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THE CODE OF CRIMINAL PROCEDURE, 1898

(ACT NO. V OF 1898).
  Part No : Chapter No : Section No: [ 22nd March, 1898 ]   
  
     1 An Act to consolidate and amend the law relating to the Criminal Procedure.
 
    WHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows:
 
CONTENTS
 
SECTIONS
 
PART I
PRELIMINARY
CHAPTER I
1. Short title Commencement
(2) It extends to the whole of
2. Repealed
3.(1) Omitted
(2) Expressions in former Acts
4. Definitions
Words referring to acts
Words to have same meaning as in Penal Code
4A. Construction of references.
5. Trial of offences under Penal Code
Trial of offences against other laws
PART II
CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES
CHAPTER II
OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES
A.—Classes of Criminal Courts
6. Classes of Criminal Courts
B. —Territorial Divisions
7. Sessions divisions and districts
Power to alter divisions and districts
Existing divisions and districts maintained till altered
8. Power to divide districts into Upazilas etc
Existing sub-divisions maintained
C.—Courts and Offices
9. Court of Sessions
10.Executive Magistrates
11. Judicial Magistrates
12. Special Magistrate
15. Benches of Magistrates
Powers exercisable by Bench in absence of special direction
16. Power to frame rules for guidance of Benches
17. Subordination of Executive,Judicial and Metropolitan Magistrates.
17A. Subordination of Joint Sessions Judges
D.—Courts of Metropolitan Magistrates
18. Appointment of Metropolitan Magistrates
19. Benches
20. Local limits of jurisdiction
21. Chief Metropolitan Magistrate
E.—Justices of the Peace
22. Justice of the peace for the mafassal
23-24. Repealed
25. Ex-officio Justices of the Peace.
F.—Suspension and Removal
26-27. Repealed
CHAPTER III
POWERS OF COURTS
A.—Description of Offences cognizable by each Court
28. Offences under Penal Code
29. Offences under other laws
29A. Omitted
29B. Jurisdiction in the case of juveniles
29C. Offences not punishable with death
30. Omitted
B.—Sentences which may be passed by courts of various Classes
31. Sentences which High Court Division and Sessions Judges may pass
32. Sentences which Magistrates may pass
33. Power of Magistrates to sentence to imprisonment in default of fine
Proviso as to certain cases
33A. Higher powers of certain Magistrates
34. Omitted
34A. Omitted
35. Sentence in cases of conviction of several offences at one trial
Maximum term of punishment
35A. Deduction of imprisonment in cases where convicts may have been in custody
C.—Ordinary and Additional Powers
36. Ordinary powers of Magistrates
37. Additional powers conferrable on Magistrates.
38. Control of District Magistrates investing power
D.—Conferment, Continuance and Cancellation of Powers
39. Mode of conferring powers
40. Powers of officers appointed
41. Withdrawal of powers.
PART III
GENERAL PROVISIONS
CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS
42. Public when to assist
43. Aid to person, other than police-officer, executing warrant
44. Public to give information of certain offences
45.Village-headmen,accountants, landholders and others bound to report certain matters.
Appointment of village-headman by District Magistrate [***] in certain cases for purposes of this section
