LexThe CODE OF CRIMINAL PROCEDURE, 1973
Punjab · state statute
Open in Lexace · Ask the AI about this act THE CODE OF CRIMINAL PROCEDURE, 1973
ACT NO. 2 OF 1974
[25th January, 1974.]
An Act to consolidate and amend the law relating to Criminal
Procedure.
BE it enacted by Parliament in the Twenty-fourth Year of the
Republic of India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title extent and commencement.
1. Short title extent and commencement. (1) This Act may be
called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and
Kashmir:
Provided that the provisions of this Code, other than those
relating to Chapters VIII, X and XI thereof, shall not apply-
(a) to the State of Nagaland,
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such
provisions or any of them to the whole or part of the State of
Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications, as may be
specified in the notification.
Explanation.-In this section, "tribal areas" means the
territories which immediately before the 21st day of January, 1972,
were included in the tribal areas of Assam, as referred to in
paragraph 20 of the Sixth Schedule to the Constitution, other than
those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
2.
Definitions.
2. Definitions. In this Code, unless the context otherwise
requires,-
(a) "bailable offence" means an offence which is shown as
bailable in the First Schedule, or which is made bailable by
any other law for the time being in force; and "non-bailable
offence" means any other offence;
(b) "charge" includes any head of charge when the charge
contains more heads than one;
(c) "cognizable offence" means an offence for which, and
"cognizable case" means a case in which, a police officer
may, in
812
accordance with the First Schedule or under any other law for
the time being in force, arrest without warrant;
(d) "complaint" means any allegation made orally or in
writing to a Magistrate, with a view to his taking action
under this Code, that some person, whether known or unknown,
has committed an offence, but does not include a police
report.
Explanation.-A report made by a police officer in a case which
discloses, after investigation, the commission of a non-cognizable
offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant;
(e) "High Court" means,-
(i) in relation to any State, the High Court for that
State ;
(ii)in relation to a Union territory to which the juris-
diction of the High Court for a State has been extended
by law, that High Court;
(iii)in relation to any other Union territory, the
highest Court of criminal appeal for that territory
other than the Supreme Court of India;
(f) "India" means the territories to which this Code extends;
(g) "inquiry" means every inquiry, other than a trial,
conducted under this Code by a Magistrate or Court;
(h) "investigation" includes all the proceedings under this
Code for the collection of evidence conducted by a police
officer or by any person (other than a Magistrate) who is
authorised by a Magistrate in this behalf;
(i) "judicial proceeding" includes any proceeding in the
course of which evidence is or may be legally taken on oath ;
(j) "local jurisdiction", in relation to a Court or
Magistrate, means the local area within which the Court or
Magistrate may exercise all or any of its or his powers under
this Code 1*[and such local area may comprise the whole of the
State, or any part of the State, as the State Government may,
by notification, specify];
----------------------------------------------------------------------
1* Ins. by Act 45 of 1978, s. 2 (w.e,f, 18-12-1978).
----------------------------------------------------------------------
813
(k) "metropolitan area" means the area declared, or deemed
to be declared, under section 8, to be a metropolitan area ;
(l) "non-cognizable offence" means an offence for which,
and "non- cognizable case" means a case in which, a police
officer has no authority to arrest without warrant;
(m) "notification" means a notification published in the
Official Gazette ;
(n) "offence" means any act or omission made punishable by
any law for the time being in force and includes any act in
respect of which a complaint may be made under section 20 of
the Cattle-trespass Act, 1871 ( 1 of 1871);
(o) "officer in charge of a police station" includes, when
the officer in charge of the police station is absent from
the station house or unable from illness or other cause to
perform his duties, the police officer present at the
station-house who is next in rank to such officer and is
above the rank of constable or, when the State Government so
directs, any other police officer so present ;
(p) "place" includes a house, building, tent, vehicle and
vessel;
(q) "pleader", when used with reference to any proceeding
in any Court, means a person authorised by or under any law
for the time being in force, to practise in such Court, and
includes any other person appointed with the permission of
the Court to act in such proceeding ;
(r) "police report" means a report forwarded by a police
officer to Magistrate under sub-section (2) of section 173;
(s) "police station" means any post or place declared
generally or specially by the State Government, to be a
police station, and includes any local area specified by the
State Government in this behalf ;
(t) "prescribed" means prescribed by rules made under this
Code;
(u) "Public Prosecutor" means any person appointed under
section 24, and includes any person acting under the
directions of a Public Prosecutor ;
(v) "sub-division" means a sub-division of a district;
(w) "summons-case" means a case relating to an offence, and
not being a warrant-case ;
814
(x) "warrant-case" means a case relating to an offence
punishable with death, imprisonment for life or imprisonment
for a term exceeding two years;
(y) words and expressions used herein and not defined but
defined in the Indian Penal Code (45 of 1860) have the
meanings respectively assigned to them in that Code.
