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Bharatiya Nagarik Suraksha Sanhita, 2023 |
Code of Criminal Procedure, 1973 |
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CHAPTER I PRELIMINARY |
CHAPTER I PRELIMINARY |
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1. Short title, extent and commencement. |
1. Short title, extent and commencement |
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2. Definitions.(Change) |
2. Definitions. |
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3. Construction of references. |
3. Construction of references. |
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4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. |
4. Trial of offences under the Indian Penal Code and other laws. |
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5. Saving. |
5. Saving. |
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CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES |
CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES |
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6. Classes of Criminal Courts. |
6. Classes of Criminal Courts. |
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7. Territorial divisions. |
7. Territorial divisions. |
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Deleted |
8. Metropolitan areas. |
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8. Court of Session(Change) |
9. Court of Session. |
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Deleted |
10. Subordination of Assistant Sessions Judges. |
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9. Courts of Judicial Magistrates.
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11. Courts of Judicial Magistrates. |
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10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
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12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. |
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11. Special Judicial Magistrates (Change) |
13. Special Judicial Magistrates. |
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12. Local Jurisdiction of Judicial Magistrates.(Change) |
14. Local jurisdiction of Judicial Magistrates. |
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13. Subordination of Judicial Magistrates. |
15. Subordination of Judicial Magistrates. |
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Deleted |
16. Courts of Metropolitan Magistrates. |
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Deleted |
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. |
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Deleted |
18. Special Metropolitan Magistrates. |
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Deleted |
19. Subordination of Metropolitan Magistrates. |
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14. Executive Magistrates.(Change) |
20. Executive Magistrates. |
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15. Special Executive Magistrates.(Change) |
21. Special Executive Magistrates. |
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16. Local Jurisdiction of Executive Magistrates. |
22. Local Jurisdiction of Executive Magistrates. |
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17. Subordination of Executive Magistrates |
23. Subordination of Executive Magistrates. |
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18. Public Prosecutors.(Change) |
24. Public Prosecutors. |
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19. Assistant Public Prosecutors(Change) |
25. Assistant Public prosecutors. |
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20. Directorate of Prosecution.(Change) |
25A. Directorate of Prosecution. |
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CHAPTER III POWER OF COURTS |
CHAPTER III POWER OF COURTS |
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21. Courts by which offences are triable. |
26. Courts by which offences are triable. |
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Deleted |
27. Jurisdiction in the case of juveniles. |
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22. Sentences which High Courts and Sessions Judges may pass.(Change)
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28. Sentences which High Courts and Sessions Judges may pass. |
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23. Sentences which Magistrates may pass (Change) |
29. Sentences which Magistrates may pass. |
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24. Sentence of imprisonment in default of fine. |
30. Sentence of imprisonment in default of fine. |
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25. Sentence in cases of conviction of several offences at one trial.(Change) |
31. Sentence in cases of conviction of several offences at one trial. |
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26. Mode of conferring powers. |
32. Mode of conferring powers. |
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27. Powers of officers appointed. |
33. Powers of officers appointed. |
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28. Withdrawal of powers. |
34. Withdrawal of powers. |
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29. Powers of Judges and Magistrates exercisable by their successors-in-office.(Change) |
35. Powers of Judges and Magistrates exercisable by their successors-in-office. |
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CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE |
CHAPTER IV A.–POWERS OF SUPERIOR OFFICERS OF POLICE B.–AID TO THE MAGISTRATES AND THE POLICE |
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30. Powers of superior officers of police. |
36. Powers of superior officers of police. |
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31. Public when to assist Magistrates and police. |
37. Public when to assist Magistrates and police. |
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32. Aid to person, other than police officer, executing warrant. |
38. Aid to person, other than police officer, executing warrant. |
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33. Public to give information of certain offences. |
39. Public to give information of certain offences. |
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34. Duty of officers employed in connection with affairs of a village to make certain report. |
40. Duty of officers employed in connection with the affairs of a village to make certain report. |
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CHAPTER V ARREST OF PERSONS |
CHAPTER V ARREST OF PERSONS |
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35. When police may arrest without warrant (Change) 35(1) |
41. When police may arrest without warrant. |
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35(2) |
41(2) |
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35(3), 35(4) 35(5), 35(6) |
41A Notice of appearance before police officer |
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35(7) |
New Sub-Section |
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36. Procedure of arrest and duties of officer making arrest. |
41B. Procedure of arrest and duties of officer making arrest. |
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37. Designated police officer.(Change) |
41C. Control room at districts. |
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38. Right of arrested person to meet an advocate of his choice during interrogation. |
41D. Right of arrested person to meet an advocate of his choice during interrogation. |
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39. Arrest on refusal to give name and residence.(Change) |
42. Arrest on refusal to give name and residence. |
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40. Arrest by private person and procedure on such arrest.(Change) |
43. Arrest by private person and procedure on such arrest. |
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41. Arrest by Magistrate. |
44. Arrest by Magistrate. |
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42. Protection of members of Armed Forces from arrest. |
45. Protection of members of the Armed Forces from arrest. |
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43. Arrest how made. (Change) |
46. Arrest how made. |
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43(1) |
46(1) |
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43(2) |
46(2) |
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43(3) |
New Sub-Section |
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43(4) |
46(3) |
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43(5) |
46(4) |
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44. Search of place entered by person sought to be arrested |
47. Search of place entered by person sought to be arrested. |
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45. Pursuit of offenders into other jurisdictions. |
48. Pursuit of offenders into other jurisdictions. |
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46. No unnecessary restraint. |
49. No unnecessary restraint. |
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47. Person arrested to be informed of grounds of arrest and of right to bail. |
50. Person arrested to be informed of grounds of arrest and of right to bail. |
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48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.(Change) |
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. |
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49. Search of arrested person. |
51. Search of arrested person. |
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50. Power to seize offensive weapons.(Change) |
52. Power to seize offensive weapons. |
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51. Examination of accused by medical practitioner at request of police officer. (Change) |
53. Examination of accused by medical practitioner at the request of police officer. |
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51(1) |
53(1) |
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51(2) |
53(2) |
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51(3) |
New Sub-section |
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52. Examination of person accused of rape by medical practitioner.(Change) |
53A. Examination of person accused of rape by medical practitioner. |
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53. Examination of arrested person by medical officer. |
54. Examination of arrested person by medical officer. |
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54. Identification of person arrested.(Change) |
54A. Identification of person arrested. |
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55. Procedure when police officer deputes subordinate to arrest without warrant. |
55. Procedure when police officer deputes subordinate to arrest without warrant. |
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56. Health and safety of arrested person. |
55A. Health and safety of arrested person. |
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57. Person arrested to be taken before Magistrate or officer in charge of police station. |
56. Person arrested to be taken before Magistrate or officer in charge of police station. |
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58. Person arrested not to be detained more than twenty-four hours.(Change) |
57. Person arrested not to be detained more than twenty-four hours. |
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59. Police to report apprehensions. |
58. Police to report apprehensions. |
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60. Discharge of person apprehended.(Change) |
59. Discharge of person apprehended. |
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61. Power, on escape, to pursue and retake. |
60. Power, on escape, to pursue and retake. |
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62. Arrest to be made strictly according to Sanhita. |
60A. Arrest to be made strictly according to the Code. |
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CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.—Summons |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.–Summons |
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63. Form of summons.(Change) 63(ii) |
61. Form of summons. |
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64. Summons how served.(Change) |
62. Summons how served. |
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65. Service of summons on corporate bodies, firms, and societies.(Change) 65(1)(Change) |
63. Service of summons on corporate bodies and societies. |
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65(2) |
New Sub-Section |
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66. Service when persons summoned cannot be found. |
64. Service when persons summoned cannot be found. |
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67. Procedure when service cannot be effected as before provided. |
65. Procedure when service cannot be effected as before provided. |
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68. Service on Government servant. |
66. Service on Government servant. |
