHARA TIYA NAGARIK SURAKSHA SANHITA, 2023 NO. 46 OF 2023 25th December , 2023 . An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventyfourth Year of the Republic of India as follows CHAPTER |
OF LAW AND JUSTICE (Legislative Department) New Delhi, the 25th December, 2023 Pausha 4, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 25th December, 2023 a... | OF LAW AND JUSTICE (Legislative Department) New Delhi, the 25th December, 2023 Pausha 4, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information THE BHARA TIYA NAGARIK SURAKSHA SANHITA, 2023 NO. 46 OF 2023 25th December , 2023 . An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventyfourth Year of the Republic of India as follows CHAPTER I PRELIMINARY 1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII 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 modifi |
2 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... | 2 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 thelocal limits of the municipality of Shillong. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.(1) In this Sanhita, unless the context otherwise requires, (a) audiovideo electronic means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, searchand seizure or evidence, transmission of electronic communication and for such otherpurposes and by such other means as the State Government may, by rules provide; (b) bail means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer orCourt on exe |
a) audiovideo electronic means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, searchand seizure or evidence, transmissi... | a) audiovideo electronic means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, searchand seizure or evidence, transmission of electronic communication and for such otherpurposes and by such other means as the State Government may, by rules provide; (b) bail means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer orCourt on execution by such person of a bond or a bail bond; (c) 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; andnonbailable offence means any other offence; (d) bail bond means an undertaking for release with surety; (e) bond means a personal bond or an undertaking for release without surety; (f) charge includes any head of charge when the charge contains more heads than one; (g) cognizable offence |
cution by such person of a bond or a bail bond; (c) 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... | cution by such person of a bond or a bail bond; (c) 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; andnonbailable offence means any other offence; (d) bail bond means an undertaking for release with surety; (e) bond means a personal bond or an undertaking for release without surety; (f) charge includes any head of charge when the charge contains more heads than one; (g) 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 orunder any other law for the time being in force, arrest without warrant; (h) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether knownor unknown, has committed an offence, but does not include a police report. Explanation .A report made by a police officer in a cas |
means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule orunder any other law for the time being in force, arrest without wa... | means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule orunder any other law for the time being in force, arrest without warrant; (h) complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether knownor 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 noncognizable offence shall be deemed to bea complaint; and the police officer by whom such report is made shall be deemed to bethe complainant; (i) electronic communication means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from oneperson to another or from one device to another or from a person to a device or froma device to a person) by means of an electronic dev |
e which discloses, after investigation, the commission of a noncognizable offence shall be deemed to bea complaint; and the police officer by whom such report is made shall be deemed to bethe complain... | e which discloses, after investigation, the commission of a noncognizable offence shall be deemed to bea complaint; and the police officer by whom such report is made shall be deemed to bethe complainant; (i) electronic communication means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from oneperson to another or from one device to another or from a person to a device or froma device to a person) by means of an electronic device including a telephone, mobilephone, or other wireless telecommunication device, or a computer, or audiovideoplayer or camera or any other electronic device or electronic form as may be specifiedby notification, by the Central Government; (j) 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 t |
ice including a telephone, mobilephone, or other wireless telecommunication device, or a computer, or audiovideoplayer or camera or any other electronic device or electronic form as may be specifiedby... | ice including a telephone, mobilephone, or other wireless telecommunication device, or a computer, or audiovideoplayer or camera or any other electronic device or electronic form as may be specifiedby notification, by the Central Government; (j) 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; (k) inquiry means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; (l) investigation includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation .Where any of the provisions of a special Act are incon |
erritory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) inquiry means every inquiry, other than a trial, conducted under this Sanhita by a Magistra... | erritory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) inquiry means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; (l) investigation includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation .Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;Definitions. 2 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ _____________________________________________________ |
3 (m) judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) local jurisdiction, in relation to a Court or Magistrate, means the local area... | 3 (m) judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) 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 Sanhita and such local area may comprise the whole of the State, or any part ofthe State, as the State Government may, by notification, specify; (o) noncognizable offence means an offence for which, and noncognizable case means a case in which, a police officer has no authority to arrest withoutwarrant; (p) notification means a notification published in the Official Gazette; (q) 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 madeunder section 20 of the Cattle Trespass Act, 1871; (r) officer in charge of a police station includes, when the officer in charge of the police station is absent from the |
cognizable case means a case in which, a police officer has no authority to arrest withoutwarrant; (p) notification means a notification published in the Official Gazette; (q) offence means any act or... | cognizable case means a case in which, a police officer has no authority to arrest withoutwarrant; (p) notification means a notification published in the Official Gazette; (q) 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 madeunder section 20 of the Cattle Trespass Act, 1871; (r) officer in charge of a police station includes, when the officer in charge of the police station is absent from the stationhouse or unable from illness or othercause to perform his duties, the police officer present at the stationhouse who is nextin rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) place includes a house, building, tent, vehicle and vessel; (t) police report means a report forwarded by a police officer to a Magistrate under subsection ( 3) of section 193; (u) police station means any post or place declare |
stationhouse or unable from illness or othercause to perform his duties, the police officer present at the stationhouse who is nextin rank to such officer and is above the rank of constable or, when t... | stationhouse or unable from illness or othercause to perform his duties, the police officer present at the stationhouse who is nextin rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) place includes a house, building, tent, vehicle and vessel; (t) police report means a report forwarded by a police officer to a Magistrate under subsection ( 3) of section 193; (u) police station means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified bythe State Government in this behalf; (v) Public Prosecutor means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) subdivision means a subdivision of a district; (x) summonscase means a case relating to an offence, and not being a warrantcase; (y) victim means a person who has suffered any loss or injury caused by r |
