(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent.
(3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.
CLASSIFICATION OF OFFENCES EXPLANATORY NOTES:
(1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section.
(2) In this Schedule, (i) the expression “Magistrate of the first class” and “any Magistrate” does not include Executive Magistrates;
(ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Section Offence Punishment Cognizable or Bailable or Non- By what Court Non-cognizable bailable triable 1 2 3 4 5 6 49 Abetment of any offence, Same as for According as According as Court by which if the act abetted is offence offence abetted offence abetted is offence abetted is committed in abetted. is cognizable or bailable or triable. consequence, and where non-cognizable. non-bailable. no express provision is made for its punishment. 50 Abetment of any offence, Same as for According as According as Court by which if the person abetted does offence offence abetted offence abetted is offence abetted is act with different abetted. is cognizable or bailable or triable. intention from that of non-cognizable. non-bailable. abettor. 51 Abetment of any offence, Same as for According as According as Court by which when one act is abetted offence offence abetted offence abetted is offence abetted is and a different act is done;intended to be is cognizable or bailable or triable. subject to the proviso. abetted. non-cognizable. non-bailable. 52 Abettor when liable to Same as for According as According as Court by which cumulative punishment offence offence abetted offence abetted is offence abetted is for act abetted and for act abetted. is cognizable or bailable or triable. done. non-cognizable. non-bailable. 53 Abetment of any offence, Same as for According as According as Court by which when an effect is caused offence offence abetted offence abetted is offence abetted is by the act abetted committed. is cognizable or bailable or triable. different from that non-cognizable. non-bailable. intended by the abettor. 54 Abetment of any offence, Same as for According as According as Court by which if abettor present when offence offence abetted offence abetted is offence abetted is offence is committed. committed. is cognizable or bailable or triable. non-cognizable. non-bailable.
1 2 3 4 5 6 Abetment of an offence, Imprisonment According as Non-bailable. Court by which 55 punishable with death or for 7 years and offence abetted offence abetted is imprisonment for life, if fine. is cognizable or triable. the offence be not non-cognizable. committed in consequence of the abetment. If an act which causes Imprisonment According as Non-bailable. Court by which harm to be done in for 14 years offence abetted offence abetted is consequence of the and fine. is cognizable or triable. abetment. non-cognizable. 56 Abetment of an offence, Imprisonment According as According as Court by which punishable with extending to offence abetted offence abetted is offence abetted is imprisonment, if the one-fourth of is cognizable or bailable or triable. offence be not committed the longest non-cognizable. non-bailable. in consequence of the term provided abetment. for the offence, or fine, or both. If the abettor or the personImprisonment According as According as Court by which abetted be a public extending to offence abetted offence abetted is offence abetted is servant whose duty it is to one-half of the is cognizable or bailable or triable. prevent the offence. longest term non-cognizable. non-bailable. provided for the offence, or fine, or both. 57 Abetting commission of Imprisonment According as According as Court by which an offence by the public which may offence abetted offence abetted is offence abetted is or by more than ten extend to 7 is cognizable or bailable or triable. persons. years and fine. non-cognizable. non-bailable. 58(a) Concealing design to Imprisonment According as Non-bailable. Court by which commit offence for 7 years and offence abetted offence abetted is punishable with death or fine. is cognizable or triable. imprisonment for life, if non-cognizable. the offence be committed. 58(b) If offence be not Imprisonment According as Bailable. Court by which committed. for 3 years and offence abetted offence abetted is fine. is cognizable or triable. non-cognizable. 59(a) A public servant Imprisonment According as According as Court by which concealing a design to extending to offence abetted offence abetted is offence abetted is commit an offence which one-half of the is cognizable or bailable or triable. it is his duty to prevent, if longest term non-cognizable. non-bailable. the offence be committed. provided for the offence, or fine, or both.
1 2 3 4 5 6 59(b) If the offence be Imprisonment for 10 According as Non-bailable. Court by which punishable with death years. offence abetted is offence abetted is or imprisonment for cognizable or triable. life. non-cognizable. 59(c) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is fourth of the longest cognizable or triable. term provided for the non-cognizable. offence, or fine, or both. 60(a) Concealing a design to Imprisonment According as According as Court by which commit an offence extending to one- offence abetted is offence abettedoffence abetted is punishable with fourth of the longest cognizable or is bailable or triable. imprisonment, if term provided for the non-cognizable. non-bailable. offence be committed. offence, or fine, or both. 60(b) If the offence be not Imprisonment According as Bailable. Court by which committed. extending to one- offence abetted is offence abetted is eighth part of the cognizable or triable. longest term non-cognizable. provided for the offence, or fine, or both. 61(2) Criminal conspiracy to Same as for According as the According as Court by which
(a) commit an offence abetment of the offence which is offence which abetment of the punishable with death, offence which is the the object of is object of offence which is imprisonment for life or object of the conspiracy is conspiracy is the object of rigorous imprisonment conspiracy. cognizable or bailable or conspiracy is for a term of 2 years or non-cognizable. non-bailable. triable. upwards. 61(2) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the
(1) conspiracy. months, or fine, or first class. both. 62 Attempting to commit One half of the According as the According as The court by offence punishable with imprisonment for men offence is the offence which the offence imprisonment for life, life, or imprisonment cognizable or attempted by attempted is or imprisonment, and in not exceeding one- non-cognizable. the offender is triable. such attempt doing any half of the longest bailable or act towards the term, provided for non-bailable. commission of the the offence, or fine, offence. or both.