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69. Service of summons outside local limits. |
67. Service of summons outside local limits. |
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70. Proof of service in such cases and when serving officer not present. (Change) |
68. Proof of service in such cases and when serving officer not present. |
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70(1) |
68 (1) |
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70(2) |
68(2) |
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70(3) |
New Sub-Section
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71. Service of summons on witness.(Change) |
69. Service of summons on witness by post. |
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B.—Warrant of arrest |
B.—Warrant of arrest |
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72. Form of warrant of arrest and duration. |
70. Form of warrant of arrest and duration. |
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73. Power to direct security to be taken.(Change) |
71. Power to direct security to be taken. |
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74. Warrants to whom directed. |
72. Warrants to whom directed. |
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75. Warrant may be directed to any person. |
73. Warrant may be directed to any person. |
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76. Warrant directed to police officer. |
74. Warrant directed to police officer. |
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77. Notification of substance of warrant. |
75. Notification of substance of warrant. |
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78. Person arrested to be brought before Court without delay. |
76. Person arrested to be brought before Court without delay. |
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79. Where warrant may be executed. |
77. Where warrant may be executed. |
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80. Warrant forwarded for execution outside jurisdiction. |
78. Warrant forwarded for execution outside jurisdiction. |
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81. Warrant directed to police officer for execution outside jurisdiction. |
79. Warrant directed to police officer for execution outside jurisdiction. |
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82. Procedure on arrest of person against whom warrant issued. (Change) 82(1) |
80. Procedure on arrest of person against whom warrant issued. |
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82(2) |
New Sub-Section |
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83. Procedure by Magistrate before whom such person arrested is brought.(Change) |
81. Procedure by Magistrate before whom such person arrested is brought. |
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C.—Proclamation and attachment |
C.—Proclamation and attachment |
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84. Proclamation for person absconding.(Change) |
82. Proclamation for person absconding. |
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85. Attachment of property of person absconding. |
83. Attachment of property of person absconding. |
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86. Identification and attachment of property of proclaimed person. |
New Section |
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87. Claims and objections to attachment. |
84. Claims and objections to attachment. |
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88. Release, sale and restoration of attached property. |
85. Release, sale and restoration of attached property. |
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89. Appeal from order rejecting application for restoration of attached property. |
86. Appeal from order rejecting application for restoration of attached property. |
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D.—Other rules regarding processes |
D.—Other rules regarding processes |
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90. Issue of warrant in lieu of, or in addition to, summons. |
87. Issue of warrant in lieu of, or in addition to, summons. |
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91. Power to take bond or bail bond for appearance.(Change) |
88. Power to take bond for appearance. |
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92. Arrest on breach of bond or bail bond for appearance.(Change) |
89. Arrest on breach of bond for appearance. |
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93. Provisions of this Chapter generally applicable to summonses and warrants of arrest. |
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest. |
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CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.- Summons to produce |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.- Summons to produce |
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94. Summons to produce document or other thing.(Change) |
91. Summons to produce document or other thing. |
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95. Procedure as to letters.(Change) |
92. Procedure as to letters and telegrams. |
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B.—Search-warrants |
B.—Search-warrants |
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96. When search-warrant may be issued.(Change) |
93. When search-warrant may be issued. |
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97. Search of place suspected to contain stolen property, forged documents, etc.(Change) |
94. Search of place suspected to contain stolen property, forged documents, etc. |
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98. Power to declare certain publications forfeited and to issue search-warrants for same. |
95. Power to declare certain publications forfeited and to issue search-warrants for same. |
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99. Application to High Court to set aside declaration of forfeiture. |
96. Application to High Court to set aside declaration of forfeiture. |
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100. Search for persons wrongfully confined. |
97. Search for persons wrongfully confined. |
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101. Power to compel restoration of abducted females.(Change) |
98. Power to compel restoration of abducted females. |
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C.- General provisions relating to searches |
C.- General provisions relating to searches |
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102. Direction, etc., of search- warrants. |
99. Direction, etc., of search- warrants. |
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103. Persons in charge of closed place to allow search. |
100. Persons in charge of closed place to allow search. |
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104. Disposal of things found in search beyond jurisdiction. |
101. Disposal of things found in search beyond jurisdiction. |
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D.—Miscellaneous |
D.—Miscellaneous |
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105. Recording of search and seizure through audio-video electronic means. |
New Section |
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106. Power of police officer to seize certain property. |
102. Power of police officer to seize certain property. |
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107. Attachment, forfeiture or restoration of property. |
New Section |
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108. Magistrate may direct search in his presence. |
103. Magistrate may direct search in his presence. |
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109. Power to impound document, etc., produced. |
104. Power to impound document, etc., produced. |
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110. Reciprocal arrangements regarding processes. |
105. Reciprocal arrangements regarding processes. |
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CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY |
CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY |
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111. Definitions. |
105A. Definitions. |
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112. Letter of request to competent authority for investigation in a country or place outside India. |
166A. Letter of request to competent authority for investigation in a country or place outside India. |
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113. Letter of request from a country or place outside India to a Court or an authority for investigation in India.(Change) |
166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India. |
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114. Assistance in securing transfer of persons. |
105B. Assistance in securing transfer of persons. |
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115. Assistance in relation to orders of attachment or forfeiture of property. |
105C. Assistance in relation to orders of attachment or forfeiture of property. |
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116. Identifying unlawfully acquired property. |
105D. Identifying unlawfully acquired property. |
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117. Seizure or attachment of property. |
105E. Seizure or attachment of property. |
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118. Management of properties seized or forfeited under this Chapter. |
105F. Management of properties seized or forfeited under this Chapter. |
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119. Notice of forfeiture of property. |
105G. Notice of forfeiture of property. |
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120. Forfeiture of property in certain cases |
105H. Forfeiture of property in certain cases |
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121. Fine in lieu of forfeiture. |
105-I. Fine in lieu of forfeiture. |
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122. Certain transfers to be null and void. |
105J. Certain transfers to be null and void. |
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123. Procedure in respect of letter of request. |
105K. Procedure in respect of letter of request. |
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124. Application of this Chapter. |
105L. Application of this Chapter. |
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CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR |
CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR |
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125. Security for keeping peace on conviction.(Change) |
106. Security for keeping peace on conviction. |
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126. Security for keeping peace in other cases.(Change) |
107. Security for keeping peace in other cases. |
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127. Security for good behaviour from persons disseminating certain matters.(Change) |
108. Security for good behaviour from persons disseminating seditious matters. |
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128. Security for good behaviour from suspected persons.(Change) |
109. Security for good behaviour from suspected persons. |
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129. Security for good behaviour from habitual offenders.(Change) |
110. Security for good behaviour from habitual offenders. |
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130. Order to be made.(Change) |
111. Order to be made. |
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131. Procedure in respect of person present in Court. |
112. Procedure in respect of person present in Court. |
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132. Summons or warrant in case of person not so present. |
113. Summons or warrant in case of person not so present. |
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133. Copy of order to accompany summons or warrant. |
114. Copy of order to accompany summons or warrant. |
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134. Power to dispense with personal attendance.(Change) |
115. Power to dispense with personal attendance. |
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135. Inquiry as to truth of information.(Change) |
116. Inquiry as to truth of information. |
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136. Order to give security.(Change) |
117. Order to give security. |
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137. Discharge of person informed against. |
118. Discharge of person informed against. |
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138. Commencement of period for which security is required. |
119. Commencement of period for which security is required. |
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139. Contents of bond.(Change) |
120. Contents of bond. |
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140. Power to reject sureties.(Change) |
121. Power to reject sureties. |
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141. Imprisonment in default of security.(Change) |
122. Imprisonment in default of security. |