d generally or specially by the State Government, to be a police station, and includes any local area specified bythe State Government in this behalf; (v) Public Prosecutor means any person appointed ... | d generally or specially by the State Government, to be a police station, and includes any local area specified bythe State Government in this behalf; (v) Public Prosecutor means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) subdivision means a subdivision of a district; (x) summonscase means a case relating to an offence, and not being a warrantcase; (y) victim means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) warrantcase means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. 3. (1) Unless the context |
eason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) warrantcase means a case relating to an offence punishable with death, imprisonment for l... | eason of the act or omission of the accused person and includes the guardian or legal heir of such victim; (z) warrantcase means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. 3. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdictionin such area. Construction of references.1 of 1871. 2 of 2000. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 3 ___________________________________________ |
4 (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters, (a) which involve the appreciation or shifting of evidence or the formulation of any d... | 4 (2) Where, under any law, other than this Sanhita, 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 sendinghim for trial before any Court, they shall, subject to the provisions of this Sanhita, beexercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution orwithdrawing from a prosecution, they shall, subject to the provisions of clause ( a) be exercisable by an Executive Magistrate. 4.(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law sh |
are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution orwithdrawing from a prosecution, they shall, sub... | are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution orwithdrawing from a prosecution, they shall, subject to the provisions of clause ( a) be exercisable by an Executive Magistrate. 4.(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions 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 thetime being in force regulating the manner or place of investigating, inquiring into, trying orotherwise dealing with such offences. 5.Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any specialjurisdiction or power conferred, or any special form of |
all be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for thetime being in force regulating the manner or place of investig... | all be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for thetime being in force regulating the manner or place of investigating, inquiring into, trying orotherwise dealing with such offences. 5.Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any specialjurisdiction or power conferred, or any special form of procedure prescribed, by any otherlaw for the time being in force. CHAPTER II C ONSTITUTION OF CRIMINAL COURTS AND OFFICES 6.Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 7.(1) Every State shall be a sessions division or shal |
procedure prescribed, by any otherlaw for the time being in force. CHAPTER II C ONSTITUTION OF CRIMINAL COURTS AND OFFICES 6.Besides the High Courts and the Courts constituted under any law, other tha... | procedure prescribed, by any otherlaw for the time being in force. CHAPTER II C ONSTITUTION OF CRIMINAL COURTS AND OFFICES 6.Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 7.(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consistof districts. (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 subdivisions and may alter the limits or the number of such subdivisions. (4) The sessions divisions, districts and subdivisions e |
l consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consistof districts. (2) The State Government may, after consultation with the H... | l consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consistof districts. (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 subdivisions and may alter the limits or the number of such subdivisions. (4) The sessions divisions, districts and subdivisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section. 8.(1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.Trial ofoffences underBharatiyaNyaya Sanhita,2023 and otherlaws. Saving. Classes of Crimin |
5 (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases... | 5 (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an 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 maydirect. (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 orpending before such Court of Session by an Additional Sessions Judge or if there be noAdditional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; andevery such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session 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 Sessionis of opinion that it will tend to the general convenience of the parties and witnesses to holdits sittings at an |
Judge or if there be noAdditional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; andevery such Judge or Magistrate shall have jurisdiction to deal with any such application... | Judge or if there be noAdditional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; andevery such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session 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 Sessionis of opinion that it will tend to the general convenience of the parties and witnesses to holdits sittings at any other place in the sessions division, it may, with the consent of theprosecution and the accused, sit at that place for the disposal of the case or the examinationof any witness or witnesses therein. (7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges. (8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to |
y other place in the sessions division, it may, with the consent of theprosecution and the accused, sit at that place for the disposal of the case or the examinationof any witness or witnesses therein... | y other place in the sessions division, it may, with the consent of theprosecution and the accused, sit at that place for the disposal of the case or the examinationof any witness or witnesses therein. (7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges. (8) 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 Sessions Judgeor if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and suchJudge or Magistrate shall be deemed to have jurisdiction to deal with any such application. Explanation .For the purposes of this Sanhita, appointment does not include the first appointment, posting or promotion of a person by the Government to any Service, orpost in connection with the affairs of the Union or of a State, where under any law, suchappointment, posting or prom |
act, by an Additional Sessions Judgeor if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and suchJudge or Magistrate shall be deemed to have jurisdiction to deal with any suc... | act, by an Additional Sessions Judgeor if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and suchJudge or Magistrate shall be deemed to have jurisdiction to deal with any such application. Explanation .For the purposes of this Sanhita, appointment does not include the first appointment, posting or promotion of a person by the Government to any Service, orpost in connection with the affairs of the Union or of a State, where under any law, suchappointment, posting or promotion is required to be made by the Government. 9. (1) In every district 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 Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the firstclass or of the second class t |
otion is required to be made by the Government. 9. (1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such place... | otion is required to be made by the Government. 9. (1) In every district 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 Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the firstclass or of the second class to try any particular case or particular class of cases, and whereany such Special Court is established, no other Court of Magistrate in the local area shallhave jurisdiction to try any case or class of cases for the trial of which such Special Courtof Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of |
