Code of Criminal Procedure 1973 (CRPC) FAQ, Answers & Guidance

CHAPTER I PRELIMINARY

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6 Classes of Criminal Courts

Section 7 Territorial divisions

Section 8 Metropolitan areas

Section 9 Court of Session

Section 10 Subordination of Assistant Sessions Judges

Section 11 Courts of Judicial Magistrates

Section 12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Section 13 Special Judicial Magistrates

Section 14 Local jurisdiction of Judicial Magistrates

Section 15 Subordination of Judicial Magistrates

Section 16 Courts of Metropolitan Magistrates

Section 17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

Section 18 Special Metropolitan Magistrates

Section 19 Subordination of Metropolitan Magistrates

Section 20 Executive Magistrates

Section 21 Special Executive Magistrates

Section 22 Local Jurisdiction of Executive Magistrates

Section 23 Subordination of Executive Magistrates

Section 24 Public Prosecutors

Section 25 Assistant Public prosecutors

Section 25A Directorate of Prosecution

CHAPTER III POWER OF COURTS

Section 26 Courts by which offences are triable

Section 27 Jurisdiction in the case of juveniles

Section 28 Sentences which High Courts and Sessions Judges may pass

Section 29 Sentences which Magistrates may pass

Section 30 Sentence of imprisonment in default of fine

Section 31 Sentence in cases of conviction of several offences at one trial

Section 32 Mode of conferring powers

Section 33 Powers of officers appointed

Section 34 Withdrawal of powers

Section 35 Powers of Judges and Magistrates exercisable by their successors-in-office

CHAPTER IV A.POWERS OF SUPERIOR OFFICERS OF POLICE

Section 36 Powers of superior officers of police

B. AID TO THE MAGISTRATES AND THE POLICE

Section 37, 38, 39 of CRPC Code of Criminal Procedure 1973 - Is public responsible to assist Magistrate and Police?

Section 40 Duty of officers employed in connection with the affairs of a village to make certain report

CHAPTER V ARREST OF PERSONS

Section 41A Notice of appearance before police officer

Section 41B Procedure of arrest and duties of officer making arrest

Section 41C Control room at districts

Section 41D Right of arrested person to meet an advocate of his choice during interrogation

Section 41, 42, 43, 44 of CRPC Code of Criminal Procedure 1973 - Can a person be arrested without warrant by Police? Yes. Arrest on refusal to give name and address, arrest by Private Persons, Arrest by Magistrate

Section 45 and 46 of Code of Criminal Procedure 1973 - What is Protection of members of the Armed Forces from arrest? Arrest how made?

Section 47 and 48 of Code of Criminal Procedure 1973 - What is Search of place entered by person sought to be arrested? What is Pursuit of offenders into other jurisdictions?

Section 50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person

Section 49, 50 and 51 of Code of Criminal Procedure 1973 - What is No unnecessary restraint? What is Person arrested to be informed of grounds of arrest and of right to bail? What is Search of arrested person?

Section 52, 53 and 54 of Code of Criminal Procedure 1973 - What is Power to seize offensive weapons? What is Examination of accused by medical practitioner at the request of police officer? What is Examination of arrested person by medical practitioner at the request of the arrested person?

Section 53A Examination of person accused of rape by medical practitioner

Section 55, 55A, 56 and 57 of Code of Criminal Procedure 1973 - What is Procedure when police officer deputes subordinate to arrest without warrant? What is Person arrested to be taken before Magistrate or officer in charge of police station? Person arrested not to be detained more than twenty-four hours?

Section 58, 59 60 and 60A of Code of Criminal Procedure 1973 - What is Police to report apprehensions? What is Discharge of person apprehended? What is Power, on escape, to pursue and retake?

CHAPTER VI PROCESSES TO COMPEL APPEARANCE

A. Summons

Section 61 Form of summons

Summons how served? Section 62 of CRPC. What are the modes of serving summon as per Code of Criminal Procedure 1973

How to serve Summons on Corporate Bodies and Societies? Section 63 of CRPC. What are the modes of serving summon to Companies, Body Corporate and Societies as per Code of Criminal Procedure 1973

How to serve Summons when persons to be summoned cannot be found? Section 64 of CRPC. Solutions when summons cannot be served due to the absence of persons to be summoned as per Code of Criminal Procedure 1973

Section 65, 66, 67, 68 and 69 of Code of Criminal Procedure 1973 - What are the Procedures when service cannot be effected as before provided? How to serve summon on Government? How to serve summon outside local limits? What is Proof of service in such cases and when serving officer not present? How to service summon to witness by post?