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142. Power to release persons imprisoned for failing to give security. |
123. Power to release persons imprisoned for failing to give security. |
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143. Security for unexpired period of bond.(Change) |
124. Security for unexpired period of bond. |
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CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS |
CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS |
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144. Order for maintenance of wives, children and parents. |
125. Order for maintenance of wives, children and parents. |
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145. Procedure. |
126. Procedure. |
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146. Alteration in allowance. |
127. Alteration in allowance. |
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147. Enforcement of order of maintenance. |
128. Enforcement of order of maintenance. |
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CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.—Unlawful assemblies |
CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.–Unlawful assemblies |
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148. Dispersal of assembly by use of civil force.(Change) |
129. Dispersal of assembly by use of civil force. |
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149. Use of armed forces to disperse assembly.(Change) |
130. Use of armed forces to disperse assembly. |
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150. Power of certain armed force officers to disperse assembly. |
131. Power of certain armed force officers to disperse assembly. |
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151. Protection against prosecution for acts done under sections 148, 149 and 150. |
132. Protection against prosecution for acts done under preceding sections. |
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B.—Public nuisances |
B.—Public nuisances |
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152. Conditional order for removal of nuisance. |
133. Conditional order for removal of nuisance. |
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153. Service or notification of order. |
134. Service or notification of order. |
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154. Person to whom order is addressed to obey or show cause.(Change) |
135. Person to whom order is addressed to obey or show cause. |
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155. Penalty for failure to comply with section 154. |
136. Consequences of his failing to do so. |
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156. Procedure where existence of public right is denied. |
137. Procedure where existence of public right is denied. |
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157. Procedure where person against whom order is made under section 152 appears to show cause.(Change) |
138. Procedure where he appears to show cause. |
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158. Power of Magistrate to direct local investigation and examination of an expert. |
139. Power of Magistrate to direct local investigation and examination of an expert. |
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159. Power of Magistrate to furnish written instructions, etc. |
140. Power of Magistrate to furnish written instructions, etc. |
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160. Procedure on order being made absolute and consequences of disobedience. |
141. Procedure on order being made absolute and consequences of disobedience. |
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161. Injunction pending inquiry. |
142. Injunction pending inquiry. |
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162. Magistrate may prohibit repetition or continuance of public nuisance.(Change) |
143. Magistrate may prohibit repetition or continuance of public nuisance. |
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C.—Urgent cases of nuisance or apprehended danger |
C.—Urgent cases of nuisance or apprehended danger |
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163. Power to issue order in urgent cases of nuisance or apprehended danger. |
144. Power to issue order in urgent cases of nuisance or apprehended danger. |
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Deleted |
144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms. |
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D.—Disputes as to immovable property |
D.—Disputes as to immovable property |
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164. Procedure where dispute concerning land or water is likely to cause breach of peace. |
145. Procedure where dispute concerning land or water is likely to cause breach of peace. |
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165. Power to attach subject of dispute and to appoint receiver. |
146. Power to attach subject of dispute and to appoint receiver. |
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166. Dispute concerning right of use of land or water. |
147. Dispute concerning right of use of land or water. |
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167. Local Inquiry. |
148. Local Inquiry. |
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CHAPTER XII PREVENTIVE ACTION OF THE POLICE |
CHAPTER XI PREVENTIVE ACTION OF THE POLICE |
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168. Police to prevent cognizable offences. |
149. Police to prevent cognizable offences. |
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169. Information of design to commit cognizable offences. |
150. Information of design to commit cognizable offences. |
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170. Arrest to prevent commission of cognizable offences. |
151 Arrest to prevent commission of cognizable offences. |
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171. Prevention of injury to public property. |
152. Prevention of injury to public property. |
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172. Persons bound to conform to lawful directions of police. |
New Section |
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Deleted |
153. Inspection of weights and measures. |
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CHAPTER-XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE |
CHAPTER-XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE |
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173. Information in cognizable cases.(Change) 173(1)(ii) 173(3) |
154. Information in cognizable cases. |
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174. Information as to non-cognizable cases and investigation of such cases.(Change) 174(1)(ii) |
155. Information as to non-cognizable cases and investigation of such cases. |
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175. Police officer’s power to investigate cognizable case. (Change) 175(1) |
156. Police officer’s power to investigate cognizable case. 156(1) |
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175(2) |
156(2) |
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175(3) |
156(3) |
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175(4) |
New Sub-Section
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176. Procedure for investigation. (Change) |
157. Procedure for investigation. |
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176(1) |
157(1) |
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176(2) |
157(2) |
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176(3) |
New Sub-Section
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177. Report how submitted. |
158. Report how submitted. |
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178. Power to hold investigation or preliminary inquiry. |
159. Power to hold investigation or preliminary inquiry. |
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179. Police officer’s power to require attendance of witnesses.(Change) |
160. Police officer’s power to require attendance of witnesses. |
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180. Examination of witnesses by police.(Change) |
161. Examination of witnesses by police. |
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181. Statements to police and use thereof. |
162. Statements to police not to be signed: Use of statements in evidence. |
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182. No inducement to be offered. |
163. No inducement to be offered. |
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183. Recording of confessions and statements.(Change) |
164. Recording of confessions and statements. |
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184. Medical examination of victim of rape.(Change) |
164A Medical examination of victim of rape. |
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185. Search by police officer.(Change) |
165. Search by police officer. |
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186. When officer in charge of police station may require another to issue search- warrant. |
166. When officer in charge of police station may require another to issue search- warrant. |
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187. Procedure when investigation cannot be completed in twenty-four hours.(Change) |
167. Procedure when investigation cannot be completed in twenty-four hours. |
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188. Report of investigation by subordinate police officer. |
168. Report of investigation by subordinate police officer. |
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189. Release of accused when evidence deficient.(Change) |
169. Release of accused when evidence deficient. |
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190. Cases to be sent to Magistrate, when evidence is sufficient.(Change) |
170. Cases to be sent to Magistrate, when evidence is sufficient. |
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191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint |
171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. |
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192. Diary of proceedings in investigation. |
172. Diary of proceedings in investigation. |
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193. Report of police officer on completion of investigation.(Change) 193(3)(ii) 193(8) |
173. Report of police officer on completion of investigation. |
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194. Police to enquire and report on suicide, etc.(Change) |
174. Police to enquire and report on suicide, etc. |
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195. Power to summon persons.(Change) |
175. Power to summon persons. |
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196. Inquiry by Magistrate into cause of death.(Change) |
176. Inquiry by Magistrate into cause of death. |
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CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS |
CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS |
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197. Ordinary place of inquiry and trial. |
177. Ordinary place of inquiry and trial. |
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198. Place of inquiry or trial. |
178. Place of inquiry or trial. |
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199. Offence triable where act is done or consequence ensues. |
179. Offence triable where act is done or consequence ensues. |
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200. Place of trial where act is an offence by reason of relation to other offence. |
180. Place of trial where act is an offence by reason of relation to other offence. |
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201. Place of trial in case of certain offences.(Change) |
181. Place of trial in case of certain offences. |
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202. Offences committed by means of electronic communications, letters, etc.(Change) |
182. Offences committed by letters, etc. |
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203. Offence committed on journey or voyage. |
183. Offence committed on journey or voyage. |
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204. Place of trial for offences triable together. |
184. Place of trial for offences triable together. |
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205. Power to order cases to be tried in different sessions divisions. |
185. Power to order cases to be tried in different sessions divisions. |
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206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
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207. Power to issue summons or warrant for offence committed beyond local jurisdiction. (Change) |
187. Power to issue summons or warrant for offence committed beyond local jurisdiction. |
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208. Offence committed outside India. (Change) |
188. Offence committed outside India. |
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209. Receipt of evidence relating to offences committed outside India.(Change) |