o try any particular case or particular class of cases, and whereany such Special Court is established, no other Court of Magistrate in the local area shallhave jurisdiction to try any case or class o... | o try any particular case or particular class of cases, and whereany such Special Court is established, no other Court of Magistrate in the local area shallhave jurisdiction to try any case or class of cases for the trial of which such Special Courtof Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (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 memberof the Judicial Service of the State, functioning as a Judge in a Civil Court. 10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of thepowers of a Chief Judicial Magistrate under this Sanhita or under |
the first class or of the second class on any memberof the Judicial Service of the State, functioning as a Judge in a Civil Court. 10. (1) In every district, the High Court shall appoint a Judicial Ma... | the first class or of the second class on any memberof the Judicial Service of the State, functioning as a Judge in a Civil Court. 10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of thepowers of a Chief Judicial Magistrate under this Sanhita or under any other law for the timebeing in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any subdivision as the Subdivisional Judicial Magistrate and relieve him of the responsibilitiesspecified in this section as occasion requires. (4) Subject to the general control of the Chief Judicial Magistrate, every Subdivisional Judicial Magistrate shall also have and exercise, such powers of supervision and controlover the work of the Judicial |
any other law for the timebeing in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any subdivision as the Subdivisional Judicial Magi... | any other law for the timebeing in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any subdivision as the Subdivisional Judicial Magistrate and relieve him of the responsibilitiesspecified in this section as occasion requires. (4) Subject to the general control of the Chief Judicial Magistrate, every Subdivisional Judicial Magistrate shall also have and exercise, such powers of supervision and controlover the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates)in the subdivision as the High Court may, by general or special order, specify in this behalf.Courts ofJudicialMagistrates. Chief Judicial Magistrate andAdditionalChief JudicialMagistrate,etc. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 5 ___________________________________________________________ __________________________________________________________ __________________________________________________________ ______________________ |
6 11. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred o... | 6 11. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate ofthe first class or of the second class, in respect to particular cases or to particular classes ofcases, in any local area Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules,specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or specialorder, direct. 12.(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointedunder section 9 or under section 11 may exercise all o |
in relation to legal affairs as the High Court may, by rules,specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at... | in relation to legal affairs as the High Court may, by rules,specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or specialorder, direct. 12.(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointedunder section 9 or under section 11 may exercise all or any of the powers with which theymay respectively be invested under this Sanhita Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in wh |
r any of the powers with which theymay respectively be invested under this Sanhita Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for wh... | r any of the powers with which theymay respectively be invested under this Sanhita Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference inthis Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to suchMagistrate, throughout the area within his local jurisdiction, be construed, unless thecontext otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate,as the case may be, exercising jurisdiction in relation to the said district. 13.(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other J |
ich he ordinarily holds Court, any reference inthis Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to suchMagistrate, throughout the area within his local jurisdiction... | ich he ordinarily holds Court, any reference inthis Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to suchMagistrate, throughout the area within his local jurisdiction, be construed, unless thecontext otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate,as the case may be, exercising jurisdiction in relation to the said district. 13.(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the SessionsJudge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the JudicialMagistrates subordinate to him. 14.(1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the Dist |
udicial Magistrate shall, subject to the general control of the SessionsJudge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or ... | udicial Magistrate shall, subject to the general control of the SessionsJudge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the JudicialMagistrates subordinate to him. 14.(1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the DistrictMagistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a DistrictMagistrate under this Sanhita or under any other law for the time being in force as may bedirected by the State Government. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officershall, pending |
rictMagistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a DistrictMagistrate under t... | rictMagistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a DistrictMagistrate under this Sanhita or under any other law for the time being in force as may bedirected by the State Government. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officershall, pending the orders of the State Government, exercise all the powers and perform allthe duties respectively conferred and imposed by this Sanhita on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a subdivision and may relieve him of the charge as occasion requires; and the Magistrate soplaced in charge of a subdivision shall be called the Subdivisional Magistrate. (5) The State Government may, by general or special order and subject to such control and di |
the orders of the State Government, exercise all the powers and perform allthe duties respectively conferred and imposed by this Sanhita on the District Magistrate. (4) The State Government may place ... | the orders of the State Government, exercise all the powers and perform allthe duties respectively conferred and imposed by this Sanhita on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a subdivision and may relieve him of the charge as occasion requires; and the Magistrate soplaced in charge of a subdivision shall be called the Subdivisional Magistrate. (5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under subsection ( 4) to the District Magistrate.Special JudicialMagistrates. Local Jurisdiction ofJudicialMagistrates. Subordination of JudicialMagistrates. Executive Magistrates. 6 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ __________________________________________________________ _____________________________________ |
7 (6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magis... | 7 (6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate. 15.The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent,to be known as Special Executive Magistrates, for particular areas or for the performance ofparticular functions and confer on such Special Executive Magistrates such of the powersas are conferrable under this Sanhita on Executive Magistrates, as it may deem fit. 16.(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistratesmay exercise all or any of the powers with which they may be invested under this Sanhita. (2) Except as otherwise provided by such definition, the jurisdiction and powers of |
confer on such Special Executive Magistrates such of the powersas are conferrable under this Sanhita on Executive Magistrates, as it may deem fit. 16.(1) Subject to the control of the State Governmen... | confer on such Special Executive Magistrates such of the powersas are conferrable under this Sanhita on Executive Magistrates, as it may deem fit. 16.(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistratesmay exercise all or any of the powers with which they may be invested under this Sanhita. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Subdivisional Magistrate) exercising powers ina subdivision shall also be subordinate to the Subdivisional Magistrate, subject, to thegeneral control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distr |
