Pakistan Code of Criminal Procedure, 1898

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  • PART I - PRELIMINARY - CHAPTER I
  • 1. Short title
  • Commencement
  • Extent
  • 2. [Repealed by Act X of 1914]
  • 3. References to Code of Criminal Procedure and other repealed enactments.
  • Expressions in former Acts
  • 4. Definitions
  • Words referring to acts.
  • Words to have same meaning as in Pakistan Penal Code
  • 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 sub-divisions Existing sub-divisions maintained
  • C. Courts and Offices
  • 9. Court of Sessions
  • 10. District Magistrate
  • 11. Officers temporarily succeeding to vacancies in office of District Magistrates
  • 12. Subordinate Magistrates
  • Local limits of their jurisdiction
  • 13. Power to put Magistrate incharge of sub-division. Delegation of powers to District Magistrate
  • 14. Special Magistrates
  • 15. Benches of Magistrates
  • Power exercisable by Bench in absence of special direction
  • 16. Power to frame rules for guidance of Benches
  • 17. Subordination of Magistrates and Benches to District Magistrate; to Sub-divisional Magistrate Subordination of Assistant Sessions Judges to Sessions Judges
  • D. Courts of Presidency Magistrates
  • 18-21. [Omitted by A.O 1949]
  • E. Justices of the Peace
  • 22. Appointment of Justice of the Peace
  • 22-A. Power of Justice of Peace.
  • 22-B. Duties of Justice of Peace.
  • 23-24.[Repealed by Act XII of 1923]
  • 25. Ex-officio Justice of the Peace
  • F. Suspension and Removal
  • 26-27. [Repealed by A.O. 1937]
  • CHAPTER III - POWER OF COURTS
  • A. Description of Offences cognizable by each Court
  • 28. Offences under Penal Code
  • 29. Offences under other laws
  • 29-A. [Omitted by Act II of 1950]
  • 29-B. Jurisdiction in the case of juveniles
  • 30. Offences not punishable with death
  • B. Sentences which may be passed by Courts of various Classes
  • 31. Sentences which High Courts 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
  • 34. Higher Powers of certain District Magistrates
  • 34-A. [Omitted by Act II of 1950]
  • 35. Sentence in case of conviction of several offences at one trial Maximum term of punishment,
  • 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. Powers may be cancelled
  • PART III - GENERAL PROVISIONS
  • CHAPTER IV - OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS MAKING ARRESTS
  • 42. Public when to assist Magistrates and police
  • 43. Aid to person, other than police-officer, executing warrant
  • 44. Public to give information of certain offences
  • 45. Village headmen, accountants, land-holders and others bound to report certain matters
  • Appointment of village-headmen by District Magistrate or
  • Sub-divisional 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 arrests 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 State or of Railway Company
  • 73. Service of summons outside local limits.
  • 74. Proof of service in such cases and when serving person not present
  • B. Warrant of Arrest
  • 75. Form of warrant of arrest Continuance 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.
  • 86-A.Procedure for removal in custody to Tribal Area
  • 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 on breach of bond for appearance
  • 93. Provisions of this Chapter generally applicable to summons and warrants of arrest
  • E. Special Rules regarding processes issued for service or execution outside Pakistan and processes received from outside Pakistan for service or execution within Pakistan
  • 93-A.Sending of summons for service outside Pakistan
  • 93-B.Sending of warrants for execution outside Pakistan
  • 93-C.Service and execution in Pakistan of processes received from outside
  • Pakistan.
  • CHAPTER VII
  • OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENT ? 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 suspected to contain stolen property forged documents, etc.