189. Receipt of evidence relating to offences committed outside India. |
|
CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS |
CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS |
|
210. Cognizance of offences by Magistrates. (Change) |
190. Cognizance of offences by Magistrates. |
|
211. Transfer on application of accused. |
191. Transfer on application of accused. |
|
212. Making over of cases to Magistrates. |
192. Making over of cases to Magistrates. |
|
213. Cognizance of offences by Court of Session. |
193. Cognizance of offences by Court of Session. |
|
214. Additional Sessions Judges to try cases made over to them. (Change) |
194. Additional and Assistant Sessions Judges to try cases made over to them. |
|
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (Change) |
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. |
|
216. Procedure for witnesses in case of threatening, etc. |
195A. Procedure for witnesses in case of threatening, etc. |
|
217. Prosecution for offences against State and for criminal conspiracy to commit such offence. |
196. Prosecution for offences against State and for criminal conspiracy to commit such offence. |
|
218. Prosecution of Judges and public servants.(Change) |
197. Prosecution of Judges and public servants. |
|
219. Prosecution for offences against marriage.(Change) |
198. Prosecution for offences against marriage. |
|
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 |
198A. Prosecution of offences under section 498A of the Indian Penal Code |
|
221. Cognizance of offence. |
198B. Cognizance of offence. |
|
222. Prosecution for defamation (Change) |
199. Prosecution for defamation |
|
CHAPTER XVI COMPLAINTS TO MAGISTRATES |
CHAPTER XV COMPLAINTS TO MAGISTRATES |
|
223. Examination of complainant. (Change) 223(1) |
200. Examination of complainant. |
|
223(2) |
New Sub-Section |
|
224. Procedure by Magistrate not competent to take cognizance of case. |
201. Procedure by Magistrate not competent to take cognizance of case |
|
225. Postponement of issue of process. |
202. Postponement of issue of process. |
|
226. Dismissal of complaint. |
203. Dismissal of complaint. |
|
CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES |
CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES |
|
227. Issue of process. (Change) |
204. Issue of process. |
|
228. Magistrate may dispense with personal attendance of accused. |
205. Magistrate may dispense with personal attendance of accused. |
|
229. Special summons in cases of petty offence.(Change) |
206. Special summons in cases of petty offence. |
|
230. Supply to accused of copy of police report and other documents.(Change) |
207. Supply to the accused of copy of police report and other documents. |
|
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.(Change) |
208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. |
|
232. Commitment of case to Court of Session when offence is triable exclusively by it.(Change) |
209. Commitment of case to Court of Session when offence is triable exclusively by it. |
|
233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. |
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. |
|
CHAPTER XVIII THE CHARGE A.—Form of charges |
CHAPTER XVII THE CHARGE A.–Form of charges |
|
234. Contents of charge. |
211. Contents of charge. |
|
235. Particulars as to time, place and person. |
212. Particulars as to time, place and person. |
|
236. When manner of committing offence must be stated. |
213. When manner of committing offence must be stated. |
|
237. Words in charge taken in sense of law under which offence is punishable. |
214. Words in charge taken in sense of law under which offence is punishable. |
|
238. Effect of errors. |
215. Effect of errors. |
|
239. Court may alter charge. |
216. Court may alter charge. |
|
240. Recall of witnesses when charge altered. |
217. Recall of witnesses when charge altered. |
|
B.- Joinder of charges |
B.- Joinder of charges |
|
241. Separate charges for distinct offences. |
218. Separate charges for distinct offences. |
|
242. Offences of same kind within year may be charged together.(Change) |
219. Three offences of same kind within year may be charged together. |
|
243. Trial for more than one offence. |
220. Trial for more than one offence. |
|
244. Where it is doubtful what offence has been committed. |
221. Where it is doubtful what offence has been committed. |
|
245. When offence proved included in offence charged. |
222. When offence proved included in offence charged. |
|
246. What persons may be charged jointly. |
223. What persons may be charged jointly. |
|
247. Withdrawal of remaining charges on conviction on one of several charges. |
224. Withdrawal of remaining charges on conviction on one of several charges. |
|
CHAPTER XIX TRIAL BEFORE A COURT OF SESSION |
CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION |
|
248. Trial to be conducted by Public Prosecutor. |
225. Trial to be conducted by Public Prosecutor. |
|
249. Opening case for prosecution. (Change) |
226. Opening case for prosecution. |
|
250. Discharge. (Change) 250(1) |
New Sub-Section |
|
250(2) |
227. Discharge.
|
|
251. Framing of charge. (Change) |
228. Framing of charge. |
|
252. Conviction on plea of guilty. |
229. Conviction on plea of guilty. |
|
253. Date for prosecution evidence. |
230. Date for prosecution evidence. |
|
254. Evidence for prosecution.(Change) |
231(1). Evidence for prosecution. |
|
254(1). |
New Sub-Section
|
|
254(2) |
New Sub-Section
|
|
254. (3) |
231(2). |
|
255. Acquittal. |
232. Acquittal. |
|
256. Entering upon defence. |
233. Entering upon defence. |
|
257. Arguments. |
234. Arguments. |
|
258. Judgment of acquittal or conviction (Change) |
235. Judgment of acquittal or conviction. |
|
259. Previous conviction. |
236. Previous conviction. |
|
260. Procedure in cases instituted under sub-section (2) of section 222. |
237. Procedure in cases instituted under section 199(2). |
|
CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES A.—Cases instituted on a police report |
CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES A.–Cases instituted on a police report |
|
261. Compliance with section 230. |
238. Compliance with section 207. |
|
262. When accused shall be discharged.(Change) |
|
|
262(1) |
New Sub-Section |
|
262 (2) |
239. When accused shall be discharged. |
|
263. Framing of charge. (Change) |
240. Framing of charge. |
|
264. Conviction on plea of guilty. |
241. Conviction on plea of guilty. |
|
265. Evidence for prosecution. (Change) |
242. Evidence for prosecution. |
|
266. Evidence for defence.(Change) |
243. Evidence for defence. |
|
B.—Cases instituted otherwise than on police report |
B.—Cases instituted otherwise than on police report |
|
267. Evidence for prosecution. |
244. Evidence for prosecution. |
|
268. When accused shall be discharged. |
245. When accused shall be discharged. |
|
269. Procedure where accused is not discharged. (Change) 269(7) |
246. Procedure where accused is not discharged. |
|
270. Evidence for defence. |
247. Evidence for defence. |
|
C.-Conclusion of trial |
C.-Conclusion of trial |
|
271. Acquittal or conviction. |
248. Acquittal or conviction. |
|
272. Absence of complainant. (Change) |
249. Absence of complainant. |
|
273. Compensation for accusation without reasonable cause.(Change) |
250. Compensation for accusation without reasonable cause. |
|
CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES |
CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES |
|
274. Substance of accusation to be stated. (Change) |
251. Substance of accusation to be stated. |
|
275. Conviction on plea of guilty. |
252. Conviction on plea of guilty. |
|
276. Conviction on plea of guilty in absence of accused in petty cases. |
253. Conviction on plea of guilty in absence of accused in petty cases. |
|
277. Procedure when not convicted. |
254. Procedure when not convicted. |
|
278. Acquittal or conviction. |
255. Acquittal or conviction. |
|
279. Non-appearance or death of complainant. (Change) |
256. Non-appearance or death of complainant. |
|
280. Withdrawal of complaint. |
257. Withdrawal of complaint. |
|
281. Power to stop proceedings in certain cases. |
258. Power to stop proceedings in certain cases. |
|
282. Power of Court to convert summons-cases into warrant-cases. |
259. Power of Court to convert summons-cases into warrant-cases. |
|
CHAPTER XXII SUMMARY TRIALS |
CHAPTER XXI SUMMARY TRIALS |
|
283. Power to try summarily. (Change) |
|
|
283(2) Summary trial for imprisonment upto three years |
260 (1). (i) Summary trial for imprisonment upto two years |
|
283(3) |
260(2). |
|
284. Summary trial by Magistrate of second class. |
261. Summary trial by Magistrate of second class. |
|
285. Procedure for summary trials. |
262. Procedure for summary trials. |
|