3.
Construction of references.
3. Construction of references. (1) In this Code,-
(a) any reference, without any qualifying words, to a
Magistrate, shall be construed, unless the context otherwise
requires,-
(i) in relation to an area outside a metropolitan
area, as a reference to a Judicial Magistrate ;
(ii)in relation to a metropolitan area, as a reference
to a Metropolitan Magistrate;
(b) any reference to a Magistrate of the second class
shall, in relation to an area outside a metropolitan area, be
construed as a reference to a Judicial Magistrate of the
second class, and, in relation to a metropolitan area, as a
reference to a Metropolitan Magistrate ;
(c) any reference to a Magistrate of the first class
shall,-
(i)in relation to a metropolitan area, be construed as a
reference to a Metropolitan Magistrate exercising
jurisdiction in that area,
(ii)in relation to any other area, be construed as a
reference to a Judicial Magistrate of the first class
exercising jurisdiction in that area ;
(d) any reference to the Chief Judicial Magistrate shall,
in relation to a metropolitan area, be construed as a
reference to the Chief Metropolitan Magistrate exercising
jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, any
reference to the Court of a Judicial Magistrate shall, in relation
to a metropolitan area, be construed as a reference to the Court of
the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any
enactment passed before the commencement of this Code,-
(a) to a Magistrate of the first class, shall be construed
as a reference to a Judicial Magistrate of the first class;
815
(b) to a Magistrate of the second class or of the third
class, shall be construed as a reference to a Judicial
Magistrate of the second class ;
(c) to a Presidency Magistrate or Chief Presidency
Magistrate, shall be construed as a reference, respectively,
to a Metropolitan Magistrate or the Chief Metropolitan
Magistrate ;
(d) to any area which is included in a metropolitan area,
as a reference to such metropolitan area, and any reference
to a Magistrate of the first class or of the second class in
relation to such area, shall be construed as a reference to
the Metropolitan Magistrate exercising jurisdiction in such
area.
(4) Where, under any law, other than this Code, the functions
exercisable by a Magistrate relate to matters-
(a) which involve the appreciation or sifting of evidence
or the formulation of any decision which exposes any person
to any punishment or penalty or detention in custody pending
investigation, inquiry or trial or would have the effect of
sending him for trial before any Court, they shall, subject
to the provisions of this Code, be exercisable by a Judicial
Magistrate ; or
(b) which are administrative or executive in nature, such
as, the granting of a licence, the suspension or cancellation
of a licence, sanctioning a prosecution or withdrawing from a
prosecution, they shall, subject as aforesaid, be exercisable
by an Executive Magistrate.
4.
Trial of offences under the Indian Penal Code and other laws.
4. Trial of offences under the Indian Penal Code and other laws.
(1) All offences under the Indian Penal Code (45 of 1860) shall be
investigated, inquired into, tried, and otherwise dealt with according
to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated,
inquired into, tried, and otherwise dealt with according to the same
provisions, but subject to any enactment for the time being in force
regulating the manner or place of investigating, inquiring into,
trying or otherwise dealing with such offences.
5.
Saving.
5. Saving. Nothing contained in this Code shall, in the
absence of a specific provision to the contrary, affect any special or
local law for the time being in force, or any special jurisdiction or
power conferred, or any special form of procedure prescribed, by any
other law for the time being in force.
816
CHAP
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6.
Classes Criminal Courts.
6. Classes Criminal Courts. Besides the High Courts and the
Courts constituted under any law, other than this Code, there shall
be, in every State, the following classes of Criminal Courts, namely:-
(i) Courts of Session ;
(ii) Judicial Magistrates of the first class and, in any
metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class ; and
(iv) Executive Magistrates.