B. Warrant of arrest

Section 70, 71 and 72 of Code of Criminal Procedure 1973 - What is the form of Warrant? Who has the power to direct security to be taken? Warrants to whom directed?

Section 73, 74 and 75 of Code of Criminal Procedure 1973 - Whom warrant may be directed? Can warrant may be directed to any person? What is notification of substance of Warrant?

Section 76, 77 and 78 of Code of Criminal Procedure 1973 - When the person arrested to be brought before the court? Person arrested to be brought before Court without delay. Where Warrant may be executed? How to forward warrant for execution outside jurisdiction?

Section 79, 80 and 81 of Code of Criminal Procedure 1973 - What is Warrant directed to police officer for execution outside jurisdiction? What is the Procedure on arrest of person against whom warrant issued? What is the Procedure by Magistrate before whom such person arrested is brought?

C. Proclamation and attachment

What is Proclamation for person absconding? How it made? Section 82 of CRPC. Notice for PO as per Code of Criminal Procedure 1973

What is the procedure of attaching property of absconding person? Courts power to attach property of absconding persons as per Section 83 of CRPC

How claims and objections can be filed against attachment of property of absconding person? Procedure to file objections and claims as per Section 84 of CRPC

What is the procedure for release, sale and restoration of attached property under Section 83 of CRPC? Section 85 of CRPC. How to file appeal against rejection application for restoration of attached property- Section 86 of CRPC

D. Other rules regarding processes

Section 87, 88, 89 and 90 of Code of Criminal Procedure 1973 - What is Issue of warrant in lieu of, or in addition to, summons? What is Power to take bond for appearance? What is Arrest on breach of bond for appearance? What are the Provisions of this Chapter generally applicable to summonses and warrants of arrest?

CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A. Summons to produce

Section 91 and 92 of Code of Criminal Procedure 1973 - What is summon to produce document or other thing? What is procedure as to letters and telegrams

B. Search-warrants

Section 93 of Code of Criminal Procedure 1973 - When Search Warrant is to be issued?

Section 94 of Code of Criminal Procedure 1973 - What is Search of place suspected to contain stolen property forged documents etc

Section 95 of Code of Criminal Procedure 1973 - What is Power to declare certain publications forfeited and to issue search-warrants for the same?

Section 96 of Code of Criminal Procedure 1973 - What is Application to High Court to set aside declaration of forfeiture?

Section 97 and 98 of Code of Criminal Procedure 1973 - What is search for person wrongfully confined? What is power to compel restoration of abducted females?

C. General provisions relating to searches

Section 99, 100 and 101 of Code of Criminal Procedure 1973 - What is Direction, etc., of search-warrants? What is the responsibility of Persons in charge of closed place to allow search? What is Disposal of things found in search beyond jurisdiction?

D. Miscellaneous

Section 102, 103, 104 and 105 of Code of Criminal Procedure 1973 - What is Power of police officer to seize certain property? What is Magistrate may direct search in his presence? What is Power to impound document, etc., produced? What is Reciprocal arrangements regarding processes?

CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 105A Definitions

Section 105B Assistance in securing transfer of persons

Section 105C Assistance in relation to orders of attachment or forfeiture of property

Section 105D Identifying unlawfully acquired property

Section 105E Seizure or attachment of property

Section 105F Management of properties seized or forfeited under this Chapter

Section 105G Notice of forfeiture of property

Section 105H Forfeiture of property in certain cases

Section 105I Fine in lieu of forfeiture

Section 105J Certain transfers to be null and void

Section 105K Procedure in respect of letter of request

Section 105L Application of this Chapter

CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 106 and 107 of Code of Criminal Procedure 1973 - What is Security for keeping the peace on conviction? What is Security for keeping the peace in other cases?

Section 108 of Code of Criminal Procedure 1973 - What is Security for good behaviour from persons disseminating seditious matters?

Section 109, 110 and 111 of Code of Criminal Procedure 1973 - What is Security for good behaviour from suspected persons? What is Security for good behaviour from habitual offenders? What is the order to be made?

Section 112, 113 and 114 of Code of Criminal Procedure 1973 - What is Procedure in respect of person in Court? What is Summons or warrant in case of person not so present? What is Copy of order to accompany summons or warrant?

Section 115 of Code of Criminal Procedure 1973 - What is Power to dispense with personal attendance?

Section 116, 117 and 118 of Code of Criminal Procedure 1973 - What is Inquiry as to truth of information? What is Order to give security? What is Discharge of person informed against?

Section 119, 120 and 121 of Code of Criminal Procedure 1973 - What is Commencement of period for which security is required? What is Contents of bond? What is Power to reject sureties?