286. Record in summary trials. |
263. Record in summary trials. |
|
287. Judgment in cases tried summarily. |
264. Judgment in cases tried summarily. |
|
288. Language of record and judgment. |
265. Language of record and judgment. |
|
CHAPTER XXIII PLEA BARGAINING |
CHAPTER XXIA PLEA BARGAINING |
|
289. Application of Chapter. |
265A. Application of the Chapter. |
|
290. Application for plea bargaining. (Change) |
265B. Application for plea bargaining. |
|
291. Guidelines for mutually satisfactory disposition. |
265C. Guidelines for mutually satisfactory disposition. |
|
292. Report of mutually satisfactory disposition to be submitted before Court. |
265D. Report of the mutually satisfactory disposition to be submitted before the Court. |
|
293. Disposal of case. (Change) |
265E. Disposal of the case. |
|
294. Judgment of Court. |
265F. Judgment of the Court. |
|
295. Finality of judgment. |
265G. Finality of the judgment. |
|
296. Power of Court in plea bargaining. |
265H. Power of the Court in plea bargaining. |
|
297. Period of detention undergone by accused to be set off against sentence of imprisonment. |
265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment. |
|
298. Savings. |
265J. Savings. |
|
299. Statements of accused not to be used. |
265K. Statements of accused not to be used. |
|
300. Non-application of Chapter. |
265L. Non-application of the Chapter. |
|
CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS |
CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS |
|
301. Definitions. |
266. Definitions. |
|
302. Power to require attendance of prisoners. |
267. Power to require attendance of prisoners. |
|
303. Power of State Government or Central Government to exclude certain persons from operation of section 302. (Change) |
268. Power of State Government to exclude certain persons from operation of section 267. |
|
304. Officer in charge of prison to abstain from carrying out order in certain contingencies. |
269. Officer in charge of prison to abstain from carrying out order in certain contingencies. |
|
305. Prisoner to be brought to Court in custody. |
270. Prisoner to be brought to Court in custody. |
|
306. Power to issue commission for examination of witness in prison. |
271. Power to issue commission for examination of witness in prison. |
|
CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS A.—Mode of taking and recording evidence |
CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS A.–Mode of taking and recording evidence |
|
307. Language of Courts. |
272. Language of Courts. |
|
308. Evidence to be taken in presence of accused. (Change) |
273. Evidence to be taken in presence of accused. |
|
309. Record in summons-cases and inquiries. |
274. Record in summons-cases and inquiries. |
|
310. Record in warrant-cases. |
275. Record in warrant-cases. |
|
311. Record in trial before Court of Session. |
276. Record in trial before Court of Session. |
|
312. Language of record of evidence. |
277. Language of record of evidence. |
|
313. Procedure in regard to such evidence when completed. (Change) |
278. Procedure in regard to such evidence when completed. |
|
314. Interpretation of evidence to accused or his advocate. |
279. Interpretation of evidence to accused or his advocate. |
|
315. Remarks respecting demeanour of witness. |
280. Remarks respecting demeanour of witness. |
|
316. Record of examination of accused. (Change) |
281. Record of examination of accused. |
|
317. Interpreter to be bound to interpret truthfully. |
282. Interpreter to be bound to interpret truthfully. |
|
318. Record in High Court. |
283. Record in High Court. |
|
B.-Commissions for the examination of witnesses |
B.-Commissions for the examination of witnesses |
|
319. When attendance of witness may be dispensed with and commission issued. |
284. When attendance of witness may be dispensed with and commission issued. |
|
320. Commission to whom to be issued. (Change) |
285. Commission to whom to be issued. |
|
321. Execution of commissions. (Change) |
286. Execution of commissions. |
|
322. Parties may examine witnesses. |
287. Parties may examine witnesses. |
|
323. Return of commission. |
288. Return of commission. |
|
324. Adjournment of proceeding. |
289. Adjournment of proceeding. |
|
325. Execution of foreign commissions. |
290. Execution of foreign commissions. |
|
326. Deposition of medical witness. |
291. Deposition of medical witness. |
|
327. Identification report of Magistrate. |
291A. Identification report of Magistrate. |
|
328. Evidence of officers of the Mint. |
292. Evidence of officers of the Mint. |
|
329. Reports of certain Government scientific experts. |
293. Reports of certain Government scientific experts. |
|
330. No formal proof of certain documents.(Change) |
294. No formal proof of certain documents. |
|
331. Affidavit in proof of conduct of public servants. |
295. Affidavit in proof of conduct of public servants. |
|
332. Evidence of formal character on affidavit. |
296. Evidence of formal character on affidavit. |
|
333. Authorities before whom affidavits may be sworn. |
297. Authorities before whom affidavits may be sworn. |
|
334. Previous conviction or acquittal how proved. |
298. Previous conviction or acquittal how proved. |
|
335. Record of evidence in absence of accused. |
299. Record of evidence in absence of accused. |
|
336. Evidence of public servants, experts, police officers in certain cases. |
New Section |
|
CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS |
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS |
|
337. Person once convicted or acquitted not to be tried for same offence. |
300. Person once convicted or acquitted not to be tried for same offence. |
|
338. Appearance by Public Prosecutors. |
301. Appearance by Public Prosecutors. |
|
339. Permission to conduct prosecution. |
302. Permission to conduct prosecution. |
|
340. Right of person against whom proceedings are instituted to be defended. |
303. Right of person against whom proceedings are instituted to be defended. |
|
341. Legal aid to accused at State expense in certain cases. (Change) |
304. Legal aid to accused at State expense in certain cases. |
|
342. Procedure when corporation or registered society is an accused. |
305. Procedure when corporation or registered society is an accused. |
|
343. Tender of pardon to accomplice. (Change) |
306. Tender of pardon to accomplice. |
|
344. Power to direct tender of pardon. |
307. Power to direct tender of pardon. |
|
345. Trial of person not complying with conditions of pardon. |
308. Trial of person not complying with conditions of pardon. |
|
346. Power to postpone or adjourn proceedings. (Change) |
309. Power to postpone or adjourn proceedings. |
|
347. Local inspection. |
310. Local inspection. |
|
348. Power to summon material witness, or examine person present. |
311. Power to summon material witness, or examine person present. |
|
349. Power of Magistrate to order person to give specimen signatures or handwriting. (Change) |
311A. Power of Magistrate to order person to give specimen signatures or handwriting. |
|
350. Expenses of complainants and witnesses. |
312. Expenses of complainants and witnesses. |
|
351. Power to examine accused. |
313. Power to examine the accused. |
|
352. Oral arguments and memorandum of arguments. |
314. Oral arguments and memorandum of arguments. |
|
353. Accused person to be competent witness. |
315. Accused person to be competent witness. |
|
354. No influence to be used to induce disclosure. |
316. No influence to be used to induce disclosure. |
|
355. Provision for inquiries and trial being held in the absence of accused in certain cases. (Change) |
317. Provision for inquiries and trial being held in the absence of accused in certain cases. |
|
356. Inquiry, trial or judgment in absentia of proclaimed offender. |
New Section |
|
357. Procedure where accused does not understand proceedings. |
318. Procedure where accused does not understand proceedings. |
|
358. Power to proceed against other persons appearing to be guilty of offence. |
319. Power to proceed against other persons appearing to be guilty of offence. |
|
359. Compounding of offences. (Change) |
320. Compounding of offences. |
|
360. Withdrawal from prosecution. (Change) |
321. Withdrawal from prosecution. |
|
361. Procedure in cases which Magistrate cannot dispose of. |
322. Procedure in cases which Magistrate cannot dispose of. |
|
362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. |
323. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. |
|
363. Trial of persons previously convicted of offences against coinage, stamp-law or property. |
324. Trial of persons previously convicted of offences against coinage, stamp-law or property. |
|
364. Procedure when Magistrate cannot pass sentence sufficiently severe. |