CHAPTER V
OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally
46. Arrest how made
Resisting endeavour to arrest
47. Search of place entered by person sought to be arrested
48. Procedure where ingress not obtainable
Breaking open zanana
49. Power to break open doors and windows for purposes of liberation
50. No unnecessary restraint
51. Search of arrested persons
52. Mode of searching women
53. Power to seize offensive weapons
B.—Arrest without Warrant
54. When police may arrest without warrant
55. Arrest of vagabonds, habitual robbers, etc.
56. Procedure when police-officer deputes subordinate to arrest without warrant
57. Refusal to give name and residence
58. Pursuit of offenders into other jurisdictions
59. Arrest by private persons and procedure on such arrest
60. Person arrested to be taken before Magistrate or officer in charge of police-station
61. Person arrested not to be detained more than twenty-four hours
62. Police to report apprehensions.
63. Discharge of person apprehended
64. Offence committed in Magistrate's presence
65. Arrest by or in presence of Magistrate.
66. Power, on escape, to pursue and retake
67. Provisions of sections 47, 48 and 49 to apply to arrest under section 66
CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
A.—Summons
68. Form of summons
Summons by whom served
69. Summons how served
Signature of receipt for summons
70. Service when person summoned cannot be found
71. Procedure when service cannot be effected as before provided
72. Service on servant of Republic
73. Service of summons outside local limits
74. Proof of service in such cases and when serving officer not present
B.—Warrant of Arrest
75. Form of warrant of arrest Continuance of warrant of arrest
76. Court may direct security to be taken
Recognizance to be forwarded
77. Warrants to whom directed
Warrants to several persons
78. Warrant may be directed to landholders, etc.
79. Warrant directed to police-officer
80. Notification of substance of warrant
81. Person arrested to be brought before Court without delay
82. Where warrant may be executed
83. Warrant forwarded for execution outside jurisdiction
84. Warrant directed to police-officer for execution outside jurisdiction
85. Procedure on arrest of person against whom warrant issued
86. Procedure by Magistrate before whom person arrested is brought.
C.—Proclamation and Attachment
87. Proclamation for person absconding
88. Attachment of property of person absconding
89. Restoration of attached property
D.—Other Rules regarding Processes
90. Issue of warrant in lieu of, or in addition to, summons
91. Power to take bond for appearance
92. Arrest by breach of bond for appearance
93. Provisions of this Chapter generally applicable to summonses and warrants of arrest
E.—Special Rules regarding processes issued for service or execution
93A. Sending of summons for service outside Bangladesh
93B. Sending of warrants for execution outside Bangladesh
93C. Service and execution in Bangladesh of processes received from outside Bangladesh
CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
A.—Summons to produce
94. Summons to produce document or other thing
95. Procedure as to letters and telegrams
B.—Search-warrants
96. When search-warrant may be issued
97. Power to restrict warrant
98. Search of house
99. Disposal of things found in search beyond jurisdiction
99A. Power to declare certain publications forfeited and to issue search warrants for the same
99B. Application to High Court Division to set aside order of forfeiture
99C. Hearing by Special Bench
99D. Order of Special Bench setting aside forfeiture
99E. Evidence to prove nature or tendency of newspapers
99F. Procedure in High Court Division
99G. Jurisdiction barred
C.—Discovery of Persons Wrongfully Confined
100. Search for persons wrongfully confined.
D.—General Provisions Relating to Searches
101. Direction, etc., of search-warrants
102. Persons in charge of closed place to allow search
103. Search to be made in presence of witnesses
Occupant of place searched may attend
E.- Miscellaneous
104. Power to impound document, etc., produced
105. Magistrate may direct search in his presence
PART IV
PREVENTION OF OFFENCES
CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
A.—Security for keeping the Peach on Conviction
106. Security for keeping the peach on conviction
B.—Security for keeping the peach in the Cases and Security for Good Behaviour
107. Security for keeping the peace in other cases
Procedure of Magistrate not empowered to act under sub-section (1)
108. Security for good behaviour from persons disseminating seditious matter
109. Security for good behaviour from vagrants and suspected persons
110. Security for good behaviour from habitual offenders
111. Repealed
112. Order to be made
113. Procedure in respect of person present in Court
114. Summons or warrant in case of person not so present
115. Copy of order under section 112 to accompany summons or warrant
116. Power to dispense with personal attendance
117. Inquiry as to truth of information
118. Order to give security
119. Discharge of person informed against
C.—Proceedings in all Cases subsequent to Order to furnish Security
120. Commencement of period for which security is required
121. Contents of bond
122. Power to reject sureties
123. Imprisonment in default of security
Proceedings when to be laid before High Court Division or Court of Sessions
Kind of imprisonment
124. Power to release persons imprisoned for failing to give security
125. Power of District Magistrate to cancel any bond for keeping the peach or good behaviour
126. Discharge of sureties
126A. Security for unexpired period of bond
CHAPTER IX
UNLAWFUL ASSEMBLIES
127. Assembly to disperse on command of Magistrate or police officer
128. Use of civil force to disperse
129. Use of military force
130. Duty of officer commanding troops required by Magistrate to disperse assembly
131. Power of commissioned military officers to disperse assembly
132. Protection against prosecution for acts done under this Chapter
CHAPTER X
PUBLIC NUISANCES
132A. Application
133. Conditional order for removal of nuisance
134. Service or notification of order
135. Person to whom order is addressed to obey or show cause or claim jury
136. Consequence of his failing to do so
137. Procedure where he appears to show cause
138. Omitted & 139. Omitted
139A. Procedure where existence of public right is denied
140. Procedure on order being made absolute Consequences of disobedience to order
141. Omitted
142. Injunction pending inquiry
143. Magistrate may prohibit repetition or continuance of public nuisance
CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER.