every such Magistrate shall extend throughout the district. 17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Subdivisio... | every such Magistrate shall extend throughout the district. 17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Subdivisional Magistrate) exercising powers ina subdivision shall also be subordinate to the Subdivisional Magistrate, subject, to thegeneral control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among theExecutive Magistrates subordinate to him. 18. (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appointone or more Additional Public Prosecutors, for conducting in such Court, any prosecution,appeal or other proceeding on behalf of the Central Government or the State Government,as the case may be Provided that for National Capital Territory of |
ibution or allocation of business among theExecutive Magistrates subordinate to him. 18. (1) For every High Court, the Central Government or the State Government shall, after consultation with the Hig... | ibution or allocation of business among theExecutive Magistrates subordinate to him. 18. (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appointone or more Additional Public Prosecutors, for conducting in such Court, any prosecution,appeal or other proceeding on behalf of the Central Government or the State Government,as the case may be Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or AdditionalPublic Prosecutors for the purposes of this subsection. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district Provided that th |
Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or AdditionalPublic Prosecutors for the purposes of this subsection. (2) The Central... | Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or AdditionalPublic Prosecutors for the purposes of this subsection. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional PublicProsecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutorsor Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Pub |
e Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional PublicProsecutor, as the case may be, for another distri... | e Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional PublicProsecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutorsor Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of namesprepared by the District Magistrate under subsection ( 4). (6) Notwithstanding anything in subsection ( 5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a PublicProsecutor or an Additional Public Prosecutor only from among the persons constitutingsuch Cadre Provided that where, in the opinion of the State Government, no suitable |
lic Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of namesprepared by the District Magistrate under subsection ( 4). (6) Notwithstanding anything in ... | lic Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of namesprepared by the District Magistrate under subsection ( 4). (6) Notwithstanding anything in subsection ( 5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a PublicProsecutor or an Additional Public Prosecutor only from among the persons constitutingsuch Cadre Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, that Government may appoint a person asPublic Prosecutor or Additional Public Prosecutor, as the case may be, from the panel ofnames prepared by the District Magistrate under subsection ( 4).SpecialExecutiveMagistrates. Local Jurisdiction ofExecutiveMagistrates. Subordination of ExecutiveMagistrates. Public Prosecutors. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 7 ___________________________________________________________ _________________ |
8 Explanation .For the purposes of this subsection, (a) regular Cadre of Prosecuting Officers means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever na... | 8 Explanation .For the purposes of this subsection, (a) regular Cadre of Prosecuting Officers means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever namecalled, to that post; (b) Prosecuting Officer means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, AdditionalPublic Prosecutor or Assistant Public Prosecutor under this Sanhita. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under subsection ( 1) or subsection ( 2) or subsection ( 3) or subsection ( 6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as |
istant Public Prosecutor under this Sanhita. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under subsection ( 1) or subsection ( 2) or subsec... | istant Public Prosecutor under this Sanhita. (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under subsection ( 1) or subsection ( 2) or subsection ( 3) or subsection ( 6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this subsection. (9) For the purposes of subsection ( 7) and subsection ( 8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after thecommencement of this Sanhita) service as a Public Prosecutor or as an Additional PublicProsecutor or Assistant Public Prosecutor or other Prosecuting Officer, by what |
a Special Public Prosecutor Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this subsection. (9) For the purposes of subsection ( 7) a... | a Special Public Prosecutor Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this subsection. (9) For the purposes of subsection ( 7) and subsection ( 8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after thecommencement of this Sanhita) service as a Public Prosecutor or as an Additional PublicProsecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever namecalled, shall be deemed to be the period during which such person has been in practice asan advocate. 19.(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. (3) Without prejudice to provisions contained in subsections ( |
ever namecalled, shall be deemed to be the period during which such person has been in practice asan advocate. 19.(1) The State Government shall appoint in every district one or more Assistant Public ... | ever namecalled, shall be deemed to be the period during which such person has been in practice asan advocate. 19.(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. (3) Without prejudice to provisions contained in subsections ( 1) and ( 2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the DistrictMagistrate may appoint any other person to be the Assistant Public Prosecutor in charge ofthat case after giving notice of fourteen days to the State Government Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; |
1) and ( 2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the DistrictMagistrate may appoint any other person to be the Assistant Public Prosecutor in cha... | 1) and ( 2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the DistrictMagistrate may appoint any other person to be the Assistant Public Prosecutor in charge ofthat case after giving notice of fourteen days to the State Government Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) is below the rank of Inspector. 20. (1) The State Government may establish, (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. (2) A person shall be eligible to be appointed, (a) as a Director of Prosecution or a Deputy Director of Pro |
or (b) is below the rank of Inspector. 20. (1) The State Government may establish, (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of... | or (b) is below the rank of Inspector. 20. (1) The State Government may establish, (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. (2) A person shall be eligible to be appointed, (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class.AssistantPublicProsecutors. Directorate of Prosecution. 8 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ |
9 (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director ... | 9 (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under subsection ( 1) or subsection ( 8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under subsection ( 3) or subsection ( 8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed undersubsection ( 1) of section 19 shall be subordinate to the De |
ointed by the State Government under subsection ( 1) or subsection ( 8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecuto... | ointed by the State Government under subsection ( 1) or subsection ( 8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under subsection ( 3) or subsection ( 8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed undersubsection ( 1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or withdeath; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishablefor se |