7.
Territorial divisions.
7. Territorial divisions. (1) Every State shall be a sessions
division or shall consist of sessions divisions; and every sessions
division shall, for the purposes of this Code, be a district or
consist of districts :
Provided that every metropolitan area shall, for the said
purposes, be a separate sessions division and district.
(2) The State Government may, after consultation with the High
Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High
Court, divide any district into sub-divisions and may alter the limits
or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing
in a State at the commencement of this Code, shall be deemed to have
been formed under this section.
8.
Metropolitan areas.
8. Metropolitan areas. (1) The State Government may, by
notification, declare that, as from such date as may be specified in
the notification, any area in the State comprising a city or town
whose population exceeds one million shall be a metropolitan area for
the purposes of this Code.
(2) As from the commencement of this Code, each of the
Presidency towns of Bombay, Calcutta and Madras and the city of
Ahmedabad shall be deemed to be declared under sub-section (1) to be a
metropolitan area.
(3) The State Government may, by notification, extend, reduce
or alter the limits of a metropolitan area but the reduction or
alteration shall not be so made as to reduce the population of such
area to less than one million.
(4) Where, after an area has been declared, or deemed to have
been declared to be, a metropolitan area, the population of such area
falls below
817
one million, such area shall, on and from such date as the State
Government may, by notification, specify in this behalf, cease to be a
metropolitan area; but notwithstanding such cesser, any inquiry, trial
or appeal pending immediately before such cesser before any Court or
Magistrate in such area shall continue to be dealt with under this
Code, as if such cesser had not taken place.
(5)Where the State Government reduces or alters, under sub-
section (3), the limits of any metropolitan area, such reduction or
alteration shall not affect any inquiry, trial or appeal pending
immediately before such reduction or alteration before any Court or
Magistrate, and every such inquiry, trial or appeal shall continue to
be dealt with under this Code as if such reduction or alteration had
not taken place.
Explanation.-In this section, the expression "population" means
the population as ascertained at the last preceding census of which
the relevant figures have been published.
9.
Court of Session.
9.Court of Session. (1) The State Government shall establish a
Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to
be appointed by the High Court.
(3)The High Court may also appoint Additional Sessions Judges and
Assistant Sessions Judges to exercise jurisdiction in a Court of
Session.
(4)The Sessions Judge of one sessions division may be appointed
by the High Court to be also an Additional Sessions Judge of another
division and in such case he may sit for the disposal of cases at such
place or places in the other division as the High Court may direct.
(5)Where the office of the Sessions Judge is vacant, the High
Court may make arrangements for the disposal of any urgent application
which is, or may be, made or pending before such Court of Session by
an Additional or Assistant Sessions Judge, or, if there be no
Additional or Assistant Sessions Judge, by a Chief Judicial
Magistrate, in the sessions division; and every such Judge or
Magistrate shall have jurisdiction to deal with any such application.
(6)The Court of Session shall ordinarily hold its sitting at such
place or places as the High Court may, by notification, specify; but,
if, in any particular case, the Court of Session is of opinion that it
will tend to the general convenience of the parties and witnesses to
hold its sittings at any other place in the sessions division, it may,
with the consent of the
818
prosecution and the accused, sit at that place for the disposal of the
case or the examination of any witness or witnesses therein.
Explanation.-For the purposes of this Code, "appointment" does
not include the first appointment, posting or promotion of a person by
the Government to any Service, or post in connection with the affairs
of the Union or of a State, where under any law, such appointment,
posting or promotion is required to be made by Government.
10.
Subordination of Assistant Sessions Judges.
10. Subordination of Assistant Sessions Judges.(1) All
Assistant Sessions Judges shall be subordinate to the Sessions Judge
in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules
consistent with this Code, as to the distribution of business among
such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal
of any urgent application, in the event of his absence or inability to
act, by an Additional or Assistant Sessions Judge, or, if there be no
Additional or Assistant Sessions Judge, by the Chief Judicial
Magistrate, and every such Judge or Magistrate shall be deemed to have
jurisdiction to deal with any such application.
11.
Courts of Judicial Magistrates.