144. Power to issue order
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land, etc., is likely to cause breach of peach
Inquiry as to possession
Party in possession to retain possession until legally evicted
146. Power to attach subject of dispute
147. Disputes concerning rights of use of immovable property, etc.
148. Local inquiry
Order as to costs
CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences
150. Information of design to commit such offences
151. Arrest to prevent such offences
152. Prevention of injury to public property
153. Inspection of weights and measures
PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
154. Information in cognizable cases
155. Information in non-cognizable cases
Investigation into non-cognizable cases
156. Investigation into cognizable cases
157. Procedure where cognizable offence suspected
Where local investigation dispensed with
Where police-officer in charge sees no sufficient ground for investigation
158. Reports under section 157 how submitted
159. Power to hold investigation or preliminary inquiry
160. Police-officer's power to require attendance of witnesses
161. Examination of witnesses by police
162. Statements to police not to be signed; use of such statements in evidence
163. No inducement to be offered
164. Power to record statements and confessions
165. Search by police-officer
166. When officer-in-charge of police station may require another to issue search-warrant
167. Procedure when investigation cannot be completed in twenty-four hours
168. Report of investigation by subordinate police-officer
169. Release of accused when evidence deficient
170. Case to be sent to Magistrate when evidence is sufficient
171. Complainants and witnesses not to be required to accompany Police-Officer
Complainants and witnesses not to be subjected to restraint
Recusant complainant or witness may be forwarded in custody
172. Diary of proceedings in investigation
173. Report of police-officer
174. Police to inquire and report on suicide, etc.
175. Power to summon persons
176. Inquiry by Magistrate into cause of death
Power to disinter corpses
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
A.—Place of Inquiry or Trial
177. Ordinary place of inquiry and trial
178. Power to order cases to be tried in different sessions divisions
179. Accused triable in district where act is done or where consequence ensues
180. Place of trial where act is offence by reason of relation to other offence
181. Being a thug or belonging to a gang of dacoits, escape from custody, etc.
Criminal misappropriation and criminal breach of trust
(3) The offence of theft, or any
Kidnapping and abduction
182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts
183. Offence committed on a journey
184. Repealed
185. High Court Division to decide, in case of doubt, district where inquiry or trial shall take place
186. Power to issue summons or warrant for offence committed beyond local jurisdiction
Magistrate's procedure on arrest
187. Procedure where warrant issued by subordinate Magistrate
188. Liability for offences committed outside Bangladesh
Political Agents to certify fitness of inquiry into charge
189. Power to direct copies of depositions and exhibits to be received in evidence
B.—Conditions requisite for Initiation of Proceedings
190. Cognizance of offences by Magistrates
191. Transfer [***] on application of accused
192. Transfer of cases by Magistrates
193. Cognizance offences by Courts of Session
194. Omitted
195. Prosecution for contempt of lawful authority of public servants
Prosecution for certain offences against public justice
Prosecution for certain offences relating to documents given in evidence
196. Prosecution for offences against the State
196A. Prosecution for certain classes of criminal conspiracy
196B. Preliminary inquiry in certain cases
197. Prosecution of Judges and public servants
Power of Government as to prosecution
198. Prosecution for breach of contract, defamation and offences against marriage
199. Prosecution for adultery or enticing a married woman
199A. Objection by lawful guardian to compliant by person other than person aggrieved
199B. Form of authorization under second proviso to section 198 or 199
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant
201. Procedure by Magistrate not competent to take cognizance of the case
202. Postponement for issue of process
203. Dismissal of complaint
CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process
205. Magistrate may dispense with personal attendance of accused
205A. [Omitted] & 205B. [Omitted]
205C. Transfer of case of Court of Session when offence is trial exclusively by it
205CC. Transfer of case to [Chief Metropolitan Magistrate, Chief Judicial Magistrate], etc.