puty Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten ye... | puty Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or withdeath; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishablefor seven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in subsections ( 7), (8) and ( 9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with andbe responsible for all proceedings under this Sanhita. (11) The other powers and functions |
ven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishab... | ven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in subsections ( 7), (8) and ( 9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with andbe responsible for all proceedings under this Sanhita. (11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of theDeputy Directors of Prosecution or Assistant Directors of Prosecution have been appointedshall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor. CHAPTER III P OWER OF COURTS 21.Subject to the other provis |
of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of theDeputy Directors of Prosecution or Assistant Directors of Pros... | of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of theDeputy Directors of Prosecution or Assistant Directors of Prosecution have been appointedshall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor. CHAPTER III P OWER OF COURTS 21.Subject to the other provisions of this Sanhita, (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman; (b) any offence under an |
ions of this Sanhita, (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown ... | ions of this Sanhita, (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman; (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may betried by (i) the High Court; or (ii) any other Court by which such offence is shown in the First Schedule to be triable.Courts bywhichoffences aretriable. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 9 ___________________________________________________________ __________________________________________________________ ___________________________________________ |
10 22.(1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such ... | 10 22.(1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 23. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a termexceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or ofboth, or of community service. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both,or of community service. Explanation. Community service shall mean the work which the Court may order a convict to perform as a form of punishment that benefits th |
ss may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or ofboth, or of community service. (3) The Court of Magistrate of the seco... | ss may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or ofboth, or of community service. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both,or of community service. Explanation. Community service shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shallnot be entitled to any remuneration. 24. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law Provided that the term (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed onefourth of the term of imprisonment which the Magistrate iscompetent to inflict as punishment for the offence otherwi |
e community, for which he shallnot be entitled to any remuneration. 24. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law Provided... | e community, for which he shallnot be entitled to any remuneration. 24. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law Provided that the term (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed onefourth of the term of imprisonment which the Magistrate iscompetent to inflict as punishment for the offence otherwise than as imprisonment indefault of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. 25. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court iscom |
se than as imprisonment indefault of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by... | se than as imprisonment indefault of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. 25. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court iscompetent to inflict and the Court shall, considering the gravity of offences, order suchpunishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of thepunishment which it is competent to inflict on conviction of a single offence, to send theoffender for trial before a higher Court Provided that (a) in no case shall such person be sentenced t |
petent to inflict and the Court shall, considering the gravity of offences, order suchpunishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necess... | petent to inflict and the Court shall, considering the gravity of offences, order suchpunishments to run concurrently or consecutively. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of thepunishment which it is competent to inflict on conviction of a single offence, to send theoffender for trial before a higher Court Provided that (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. 26. (1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower |
o imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For... | o imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. 26. (1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. 27.Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under thisSanhita throughout any local area is appointed to an equal or higher office of the sameSentenceswhich HighCourts an |
persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to ... | persons specially by name or in virtue of their offices or classes of officials generally be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. 27.Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under thisSanhita throughout any local area is appointed to an equal or higher office of the sameSentenceswhich HighCourts andSessions Judgesmay pass. Sentences whichMagistratesmay pass. Sentence of imprisonmentin default offine. Sentence incases ofconviction ofseveraloffences atone trial. Mode ofconferringpowers. Powers ofofficersappointed. 10 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ __________________________________________________________ _________________________________________________________ |
11 nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwisedirected, exercise ... | 11 nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwisedirected, exercise the same powers in the local area in which he is so appointed. 28. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officersubordinate to it. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. 29.(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successorinoffice. (2) When there is any doubt as to who is the successorinoffice, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita orof any proceedings or order thereunder, be |
Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. 29.(1) Subject to the other provisions of this Sanhita, the powers and dutie... | Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. 29.(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successorinoffice. (2) When there is any doubt as to who is the successorinoffice, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita orof any proceedings or order thereunder, be deemed to be the successorinoffice. (3) When there is any doubt as to who is the successorinoffice of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determineby order in writing the Magistrate who shall, for the purpose of this Sanhita or of anyproceedings or order thereunder, be deemed to be the successorinoffice of such Magistrate. CHAPTER IV P OWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE 30.Police officer |
deemed to be the successorinoffice. (3) When there is any doubt as to who is the successorinoffice of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, sh... | deemed to be the successorinoffice. (3) When there is any doubt as to who is the successorinoffice of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determineby order in writing the Magistrate who shall, for the purpose of this Sanhita or of anyproceedings or order thereunder, be deemed to be the successorinoffice of such Magistrate. CHAPTER IV P OWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE 30.Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may beexercised by such officer within the limits of his station. 31. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the p |
s superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may beexercised by such officer within the limits... | s superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may beexercised by such officer within the limits of his station. 31. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property. 32.When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. 33.(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of theBhar |