1 2 3 4 5 6 64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 10 years but which may extend to imprisonment for life, and fine. 64(2) Rape by a police officer Rigorous imprisonment Cognizable. Non-bailable. Court of Session. or a public servant or for not less than 10 years member of armed forces but which may extend to or a person being on the imprisonment for life management or on the which shall mean the staff of a jail, remand remainder of that home or other place of person's natural life and custody or women's or fine. children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. 65(1) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under sixteen but which may extend to years of age. imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. 65(2) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape on a for not less than 20 years woman under twelve but which may extend to years of age. imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or death.
1 2 3 4 5 6 66 Person committing an Rigorous imprisonment Cognizable. Non-bailable. Court of Session. offence of rape and for not less than 20 inflicting injury which years but which may causes death or causes the extend to imprisonment woman to be in a for life which shall persistent vegetative state. mean imprisonment for the remainder of that person's natural life or death. 67 Sexual intercourse by Imprisonment for not Cognizable Bailable. Court of Session. husband upon his wife less than 2 years but (only on the during separation. which may extend to 7 complaint of years and fine. the victim). 68 Sexual intercourse by a Rigorous imprisonment Cognizable. Non-bailable. Court of Session. person in authority, etc. for not less than 5 years, but which may extend to 10 years and fine. 69 Sexual intercourse by Imprisonment which Cognizable. Non-bailable. Court of Session. employing deceitful may extend to 10 years means, etc. and fine. 70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session. for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. 70(2) Gang rape on a woman Imprisonment for life Cognizable. Non-bailable. Court of Session. under eighteen years of which shall mean age. imprisonment for the remainder of that person's natural life and with fine or with death. 71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session. which shall mean imprisonment for the remainder of that person's natural life or with death. 72(1) Disclosure of identity of Imprisonment for 2 Cognizable. Bailable. Any Magistrate. the victim of certain years and fine. offences, etc.
1 2 3 4 5 6 73 Printing or publication of Imprisonment for Cognizable. Bailable. Any Magistrate. a proceeding without prior2 years and fine. permission of court. 74 Assault or use of criminal Imprisonment for Cognizable. Non-bailable. Any Magistrate. force to woman with 1 year which may intent to outrage her extend to 5 years and modesty. fine. 75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session. punishment for sexual with 3 years, or fine, or harassment specified in both. clause (i) or clause (ii) or clause (iii) of sub-section (1). 75(3) Sexual harassment and Imprisonment for 1 Cognizable. Non-bailable. Court of Session. punishment for sexual year, or fine, or both. harassment specified in clause (iv) of sub-section
(1). 76 Assault or use of criminal Imprisonment for not Cognizable. Non-bailable. Court of Session. force to woman with less than 3 years but intent to disrobe. which may extend to 7 years and fine. 77 Voyeurism. Imprisonment for not Cognizable. Bailable. Court of Session. less than 1 year but which may extend to 3 years and fine. Second or subsequent Imprisonment for not Cognizable. Non-bailable. Court of Session. conviction. less than 3 years but which may extend to 7 years and fine. 78(2) Stalking. Imprisonment up to Cognizable. Bailable. Any Magistrate. 3 years and fine. Second or subsequent Imprisonment up to Cognizable. Non-bailable. Any Magistrate. conviction. 5 years and fine. 79 Uttering any word or Simple imprisonment Cognizable. Bailable. Any Magistrate. making any gesture for 3 years and fine. intended to insult the modesty of a woman, etc. 80(2) Dowry death. Imprisonment for not Cognizable. Non-bailable. Court of Session. less than 7 years but which may extend to imprisonment for life. 81 A man by deceit causing a Imprisonment for 10 Non- Non-bailable. Magistrate of the woman not lawfully years and fine. cognizable. first class. married to him to believe, that she is lawfully married to him and to cohabit with him in that belief.
1 2 3 4 5 6 82(1) Marrying again during the Imprisonment for Non-cognizable. Bailable. Magistrate of the life time of a husband or 7 years and fine. first class. wife. 82(2) Same offence with Imprisonment for Non-cognizable. Bailable. Magistrate of the concealment of the former 10 years and fine. first class. marriage from the person with whom subsequent marriage is contracted. 83 A person with fraudulent Imprisonment up Non-cognizable. Non-bailable. Magistrate of the intention going through the to 7 years and fine. first class. ceremony of being married, knowing that he is not thereby lawfully married. 84 Enticing or taking away or Imprisonment for Non-cognizable. Bailable. Any Magistrate. detaining with a criminal 2 years, or fine, or intent a married woman. both. 85 Punishment for subjecting Imprisonment for Cognizable if Non-bailable. Magistrate of the a married woman to 3 years and fine. information relating first class. cruelty. to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. 87 Kidnapping, abducting or Imprisonment for Cognizable. Non-bailable. Court of Session. inducing woman to 10 years and fine. compel her marriage, etc. 88 Causing miscarriage. Imprisonment for Non-cognizable. Bailable. Magistrate of the 3 years, or fine, or first class. both. If the woman be quick Imprisonment for Non-cognizable. Bailable. Magistrate of the with child. 7 years and fine. first class.