205D. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT DIVISION
(206-220) Omitted
CHAPTER XIX
OF THE CHARGE
Form of Charges
221. Charge to state offence
Specific name of offence sufficient description
How stated where offence has no specific name
What implied in charge
Language of charge
Previous conviction when to be set out
222. Particulars as to time, place and person
223. When manner of committing offence must be stated
224. Words in charge taken in sense of law under which offence is punishable
225. Effect of errors
226. Omitted
227. Court may alter charge
228. When trial may proceed immediately after alteration
229. When new trial may be directed, or trial suspended
230. Stay of proceedings if prosecution of offence in altered charge require previous sanction
231. Recall of witnesses when charge altered
232. Effect of material error
Joinder of Charges
233. Separate charges for distinct offences
234. Three offences of same kind within year may be charged together
235. Trial for more than one offence
Offence falling within two definitions
Acts constituting one offence, but constituting when combined a different offence
236. Where it is doubtful what offence has been committed
237. When a person is charged with one offence, he can be convicted of another
238. When offence proved included in offence charged
239. What persons may be charged jointly
240. Withdrawal of remaining charges on conviction on one of several charges
CHAPTER XX
OF THE TRIAL OF CASES BY MAGISTRATES
241. Procedure in cases
241A. When accused shall be discharged
242. Charge to be framed
243. Conviction on admission of truth of accusation
244. Procedure when no such admission is made
245. Acquittal
Sentence
246. Omitted
247. Non-appearance of complainant
248. Withdrawal of complaint
249. Power to stop proceedings when no complainant
Frivolous Accusations in Cases tried by Magistrates.
250. False, frivolous or vexatious accusations
CHAPTER XXI
OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES
(251-259) Omitted
CHAPTER XXII
OF SUMMARY TRIALS
260. Power to try summarily
261. Power to invest Bench of Magistrates invested with less power
262. [Procedure for summary trials]
Limit of imprisonment
263. Record in cases where is no appeal
264. Record in appealable cases
265. Language of record and judgment
Bench may be authorised to employ clerk
2CHAPTER XXIII
OF TRIALS BEFORE COURTS OF SESSION
265A. Trial to be conducted by Public Prosecutor
265B. Opening case for prosecution
265C. Discharge
265D. Framing charge
265E. Conviction of plea of guilty
265F. Date for prosecution evidence
265G. Evidence of prosecution
265H. Acquittal
265I. Entering upon defence
265J. Arguments
265K. Judgment of acquittal or conviction
265L. Previous conviction
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Tender of pardon to accomplice