325. Procedure when Magistrate cannot pass sentence sufficiently severe. |
|
365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
|
366. Court to be open. |
327. Court to be open. |
|
CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND |
CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND |
|
367. Procedure in case of accused being person of unsound mind. (Change) |
328. Procedure in case of accused being lunatic |
|
368. Procedure in case of person of unsound mind tried before Court. |
329. Procedure in case of person of unsound mind tried before Court |
|
369. Release of person of unsound mind pending investigation or trial. (Change) |
330. Release of person of unsound mind pending investigation or trial. |
|
370. Resumption of inquiry or trial. |
331. Resumption of inquiry or trial. |
|
371. Procedure on accused appearing before Magistrate or Court. |
332. Procedure on accused appearing before Magistrate or Court. |
|
372. When accused appears to have been of sound mind. |
333. When accused appears to have been of sound mind. |
|
373. Judgment of acquittal on ground of unsoundness of mind. |
334. Judgment of acquittal on ground of unsoundness of mind. |
|
374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. (Change) |
335. Person acquitted on ground of unsoundness of mind to be detained in safe custody. |
|
375. Power of State Government to empower officer in charge to discharge. |
336. Power of State Government to empower officer in charge to discharge. |
|
376. Procedure where prisoner of unsound mind is reported capable of making his defence. (Change) |
337. Procedure where lunatic prisoner is reported capable of making his defence. |
|
377. Procedure where person of unsound mind detained is declared fit to be released. (Change) |
338. Procedure where lunatic detained is declared fit to be released. |
|
378. Delivery of person of unsound mind to care of relative or friend.(Change) |
339. Delivery of lunatic to care of relative or friend. |
|
CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE |
CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE |
|
379. Procedure in cases mentioned in section 215. |
340. Procedure in cases mentioned in section 195 |
|
380. Appeal. |
341. Appeal. |
|
381. Power to order costs. |
342. Power to order costs. |
|
382. Procedure of Magistrate taking cognizance. |
343. Procedure of Magistrate taking cognizance. |
|
383. Summary procedure for trial for giving false evidence. (Change) |
344. Summary procedure for trial for giving false evidence. |
|
384. Procedure in certain cases of contempt. (Change) |
345. Procedure in certain cases of contempt. |
|
385. Procedure where Court considers that case should not be dealt with under section 384. |
346. Procedure where Court considers that case should not be dealt with under section 345. |
|
386. When Registrar or Sub-Registrar to be deemed a Civil Court. |
347. When Registrar or Sub-Registrar to be deemed a Civil Court. |
|
387. Discharge of offender on submission of apology. |
348. Discharge of offender on submission of apology. |
|
388. Imprisonment or committal of person refusing to answer or produce document. |
349. Imprisonment or committal of person refusing to answer or produce document. |
|
389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. |
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. |
|
390. Appeals from convictions under sections 383, 384, 388 and 389. |
351. Appeals from convictions under sections 344, 345, 349 and 350. |
|
391. Certain Judges and Magistrates not to try certain offences when committed before themselves. |
352. Certain Judges and Magistrates not to try certain offences when committed before themselves. |
|
Chapter XXIX THE JUDGMENT |
Chapter XXVII THE JUDGMENT |
|
392. Judgment. (Change) |
353. Judgment. |
|
393. Language and contents of judgment. |
354. Language and contents of judgment. |
|
DELETED |
355. Metropolitan Magistrate's judgment. |
|
394. Order for notifying address of previously convicted offender. (Change) |
356. Order for notifying address of previously convicted offender. |
|
395. Order to pay compensation. |
357. Order to pay compensation. |
|
396. Victim compensation scheme. |
|
|
396(1) – 396(6) |
357A. Victim compensation scheme. |
|
396(7) |
357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. |
|
397. Treatment of victims. (Change) |
357C. Treatment of victims. |
|
398. Witness protection scheme. |
New Section |
|
399. Compensation to persons groundlessly arrested. |
358. Compensation to persons groundlessly arrested. |
|
400. Order to pay costs in non-cognizable cases. |
359. Order to pay costs in non-cognizable cases. |
|
401. Order to release on probation of good conduct or after admonition. (Change) |
360. Order to release on probation of good conduct or after admonition. |
|
402. Special reasons to be recorded in certain cases. |
361. Special reasons to be recorded in certain cases. |
|
403. Court not to alter judgment. |
362. Court not to alter judgment. |
|
404. Copy of judgment to be given to the accused and other persons. (Change) |
363. Copy of judgment to be given to the accused and other persons. |
|
405. Judgment when to be translated. (Change) |
364. Judgment when to be translated. |
|
406. Court of Session to send copy of finding and sentence to District Magistrate. |
365. Court of Session to send copy of finding and sentence to District Magistrate. |
|
CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION |
CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION |
|
407. Sentence of death to be submitted by Court of Session for confirmation. |
366. Sentence of death to be submitted by Court of Session for confirmation. |
|
408. Power to direct further inquiry to be made or additional evidence to be taken. |
367. Power to direct further inquiry to be made or additional evidence to be taken. |
|
409. Power of High Court to confirm sentence or annul conviction. |
368. Power of High Court to confirm sentence or annul conviction. |
|
410. Confirmation or new sentence to be signed by two Judges. |
369. Confirmation or new sentence to be signed by two Judges. |
|
411. Procedure in case of difference of opinion. |
370. Procedure in case of difference of opinion. |
|
412. Procedure in cases submitted to High Court for confirmation. (Change) |
371. Procedure in cases submitted to High Court for confirmation. |
|
CHAPTER XXXI APPEALS |
CHAPTER XXIX APPEALS |
|
413. No appeal to lie unless otherwise provided. |
372. No appeal to lie unless otherwise provided. |
|
414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. |
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. |
|
415. Appeals from convictions.(Change) |
374. Appeals from convictions. |
|
416. No appeal in certain cases when accused pleads guilty. |
375. No appeal in certain cases when accused pleads guilty. |
|
417. No appeal in petty cases. (Change) |
376. No appeal in petty cases. |
|
418. Appeal by State Government against sentence. (Change) |
377. Appeal by the State Government against sentence. |
|
419. Appeal in case of acquittal.(Change) |
378. Appeal in case of acquittal. |
|
420. Appeal against conviction by High Court in certain cases. |
379. Appeal against conviction by High Court in certain cases. |
|
421. Special right of appeal in certain cases. |
380. Special right of appeal in certain cases. |
|
422. Appeal to Court of Session how heard. (Change) |
381. Appeal to Court of Session how heard. |
|
423. Petition of appeal. |
382. Petition of appeal. |
|
424. Procedure when appellant in jail. |
383. Procedure when appellant in jail. |
|
425. Summary dismissal of appeal. |
384. Summary dismissal of appeal. |
|
426. Procedure for hearing appeals not dismissed summarily. |
385. Procedure for hearing appeals not dismissed summarily. |
|
427. Powers of Appellate Court. |
386. Powers of the Appellate Court. |
|
428. Judgments of subordinate Appellate Court. |
387. Judgments of subordinate Appellate Court. |
|
429. Order of High Court on appeal to be certified to lower Court. |
388. Order of High Court on appeal to be certified to lower Court. |
|
430. Suspension of sentence pending the appeal; release of appellant on bail. (Change) |
389. Suspension of sentence pending the appeal; release of appellant on bail. |
|
431. Arrest of accused in appeal from acquittal. |
390. Arrest of accused in appeal from acquittal. |
|
432. Appellate Court may take further evidence or direct it to be taken. |
391. Appellate Court may take further evidence or direct it to be taken. |
|
433. Procedure where Judges of Court of Appeal are equally divided. |
392. Procedure where Judges of Court of Appeal are equally divided. |
|
434. Finality of judgments and orders on appeal. |
393. Finality of judgments and orders on appeal. |
|
435. Abatement of appeals. |