11. Courts of Judicial Magistrates. (1) In every district (not
being a metropolitan area), there shall be established as many Courts
of Judicial Magistrates of the first class and of the second class,
and at such places, as the State Government may, after consultation
with the High Court, by notification, specify:
1*[Provided that the State Government may, after consultation with
the High Court, establish, for any local area, one or more Special
Courts of Judicial Magistrates of the first class or of the second
class to try any particular case or particular class of cases, and
where any such Special Court is established, no other Court of
Magistrate in the local area shall have jurisdiction to try any case
or class of cases for the trial of which such Special Court of
Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall be appointed by
the High Court.
(3) The High Court may, whenever it appears to it to be
expedient or necessary, confer the powers of a Judicial Magistrate of
the first class or of the second class on any member of the Judicial
Service of the State, functioning as a Judge in a Civil Court.
----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978).
----------------------------------------------------------------------
819
12.
Chief Judicial Magistrate and Additional Chief Judicial Magistrate,etc.
12. Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc. (1) In every district (not being a metropolitan
area), the High Court shall appoint a Judicial Magistrate of the first
class to be the Chief Judicial Magistrate.
(2)The High Court may appoint any Judicial Magistrate of the
first class to be an Additional Chief Judicial Magistrate, and such
Magistrate shall have all or any of the powers of a Chief Judicial
Magistrate under this Code or under any other law for the time being
in force as the High Court may direct.
(3)(a) The High Court may designate any Judicial Magistrate of
the first class in any sub-division as the Sub-divisional Judicial
Magistrate and relieve him of the responsibilities specified in this
section as occasion requires.
(b)Subject to the general control of the Chief Judicial
Magistrate, every Sub-divisional Judicial Magistrate shall also have
and exercise such powers of supervision and control over the work of
the Judicial Magistrates (other than Additional Chief Judicial
Magistrates) in the sub-division as the High Court may, by general or
special order, specify in this behalf.
13.
Special Judicial Magistrates.
13. Special Judicial Magistrates. (1) The High Court may, if
requested by the Central or State Government so to do, confer upon any
person who holds or has held any post under the Government, all or any
of the powers conferred or conferrable by or under this Code on a
Judicial Magistrate 1*[of the first class or of the second class, in
respect to particular cases or to particular classes of cases, in any
local area, not being a metropolitan area] :
Provided that no such power shall be conferred on a person unless
he possesses such qualification or experience in relation to legal
affairs as the High Court may, by rules, specify.
(2)Such Magistrates shall be called Special Judicial Magistrates
and shall be appointed for such term, not exceeding one year at a
time, as the High Court may, by general or special order, direct.
2* [(3) The High Court may empower a Special Judicial
Magistrate to exercise the powers of a Metropolitan Magistrate in
relation to any metropolitan area outside his local jurisdiction.]
---------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-
1978).
2 Ins. by s. 4, ibid. (w.e.f. 18-12-1978).
-----------------------------------------------------------------------
820
14.
Local jurisdiction of Judicial Magistrates.
14. Local jurisdiction of Judicial Magistrates. (1) Subject to
the control of the High Court, the Chief Judicial Magistrate may, from
time to time, define the local limits of the areas within which the
Magistrates appointed under section 11 or under section 13 may
exercise all or any of the powers with which they may respectively be
invested under this Code :
1*[Provided that the Court of a Special Judicial Magistrate may
hold its sitting at any place within the local area for which it is
established.]
(2)Except as otherwise provided by such definition, the
jurisdiction and powers of every such Magistrate shall extend
throughout the district.
1[(3) Where the local jurisdiction of a Magistrate, appointed
under section 11 or section 13 or section 18, extends to an area
beyond 'the district, or the metropolitan area, as the case may be, in
which he ordinarily holds Court, any reference in this Code to the
Court of Session, Chief Judicial Magistrate or the Chief Metropolitan
Magistrate shall, in relation to such Magistrate, throughout the area
within his local jurisdiction, be construed, unless the context
otherwise requires, as a reference to the Court of Session, Chief
Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may
be, exercising jurisdiction in relation to the said district or
metropolitan area.]
15.
Subordination of Judicial Magistrates.
15. Subordination of Judicial Magistrates. (1) Every Chief
Judicial Magistrate shall be subordinate to the Sessions Judge ; and
every other Judicial Magistrate shall, subject to the general control
of the Sessions Judge, be subordinate to the Chief Judicial
Magistrate.