338. Power to direct tender of pardon
339. [Trial] of person to whom pardon has been tendered
339A. Procedure in trial of person under section 339
339B. Trial in absentia
339C. Time for disposal of cases
339D. Omitted
340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness
341. Procedure where accused does not understand proceedings
342. Power to examine the accused
343. No influence to be used to induce disclosures
344. Power to postpone or adjourn proceedings
Provided that no Magistrate shall remand an
Reasonable cause for remand
345. Compounding offences
346. Procedure of [* * *] [Chief Judicial Magistrate] in cases which he cannot dispose of.
347. Procedure when, higher punishment should be inflicted on accused
348. Trial of persons previously convicted of offences against coinage, stamp-law or property
349. Procedure when Magistrate cannot pass sentence sufficiently severe
349A. Conviction on evidence partly recorded by one Sessions Judge, etc., and partly by another
350. Conviction [***] on evidence partly recorded by one Magistrate and partly by another
350A. Changes in constitution of Benches
351. Detention of offenders attending Court
352. Courts to be open
CHAPTER XXV
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353. Evidence to be taken in presence of accused
354. Manner of recording evidence
355. Record [***] in trials of certain offences by first and second class Magistrates
356. Record in other cases
Evidence given in English
Memorandum when evidence not taken down by the Magistrate or Judge himself
357. Language of record of evidence
358. Option to Magistrate in cases under section 355
359. Mode of recording evidence under section 356 or section 357
360. Procedure in regard to such evidence when completed
361. Interpretation of evidence to accused or his pleader
362. Omitted
363. Remarks respecting demeanor of witness
364. Examination of accused how recorded
365. Record of evidence in High Court Division
CHAPTER XXVI
OF THE JUDGMENT
366. Mode of delivering judgment
367. Language of judgment Contents of judgment
Judgment in alternative
368. Sentence of death.
Sentence of transportation
369. Court not to alter judgment
370. Omitted
371. Copy of judgment, etc., to be given to accused on application.
Case of person sentenced to death
372. Judgment when to be translated
373. Court of Session to send copy of finding and sentence to District Magistrate
CHAPTER XXVII
OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION
374. Sentence of death to be submitted by Court of Session
375. Power to direct further inquiry to be made or additional evidence to be taken
376. Power of High Court Division to confirm sentence or annul conviction
377. Confirmation of new sentence to be signed by two Judges
378. Procedure in case of difference of opinion
379. Procedure in cases submitted to High Court Division for confirmation
380. Repealed
CHAPTER XXVIII
OF EXECUTION
381. Execution of order passed under section 376
382. Postponement of capital sentence on pregnant woman
383. Execution of sentence of transportation or imprisonment in other cases
384. Direction of warrant for execution
385. Warrant with whom to be lodged
386. Warrant for levy of fine
387. Effect of such warrant
388. Suspension of execution of sentence of imprisonment.
389. Who may issue warrant
390. Execution of sentence of whipping only
391. Execution of sentence of whipping, in addition to imprisonment
392. Mode of inflicting punishment
Limit of number of stripes
393. Not to be executed by instalments Exemptions
394. Whipping not to be inflicted if offender not in fit state of health
Stay of execution
395. Procedure if punishment cannot be inflicted under section 394
396. Execution of sentences on escaped convicts
397. Sentence on offender already sentenced for another offence
398. Saving as to sections 396 and 397
399. Confinement of youthful offenders in reformatories
400. Return of warrant on execution of sentence
CHAPTER XXIX
OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES
401. Power to suspend or remit sentences
402. Power to commute punishment
402A. Sentences of death
CHAPTER XXX
OF PREVIOUS ACQUITTALS OR CONVICTIONS
403. Person once convicted or acquitted not to be tried for same offence
