Code of Criminal Procedure Act, 1973 compared with The Bharatiya Nagarik Suraksha Sanhita, 2023

Section 1

Short title, extent and commencement

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Section 2

Definitions

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Section 3

Construction of references

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Section 4

Trial of offences under the Indian Penal Code and other laws

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Section 5

Saving

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Section 6

Classes of Criminal Courts

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Section 7

Territorial divisions

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Section 8

Metropolitan areas

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Section 9

Court of Session

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Section 10

Subordination of Assistant Sessions Judges

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Section 11

Courts of Judicial Magistrates

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Section 12

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

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Section 13

Special Judicial Magistrates

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Section 14

Local jurisdiction of Judicial Magistrates

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Section 15

Subordination of Judicial Magistrates

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Section 16

Courts of Metropolitan Magistrates

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Section 17

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates

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Section 18

Special Metropolitan Magistrates

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Section 19

Subordination of Metropolitan Magistrates

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Section 20

Executive Magistrates

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Section 21

Special Executive Magistrates

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Section 22

Local jurisdiction of Executive Magistrates

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Section 23

Subordination of Executive Magistrates

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Section 24

Public Prosecutors

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Section 25

Assistant Public Prosecutors

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Section 26

Courts by which offences are triable

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Section 27

Jurisdiction in the case of juveniles

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Section 28

Sentences which High Courts and Sessions Judges may pass

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Section 29

Sentences which Magistrates may pass

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Section 30

Sentence of imprisonment in default of fine

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Section 31

Sentence in cases of conviction of several offences at one trial

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Section 32

Mode of conferring powers

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Section 33

Powers of officers appointed

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Section 34

Withdrawal of powers

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Section 35

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

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Section 36

Powers of superior officers of police

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Section 37

Public when to assist Magistrates and police

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Section 38

Aid to person, other than police officer, executing warrant

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Section 39

Public to give information of certain offences

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Section 40

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

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Section 41

When police may arrest without warrant

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Section 42

Arrest on refusal to give name and residence

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Section 43

Arrest by Private person and procedure on such arrest

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Section 44

Arrest by Magistrate

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Section 45

Protection of members of the Armed Forces from arrest

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Section 46

Arrest how made

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Section 47

Search of place entered by person sought to be arrested

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Section 48

Pursuit of offenders into other jurisdictions

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Section 49

No unnecessary restraint

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Section 50

Person arrested to be informed of grounds of arrest and of right to bail

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Section 51

Search of arrested person

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Section 52

Power to seize offensive weapons

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Section 53

Examination of accused by medical practitioner at the request of police officer

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Section 54

Examination of arrested person by medical practitioner at the request of the arrested person

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Section 55

Procedure when police officer deputes subordinate to arrest without warrant

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Section 56

Person arrested to be taken before Magistrate or officer in charge of police station

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Section 57

Person arrested not to be detained more than twenty-four hours

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Section 58

Police to report apprehensions

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Section 59

Discharge of person apprehended

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Section 60

Power, on escape, to pursue and retake

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Section 61

Form of summons

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Section 62

Summons how served

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Section 63

Service of summons on corporate bodies and societies

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Section 64

Service when persons summoned cannot be found

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Section 65

Procedure when service cannot be effected as before provided

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Section 66

Service on Government

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Section 67

Service of summons outside local limits

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Section 68

Proof of service in such cases and when serving officer not present

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Section 69

Service of summons on witness by post

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Section 70

Form of warrant of arrest and duration

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Section 71

Power to direct security to be taken

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Section 72

Warrants to whom directed

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Section 73

Warrant may be directed to any person

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Section 74

Warrant directed to police officer

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Section 75

Notification of substance of warrant

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Section 76

Person arrested to be brought before Court without delay

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Section 77

Where warrant may be executed

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Section 78

Warrant forwarded for execution outside jurisdiction

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Section 79

Warrant directed to police officer for execution outside jurisdiction

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Section 80

Procedure on arrest of person against whom warrant issued

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Section 81

Procedure by Magistrate before whom such person arrested is brought

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Section 82

Proclamation for person absconding

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Section 83

Attachment of property of person absconding

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Section 84

Claims and objections to attachment

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Section 85

Release, sale and restoration of attached property

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Section 86

Appeal from order rejecting application for restoration of attached property

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Section 87

Issue of warrant in lieu of, or in addition to, summons

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Section 88

Power to take bond for appearance

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Section 89

Arrest on breach of bond for appearance

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Section 90

Provisions of this Chapter generally applicable to summonses and warrants of arrest