Section 122 of Code of Criminal Procedure 1973 - What is Imprisonment in default of security?

Section 123 and 124 of Code of Criminal Procedure 1973 - What is Power to release persons imprisoned for failing to give security? What is Security for unexpired period of bond?

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 125 and 126 of Code of Criminal Procedure 1973 - What is Order for maintenance of wives, children and parents? What is Procedure?

Section 127 and 128 of Code of Criminal Procedure 1973 - What is Alteration in allowance? What is Enforcement of order of maintenance?

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY

A. Unlawful assemblies

Section 129 and 130 of Code of Criminal Procedure 1973 - What is Dispersal of assembly by use of civil force? What is Use of armed forces to disperse assembly?

Section 131 and 132 of Code of Criminal Procedure 1973 - What is Power of certain armed force officers to disperse assembly? What is Protection against prosecution for acts done under preceding sections?

B. Public nuisances

Section 133 of Code of Criminal Procedure 1973 - What is Conditional order for removal of nuisance?

Section 134, 135 and 136 of Code of Criminal Procedure 1973 - What is Service or notification of order? Person to whom order is addressed to obey or show cause? What is the consequences of his failing to do so?

Section 137, 138 and 139 of Code of Criminal Procedure 1973 - What is Procedure where existence of public right is denied? Procedure where he appears to show cause? Power of Magistrate to direct local investigation and examination of an expert?

Section 140, 141 and 142 of Code of Criminal Procedure 1973 - What is Power of Magistrate to furnish written instructions, etc? What are the procedure on order being made absolute and consequences of disobedience? What is injunction pending inquiry?

C. Urgent cases of nuisance or apprehended danger

Section 143 and 144 of Code of Criminal Procedure 1973 - What is Magistrate may prohibit repetition or continuance of public nuisance? Power to issue order in urgent cases of nuisance or apprehended danger?

Section 144A Power to prohibit carrying arms in procession or mass drill or mass training with arms

D. Disputes as to immovable property

Section 145 of Code of Criminal Procedure 1973 What is Procedure where dispute concerning land or water is likely to cause breach of peace?

Section 146 Power to attach subject of dispute and to appoint receiver

Section 147 Dispute concerning right of use of land or water

Section 148 Local inquiry

CHAPTER XI PREVENTIVE ACTION OF THE POLICE

Section 149, 150 and 151 of Code of Criminal Procedure 1973 What is Police to prevent cognizable offences? What is information of design to commit cognizable offences? What is arrest to prevent the commission of cognizable offences?

Section 152 and 153 of Code of Criminal Procedure 1973 What is prevention of injury to public property? Inspection of weights and measures?

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 154 and 155 of Code of Criminal Procedure 1973 What is Information in cognizable cases? What is Information as to non-cognizable cases and investigation of such cases?

Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973 What is Police officers power to investigate cognizable case? Procedure for investigation? Report how submitted? Power to hold investigation or preliminary inquiry?

Section 160 of Code of Criminal Procedure 1973 - What is Police Officer's Power to summon witnesses under?. What are the conditions to issue Summon under section 160 of CRPC? What is the punishment for non Compliance of Summon Section 160 Summon?

Section 161 of Code of Criminal Procedure 1973 - What is Examination of Witness by Police?. What are the conditions for examinations of Witnesses by Police?

Section 162 of Code of Criminal Procedure 1973 - Is statement to Police to be signed? Statements of Police not to be signed

Section 163 and 164 of Code of Criminal Procedure 1973 - What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements?

Section 164A Medical examination of the victim of rape

Section 165 and 166 of Code of Criminal Procedure 1973 - What is Search by police officer? When officer in charge of police station may require another to issue search warrant?

Section 166a Letter of request to competent authority for investigation in a country or place outside India

Section 166b Letter of request from a country or place outside India to a Court or an authority for investigation in India

Section 167 of Code of Criminal Procedure 1973 - What is Procedure when investigation cannot be completed in twenty four hours?

Section 168, 169 and 170 of Code of Criminal Procedure 1973 - What is Report of investigation by subordinate police officer? What is Release of accused when evidence deficient? What are the Cases to be sent to Magistrate when evidence is sufficient?

Section 171 and 172 of Code of Criminal Procedure 1973 - Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. What is Diary of proceedings in investigation?

Section 173 of Code of Criminal Procedure 1973 - What is Report of police officer on completion of investigation?

Section 174 of Code of Criminal Procedure 1973 - Police to enquire and report on suicide, etc?

Section 175 and 176 of Code of Criminal Procedure 1973 - What is Power to summon persons? What is Inquiry by Magistrate into cause of death?

CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 177, 178 and 179 of Code of Criminal Procedure 1973 - What is Ordinary place of inquiry and trial? What is Place of inquiry or trial? What is Offence triable where act is done or consequence ensues?

Section 180, 181 and 182 of Code of Criminal Procedure 1973 - What is Place of trial where act is an offence by reason of relation to other offence? What is Place of trial in case of certain offences? What is place of trial for Offences committed by letters, etc?

Section 183, 184 and 185 of Code of Criminal Procedure 1973 - What is Offence committed on journey or voyage? What is Place of trial for offences triable together? What is Power to order cases to be tried in different sessions divisions?

Section 186 and 187 of Code of Criminal Procedure 1973- High Court to decide, in case of doubt, district where inquiry or trial shall take place? What is Power to issue summons or warrant for offence committed beyond local jurisdiction?

Section 188 and 189 of Code of Criminal Procedure 1973 - What is Offence committed outside India? When an offence is committed outside India? What is Receipt of evidence relating to offences committed outside India?

CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 190, 191 and 192 of Code of Criminal Procedure 1973 - What is Cognizance of offences by Magistrates? What is Transfer on application of the accused? What is Making over of cases to Magistrates?

Section 193, 194 and 195 of Code of Criminal Procedure 1973 - What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence?

Section 196 of Code of Criminal Procedure 1973 - What is Prosecution for offences against the State and for criminal conspiracy to commit such offence?

Section 197 of Code of Criminal Procedure 1973 - What is Prosecution of Judges and public servants?

Section 198 of Code of Criminal Procedure 1973 - What is Prosecution for offences against marriage?

Section 198A Prosecution of offences under section 498A of the Indian Penal Code

Section 198B Cognizance of offence

Section 199 of Code of Criminal Procedure 1973 - What is Prosecution for defamation? Who can initiate defamation proceedings?

CHAPTER XV COMPLAINTS TO MAGISTRATES

Section 200, 201, 202, 203 of Code of Criminal Procedure 1973 - What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint?

CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 204, 205 and 206 of Code of Criminal Procedure 1973 - What is Issue of process? Magistrate may dispense with personal attendance of accused, What is Special summons in cases of petty offence?

Section 207 and 208 of Code of Criminal Procedure 1973 - Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session.

Section 209 and 210 of Code of Criminal Procedure 1973 - What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?

CHAPTER XVII THE CHARGE

A. Form of charges

Section 211 of Code of Criminal Procedure 1973 - What are the contents of charge?

Section 212 and 213 of Code of Criminal Procedure 1973 - What are the Particulars as to time, place and person in case of charge? When manner of committing offence must be stated?

Words in charge taken in sense of law under which offence is punishable, What are the Effect of errors, What is the meaning of Court may alter charge? What is Recall of witnesses when charge altered? Section 214, 215, 216 and 217 of Code of Criminal Procedure 1973

B. Joinder of charges

Section 218 and 219 of Code of Criminal Procedure 1973 - What is separate charges for distinct offences? Three offences of same kind within year may be charged together.

Section 220 of Code of Criminal Procedure 1973 - What is Trial for more than one offence?

Section 221 and 222 of Code of Criminal Procedure 1973 - Where it is doubtful what offence has been committed. When offence proved included in offence charged?

Section 223 and 224 of Code of Criminal Procedure 1973 - What persons may be charged jointly? Withdrawal of remaining charges on conviction on one of several charges?

CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION

Section 225, 226, 227 and 228 of Code of Criminal Procedure 1973 - What is Trial to be conducted by Public Prosecutor? What is Opening case for prosecution? What is Discharge? What is Framing of charge?

Section 229,230,231 and 232 of Code of Criminal Procedure 1973- What is Conviction on plea of guilty, Date for prosecution, What is evidence, What is Evidence for prosecution? What is Acquittal?

Section 233, 234, 235 and 236 of Code of Criminal Procedure 1973 - What is Entering upon defence? What is Arguments in Criminal Case? What is Judgment of acquittal of conviction? What is the effect of Previous conviction?

Section 237 of Code of Criminal Procedure 1973 - What is Procedure in cases instituted under section 199(2)?

CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES

A. Cases instituted on a police report

Section 238, 239, 240 and 241 of Code of Criminal Procedure 1973 - What is Compliance with section 207? When accused shall be discharged? What is Framing of charge? What is Conviction on plea of guilty?

Section 242 and 243 of Code of Criminal Procedure 1973 - What is Evidence for prosecution? What is Evidence for defence?