PART VII
OF APPEAL, REFERENCE AND REVISION
CHAPTER XXXI
OF APPEALS
404. Unless otherwise provided, no appeal to lie
405. Appeal from order rejecting application for restoration of attached property
406. Appeal from order requiring security for keeping the peace or for good behaviour
406A. Appeal from order refusing to accept or rejecting a surety
407. Appeal from sentence of Magistrate of the second or third class
408. Appeal from sentence of Joint Sessions Judge and Magistrates of the first class
409. Appeals to Court of Session how heard
410. Appeal from sentence of Court of Session
411. Omitted
411A. Omitted
412. No appeal in certain cases when accused pleads guilty
413. No appeal in petty cases
414. No appeal from certain summary convictions
415. Proviso to sections 413 and 414
415A. Special right of appeal in certain cases
416. Repealed
417. Appeal in case of acquittal
417A. Appeal against inadequacy of sentence
418. Appeals on what matters admissible
419. Petition of appeal
420. Procedure when appellant in jail
421. Summary dismissal of appeal
422. Notice of appeal
423. Powers of Appellate Court in disposing of appeal
424. Judgments of subordinate Appellate Courts
425. Order by High Court Division on appeal to be certified to lower Court
426. Suspension of sentence pending appeal Release of appellant on bail
427. Arrest of accused in appeal from acquittal
428. Appellate Court may take further evidence or direct it to be taken
429. Procedure where Judges of Court of Appeal are equally divided
430. Finality of orders on appeal
431. Abatement of appeals
CHAPTER XXXII
OF REFERENCE AND REVISION
432. & 433. Omitted
434. Omitted
435. Power to call for records of inferior Courts
436. Power to order inquiry
437. Omitted
438. Omitted
439. High Court Division's powers of revision
439A. Sessions Judge's powers of revision
440. Optional with Court to hear parties
441. Omitted
442. High Court Division's order to be certified to lower Court or Magistrate
3CHAPTER XXXIIA
TIME FOR DISPOSAL OF APPEAL AND REVISION
442A. Time for disposal of appeals and Revision
PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXXIII
(443-463) Omitted
CHAPTER XXXIV
LUNATICS
464. Procedure in case of accused being lunatic
465. Procedure in case of person being lunatic before Court of Sessions
466. Release of lunatic pending investigation or trial
Custody of lunatic
467. Resumption of inquiry or trial
468. Procedure on accused appearing before Magistrate or Court
469. When accused appears to have been insane
470. Judgment of acquittal on ground of lunacy
471. Person acquitted on such ground to be detained in safe custody
Power of Government to relieve Inspector General of certain functions
472. Repealed
473. Procedure where lunatic prisoner is reported capable of making his defence
474. Procedure where lunatic detained under section 466 or 471 is declared fit to be released.
475. Delivery of lunatic to care of relative or friend
CHAPTER XXXV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
476. Procedure in cases mentioned in section 195.
476A. Superior Court may complain where subordinate Court has committed to do so
476B. Appeals
477. Repealed
478. [Omitted] & 479. [Omitted]
480. Procedure in certain cases of contempt
481. Record in such cases
482. Procedure where Court considers that case should not be dealt with under section 480
483. When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482
484. Discharge of offender on submission or apology
485. Imprisonment or committal of person refusing to answer or produce document
485A. Summary procedure for punishment for non-attendance by a witness in obedience to summons
486. Appeals from convictions in contempt cases
487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves
CHAPTER XXXVI
OF THE MAINTENANCE OF WIVES AND CHILDREN.
Omitted
CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A Habeas Corpus
491. Power to issue directions of the nature of a habeas corpus
491A. Omitted
PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR
492. Power to appoint Public Procecutors
493. Public Prosecutor may plead in all Court in cases under his charge Pleaders privately instructed to be under his direction