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Section 91

Summons to produce document or other thing

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Section 92

Procedure as to letters and telegrams

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Section 93

When search-warrant may be issued

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Section 94

Search of place suspected to contain stolen property, forged documents, etc

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Section 95

Power to declare certain publications forfeited and to issue search-warrants for the same

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Section 96

Application to High Court to set aside declaration of forfeiture

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Section 97

Search for persons wrongfully confined

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Section 98

Power to compel restoration of abducted females

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Section 99

Direction, etc., of search-warrants

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Section 100

Persons in charge of closed place to allow search

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Section 101

Disposal of things found in search beyond jurisdiction

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Section 102

Power of police officer to seize certain property

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Section 103

Magistrate may direct search in his presence

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Section 104

Power to impound document, etc., produced

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Section 105

Reciprocal arrangements regarding processes

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Section 106

Security for keeping the peace on conviction

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Section 107

Security for keeping the peace in other cases

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Section 108

Security for good behaviour from persons disseminating seditious matters

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Section 109

Security for good behaviour from suspected persons

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Section 110

Security for good behaviour from habitual offenders

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Section 111

Order to be made

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Section 112

Procedure in respect of person present in Court

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Section 113

Summons or warrant in case of person not so present

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Section 114

Copy of order to accompany summons or warrant

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Section 115

Power to dispense with personal attendance

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Section 116

Inquiry as to truth of information

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Section 117

Order to give security

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Section 118

Discharge of person informed against

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Section 119

Commencement of period for which security is required

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Section 120

Contents of bond

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Section 121

Power to reject sureties

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Section 122

Imprisonment in default of security

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Section 123

Power to release persons imprisoned for failing to give security

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Section 124

Security for unexpired period of bond

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Section 125

Order for maintenance of wives, children and parents

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Section 126

Procedure

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Section 127

Alteration in allowance

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Section 128

Enforcement of order of maintenance

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Section 129

Dispersal of assembly by use of civil force

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Section 130

Use of armed forces to disperse assembly

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Section 131

Power of certain armed force officers to disperse assembly

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Section 132

Protection against prosecution for acts done under preceding sections

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Section 133

Conditional order for removal of nuisance

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Section 134

Service or notification of order

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Section 135

Person to whom order is addressed to obey or show cause

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Section 136

Consequences of his failing to do so

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Section 137

Procedure where existence of public right is denied

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Section 138

Procedure where he appears to show cause

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Section 139

Power of Magistrate to direct local investigation and examination of an expert

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Section 140

Power of Magistrate to furnish written instructions, etc

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Section 141

Procedure on order being made absolute and consequences of disobedience

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Section 142

Injunction pending inquiry

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Section 143

Magistrate may prohibit repetition or continuance of public nuisance

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Section 144

Power to issue order in urgent cases of nuisance or apprehended danger

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Section 145

Procedure where dispute concerning land or water is likely to cause breach of peace

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Section 146

Power to attach subject of dispute and to appoint receiver

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Section 147

Dispute concerning right of use of land or water

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Section 148

Local inquiry

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Section 149

Police to prevent cognizable offences

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Section 150

Information of design to commit cognizable offences

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Section 151

Arrest to prevent the commission of cognizable offences

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Section 152

Prevention of injury to public property

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Section 153

Inspection of weights and measures

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Section 154

Information in cognizable cases

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Section 155

Information as to non-cognizable cases and investigation of such cases

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Section 156

Police officer’s power to investigate cognizable case

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Section 157

Procedure for investigation

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Section 158

Report how submitted

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Section 159

Power to hold investigation or preliminary inquiry

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Section 160

Police officer’s power to require attendance of witnesses

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Section 161

Examination of witnesses by police

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Section 163

No inducement to be offered

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Section 164

Recording of confessions and statements

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Section 165

Search by police officer

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Section 166

When officer in charge of police station may require another to issue search-warrant