  • 99 Disposal of things found in search beyond jurisdiction
  • 99-A.Power to declare certain publications forfeited and to issue search warrants for the same
  • 99-B.Application to High Court to set aside order of forfeiture
  • 99-C.Hearing by Special Bench
  • 99-D.Order of High Court setting aside forfeiture
  • 99-E.Evidence to prove nature or tendency of newspapers
  • 99-F.Procedure in High Court
  • 99-G.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. Powers to impound documents, 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 BEHAVIOR
  • A. Security for keeping the Peace on Conviction
  • 106. Security for keeping the peace on conviction
  • B. Security for keeping the peace in other Cases & Security for Good behavior
  • 107. Security for keeping the peace in other cases
  • Procedure of Magistrate not empowered to act under subsection (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 by Act XII of 1923]
  • 112. Order to be made
  • 113. Procedure in respect of persons present in Court
  • 114. Summons or warrants in case of persons 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. Proceeding 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 or Court of Session
  • 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 peace or good behaviour
  • 126. Discharge of sureties
  • 126-A. 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 assemble
  • 131. Powers of commissioned military officers to disperse assembly
  • 131-A. Power to use military force for public security and maintenance of law and order
  • 132. Protection against prosecution for acts done under this Chapter
  • 132-A. Definitions
  • CHAPTER X - PUBLIC NUISANCE
  • 133. Conditional; order for removal of nuisance
  • 134. Service or notification of order
  • 135. Person to whom order is addressed to bey or show cause or claim jury
  • 136. Consequence of his failing to do so
  • 137. Procedure where he appears to show cause
  • 138. Procedure where he claims jury
  • 139. Procedure where jury finds Magistrate's order to be reasonable
  • 139-A. Procedure where existence of public right is denied
  • 140. Procedure on order being made absolute
  • Consequence of disobedience to order
  • 141. Procedure on failure to appoint jury or omission to return verdict
  • 142. Injunction pending inquiry
  • 143. Magistrate may prohibit repetition or continuance of public nuisance
  • CHAPTER XI - TEMPORARY ORDERS IN URGENT CASES ON NUISANCE OR APPREHENDED DANGER
  • 144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger
  • CHAPTER XII - DISPUTES AS TO IMMOVABLE PROPERTY
  • 145. Procedure where dispute concerning land, etc., is likely to cause breach of peace
  • Inquiry as to possession
  • Party in possession to retain possession until legally evicted
  • 146. Power to attach subject of dispute
  • 147. Disputes concerning right 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 offences suspected
  • Where local investigation dispensed with
  • Where police officer incharge sees no sufficient ground for investigation
  • 158. Reports under section 157 how submitted s
  • 159. Power to hold investigation or preliminary enquiry
  • 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
  • Theft
  • 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 by Act XXVI o( 1951]
  • 185. High Court 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 Pakistan
  • 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 of offences by Courts of Session
  • 194. Cognizance of offences by High Court
  • Information by Advocate-General
  • 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
  • 196-A. Prosecution for certain classes of criminal conspiracy
  • 196-B. Preliminary inquiry in certain cases
  • 197. Prosecution of Judges and public servants
  • Power of President or Governor as to prosecution
  • 198. Prosecution for breach of contract, defamation and offences against marriage
  • 198-A. Prosecution for defamation against public servants in respect of their conduct in discharge of public functions
  • 199. Prosecution for adultery or enticing a married woman
  • 199-A. Objection by lawful guardian to complaint by person other than person aggrieved
  • 199-B. 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 COURT
  • 204. Issue of process
  • 205. Magistrate may dispense with personal attendance of accused
  • CHAPTER XVIII - OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT
  • 206-220.[Omitted by Law Reforms Ordinance. 1972]
  • 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 by Ordi. XII of 1972]
  • 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 requires 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 one 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 trial of cases
  • 241-A. Supply of statements and documents to accused
  • 242. Charge to be framed
  • 243. Conviction on admission of truth of accusation
  • 244. Procedure when no such admission is made
  • 244-A. Statement made under section 164
  • 245. Acquittal-Sentence
  • 245-A. Procedure in cases of previous convictions
  • 246. [Omitted by Law Reforms Ordinance, 1972]
  • 247. Non-appearance of complainant
  • 248. Withdrawal of complaint
  • 249. Power to stop proceedings when no complaint
  • 249-A. Power of Magistrate to acquit accused at any stage
  • Frivolous Accusation in cases tried by Magistrates
  • 250. False, frivolous or vexatious accusations
  • 250-A. Special summons in case of petty offences
  • CHAPTER XXI - OF THE TRIAL OF WARRANT CASES BY MAGISTRATES
  • 251-259. [Omitted by Law Reforms Ordinance, 1972]
  • CHAPTER XXII - OF SUMMARY TRIALS
  • 260. Power to try summarily
  • 261. Power to invest Bench of Magistrates invested with less power
  • 262. Procedure prescribed in Chapter XX applicable
  • 263. Record in cases where there is no appeal
  • 264. Record in appealable cases
  • 265. Language of record and judgment
  • Bench may be authorized to employ clerk
  • CHAPTER XXII-A - TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION
  • 265-A. Trial before Court of Session to be conducted by Public Prosecutor
  • 265-B. Procedure in cases triable by High Courts and Court of Session
  • 265-C. Supply of statements and documents to the accused
  • 265-D. When charge is to be framed
  • 265-E. Plea
  • 265-F. Evidence for prosecution
  • 265-G. Summing up by prosecutor and defence
  • 265-H. Acquittal or conviction
  • 265-I. Procedure in case of previous conviction
  • 265-J. Statement under section 164 admissible
  • 265-K. Power of Court to acquit accused at any stage.