(2)The Chief Judicial Magistrate may, from time to time, make
rules or give special orders, consistent with this Code, as to the
distribution of business among the Judicial Magistrates subordinate to
him.
16.
Courts of Metropolitan Magistrates.
16. Courts of Metropolitan Magistrates. (1) In every
metropolitan area, there shall be established as many Courts of
Metropolitan Magistrates, and at such places, as the State Government
may, after consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by
the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate
shall extend throughout the metropolitan area.
--------------------------------------------------------------------
1 Ins. by Act 45 of 1978, S. 5 (w.e.f. 18-12-1978).
---------------------------------------------------------------------
821
17.
Chief Metropolitan Magistrates and Additional Chief
MetropolitanMagistrates.
17. Chief Metropolitan Magistrates and Additional Chief
Metropolitan Magistrates. (1) The High Court shall, in relation to
every metropolitan area within its local jurisdiction, appoint a
Metropolitan Magistrate to be the Chief Metropolitan Magistrate for
such metropolitan area.
(2)The High Court may appoint any Metropolitan Magistrate to be
an Additional Chief Metropolitan Magistrate, and such Magistrate shall
have all or any of the powers of a Chief Metropolitan Magistrate under
this Code or under any other law for the time being in force as the
High Court may direct.
18.
Special Metropolitan Magistrates.
18. Special Metropolitan Magistrates. (1) The High Court may,
if requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all or
any of the powers conferred or conferrable by or under this Code on a
Metropolitan Magistrate,*** in inspect to particular cases or to
particular classes of cases in any metropolitan area within its local
jurisdiction :
Provided that no such power shall be conferred on a person unless
lie possesses such qualification or experience in relation to legal
affairs as the High Court may, by rules, specify.
(2)Such Magistrates shall be called Special Metropolitan
Magistrates and shall be appointed for such term, not exceeding one
year at a time, as the High Court may, by general or special order,
direct.
2* [(3) The High Court or the State Government, as the case may
be, may empower any Special Metropolitan Magistrate to exercise, in
any local area outside the metropolitan area, the powers, of a
Judicial Magistrate of the first class.]
19.
Subordination of Metropolitan Magistrates.
19. Subordination of Metropolitan Magistrates. (1) The Chief
Metropolitan Magistrate and every Additional Chief Metropolitan
Magistrate shall be subordinate to the Sessions Judge; and every other
Metropolitan Magistrate shall, subject to the general control of the
Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2)The High Court may, for the purposes of this Code, define the
extent of the subordination, if any, of the Additional Chief
Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3)The Chief Metropolitan Magistrate may, from time to time, make
rules or give special orders, consistent with this Code, as to the
distribu-
----------------------------------------------------------------------
1 Omitted by Act 45 of 1978, s, 6 (w.e.f. 18-12-1978).
2 Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 18-12-1978).
---------------------------------------------------------------------
822
tion of business among the Metropolitan Magistrates and as to the
allocation of business to an Additional Chief Metropolitan Magistrate.
20.
Executive Magistrates.
20. Executive Magistrates. (1) In every district and in every
metropolitan area, the State Government may appoint as many persons as
it thinks fit to be Executive Magistrates and shall appoint one of
them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to
be an Additional District Magistrate, and such Magistrate shall have
1*[such] of the powers of a District Magistrate under this Code or
under any other law for the time being in force 2*[as may be directed
by the State Government].
(3) Whenever, in consequence of the office of a District
Magistrate becoming vacant, any officer succeeds temporarily to the
executive administration of the district, such officer shall, pending
the orders of he State Government, exercise all the powers and
perform all the duties respectively conferred and imposed by this Code
on the District Magistrate.
(4) The State Government may place an Executive Magistrate in
charge of a sub-division and may relieve him of the charge as occasion
requires; and the Magistrate so placed in charge of a sub-division
shall be called the Sub-divisional Magistrate.
(5) Nothing in this section shall preclude the State Government
from conferring, under any law for the time being in force, on a
Commissioner of Police, all or any of the powers of an Executive
Magistrate in relation to a metropolitan area.
21.
Special Executive Magistrates.