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Section 167

Procedure when investigation cannot be completed in twentyfour hours

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Section 168

Report of investigation by subordinate police officer

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Section 169

Release of accused when evidence deficient

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Section 170

Cases to be sent to Magistrate, when evidence is sufficient

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Section 171

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

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Section 172

Diary of proceedings in investigation

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Section 173

Report of police officer on completion of investigation

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Section 174

Police to enquire and report on suicide, etc

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Section 175

Power to summon persons

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Section 176

Inquiry by Magistrate into cause of death

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Section 177

Ordinary place of inquiry and trial

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Section 178

Place of inquiry or trial

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Section 179

Offence triable where act is done or consequence ensues

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Section 180

Place of trial where act is an offence by reason of relation to other offence

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Section 181

Place of trial in case of certain offences

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Section 182

Offences committed by letters, etc

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Section 183

Offence committed on journey or voyage

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Section 184

Place of trial for offences triable together.- Where

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Section 185

Power to order cases to be tried in different sessions divisions

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Section 186

High Court to decide, in case of doubt, district where inquiry or trial shall take place

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Section 187

Power to issue summons or warrant for offence committed beyond local jurisdiction

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Section 188

Offence committed outside India

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Section 189

Receipt of evidence relating to offences committed outside India

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Section 190

Cognizance of offences by Magistrates

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Section 191

Transfer on application of the accused

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Section 192

Making over of cases to Magistrates

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Section 193

Cognizance of offences by Courts of Session

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Section 194

Additional and Assistant Sessions Judges to try cases made over to them

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Section 195

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

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Section 196

Prosecution for offences against the State and for criminal conspiracy to commit such offence

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Section 197

Prosecution of Judges and public servants

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Section 198

Prosecution for offences against marriage

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Section 199

Prosecution for defamation

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Section 200

Examination of complainant

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Section 201

Procedure by Magistrate not competent to take cognizance of the case

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Section 202

Postponement of issue of process

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Section 203

Dismissal of complaint

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Section 204

Issue of process

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Section 205

Magistrate may dispense with personal attendance of accused

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Section 206

Special summons in cases of petty offence

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Section 207

Supply to the accused of copy of police report and other documents

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Section 208

Supply of copies of statements and documents to accused in other cases triable by Court of Session

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Section 209

Commitment of case to Court of Session when offence is triable exclusively by it

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Section 210

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

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Section 211

Contents of charge

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Section 212

Particulars as to time, place and person

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Section 213

When manner of committing offence must be stated

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Section 214

Words in charge taken in sense of law under which offence is punishable

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Section 215

Effect of errors

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Section 216

Court may alter charge

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Section 217

Recall of witnesses when charge altered

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Section 218

Separate charges for distinct offences

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Section 219

Three offences of same kind within year may be charged together

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Section 220

Trial for more than one offence

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Section 221

Trial for more than one offence-1

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Section 222

When offence proved included in offence charged

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Section 223

What persons may be charged jointly

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Section 224

Withdrawal of remaining charges on conviction on one of several charges

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Section 225

Trial to be conducted by Public Prosecutor

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Section 226

Opening case for prosecution

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Section 227

Discharge

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Section 228

Framing of charge

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Section 229

Conviction on plea of guilty

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Section 230

Date for prosecution evidence

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Section 231

Evidence for prosecution

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Section 232

Acquittal

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Section 233

Entering upon defence

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Section 234

Arguments

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Section 235

Judgment of acquittal of conviction

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Section 236

Previous conviction

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Section 237

Procedure in cases instituted under section 199(2)