494. Effect of withdrawal from prosecution
495. Permission to conduct prosecution
CHAPTER XXXIX
OF BAIL
496. In what cases bail to be taken
497. When bail may be taken in case of non-bailable offence
497A. Omitted
498. Power to direct admission to bail or reduction of bail
499. Bond of accused and sureties
500. Discharge from custody
501. Power to order sufficient bail when that first taken is insufficient
502. Discharge of sureties
CHAPTER XL
OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES
503. When attendance of witness may be dispensed with Issue of commission and procedure thereunder
504. Commission in case of witness being within [a] Metropolitan Area
505. Parties may examine witnesses
506. Power of Subordinate Magistrate to apply for issue of commission
507. Return of commission
508. Adjournment of inquiry or trial
508A. Application of this Chapter to Commissions issued in Burma
CHAPTER XLI
SPECIAL RULES OF EVIDENCE
509. Deposition of medical witness
Power to summon medical witness
509A. Report of post-mortem examination
510. Report of Chemical Examiner, serologist, etc.
510A. Evidence of formal character on Affidavit
511. Previous conviction or acquittal how proved
512. Record of evidence in absence of accused
Record of evidence when offender unknown
CHAPTER XLII
PROVISIONS AS TO BONDS
513. Deposit instead of recognizance
514. Procedure on forfeiture of bond
514A. Procedure in case of insolvency or death of surety or when a bond is forfeited
514B. Bond required from a minor
515. Appeal from, and revision of, orders under section 514
516. Power to direct levy of amount due on certain recognizances
CHAPTER XLIII
OF THE DISPOSAL OF PROPERTY
516A. Order for custody and disposal of property pending trial in certain cases
517. Order for disposal of property regarding which offence committed
518. Order may take form of reference to District [***] Magistrate.
519. Payment to innocent purchaser of money found on accused
520. Stay of order under sections 517, 518 or 519
521. Destruction of libelous and other matter
522. Power to restore possession of immovable property
523. Procedure by police upon seizure of property taken under section 51 or stolen
Procedure where owner of property seized unknown
524. Procedure where no claimant appears within six months
525. Power to sell perishable property
CHAPTER XLIV
OF THE TRANSFER OF CRIMINAL CASES
525A. Power of Appellate Division to transfer cases and appeals
526. High Court Division may transfer case or itself try it
Notice to Public Prosecutor of application under this section
Adjournment on application under this section
526A. Omitted
526B. Power of Sessions Judge to transfer cases
527. Omitted
528. Sessions Judge may withdraw cases from Assistant Sessions Judge.
[Chief Metropolitan Magistrate, Chief Judicial Magistrate or District ] Magistrate may withdraw or refer cases.
Power to authorise [Chief Metropolitan Magistrate or the Chief Judicial Magistrate] to withdraw classes of cases.
CHAPTER XLV
OF IRREGULAR PROCEEDINGS
529. Irregularities which do not vitiate proceedings
530. Irregularities which vitiate proceedings
531. Proceedings in wrong place
532. Omitted
533. Non-compliance with provisions of section 164 or 364
534. Omitted
535. Effect of omission to prepare charge
536. Omitted
537. Finding or sentence when reversible by reason of error or omission in charge or other proceedings
538. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings
CHAPTER XLVI
MISCELLANEOUS
539. Courts and persons before whom affidavits may be sworn
539A. Affidavit in proof of conduct of public servant
539B. Local inspection
540. Power to summon material witness or examine person present
540A. Provision for inquiries and trial being held in the absence of accused in certain cases
541. Power to appoint place of imprisonment
Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail
542. Repealed
543. Interpreter to be bound to interpret truthfully
544. Expenses of complainants and witnesses
545. Power of Court to pay expenses or compensation out of fine
546. Payments to be taken into account in subsequent suit
546A. Order of payment of certain fees paid by complainant in non-cognizable cases
547. Moneys ordered to be paid recoverable as fines
548. Copies of proceedings
549. Delivery to military authorities of persons liable to the tried by Court-martial
Apprehension of such persons
550. Powers to police to seize property suspected to be stolen
551. Power of superior officers of police
552. Power to compel restoration of abducted females
553. Repealed
554. Power of chartered High Court Division to make rules for inspection of records of subordinate Courts
Power of other High Court Division to make rules for other purposes
555. Forms
556. Case in which Judge or Magistrate is personally interested
557. Practicing pleader not to sit as Magistrate in certain Courts
558. Power to decide language of Courts
559. Provision for powers of Judges and Magistrates being exercised by their successors in office
560. Officers concerned in sales not to purchase or bid for property
561. Special provisions with respect to offence of rape by a husband
561A. Saving of inherent power of High Court Division
First Offenders
562. Repealed
563. Repealed
564. Repealed
Previously convicted offenders
565. Order for notifying address of previously convicted offender
SCHEDULE
 
 

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Ministry of Law, Justice and Parliamentary Affairs