394. Abatement of appeals. |
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CHAPTER XXXII REFERENCE AND REVISION |
CHAPTER XXX REFERENCE AND REVISION |
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436. Reference to High Court. (Change) |
395. Reference to High Court. |
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437. Disposal of case according to decision of High Court. |
396. Disposal of case according to decision of High Court. |
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438. Calling for records to exercise powers of revision.(Change) |
397. Calling for records to exercise powers of revision. |
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439. Power to order inquiry. |
398. Power to order inquiry. |
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440. Sessions Judge’s powers of revision. |
399. Sessions Judge’s powers of revision. |
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441. Power of Additional Sessions Judge. |
400. Power of Additional Sessions Judge. |
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442. High Court’s powers of revision. |
401. High Court’s powers of revision. |
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443. Power of High Court to withdraw or transfer revision cases. |
402. Power of High Court to withdraw or transfer revision cases. |
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444. Option of Court to hear parties. |
403. Option of Court to hear parties. |
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Deleted |
404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. |
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445. High Court’s order to be certified to lower Court. |
405. High Court’s order to be certified to lower Court. |
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CHAPTER XXXIII TRANSFER OF CRIMINAL CASES |
CHAPTER XXXI TRANSFER OF CRIMINAL CASES |
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446. Power of Supreme Court to transfer cases and appeals. |
406. Power of Supreme Court to transfer cases and appeals. |
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447. Power of High Court to transfer cases and appeals. (Change) |
407. Power of High Court to transfer cases and appeals. |
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448. Power of Sessions Judge to transfer cases and appeals. (Change) |
408. Power of Sessions Judge to transfer cases and appeals. |
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449. Withdrawal of cases and appeals by Sessions Judges. |
409. Withdrawal of cases and appeals by Sessions Judge. |
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450. Withdrawal of cases by Judicial Magistrates. |
410. Withdrawal of cases by Judicial Magistrate. |
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451. Making over or withdrawal of cases by Executive Magistrates. |
411. Making over or withdrawal of cases by Executive Magistrates. |
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452. Reasons to be recorded. |
412 Reasons to be recorded. |
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CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death Sentences |
CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death Sentences |
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453. Execution of order passed under section 409 |
413. Execution of order passed under section 368 |
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454. Execution of sentence of death passed by High Court. |
414. Execution of sentence of death passed by High Court. |
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455. Postponement of execution of sentence of death in case of appeal to Supreme Court. |
415. Postponement of execution of sentence of death in case of appeal to Supreme Court. |
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456. Commutation of sentence of death on pregnant woman. |
416. Postponement of capital sentence on pregnant woman. |
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B.—Imprisonment |
B.—Imprisonment |
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457. Power to appoint place of imprisonment. |
417. Power to appoint place of imprisonment. |
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458. Execution of sentence of imprisonment. (Change) |
418. Execution of sentence of imprisonment. |
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459. Direction of warrant for execution. |
419. Direction of warrant for execution. |
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460. Warrant with whom to be lodged. |
420. Warrant with whom to be lodged. |
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C.—Levy of fine |
C.—Levy of fine |
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461. Warrant for levy of fine. (Change) |
421. Warrant for levy of fine. |
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462. Effect of such warrant. |
422. Effect of such warrant. |
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463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. |
423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. |
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464. Suspension of execution of sentence of imprisonment. (Change) |
424. Suspension of execution of sentence of imprisonment. |
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D.—General provisions regarding execution |
D.—General provisions regarding execution |
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465. Who may issue warrant. |
425. Who may issue warrant. |
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466. Sentence on escaped convict when to take effect. |
426. Sentence on escaped convict when to take effect. |
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467. Sentence on offender already sentenced for another offence. |
427. Sentence on offender already sentenced for another offence. |
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468. Period of detention undergone by accused to be set off against sentence of imprisonment. |
428. Period of detention undergone by accused to be set off against sentence of imprisonment. |
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469. Saving. |
429. Saving. |
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470. Return of warrant on execution of sentence. |
430. Return of warrant on execution of sentence. |
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471. Money ordered to be paid recoverable as a fine. |
431. Money ordered to be paid recoverable as a fine. |
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E.—Suspension, remission and commutation of sentences |
E.—Suspension, remission and commutation of sentences |
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472. Mercy Petition in death sentence cases. |
New Section |
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473. Power to suspend or remit sentences. |
432. Power to suspend or remit sentences. |
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474. Power to commute sentence. (Change) 474(c) 474(d) |
433. Power to commute sentence. |
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475. Restriction on powers of remission or commutation in certain cases. |
433A. Restriction on powers of remission or commutation in certain cases. |
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476. Concurrent power of Central Government in case of death sentences. |
434. Concurrent power of Central Government in case of death sentences. |
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477. State Government to act after concurrence with Central Government in certain cases. (Change) |
435. State Government to act after concurrence with Central Government in certain cases. |
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CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS |
CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS |
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478. In what cases bail to be taken. |
436. In what cases bail to be taken. |
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479. Maximum period for which undertrial prisoner can be detained. (Change) 479(2) 479(3) |
436A. Maximum period for which undertrial prisoner can be detained. |
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480. When bail may be taken in case of non-bailable offence. (Change) |
437. When bail may be taken in case of non-bailable offence. |
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481. Bail to require accused to appear before next appellate Court.(Change) |
437A. Bail to require accused to appear before next appellate Court. |
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482. Direction for grant of bail to person apprehending arrest. |