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Section 238

Compliance with section 207

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Section 239

When accused shall be discharged

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Section 240

Framing of charge

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Section 241

Conviction on plea of guilty

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Section 242

Evidence for prosecution

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Section 243

Evidence for defence

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Section 244

Evidence for prosecution

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Section 245

When accused shall be discharged

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Section 246

Procedure where accused is not discharged

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Section 247

Evidence for defence

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Section 248

Acquittal or conviction

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Section 249

Absence of complainant

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Section 250

Compensation for accusation without reasonable cause

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Section 251

Substance of accusation to be stated

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Section 252

Conviction on plea of guilty

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Section 253

Conviction on plea of guilty in absence of accused in petty cases

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Section 254

Procedure when not convicted

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Section 255

Acquittal or conviction

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Section 256

Non-appearance or death of complainant

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Section 257

Withdrawal of complaint

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Section 258

Power to stop proceedings in certain cases

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Section 259

Power of Court to convert summons-cases into warrant-cases

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Section 260

Power to try summarily

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Section 261

Summary trial by Magistrate of the second class

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Section 262

Procedure for summary trials

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Section 263

Record in summary trials

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Section 264

Judgment in cases tried summarily

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Section 265

Language of record and judgment

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Section 266

Definitions

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Section 267

Power to require attendance of prisoners

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Section 268

Power of State Government to exclude certain persons from operation of section 267

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Section 269

Officer in charge of prison to abstain from carrying out order in certain contingencies

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Section 270

Prisoner to be brought to Court in custody

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Section 271

Power to issue commission for examination of witness in prison

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Section 272

Language of Courts

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Section 273

Evidence to be taken in presence of accused

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Section 274

Record in summons cases and inquiries

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Section 275

Record in warrant-cases

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Section 276

Record in trial before Court of Session

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Section 277

Language of record of evidence

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Section 278

Procedure in regard to such evidence when completed

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Section 279

Interpretation of evidence to accused or his pleader

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Section 280

Remarks respecting demeanour of witness

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Section 281

Record of examination of accused

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Section 282

Interpreter to be bound to interpret truthfully

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Section 283

Record in High Court

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Section 284

When attendance of witness may be dispensed with and commission issued

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Section 285

Commission to whom to be issued

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Section 286

Execution of commissions

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Section 287

Parties may examine witnesses

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Section 288

Return of commission

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Section 289

Adjournment of proceeding

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Section 290

Execution of foreign commissions

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Section 291

Deposition of medical witness

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Section 292

Evidence of the officers of the Mint

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Section 293

Reports of certain Government scientific experts

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Section 294

No formal proof of certain documents

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Section 295

Affidavit in proof of conduct of public servant

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Section 296

Evidence of formal character on affidavit

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Section 297

Authorities before whom affidavits may be sworn

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Section 298

Previous conviction or acquittal how proved

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Section 299

Record of evidence in absence of accused

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Section 300

Person once convicted or acquitted not to be tried for same offence

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Section 301

Appearance by Public Prosecutors

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Section 302

Permission to conduct prosecution

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Section 303

Right of person against whom proceedings are instituted to be defended

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Section 304

Legal aid to accused at State expense in certain cases

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Section 305

Procedure when corporation or registered society is an accused

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Section 306

Tender of pardon to accomplice

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Section 307

Power to direct tender of pardon

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Section 308

Trial of person not complying with conditions of pardon

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Section 309

Power to postpone or adjourn proceedings

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Section 310

Local inspection

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Section 311

Power to summon material witness, or examine person present

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Section 312

Expenses of complainants and witnesses

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Section 313

Power to examine the accused

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Section 314

Oral arguments and memorandum of arguments

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Section 315

Accused person to be competent witness

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Section 316

No influence to be used to induce disclosure

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Section 317

Provision for inquiries and trial being held in the absence of accused in certain cases

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Section 318

Procedure where accused does not understand proceedings

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Section 319

Power to proceed against other persons appearing to be guilty of offence

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Section 320

Compounding of offences

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Section 321

Withdrawal from prosecution

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Section 322

Procedure in cases which Magistrate cannot dispose

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Section 323

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

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Section 324

Trial of persons previously convicted of offences against coinage, stamp-law or property

