THE CODE OF CRIMINAL PROCEDURE, 1973

CONTENTS

CHAPTER I

PRELIMINERY

1. Short title, extent and commencement

2. Definitions

3. Construction of references

4. Trial of offences under the Indian Penal Code and other laws

5. Saving.

THE CODE OF CRIMINAL PROCEDURE, 1973

(2 of 1974)

[25^th 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: -

CHAPTER 1

PRELIMINARY

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 21^st 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 Ist day of April 1974.

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
accordance with the First Schedule or under and 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 a complaints 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 jurisdiction 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 authorized 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];

(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 authorized by or under any law for the
time being in force, to practice in such court, and includes any other
appointed with the permission of the court to act in such proceeding.

(r) “Police
report” means a report forwarded by a police officer to a magistrate under
sub-section (2) of section 173;

(s) “Police
report” 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 relating to an offence, and not being a warrant-case;

(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 expression 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.

1. Ins. by Act 45
of 1978, sec. 2.

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
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 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 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 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 reference to a judicial Magistrate of the
first class;

(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;

(c) 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 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 shifting 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, granting of a licence, the
suspension or cancellation of a licence, sanctioning a prosecution or with
drawing from a prosecution, they shall, subject as aforesaid, be exercisable by
an executive Magistrate.

STATE
AMENDENTS

Andaman and
Nicobar Islands

(1) After section 3, the following section shall
be inserted, namely: -

“3-A. Special provision relating to Andaman and
Nicobar Islands. –

(1) Reference
in this code to:

(a) The chief Judicial
Magistrate shall be construed as references to the district Magistrate or,
where the state government so directs, also to the additional District
Magistrate:

(b) A Magistrate or Magistrate of the first class or of
the second class or Judicial Magistrate of the first class or the second class
shall be construed as references to such executive Magistrate as the State
Government may, be notification in the official gazette, specify.

(2) The
State Government may, if it is of opinion that adequate number of persons or
available for appointment as Judicial Magistrate, by notification in the
Official Gazette, declare that the provisions of this section shall, on and
from such day as may be specified in the notification, cease to be in force and
different dates may be specified for different islands.

(3) On
the cesser of operation of the provisions of this section every enquiry or
trial pending, immediately before such cesser, before the District Magistrate
or additional District Magistrate or any executive Magistrate, as the case may
be, shall stand transferred, and shall be dealt with, from the stage which was
reached before, such cesser, by such judicial Magistrate as the State
Government may specify in this behalf.”

[Regulation 1 of 1974, sec. 3
(w.e.f.30.3. 1974)]

Arunachal Pradesh
and Mizoram;

After sub-section (4), the following sub-section shall be
inserted, namely; -

(5) Notwithstanding any
thing contained in the foregoing provisions for this section; -

(i) Any
reference in such of the provisions of this code, as applied to the Union
territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column
(1) of the table below shall, until the courts of Session and Courts of
Judicial Magistrate or constituted in the said Union Territories be construed
as references to the court of Magistrate mentioned in the corresponding entry
in column (2) of that table.

TABLE

1	2
Court of Session or Sessions Judge or Chief Judicial Magistrate Magistrate or. Magistrate of the First Class Or Judicial Magistrate of the First Class.	District Magistrate. Executive Magistrate.

(ii) The functions
mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate.”

The Chief Commissioners and the Additional Deputy
Commissioners, in the Union Territory of Arunachal Pradesh, were appointed to
be Executive Magistrate].

[Vide Notification No .Jud. 25/74. dated 2nd April,
1974]

Nagaland:

After sub-section (4) insert the following sub-section
which shall be deemed always to have been so; -

(5) Notwithstanding
anything contained in the foregoing provisions of this section; -

(i) Any
reference in such of the provisions of this Code, as applied to the State of
Nagaland to the Court and authority mentioned in column (1) of the table below
shall, until the

Courts of Session and Court of Judicial Magistrates
are constituted in the said areas, be construed as references to the Court and
authority mentioned in the corresponding entry in column (2) of that table.

TABLE

1	2
Court of Session or Session Judge or Chief Judicial Magistrate. Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class.	District Magistrate or Additional District Magistrate. Executive Magistrate

(ii) References mentioned in
Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section
(4) exercisable by a Judicial Magistrate and Executive Magistrate shall be
construed as references to, and exercised by, Deputy Commissioner and Additional
Deputy commissioner and Assistant to Deputy Commissioner appointed under any
law in force:

Provided that an Assistant
to Deputy Commissioner shall exercise
such powers of a Judicial Magistrate as may be invested by the Governor”
Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19^th June,
1975].

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 provision
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.
- Nothing contained in this Code
shall in the absence of a specific provision to the contrary, affect any
special or local law any special jurisdiction or power conferred, or any
special form of procedure prescribed, by any other law for the time being in
force.