B. Cases instituted otherwise than on police report

Section 244, 245, 246 and 247 of Code of Criminal Procedure 1973 - What is Evidence for prosecution? When accused shall be discharged? What is the procedure when Procedure where accused is not discharged? What is Evidence for Defence?

C. Conclusion of trial

Section 248, 249 and 250 of Code of Criminal Procedure 1973 - What is Acquittal or conviction? What is Absence of complainant? What is Compensation for accusation without reasonable cause?

CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES

Section 251, 252, 253 and 254 of Code of Criminal Procedure 1973 - Substance of accusation to be stated. What is conviction on plea of guilty? What is conviction on plea of guilty in absence of accused in petty cases? What is Procedure when not convicted?

Section 255 and 256 of Code of Criminal Procedure 1973 - What is Acquittal or conviction? Non-appearance or death of complainant.

Section 257, 258 and 259 of Code of Criminal Procedure 1973 - What is Withdrawal of complaint? What are the Power to stop proceedings in certain cases? What is the Power of Court to convert summons-cases into warrant-cases?

CHAPTER XXI SUMMARY TRIALS

Section 260 and 261 of Code of Criminal Procedure 1973 - What is Power to try summarily? What is Summary trial by Magistrate of the second class?

Section 262, 263, 264 and 265 of Code of Criminal Procedure 1973 - What is Procedure for summary trials? What is Record in summary trials? What is Judgment in cases tried summarily? What is Language of record and judgment?

CHAPTER XXIA PLEA BARGAINING

Plea Bargaining Chapter XXI-A of Code of Criminal Procedure 1973 - Sections 265A, 265B, 265C, 265D, 265E, 265F, 265G, 265H, 265I, 265J, 265K and 265L of CRPC

Section 265A Application of the Chapter

Section 265B Application for plea bargaining

Section 265C Guidelines for mutually satisfactory disposition

Section 265D Report of the mutually satisfactory disposition to be submitted before the Court

Section 265E Disposal of the case

Section 265F Judgment of the Court

Section 265G Finality of the judgment

Section 265H Power of the Court in plea bargaining

Section 265I Period of detention undergone by the accused to be set-off against the sentence of imprisonment

Section 265J Savings

Section 265K Statements of accused not to be used

Section 265L Non-application of the Chapter

Plea bargaining -Who can apply ? What are the contents of application? benefits of Plea bargaining? where to file application? What are the procedures and effects?

Please bargaining - Application under section 265-B of chapter XXIA CRPC in State Case for plea Bargaining and affidavit

Please bargaining - Application under section 265-B of chapter XXIA CRPC in Private Complaint Case for plea Bargaining and affidavit

CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Section 266, 267 and 268 of Code of Criminal Procedure 1973 - What is the meaning of Detained, prison? What is Power to require attendance of prisoner? What is Power of State Government to exclude certain persons from operation of Section 267?

Section 269, 270 and 271 of Code of Criminal Procedure 1973 - Officer in charge of prison to abstain from carrying out order in certain contingencies, Prisoner to be brought to Court in custody and Power to issue commission for examination of witness in prison.

CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS

A. Mode of taking and recording evidence

Section 272, 273, 274 and 275 of Code of Criminal Procedure 1973 - What is Language of Courts? Evidence to be taken in presence of accused What is Record in summons-cases and inquiries? What is Record in warrant-cases?

Section 276, 277 and 278 of Code of Criminal Procedure 1973 - Record in trial before Court of Session? What is Language of record of evidence? What is Procedure in regard to such evidence when completed?

Section 279, 280 and 281 of Code of Criminal Procedure 1973 - What is Interpretation of evidence to accused or his pleader? Remarks respecting demeanour of witness and What is Record of examination of accused?

Section 282, 283 and 284 of Code of Criminal Procedure 1973 - Interpreter to be bound to interpret truthfully. What is Record in High Court? When attendance of witness may be dispensed with and commission issued?

B. Commissions for the examination of witnesses

Section 285, 286 and 287 of Code of Criminal Procedure 1973 - Commission to whom to be issued? Execution of commissions. Parties may examine witnesses

Section 288, 289 and 290 of Code of Criminal Procedure 1973 - Return of Commission, Adjournment of proceeding and Execution of foreign commissions.

Section 291A Identification report of Magistrate

Section 291, 292 and 293 of Code of Criminal Procedure 1973 - What is Deposition of medical witness? What is Evidence of Officers of the Mint? What is Reports of certain Government scientific experts?

Section 294, 295 and 296 of Code of Criminal Procedure 1973 - No formal proof of certain documents, What is affidavit in proof of conduct of public servant? What is evidence of formal character on affidavit?