  • 265-L Power of Advocate-General to stay prosecution
  • 265-M. Time of holding sittings
  • 265-N. Place of holding sittings
  • CHAPTER XXIII - OF TRIALS BEFORE HIGH COURTS AND COURTS OF SESSIONS
  • 266-336. [Omitted by Law Reforms Ordinance, 1972]
  • CHAPTER XXIV - GENERAL PROVISIONS AS TO TRIALS
  • 337. Tender of pardon to accomplice
  • 338. Power to grant or tender pardon
  • 339. Trial of person to whom pardon has been tendered
  • 339-A. Procedure in trial of person under section 339
  • 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
  • Remand
  • Reasonable cause for remand
  • 345. Compounding offences
  • 346. Procedure of Magistrate in cases which he cannot dispose of
  • 347. Procedure when, after commencement of trial, Magistrate finds case should be tried by Court of Session or High Court
  • 348. Trial of persons previously convicted of offences against coinage, stamp-law or property
  • 349. Procedure when Magistrate cannot pass sentence sufficiently severe
  • 350. Conviction on evidence partly recorded by one Magistrate and partly by another
  • 350-A. Changes in constitution of Benches
  • 351. Detention of offenders attending Court
  • 352. Court to be open
  • CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
  • 353- Evidence to be taken in presence of accused
  • 354. Mariner of recording evidence
  • 355. Record In trial of certain cases 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 355 or section 357
  • 360. Procedure in regard to such evidence when completed
  • 361. Interpretation of evidence to accused or his pleader
  • 362. [Omitted by A.O 1949}
  • 363. Remarks respecting demeanor of witness
  • 364. Examination of accused how recorded
  • 365. Record of evidence in High Court
  • CHAPTER XXVI - OF THE JUDGMENT
  • 366. Mode of delivering judgment
  • 367. Language of judgment, Contents of judgment. Judgment in alternative
  • 368. Sentence of death
  • 369. Court not to alter judgment
  • 370. [Omitted by A.O 1949}
  • 371. Copy of judgment, etc., to he given to accused
  • 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 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 for confirmation
  • 380 [Repealed by Ordi. LXV of 1960]
  • CHAPTER XXVIII - OF EXECUTION
  • 381. Execution of order passed under section 376
  • 382. Postponement of capital sentence on pregnant woman
  • 382-A. Postponement of execution of sentences of imprisonment under section 476 or for a period of less than one year
  • 382-B. Period of detention to be considered while awarding sentence of imprisonment.
  • 382-C. Scandalous or false and frivolous pleas to be considered in passing sentence
  • 383. Execution of sentences of imprisonment for life 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
  • 402-A. Sentences of death
  • 402-B. Certain restrictions on the exercise of powers by Provincial Govt.
  • 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
  • 406-A. Appeal from order refusing to accept or rejecting a surety
  • 407. Appeal from sentence of Magistrate of the second or third class
  • Transfer of appeals to first class Magistrate
  • 408. Appeal from sentence of Assistant Sessions Judge or Magistrate of the first class
  • 409. Appeal to Court of Session how heard
  • 410. Appeal from sentence of Court of Session
  • 411. [Omitted by A.0.1949]
  • 411-A. Appeal from sentence of High Court
  • 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 section 413 and 414
  • 415-A. Special right of appeal in certain cases
  • 416. [Repealed]
  • 417. Appeal in case of acquittal
  • 418. Appeal 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 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 to be taken.
  • 429. Procedure where Judge of Court of Appeal are equally divided.
  • 430. Finality of orders on appeal.
  • 431. Abatement of Appeals.
  • CHAPTER XXXII - OF REFERENCE AND REVISION
  • 432. [Omitted by A.O.1949]
  • 433. [Omitted by A.O.1949]
  • 434. [Omitted by Act XXVI of 1943]
  • 435. Power to call for records of inferior Courts.
  • 436. Power to order further inquiry.
  • 437. [Omitted by Law Reforms Ordinance,1972]
  • 438. Report to High Court.
  • 439. High Court's powers of revision.
  • 439-A. Sessions Judge's powers of revision.
  • 440. Optional with Court to hear parties.
  • 441. [Omitted by A.O. 1949]
  • 442. High Court's-order to be certified to lower Court or Magistrate.