eace; or (c) in the prevention of any injury attempted to be committed to any public property. 32.When a warrant is directed to a person other than a police officer, any other person may aid in the ex... | eace; or (c) in the prevention of any injury attempted to be committed to any public property. 32.When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. 33.(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of theBharatiya Nyaya Sanhita, 2023, namely (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307;Withdrawal ofpowers. Powers of Judges andMagistratesexercisable bytheirsuccessorsinoffice. Powers of superiorofficers ofpolice. Public when to ass |
atiya Nyaya Sanhita, 2023, namely (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclus... | atiya Nyaya Sanhita, 2023, namely (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307;Withdrawal ofpowers. Powers of Judges andMagistratesexercisable bytheirsuccessorsinoffice. Powers of superiorofficers ofpolice. Public when to assistMagistratesand police. Aid to person, other thanpolice officer,executingwarrant. Public to give informationof certainoffences. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 11 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ _____________________________ |
12 (ix) sections 309 to 312 (both inclusive); (x) subsection ( 5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, shall, in the absence of any reasonable exc... | 12 (ix) sections 309 to 312 (both inclusive); (x) subsection ( 5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or policeofficer of such commission or intention. (2) For the purposes of this section, the term offence includes any act committed at any place out of India which would constitute an offence if committed in India. 34.(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to theofficer in charge of the nearest police station, whichever is nearer, any information which hemay possess respecting (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village; (b) the resort to any place within, or the |
onstitute an offence if committed in India. 34.(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest ... | onstitute an offence if committed in India. 34.(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to theofficer in charge of the nearest police station, whichever is nearer, any information which hemay possess respecting (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village; (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict orproclaimed offender; (c) the commission of, or intention to commit, in or near such village any nonbailable offence or any offence punishable under section 189 and section 191 ofthe Bharatiya Nyaya Sanhita, 2023; (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such villageof any |
passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict orproclaimed offender; (c) the commission of, or intention to commit, in or near suc... | passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict orproclaimed offender; (c) the commission of, or intention to commit, in or near such village any nonbailable offence or any offence punishable under section 189 and section 191 ofthe Bharatiya Nyaya Sanhita, 2023; (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such villageof any corpse or part of a corpse, in circumstances which lead to a reasonable suspicionthat such a death has occurred or the disappearance from such village of any personin circumstances which lead to a reasonable suspicion that a nonbailable offence hasbeen committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishableunder any of the following sections of the Bharati |
corpse or part of a corpse, in circumstances which lead to a reasonable suspicionthat such a death has occurred or the disappearance from such village of any personin circumstances which lead to a re... | corpse or part of a corpse, in circumstances which lead to a reasonable suspicionthat such a death has occurred or the disappearance from such village of any personin circumstances which lead to a reasonable suspicion that a nonbailable offence hasbeen committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishableunder any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely,103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),clauses ( f) and ( g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, bygeneral or special order made with the previous sanction of the State Government,has directed him to communicate information. (2) In this section, (i) village inclu |
ya Nyaya Sanhita, 2023, namely,103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),clauses ( f) and ( g) of section 326, 331or 332; (f) any matter likely to aff... | ya Nyaya Sanhita, 2023, namely,103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),clauses ( f) and ( g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, bygeneral or special order made with the previous sanction of the State Government,has directed him to communicate information. (2) In this section, (i) village includes village lands; (ii) the expression proclaimed offender includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which thisSanhita extends, would be an offence punishable under any of the offence punishablewith imprisonment for ten years or more or with imprisonment for life or with deathunder the Bharatiya Nyaya Sanhita, 2023; (iii) the words officer |
des village lands; (ii) the expression proclaimed offender includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in r... | des village lands; (ii) the expression proclaimed offender includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which thisSanhita extends, would be an offence punishable under any of the offence punishablewith imprisonment for ten years or more or with imprisonment for life or with deathunder the Bharatiya Nyaya Sanhita, 2023; (iii) the words officer employed in connection with the affairs of the village means a member of the panchayat of the village and includes the headman and everyofficer or other person appointed to perform any function connected with theadministration of the village.Duty ofofficersemployed inconnectionwith affairs ofa village tomake certainreport. 12 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ __________ |
13 CHAPTER V ARREST OF PERSONS 35.(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person (a) who commits, in the presence of a police officer, a cogniza... | 13 CHAPTER V ARREST OF PERSONS 35.(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person (a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven yearsor which may extend to seven years whether with or without fine, if the followingconditions are satisfied, namely (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tamp |
hether with or without fine, if the followingconditions are satisfied, namely (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person ha... | hether with or without fine, if the followingconditions are satisfied, namely (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to the policeofficer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing Provided that a police officer shall, in all cases where |
ering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as todissuade him from disclo... | ering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to the policeofficer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this subsection, record the reasons in writingfor not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such personhas committed the said offence; o |
the arrest of a person is not required under the provisions of this subsection, record the reasons in writingfor not making the arrest; or (c) against whom credible information has been received that... | the arrest of a person is not required under the provisions of this subsection, record the reasons in writingfor not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such personhas committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed anoffence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter fr |
r (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen ... | r (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed anoffence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicionexists, of his having been concerned in, any act committed at any place out of Indiawhich, if committed in India, would have been punishable as an offence, and forWhen police may arrestwithoutwarrant. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 13 _________________________________________________________ |