21. Special Executive Magistrates. The State Government may
appoint, for such term as it may think fit, Executive Magistrates, to
be known as Special Executive Magistrates for particular areas or for
the performance of particular functions and confer on such Special
Executive Magistrates such of the powers as are conferrable under this
Code on Executive Magistrates, as it may deem fit.
22.
Local jurisdiction of Executive Magistrates.
22. Local jurisdiction of Executive Magistrates. (1) Subject to
the control of the State Government, the District Magistrate may, from
time to time, define the local limits of the areas within which the
Executive Magistrates may exercise all or any of the powers with which
they may be invested under this Code.
---------------------------------------------------------------------
*1 Subs. by Act 45 of 1978, s. 7, for "all or any" (w.e.f. 18-12-
1978).
2 Ins. by s. 7, ibid. (w.e.f. 18-12-1978).
---------------------------------------------------------------------
823
(2)Except as otherwise provided by such definition, the
jurisdiction and powers of every such Magistrate shall extend
throughout the district.
23.
Subordination of Executive Magistrates.
23. Subordination of Executive Magistrates. (1) All Executive
Magistrates, other than the Additional District Magistrate, shall be
subordinate to the District Magistrate, and every Executive Magistrate
(other than the Sub-divisional Magistrate) exercising powers in a sub-
division shall also be subordinate to the Sub-divisional Magistrate,
subject, however, to the general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or
give special orders, consistent with this Code, as to the distribution
of business among the Executive Magistrates subordinate to him and as
to the allocation of business to an additional District Magistrate.
24.
Public Prosecutors.
1*[24. Public Prosecutors. (1) For every High Court, the Central
Government or the State Government shall, after consultation with the
High Court, appoint a Public Prosecutor and may also appoint one or
more Additional Public Prosecutors, for conducting in such Court, any
prosecution, appeal or other proceeding on behalf of the Central
Government or State Government, as the case may be.
(2)The Central Government may appoint one or more Public
Prosecutors for the purpose of conducting any case or class of cases
in any district or local area.
(3)For every district, the State Government shall appoint a
Public Prosecutor and may also appoint one or more Additional Public
Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public
Prosecutor appointed for one district may be appointed also to be a
Public Prosecutor or an Additional Public Prosecutor, as the case may
be, for another district.
(4)The District Magistrate shall, in consultation with the
Sessions Judge, prepare a panel of names of persons, who are, in his
opinion fit to be appointed as Public Prosecutors or Additional Public
Prosecutors for the district.
(5)No person shall be appointed by the State Government as the
Public Prosecutor or Additional Public Prosecutor for the district
unless
----------------------------------------------------------------------
1 Subs. by Act 45 of 1978, s. 8, for s. 24 (w.e.f. 18-12-1978).
---------------------------------------------------------------------
824
his name appears in the panel of names prepared by the District
Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where
in a State there exists a regular Cadre of Prosecuting Officers, the
State Government shall appoint a Public Prosecutor or an Additional
Public Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no
suitable person is available in such Cadre for such appointment that
Government may appoint a person as Public Prosecutor or Additional
Public Prosecutor, as the case may be, from the panel of names
prepared by the District Magistrate under sub-section (4).
(7)A person shall be eligible to be appointed as a Public
Prosecutor or an Additional Public Prosecutor under sub-section (1) or
sub-section (2) or sub-section (3) or sub-section (6), only if he has
been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint,
for the purposes of any case or class of cases, a person who has been
in practice as an advocate for not less than ten years as a Special
Public Prosecutor.
(9) For the purposes of sub-section (7) and sub-section (8), the
period during which a person has been in practice as a pleader, or has
rendered (whether before or after the commencement of this Code)
service as a Public Prosecutor or as an Additional Public Prosecutor
or Assistant Public Prosecutor or other Prosecuting Officer, by
whatever name called, shall be deemed to be the period during which
such person has been in practice as an advocate.]
25.
Assistant Public Prosecutors.
25. Assistant Public Prosecutors. (1) The State Government
shall appoint in every district one or more Assistant Public
Prosecutors for conducting prosecutions in the Courts of Magistrates.
1*[(1A) The Central Government may appoint one or more Assistant
Public Prosecutors for the purpose of conducting any case or class
of cases in the Courts of Magistrates.]
(2) Save as otherwise provided in sub-section (3), no
police officer shall be eligible to be appointed as an Assistant
Public Prosecutor.