Section 297, 298 and 299 of Code of Criminal Procedure 1973 - What are the authorities before whom affidavits may be sworn? Previous conviction or acquittal how proved? What is record of evidence in absence of accused?

CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 300 of Code of Criminal Procedure 1973 - Person once convicted or acquitted not to be tried for same offence?

Section 301 and 302 of Code of Criminal Procedure 1973 - Appearance by Public Prosecutors, What is permission to conduct prosecution?

Section 303 and 304 of Code of Criminal Procedure 1973 - What are the Rights of person against whom proceedings instituted to be defended? What is Legal aid to accused at State expense in certain cases?

Section 305 of Code of Criminal Procedure 1973 - What is the procedure when corporation or registered society is an accused?

Section 306 and 307 of Code of Criminal Procedure 1973 - What is Tender of pardon to accomplice? Who has power to direct tender of pardon?

Section 308 and 309 of Code of Criminal Procedure 1973 - What is Trial of person not complying with conditions of pardon? What is Power to postpone or adjourn proceedings?

Section 310, 311 and 312 of Code of Criminal Procedure 1973 - What is Local Inspection? What is power to summon material witness, or examine Person? What is present Expenses of complainants and witnesses?

Section 311A Power of Magistrate to order person to give specimen signatures or handwriting

Section 313 and 314 of Code of Criminal Procedure 1973 - What is Power to examine the accused? What is Oral arguments and memorandum of arguments?

Section 315, 316 and 317 of Code of Criminal Procedure 1973 - What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases?

Section 318 and 319 of Code of Criminal Procedure 1973 - What is the Procedure where accused does not understand proceedings? What is Power to proceed against other persons appearing to be guilty of offence?

Section 320 of Code of Criminal Procedure 1973 - What are the compoundable offences under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of Indian Penal Code

Section 320 of Code of Criminal Procedure 1973 - Offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table.

Section 321 of Code of Criminal Procedure 1973 - What is Withdrawal from prosecution?

Section 322 and 323 of Code of Criminal Procedure 1973 - What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed?

Section 324 and 325 of Code of Criminal Procedure 1973 - How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe?

Section 326 and 327 of Code of Criminal Procedure 1973 - Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Court to be open.

CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Section 328, 329 and 330 of Code of Criminal Procedure 1973 - What is the Procedure in case of accused being lunatic? What is the Procedure in case of person of unsound mind tried before Court? Release of lunatic pending investigation or trial

Section 331, 332 and 333 of Code of Criminal Procedure 1973 - What is Resumption of inquiry or trial? What is Procedure on accused appearing before Magistrate or Court? When accused appears to have been of sound mind?

Section 334, 335 and 336 of Code of Criminal Procedure 1973 - What is Judgment of acquittal on ground of unsoundness of mind? What is the meaning of Person acquitted on such ground to be detained in safe custody? What is Power of State Government to empower officer-in-charge to discharge?

Section 337, 338 and 339 of Code of Criminal Procedure 1973 - What is Procedure where lunatic prisoner is reported capable of making his defence? What is the Procedure where lunatic detained is declared fit to be released? Delivery of lunatic to care of relative or friend.

CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 340, 341 and 342 of Code of Criminal Procedure 1973 - What is the Procedure in cases mentioned in Section 195? Appeal What is the Power to order costs?

Section 343 and 344 of Code of Criminal Procedure 1973 - What is the Procedure of Magistrate taking cognizance? What is Summary procedure for trial for giving false evidence?

Section 345 and 346 of Code of Criminal Procedure 1973 - What is the Procedure in certain cases of contempt? What is the Procedure where Court considers that case should not be dealt with under Section 345?

Section 347, 348 and 349 of Code of Criminal Procedure 1973 - When Registrar or Sub-Registrar to be deemed a Civil Court? What is discharge of offender on submission apology? What is imprisonment or committal of person refusing to answer or produce document?

Section 350, 351 and 352 of Code of Criminal Procedure 1973 - What is summary procedure for punishment for non-attendance by a witness in obedience to summons? What is appeals from convictions under Sections 344, 345, 349 and 350? What is the meaning of certain Judges and Magistrates not to try certain offences when committed before themselves?

CHAPTER XXVII THE JUDGMENT

Section 353 and 354 of Code of Criminal Procedure 1973 - What is Judgment? What should be Language and contents of judgment?

Section 355 and 356 of Code of Criminal Procedure 1973 - What is Metropolitan Magistrate's judgment? What is Order for notifying address of previously convicted offender?

Section 357 of Code of Criminal Procedure 1973 - What is Order to pay compensation?