14 which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made u... | 14 which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under subsection ( 5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to bearrested and the offence or other cause for which the arrest is to be made and itappears therefrom that the person might lawfully be arrested without a warrant by theofficer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a noncognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested exceptunder a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required und |
from that the person might lawfully be arrested without a warrant by theofficer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a noncognizable offence ... | from that the person might lawfully be arrested without a warrant by theofficer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a noncognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested exceptunder a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under subsection ( 1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicionexists that he has committed a cognizable offence, to appear before him or at such otherplace as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, |
er subsection ( 1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicionexists that he has committ... | er subsection ( 1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicionexists that he has committed a cognizable offence, to appear before him or at such otherplace as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to berecorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may havebeen passed by a competent Court in this behalf, arrest him for the offence mentioned in thenotice. (7) No arrest shall be made without prior per |
he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to berecorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person... | he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to berecorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may havebeen passed by a competent Court in this behalf, arrest him for the offence mentioned in thenotice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonmentof less than three years and such person is infirm or is above sixty years of age. 36.Every police officer while making an arrest shall (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be (i) attested by at least one witness, who is a member of the family of |
mission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonmentof less than three years and such person is infirm or is above six... | mission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonmentof less than three years and such person is infirm or is above sixty years of age. 36.Every police officer while making an arrest shall (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification; (b) prepare a memorandum of arrest which shall be (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest ismade; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other personnamed by him to be informed of his arrest. 37.The State Government shall (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in e |
the person arrested or a respectable member of the locality where the arrest ismade; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested b... | the person arrested or a respectable member of the locality where the arrest ismade; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other personnamed by him to be informed of his arrest. 37.The State Government shall (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant SubInspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested,nature of the offence with which charged, which shall be prominently displayed inany manner including in digital mode in every police station and at the districtheadquarters.Procedure ofarrest andduties ofofficer makingarrest. Designated police officer. 14 THE GAZETTE OF INDIA EXTRAORDINARY Part II _____________ |
15 38.When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. 39.(1) When any pers... | 15 38.When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. 39.(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a noncognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer hasreason to believe to be false, he may be arrested by such officer in order that his name orresidence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. (3) If the true name and residence of such person is not ascertained within twentyfour hours from the time of arrest or if he fails to execute the bond |
n order that his name orresidence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistr... | n order that his name orresidence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. (3) If the true name and residence of such person is not ascertained within twentyfour hours from the time of arrest or if he fails to execute the bond or bail bond, or,if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearestMagistrate having jurisdiction. 40.(1) Any private person may arrest or cause to be arrested any person who in his presence commits a nonbailable and cognizable offence, or any proclaimed offender, and,without unnecessary delay, but within six hours from such arrest, shall make over or causeto be made over any person so arrested to a police officer, or, in the absence of a policeofficer |
or bail bond, or,if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearestMagistrate having jurisdiction. 40.(1) Any private person may arrest or cause to be arres... | or bail bond, or,if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearestMagistrate having jurisdiction. 40.(1) Any private person may arrest or cause to be arrested any person who in his presence commits a nonbailable and cognizable offence, or any proclaimed offender, and,without unnecessary delay, but within six hours from such arrest, shall make over or causeto be made over any person so arrested to a police officer, or, in the absence of a policeofficer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of subsection ( 1) of section 35, a police officer shall take him in custody. (3) If there is reason to believe that he has committed a noncognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a nameor residence which such officer has reason to believe to be false, he shall be de |
, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of subsection ( 1) of section 35, a ... | , take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of subsection ( 1) of section 35, a police officer shall take him in custody. (3) If there is reason to believe that he has committed a noncognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a nameor residence which such officer has reason to believe to be false, he shall be dealt withunder the provisions of section 39; but if there is no sufficient reason to believe that he hascommitted any offence, he shall be at once released. 41.(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any personto arrest the offender, and may thereupon, subject to the provisions herein contained as tobail, commit the offender to custody. (2) Any Magistrate, whether Executive or J |
alt withunder the provisions of section 39; but if there is no sufficient reason to believe that he hascommitted any offence, he shall be at once released. 41.(1) When any offence is committed in the ... | alt withunder the provisions of section 39; but if there is no sufficient reason to believe that he hascommitted any offence, he shall be at once released. 41.(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any personto arrest the offender, and may thereupon, subject to the provisions herein contained as tobail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he iscompetent at the time and in the circumstances to issue a warrant. 42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything doneor purported to be done by him in the discharge of his official duties except after obtainingthe consent of the Central |
udicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he iscompetent at the time and in the circumstances to issue a warr... | udicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he iscompetent at the time and in the circumstances to issue a warrant. 42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything doneor purported to be done by him in the discharge of his official duties except after obtainingthe consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of subsection ( 1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may beserving, and thereupon the provisions of that subsection shall apply as if for the expressionCentral Government occurring therein, the expression State Government weresubstituted.Right ofarrestedperson tomeet anadvocate ofhis choicedur |