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Section 325

Procedure when Magistrate cannot pass sentence sufficiently severe

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Section 326

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

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Section 327

Court to be open

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Section 328

Procedure in case of accused being lunatic

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Section 329

Procedure in case of person of unsound mind tried before Court

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Section 330

Release of lunatic pending investigation or trial

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Section 331

Resumption of inquiry or trial

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Section 332

Procedure on accused appearing before Magistrate or Court

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Section 333

When accused appears to have been of sound mind

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Section 334

Judgment of acquittal on ground of unsoundness of mind

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Section 335

Person acquitted on such ground to be detained in safe custody

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Section 336

Power of State Government to empower officer in charge to discharge

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Section 337

Procedure where lunatic prisoner is reported capable of making his defence

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Section 338

Procedure where lunatic detained is declared fit to be released

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Section 339

Delivery of lunatic to care of relative or friend

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Section 340

Procedure in cases mentioned in section 195

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Section 341

Appeal

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Section 342

Power to order costs

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Section 343

Procedure of Magistrate taking cognizance

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Section 344

Summary procedure for trial for giving false evidence

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Section 345

Procedure in certain cases of contempt

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Section 346

Procedure where Court considers that case should not be dealt with under section 345

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Section 347

When Registrar or Sub-Registrar to be deemed a Civil Court

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Section 348

Discharge of offender on submission of apology

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Section 349

Imprisonment or committal of person refusing to answer or produce document

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Section 350

Summary procedure for punishment for non-attendance by a witness in obedience to summons

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Section 351

Appeals from convictions under sections 344, 345, 349 and 350

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Section 352

Certain Judges and Magistrates not to try certain offences when committed before themselves