What is Victim Compensation Scheme Section 357A of Code of Criminal Procedure 1973

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

Section 357C Treatment of victims

Section 358 and 359 of Code of Criminal Procedure 1973 - What is compensation to persons groundlessly arrested? What is order to pay costs in non-cognizable cases?

Section 360 of Code of Criminal Procedure 1973 - What is order to release on probation of good conduct or after admonition?

Section 361, 362 and 363 of Code of Criminal Procedure 1973 - What is Special reasons to be recorded in certain cases? Court not to alter judgment, Copy of judgment to be given to the accused and other persons.

Section 364 and 365 of Code of Criminal Procedure 1973 - Judgment when to be translated? Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

Section 366 and 367 of Code of Criminal Procedure 1973 - Sentence of death to be submitted by Court of Session for confirmation. What is Power to direct further inquiry to be made or additional evidence to be taken?

Section 368, 369, 370 and 371 of Code of Criminal Procedure 1973 - What is the Power of High Court to confirm sentence or annul conviction, What is Confirmation or new sentence to be signed by two Judges, What is Procedure in case of difference of opinion? What is Procedure in cases submitted to High Court for confirmation?

CHAPTER XXIX APPEALS

Section 372, 373 and 374 of Code of Criminal Procedure 1973 - No appeal to lie unless otherwise provided. What is appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour? What is the rule for appeals from convictions?

Section 375 and 376 of Code of Criminal Procedure 1973 - No appeal in certain cases when accused pleads guilty, No appeal in petty cases.

Section 377 and 378 of Code of Criminal Procedure 1973 - What is appeal by the State Government against sentence? What is appeal in case of acquittal?

Section 379, 380, 381 and 382 of Code of Criminal Procedure 1973 - What is appeal against conviction by High Court in certain cases? What is Special right of appeal in certain cases? What is appeal to Court of Session? how heard Petition of appeal?

Section 383, 384 and 385 of Code of Criminal Procedure 1973 - What is the procedure when appellant in jail? What is summary dismissal of appeal? What is the procedure for hearing appeals not dismissed summarily?

Section 386 and 387 of Code of Criminal Procedure 1973 - What are powers of the Appellate Court? What are judgment of Subordinate Appellate Court?

Section 388 and 389 of Code of Criminal Procedure 1973 - Order of High Court on appeal to be certified to lower Court? What is suspension of sentence pending the appeal; release of appellant on bail?

Section 390 and 391 of Code of Criminal Procedure 1973 - What is arrest of accused in appeal from acquittal? Appellate Court may take further evidence or direct it to be taken?

Section 392, 393 and 394 of Code of Criminal Procedure 1973 - What is Procedure where Judges of Court of Appeal are equally divided? What is Finality of judgment and orders on appeal? What is Abatement of appeals?

CHAPTER XXX REFERENCE AND REVISION

Section 395, 396 and 397 of Code of Criminal Procedure 1973 - What is Reference to High Court? What is Disposal of case according to decision of High Court? What is calling for records to exercise powers of revision?

Section 398, 399 and 400 of Code of Criminal Procedure 1973 - What is Power to order inquiry? What is Sessions Judge's powers of revision? What is Power of Additional Sessions Judge?

Section 401 and 402 of Code of Criminal Procedure 1973 - What is High Court's powers of revision? What is Power of High Court to withdraw or transfer revision cases?

Section 403, 404 and 405 of Code of Criminal Procedure 1973 - What is option of Court to hear parties? What is statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court? What is High Court's order to be certified to lower Court?

CHAPTER XXXI TRANSFER OF CRIMINAL CASES

Section 406 and 407 of Code of Criminal Procedure 1973 - What is Power of Supreme Court to transfer cases and appeals? What is Power of High Court to transfer cases and appeals?

Section 408 and 409 of Code of Criminal Procedure 1973 - What is Power of Sessions Judge to transfer cases and appeals? What is Withdrawal of cases and appeals by Session Judge?

Section 410, 411 and 412 of Code of Criminal Procedure 1973 - What is Withdrawal of cases by Judicial Magistrate? What is Making over or withdrawal of cases by Executive Magistrates? Reasons to be recorded

CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A. Death Sentences

Section 413, 414, 415 and 416 of Code of Criminal Procedure 1973 - What is Execution of order passed under Section 368? What is Execution of sentence of death passed by High Court? What is Postponement of execution of sentence of death in case of appeal to Supreme Court? What is Postponement of capital sentence on pregnant woman?

B. Imprisonment

Section 417, 418, 419 and 420 of Code of Criminal Procedure 1973 - What is Power to appoint place of imprisonment? What is Execution of sentence of imprisonment? What is Direction of warrant for execution? Warrant with whom to be lodged?