Government. (2) The State Government may, by notification, direct that the provisions of subsection ( 1) shall apply to such class or category of the members of the Force charged with the maintenance ... | Government. (2) The State Government may, by notification, direct that the provisions of subsection ( 1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may beserving, and thereupon the provisions of that subsection shall apply as if for the expressionCentral Government occurring therein, the expression State Government weresubstituted.Right ofarrestedperson tomeet anadvocate ofhis choiceduringinterrogation. Arrest on refusal to givename andresidence. Arrest by private personand procedureon such arrest. Arrest by Magistrate. Protection of members ofArmed Forcesfrom arrest. Sec. 1 THE GAZETTE OF INDIA EXTRAORDINARY 15 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ ________________________________ |
16 43.(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by w... | 16 43.(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall bepresumed and, unless the circumstances otherwise require or unless the police officeris a female, the police officer shall not touch the person of the woman for making herarrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect thearrest. (3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such personbefore the court who is a habitual or repeat offender, or who escaped from custody, orwho has comm |
not touch the person of the woman for making herarrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use a... | not touch the person of the woman for making herarrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect thearrest. (3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such personbefore the court who is a habitual or repeat offender, or who escaped from custody, orwho has committed offence of organised crime, terrorist act, drug related crime, orillegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting ofcoins and currencynotes, human trafficking, sexual offence against children, or offenceagainst the State. (4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (5) Save in exceptional circumstances, no woman shall be arrested after sunse |
itted offence of organised crime, terrorist act, drug related crime, orillegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting ofcoins and currencynotes, human trafficking... | itted offence of organised crime, terrorist act, drug related crime, orillegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting ofcoins and currencynotes, human trafficking, sexual offence against children, or offenceagainst the State. (4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officershall, by making a written report, obtain the prior permission of the Magistrate of thefirst class within whose local jurisdiction the offence is committed or the arrest is to bemade. 44.(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, oris within, any place, any person residing in |
t and before sunrise, and where such exceptional circumstances exist, the woman police officershall, by making a written report, obtain the prior permission of the Magistrate of thefirst class within ... | t and before sunrise, and where such exceptional circumstances exist, the woman police officershall, by making a written report, obtain the prior permission of the Magistrate of thefirst class within whose local jurisdiction the offence is committed or the arrest is to bemade. 44.(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, oris within, any place, any person residing in, or being in charge of, such place shall, ondemand of such person acting as aforesaid or such police officer, allow him free ingressthereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under subsection ( 1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant mayissue, but cannot be obtained without affording the person to be arrested an opportunity ofescape, for a police officer to |
, or being in charge of, such place shall, ondemand of such person acting as aforesaid or such police officer, allow him free ingressthereto, and afford all reasonable facilities for a search therein.... | , or being in charge of, such place shall, ondemand of such person acting as aforesaid or such police officer, allow him free ingressthereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under subsection ( 1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant mayissue, but cannot be obtained without affording the person to be arrested an opportunity ofescape, for a police officer to enter such place and search therein, and in order to effect anentrance into such place, to break open any outer or inner door or window of any house orplace, whether that of the person to be arrested or of any other person, if after notificationof his authority and purpose, and demand of admittance duly made, he cannot otherwiseobtain admittance Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does |
enter such place and search therein, and in order to effect anentrance into such place, to break open any outer or inner door or window of any house orplace, whether that of the person to be arrested ... | enter such place and search therein, and in order to effect anentrance into such place, to break open any outer or inner door or window of any house orplace, whether that of the person to be arrested or of any other person, if after notificationof his authority and purpose, and demand of admittance duly made, he cannot otherwiseobtain admittance Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public,such person or police officer shall, before entering such apartment, give notice to suchfemale that she is at liberty to withdraw and shall afford her every reasonable facility forwithdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or anyother person who, having lawfully entered for the purpose o |
not appear in public,such person or police officer shall, before entering such apartment, give notice to suchfemale that she is at liberty to withdraw and shall afford her every reasonable facility f... | not appear in public,such person or police officer shall, before entering such apartment, give notice to suchfemale that she is at liberty to withdraw and shall afford her every reasonable facility forwithdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or anyother person who, having lawfully entered for the purpose of making an arrest, is detainedtherein.Arrest howmade. Search of placeentered byperson soughtto be arrested. 16 THE GAZETTE OF INDIA EXTRAORDINARY Part II ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ _________________________________________________ |
17 45.A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 46.The person arrested shall not be sub... | 17 45.A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 46.The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 47. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a nonbailable offence, he shall inform the person arrested that he is entitled tobe released on bail and that he may arrange for sureties on his behalf. 48. (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person isbeing held to any of his relatives, friends or such other persons as may be disclosed ornominated by |
arrests without warrant any person other than a person accused of a nonbailable offence, he shall inform the person arrested that he is entitled tobe released on bail and that he may arrange for sure... | arrests without warrant any person other than a person accused of a nonbailable offence, he shall inform the person arrested that he is entitled tobe released on bail and that he may arrange for sureties on his behalf. 48. (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person isbeing held to any of his relatives, friends or such other persons as may be disclosed ornominated by the arrested person for the purpose of giving such information and also tothe designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under subsection ( 1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may,by rules, provide. (4) It shall be the duty of the Magistra |
the arrested person for the purpose of giving such information and also tothe designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under sub... | the arrested person for the purpose of giving such information and also tothe designated police officer in the district. (2) The police officer shall inform the arrested person of his rights under subsection ( 1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may,by rules, provide. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of subsection ( 2) and subsection ( 3) have been complied with in respect of such arrested person. 49.(1) Whenever, (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bailbut the person arrested cannot furnish bail; and (ii) a person is arrested without warrant, or by a private person under a warrant |
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