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Section 353

Judgment

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Section 354

Language and contents of judgment

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Section 355

Metropolitan Magistrates judgment

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Section 356

Order for notifying address of previously convicted offender

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Section 357

Order to pay compensation

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Section 358

Compensation to persons groundlessly arrested

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Section 359

Order to pay costs in non-cognizable cases

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Section 360

Order to release on probation of good conduct or after admonition

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Section 361

Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with

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Section 362

Court not to alter judgment

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Section 363

Copy of judgment to be given to the accused and other persons

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Section 364

Judgment when to be translated

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Section 365

Court of Session to send copy of finding and sentence to District Magistrate

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Section 366

Sentence of death to be submitted by Court of Session for confirmation

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Section 367

Power to direct further inquiry to be made or additional evidence to be taken

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Section 368

Power of High Court to confirm sentence or annul conviction

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Section 369

Confirmation or new sentence to be signed by two Judges

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Section 370

Procedure in case of difference of opinion

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Section 371

Procedure in cases submitted to High Court for confirmation

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Section 372

No appeals to lie unless otherwise provided

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Section 373

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

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Section 374

Appeals from convictions

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Section 375

No appeal in certain cases when accused pleads guilty

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Section 376

No appeal in petty cases

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Section 377

Appeal by the State Government against sentence

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Section 378

Appeal in case of acquittal

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Section 379

Appeal against conviction by High Court in certain cases

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Section 380

Special right of appeal in certain cases

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Section 381

Appeal to Court of Session how heard

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Section 382

Petition of appeal

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Section 383

Procedure when appellant in jail

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Section 384

Summary dismissal of appeal

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Section 385

Procedure for hearing appeals not dismissed summarily

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Section 386

Powers of the Appellate Court

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Section 387

Judgments of subordinate Appellate Court

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Section 388

Order of High Court on appeal to be certified to lower Court

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Section 389

Suspension of sentence pending the appeal; release of appellant on bail

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Section 390

Arrest of accused in appeal from acquittal

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Section 391

Appellate Court may take further evidence or direct it to be taken

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Section 392

Procedure where Judges of Court of Appeal are equally divided

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Section 393

Finality of judgments and orders on appeal

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Section 394

Abatement of appeal

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Section 395

Reference to High Court

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Section 396

Disposal of case according to decision of High Court

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Section 397

Calling for records to exercise powers of revision

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Section 398

Power to order inquiry

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Section 399

Sessions Judges powers of revision

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Section 400

Power of Additional Sessions Judge

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Section 401

High Courts powers of revision

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Section 402

Power of High Court to withdraw or transfer revision cases

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Section 403

Option of Court to hear parties

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Section 404

Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court

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Section 405

High Courts order to be certified to lower Court

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Section 406

Power to Supreme Court to transfer cases and appeals

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Section 407

Power of High Court to transfer cases and appeals

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Section 408

Power of Sessions Judge to transfer cases and appeals

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Section 409

Withdrawal of cases and appeals by Sessions Judges

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Section 410

Withdrawal of cases by Judicial Magistrates

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Section 411

Making over or withdrawal of cases by Executive Magistrates

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Section 412

Reasons to be recorded

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Section 413

Execution of order passed under section 368

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Section 414

Execution of sentence of death passed by High Court

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Section 415

Postponement of execution of sentence of death in case of appeal to Supreme Court

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Section 416

Postponement of capital sentence on pregnant woman

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Section 417

Power to appoint place of imprisonment

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Section 418

Execution of sentence of imprisonment

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Section 419

Direction of warrant for execution

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Section 420

Warrant with whom to be lodged

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Section 427

Sentence on offender already sentenced for another offence

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Section 428

Period of detention undergone by the accused to be set off against the sentence of imprisonment

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Section 429

Saving

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Section 430

Return of warrant on execution of sentence

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Section 431

Money ordered to be paid recoverable as a fine

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Section 432

Power to suspend or remit sentences

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Section 433

Power to commute sentence

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Section 434

Concurrent power of Central Government in case of death sentences

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Section 435

State Government to act after consultation with Central Government in certain cases

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Section 436

In what cases bail to be taken

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Section 437

When bail may be taken in case of non-bailable offence

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Section 438

Direction for grant of bail to person apprehending arrest

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Section 440

Amount of bond and reduction thereof

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Section 441

Bond of accused and sureties

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Section 442

Discharge from custody

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Section 443

Power to order sufficient bail when that first taken in insufficient

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Section 444

Discharge of sureties

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Section 445

Deposit instead of recognizance

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Section 446

Procedure when bond has been forfeited

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Section 447

Procedure in case of insolvency or death of surety or when a bond is forfeited

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Section 448

Bond required from minor

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Section 449

Appeal from orders under section 446

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Section 450

Power to direct levy of amount due on certain recognizances

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Section 451

Order for custody and disposal of property pending trial in certain cases

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Section 452

Order for disposal of property at conclusion of trial

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Section 453

Payment to innocent purchaser of money found on accused

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Section 454

Appeal against orders under section 452 or section 453

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Section 455

Destruction of libellous and other matter

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Section 456

Power to restore possession of immovable property

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Section 457

Procedure by Police upon seizure of property

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Section 458

Procedure where no claimant appears within six months

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Section 459

Power to sell perishable property

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Section 460

Irregularities which do not vitiate proceedings

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Section 461

Irregularities which vitiate proceedings

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Section 462

Proceedings in wrong place

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Section 463

Non-compliance with provisions of section 164 or section 281

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Section 464

Effect of omission to frame, or absence of, or error in, charge

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Section 465

Finding or sentence when reversible by reason of error, omission or irregularity

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Section 466

Defect or error not to make attachment unlawful

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Section 467

Definitions

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Section 468

Bar to taking cognizance after lapse of the period of limitation

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Section 469

Commencement of the period of limitation

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Section 470

Exclusion of time in certain cases

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Section 471

Exclusion of date on which Court is closed

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Section 472

Continuing offence

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Section 473

Extension of period of limitation in certain cases

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Section 474

Trials before High Courts

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Section 475

Delivery to commanding officers of persons liable to be tried by Court-martial

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Section 476

Forms

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Section 477

Power of High Court to make rules

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Section 478

Power to alter functions allocated to judicial and Executive Magistrates in certain cases

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Section 479

Case in which Judge or Magistrate is personally interested

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Section 480

Practising pleader not to sit as Magistrate in certain Courts

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Section 481

Public servant concerned in sale not to purchase or bid for property

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Section 482

Saving of inherent powers of High Court

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Section 483

Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates

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Section 484

Repeal and savings

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