438. Direction for grant of bail to person apprehending arrest. |
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483. Special powers of High Court or Court of Session regarding bail. |
439. Special powers of High Court or Court of Session regarding bail. |
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484. Amount of bond and reduction thereof. |
440. Amount of bond and reduction thereof. |
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485. Bond of accused and sureties. (Change) |
441. Bond of accused and sureties. |
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486. Declaration by sureties. |
441A. Declaration by sureties. |
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487. Discharge from custody. (Change) |
442. Discharge from custody. |
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488. Power to order sufficient bail when that first taken is insufficient. |
443. Power to order sufficient bail when that first taken is insufficient |
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489. Discharge of sureties. |
444. Discharge of sureties. |
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490. Deposit instead of recognizance. (Change) |
445. Deposit instead of recognizance. |
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491. Procedure when bond has been forfeited. |
446. Procedure when bond has been forfeited. |
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492. Cancellation of bond and bail bond. (Change) |
446A. Cancellation of bond and bail bond. |
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493. Procedure in case of insolvency or death of surety or when a bond is forfeited. |
447. Procedure in case of insolvency or death of surety or when a bond is forfeited. |
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494. Bond required from child. (Change) |
448. Bond required from minor. |
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495. Appeal from orders under section 491. |
449. Appeal from orders under section 446. |
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496. Power to direct levy of amount due on certain recognizances. |
450. Power to direct levy of amount due on certain recognizances. |
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CHAPTER XXXVI DISPOSAL OF PROPERTY |
CHAPTER XXXIV DISPOSAL OF PROPERTY |
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497. Order for custody and disposal of property pending trial in certain cases. (Change) |
451. Order for custody and disposal of property pending trial in certain cases. |
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497(2) |
New Sub-Section
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497(3) |
New Sub-Section
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497(4) |
New Sub-Section
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497(5) |
New Sub-Section |
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498. Order for disposal of property at conclusion of trial. |
452. Order for disposal of property at conclusion of trial. |
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499. Payment to innocent purchaser of money found on accused. |
453. Payment to innocent purchaser of money found on accused. |
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500. Appeal against orders under section 498 or section 499. |
454. Appeal against orders under section 452 or section 453. |
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501. Destruction of libellous and other matter. |
455 Destruction of libellous and other matter. |
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502. Power to restore possession of immovable property. |
456 Power to restore possession of immovable property. |
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503. Procedure by police upon seizure of property. |
457. Procedure by police upon seizure of property. |
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504. Procedure where no claimant appears within six months. |
458. Procedure where no claimant appears within six months. |
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505. Power to sell perishable property. (Change) |
459. Power to sell perishable property. |
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CHAPTER XXXVII IRREGULAR PROCEEDINGS |
CHAPTER XXXV IRREGULAR PROCEEDINGS |
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506. Irregularities which do not vitiate proceedings. |
460. Irregularities which do not vitiate proceedings. |
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507. Irregularities which vitiate proceedings. (Change) |
461. Irregularities which vitiate proceedings. |
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508. Proceedings in wrong place. |
462. Proceedings in wrong place. |
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509. Non-compliance with provisions of section 183 or section 316. |
463. Non-compliance with provisions of section 164 or section 281. |
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510. Effect of omission to frame, or absence of, or error in, charge. |
464. Effect of omission to frame, or absence of, or error in, charge. |
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511. Finding or sentence when reversible by reason of error, omission or irregularity. |
465. Finding or sentence when reversible by reason of error, omission or irregularity. |
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512. Defect or error not to make attachment unlawful. |
466. Defect or error not to make attachment unlawful. |
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CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES |
CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES |
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513. Definitions. |
467. Definitions. |
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514. Bar to taking cognizance after lapse of period of limitation. (Change) |
468. Bar to taking cognizance after lapse of the period of limitation. |
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515. Commencement of period of limitation. |
469. Commencement of the period of limitation. |
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516. Exclusion of time in certain cases. |
470. Exclusion of time in certain cases. |
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517. Exclusion of date on which Court is closed. |
471. Exclusion of date on which Court is closed. |
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518. Continuing offence. |
472. Continuing offence. |
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519. Extension of period of limitation in certain cases. |
473. Extension of period of limitation in certain cases. |
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CHAPTER XXXIX MISCELLANEOUS |
CHAPTER XXXVII MISCELLANEOUS |
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520. Trials before High Courts. |
474. Trials before High Courts. |
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521. Delivery to commanding officers of persons liable to be tried by Court-martial. |
475. Delivery to commanding officers of persons liable to be tried by Court-martial. |
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522. Forms. |
476. Forms. |
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523. Power of High Court to make rules. |
477. Power of High Court to make rules. |
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524. Power to alter functions allocated to Executive Magistrate in certain cases. |
478. Power to alter functions allocated to Executive Magistrate in certain cases. |
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525. Cases in which Judge or Magistrate is personally interested. |
479. Cases in which Judge or Magistrate is personally interested. |
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526. Practising advocate not to sit as Magistrate in certain Courts. |
480. Practising pleader not to sit as Magistrate in certain Courts. |
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527. Public servant concerned in sale not to purchase or bid for property. |
481. Public servant concerned in sale not to purchase or bid for property. |
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528. Saving of inherent powers of High Court. |
482. Saving of inherent powers of High Court. |
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529. Duty of High Court to exercise continuous superintendence over Courts. |
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. |
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530. Trial and proceedings to be held in electronic mode. |
New Section |
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531. Repeal and savings.(Change) |
484. Repeal and savings. |
Note: For Reference only.