C. Levy of fine

Section 421 and 422 of Code of Criminal Procedure 1973 - What is Warrant for levy of fine? What is the Effect of such warrant?

Section 423 and 424 of Code of Criminal Procedure 1973 - What is Warrant for levy of fine issued by a Court in any territory to which this Code does not extend? What is Suspension of execution of sentence of imprisonment?

D. General provisions regarding execution

Section 425, 426 and 427 of Code of Criminal Procedure 1973 - Who may issue warrant? What is Sentence on escaped convict when to take effect? What is Sentence on offender already sentenced for another offence?

Section 428, 429, 430 and 431 of Code of Criminal Procedure 1973 - Period of detention undergone by the accuser to be set off against the sentence of imprisonment, What is Saving? What is Return of warrant on execution of sentence? What is Money ordered to be paid recoverable as a fine?

E. Suspension, remission and commutation of sentences

Section 432 and 433 of Code of Criminal Procedure 1973 - What is Power to suspend or remit sentences? What is Power to commute sentence?

Section 433a, 434 and 435 of Code of Criminal Procedure 1973 - What is Restriction on powers of remission or commutation in certain cases? What is Concurrent power of Central Government in case of death sentences? What is the meaning of State Government to act after consultation with Central Government in certain cases?

CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS

Section 436 and 437 of Code of Criminal Procedure 1973 - In what cases bail to be taken? When bail may be taken in case of non bailable offence?

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

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

Section 438 of Code of Criminal Procedure 1973 - What is direction for grant of bail to person apprehending arrest?

Section 439 of Code of Criminal Procedure 1973 - What is Special powers of High Court or Court of Sessions regarding bail?

Section 440, 441, 441A and 442 of Code of Criminal Procedure 1973 - What is Amount of bond and reduction thereof? What is Bond of accused and sureties? What is Discharge from custody?

Section 443, 444 and 445 of Code of Criminal Procedure 1973 - What is Power to order sufficient bail when that first taken is insufficient? What is Discharge of sureties? What is Deposit instead of recognisance?

Section 446 and 446A of Code of Criminal Procedure 1973 - What is the Procedure when bond has been forfeited? What is Cancellation of bond and bail bond?

Section 447, 448, 449 and 450 of Code of Criminal Procedure 1973 - What is the Procedure in case of insolvency of death of surety or when a bond is forfeited? When Bond required from minor? What is the procedure in Appeal from orders under Section 446? What is Power to direct levy of amount due on certain recognizances?

CHAPTER XXXIV DISPOSAL OF PROPERTY

Section 451 and 452 of Code of Criminal Procedure 1973 - What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial?

Section 453, 454 and 455 of Code of Criminal Procedure 1973 - What is Payment to innocent purchaser of money found on accused? What is Appeal against orders under Section 452 or Section 453? What is destruction of libelous and other matter?

Section 456 and 457 of Code of Criminal Procedure 1973 - What is Power to restore possession of immovable property? What is the Procedure by police upon Seizure of property?

Section 458 and 459 of Code of Criminal Procedure 1973 - What is Procedure where no claimant appears within six months? What is Power to sell perishable property?

CHAPTER XXXV IRREGULAR PROCEEDINGS

Section 460 and 461 of Code of Criminal Procedure 1973 - What are the irregularities which do not vitiate proceedings? What are the irregularities which vitiate proceedings?

Section 462, 463 and 464 of Code of Criminal Procedure 1973 - What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge?

Section 465 and 466 of Code of Criminal Procedure 1973- What is Finding or sentence when reversible by reason of error, omission or irregularity? What is defect or error not to make attachment unlawful?

CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 467, 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973 - What is the limitation period for taking cognizance of offences under CRPC?

CHAPTER XXXVII MISCELLANEOUS

Section 474 and 475 of Code of Criminal Procedure 1973 - What is Trials before High Courts? What is Delivery to commanding officers of persons liable to be tried by Court-martial?

Section 476, 477 and 478 of Code of Criminal Procedure 1973 - What is Forms? What are the Power of High Court to make rules? What is Power to alter functions allocated to Executive Magistrate in certain cases?

Section 479, 480 and 481 of Code of Criminal Procedure 1973 - What is the procedure for case in which Judge or Magistrate is personally interested? Practicing pleader not to sit as Magistrate in certain Courts? Public servant concerned in sale not purchase or bid for property?

Section 482, 483 and 484 of Code of Criminal Procedure 1973 - What is Saying of inherent powers of High Court? What is Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates? What is Repeal and savings?

Code of Criminal Procedure 1973 (CRPC) FAQ, Answers & Guidance

CrPC forms under Schedule 2