----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978)
----------------------------------------------------------------------
825
(3) Where no Assistant Public Prosecutor is available for the
purposes of any particular case, the District Magistrate may appoint
any other person to be the Assistant Public Prosecutor in charge of
that case;
Provided that a police officer shall not be so appointed-
(a) if he has taken any part in the investigation into the
offence with respect to which the accused being prosecuted; or
(b) if he is below the rank of Inspector.
CHAP
POWER OF COURTS
CHAPTER III
POWER OF COURTS
26.
Courts by which offences are triable.
26. Courts by which offences are triable. Subject to the
other provisions of this Code,-
(a) any offence under the Indian Penal Code (45 of 1860),
may be tried by-
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in
the First Schedule to be triable;
(b) any offence under any other law shall, when any Court is
mentioned in this behalf in such law, be tried by such Court
and when no Court is so mentioned, may be tried by-
(i) the High Court, or
(ii) any other Court by which such offence is shown in
the First Schedule to be triable.
27.
Jurisdiction in the case of juveniles.
27. Jurisdiction in the case of juveniles. Any offence not
punishable with death or imprisonment for life, committed by any
person who at the date when he appears or is brought before the Court
is under the age of sixteen years, may be tried by the Court of a
Chief Judicial Magistrate, or by any Court specially empowered under
the Children Act, 1960 (60 of 1960), or any other law for the time
being in force providing for the treatment, training and
rehabilitation of youthful offenders.
28.
Sentences which High Courts and Sessions Judges may pass.
28. Sentences which High Courts and Sessions Judges may pass.
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any
sentence authorised by law ; but any sentence of death passed by any
such Judge shall be subject to confirmation by the High Court.
826
(3) An Assistant Sessions Judge may pass any sentence authorised
by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding ten years.
29.
Sentences which Magistrates may pass.
29. Sentences which Magistrates may pass. (1) The Court of a
Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a
sentence of imprisonment for a term not exceeding three years, or of
fine not exceeding five thousand rupees, or of both.
(3) The Court of a Magistrate of the second class may pass a
sentence of imprisonment for a term not exceeding one year, or of fine
not exceeding one thousand rupees, or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the
powers of the Court of a Chief Judicial Magistrate and that of a
Metropolitan Magistrate, the powers of the Court of a Magistrate of
the first class.
30.
Sentences of imprisonment in default of fine.
30. Sentences of imprisonment in default of fine. (1) The
Court of a Magistrate may award such term of imprisonment in default
of payment of fine as is authorised by law:
Provided that the term-
(a) is not in excess of the powers of the Magistrate under
section 29;
(b) shall not, where imprisonment has been awarded as part
of the substantive sentence, exceed one-fourth of the term of
imprisonment which the Magistrate is competent to inflict as
punishment for the offence otherwise than as imprisonment in
default of payment of the fine.
(2) The imprisonment awarded under this section may be in
addition to a substantive sentence of imprisonment for the maximum
term awardable by the Magistrate under section 29.
31.
Sentences in cases of conviction of several offences at one trial.
31. Sentences in cases of conviction of several offences at one
trial. (1) When a person is convicted at one trial of two or more
offences, the Court may, subject to the provisions of section 71 of
the Indian Penal Code (45 of 1860), sentence him for such offences,
to the several punishments prescribed therefor which such Court is
competent to inflict; such punishments when consisting of
imprisonment to commence the one after
827
the expiration of the other in such order as the Court may direct,
unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be
necessary for the Court by reason only of the aggregate punishment for
the several offences being in excess of the punishment which it is
competent to inflict on conviction of a single offence, to send the
offender for trial before a higher Court:
Provided that-
(a) in no case shall such person be sentenced to
imprisonment for longer period than fourteen years;
(b) the aggregate punishment shall not exceed twice the
amount of punishment which the Court is competent to inflict
for a single offence.
(3) For the purpose of appeal by a convicted person, the
aggregate of the consecutive sentences passed against him under this
section shall be deemed to be a single sentence.
32.
Mode of conferring powers.
32. Mode of conferring powers. (1) In conferring powers under
this Code, the High Court or the State Government, as the case may
be, may, by order, empExcerpt shown. Open the full act in Lexace.