  • PART VIII - SPECIAL PROCEEDINGS - CHAPTER XXXIII
  • 443-463. [Omitted by Act II of 1950]
  • CHAPTER XXXIV - LUNATICS
  • 464. Procedure in case of accused being lunatic
  • 465. Procedure in case of person sent for trial before Court of session or High Court being lunatic
  • 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 Provincial Government to relieve Inspector General of certain functions
  • 472. [Repealed by Act IV of 1912]
  • 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
  • 476-A. Forwarding of cases for trial by Court, having jurisdictions
  • 476-B. [Omitted by Law Reforms Ordinance, 1972]
  • 477. [Repealed by Code of Criminal Procedure (Amendment) Act, 1923]
  • 478. [Omitted by Law Reforms Ordinance 1972]
  • 479. [Omitted by Law Reforms Ordinance 1972]
  • 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 s. 480
  • 483. When Registrar or Sub-Registrar to be deemed a Civil Court within s. 480 and 482
  • 484. Discharge of offender on submission of apology
  • 485. Imprisonment or committal of person refusing to answer or produce document
  • 486. Appeals from convictions in contempt cases
  • 487. Certain Judge and Magistrates not to try offences referred to in section 195 when committed before themselves
  • CHAPTER XXXVI - OF THE MAINTENANCE OF WIVES AND CHILDREN
  • 488. Order for maintenance of wives and children
  • Enforcement of order
  • 489. Alteration in allowance
  • 490. Enforcement of order of maintenance
  • CHAPTER XXXVII - DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
  • 491. Power to issue directions of the nature of habeas corpus
  • 491-A. [Omitted by Act II of 1950]
  • PART IX - SUPPLEMENTARY PROVISIONS - CHAPTER XXXVIII - OF THE PUBLIC PROSECUTOR
  • 492. Power to appoint public Prosecutors
  • 493. Public Prosecutor may plead in all Courts 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
  • 498. Power to direct admission to bail or reduction of bail
  • 498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered
  • 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
  • 504. [Omitted by A.0.1949].
  • 505. Parties may examine witnesses
  • 506. Power of Magistrate to apply for issue of commission
  • 507. Return of commission
  • 508. Adjournment of inquiry or trial
  • 508-A. Application of this Chapter to Commissions issued in Burma
  • CHAPTER XLI - SPECIAL RULES OF EVIDENCE
  • 509. Deposition of medical witness
  • 510. Report of Chemical Examiner, Serologist etc
  • 511. Previous conviction or acquittal how proved
  • 512. Record of evidence in absence of accused
  • CHAPTER XLII - PROVISION AS TO BONDS
  • 513. Deposits instead of recognizance
  • 514. Procedure on forfeiture of bond
  • 514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited
  • 514-B. 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
  • 516-A. 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 or Sub-Divisional Magistrate
  • 519. Payment to innocent purchaser of money found on accused
  • 520. Stay of order under section 517, 518 or 519
  • 521. Destruction of libelous and other matter
  • 522. Power to restore possession of immovable property
  • 522-A. Power to restore possession of movable 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 TO CRIMINAL CASES
  • 526 High Court may transfer case or itself try it
  • 526-A. [Omitted by Ordinance XX of 1969]
  • 527. Power of Provincial Government to transfer cases and appeals
  • 528. Session Judge may withdraw cases form Assistant Sessions Judge
  • 528-A. Power of District Magistrate for transfer of cases etc.
  • CHAPTER XLV - OF IRREGULAR PROCEEDINGS
  • 529. Irregularities which do not vitiate proceedings
  • 530. Irregularities which vitiate proceedings
  • 531. Proceedings in wrong place
  • 532. [Omitted by Law Reforms Ordinance, 1972]
  • 533. Non-compliance with provisions of section 164 or 364
  • 534. [Omitted by Act II of 1950]
  • 535. Effect of omission to prepare charge
  • 536. [Omitted by Law Reforms Ordinance, 1972]
  • 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
  • 539-A. Affidavit in proof of conduct of public servant
  • 539-B. Local inspection
  • 540. Powers to summon material witness or examine person present
  • 540-A. Provision for trial being held in the absence of accused in certain cases
  • 541. Power to appoint place of imprisonment
  • 542. [Repealed by Act 26 of 1951]
  • 543. Interpreter to be bound to interpret truthfully
  • 544. Expenses of complainants and witnesses
  • 544-A. Compensation to the heirs of the person killed, etc.
  • 545. Power of Court to pay expenses or compensation out of fine
  • 546. Payments to be taken into account in subsequent suit
  • 546-A. 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 person liable to be tried by Court-martial
  • 550. Powers to police to seize property suspected to be stolen
  • 551. Powers of superior officers of police
  • 552. Power to compel restoration of abducted females
  • 553. [Repealed by Act XXVI of 1951]
  • 554. Power of High Courts to make rules for inspection of records of subordinate Courts
  • Power of other High Courts to make rules for other purposes
  • 555. Forms
  • 556. Case in which Judge or Magistrate is personally interested
  • 557. Practising pleader not to sit as Magistrate in certain Courts
  • 558. Power to decide language of Courts
  • 559. Provision; for powers of Judge and Magistrate being exercised by the successors in office
  • 560. Officers concerned in sale not to purchase or bid for property
  • 561. Special provisions with respect to offence of rape by a husband
  • 561-A. Saving of inherent power of High Court
  • 562-564. [Repealed]
  • Previously convicted offenders
  • 565. Order for notifying address of previously convicted offender

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