1 2 3 4 5 6 89 Causing miscarriage Imprisonment for life, Cognizable. Non-bailable. Court of Session. without women's consent. or imprisonment for 10 years and fine. 90(1) Death caused by an act Imprisonment for 10 Cognizable. Non-bailable. Court of Session. done with intent to cause years and fine. miscarriage. 90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session. women's consent. or as above. 91 Act done with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. prevent a child being born 10 years, or fine, or alive, or to cause it to die both. after its birth. 92 Causing death of a quick Imprisonment for Cognizable. Non-bailable. Court of Session. unborn child by an act 10 years and fine. amounting to culpable homicide. 93 Exposure of a child under Imprisonment for Cognizable. Bailable. Magistrate of the 12 years of age by parent 7 years, or fine, or first class. or person having care of it both. with intention of wholly abandoning it. 94 Concealment of birth by Imprisonment for 2 Cognizable. Bailable. Magistrate of the secret disposal of dead years, or fine, or both. first class. body. 95 Hiring, employing or Imprisonment for not Cognizable. Non-bailable. Magistrate of the engaging a child to less than 3 years but first class. commit an offence. which may extend to 10 years and fine. If offence be committed. Same as for the Cognizable. Non-bailable. Court by which offence committed. offence committed is triable. 96 Procuration of child. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. 97 Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Magistrate of the a child under ten years 7 years and fine. first class. with intent to steal from its person. 98 Selling child for purposes Imprisonment for Cognizable. Non-bailable. Court of Session. of prostitution, etc. 10 years and fine. 99 Buying child for purposes Imprisonment for not Cognizable. Non-bailable. Court of Session. of prostitution, etc. less than 7 years but which may extend to 14 years and fine. 103(1) Murder. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life and fine.
1 2 3 4 5 6 103(2) Murder by group of five Death or with Cognizable. Non-bailable. Court of Session. or more persons. imprisonment for life and fine. 104 Murder by life-convict. Death or Cognizable. Non-bailable. Court of Session. imprisonment for life, which shall mean the remainder of that person's natural life. 105 Culpable homicide not Imprisonment for life, Cognizable. Non-bailable. Court of Session. amounting to murder, if or Imprisonment for act by which the death is not less than 5 years caused is done with but which may extend intention of causing death, to 10 years and fine. etc. If act be done with Imprisonment for Cognizable. Non-bailable. Court of Session. knowledge that it is likely 10 years and with to cause death, but fine. without any intention to cause death, etc. 106(1) Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence. 5 years and fine. first class. Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the negligence by registered 2 years and fine. first class. medical practitioner. 106(2) Causing death by rash and Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the negligent driving of years and fine. first class. vehicle and escaping. 107 Abetment of suicide of Death, or Cognizable. Non-bailable. Court of Session. child or person of imprisonment for life, unsound mind, etc. or imprisonment for 10 years and fine. 108 Abetment of suicide. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. 109(1) Attempt to murder. Imprisonment for Cognizable. Non-bailable. Court of Session. 10 years and fine. If such act causes hurt to Imprisonment for life, Cognizable. Non-bailable. Court of Session. any person. or as above. 109(2) Attempt by life-convict to Death, or Cognizable. Non-bailable. Court of Session. murder, if hurt is caused. imprisonment for life which shall mean the remainder of that person's natural life. 110 Attempt to commit Imprisonment for 3 Cognizable. Non-bailable. Court of Session. culpable homicide. years, or fine or both.
If such act causes hurt to Imprisonment for 7 Cognizable. Non-bailable. Court of Session. any person. years, or fine, or both.
1 2 3 4 5 6 111(2) Organised crime resulting Death or imprisonment Cognizable. Non-bailable. Court of Session.
(a) in death of any person. for life and fine of not less than 10 lakh rupees. 111(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session.
(b) less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(3) Abetting, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session. conspiring or knowingly less than 5 years but facilitating the commission which may extend to of organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(4) Being a member of an Imprisonment for not Cognizable. Non-bailable. Court of Session. organised crime syndicate. less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. 111(5) Intentionally harbouring or Imprisonment for not Cognizable. Non-bailable. Court of Session. concealing any person who less than 3 years but committed offence of which may extend to organised crime. imprisonment for life and fine of not less than 5 lakh rupees. 111(6) Possessing property Imprisonment for not Cognizable. Non-bailable. Court of Session. derived, or obtained from less than 3 years but the commission of which may extend to organised crime. imprisonment for life and fine of not less than 2 lakh rupees. 111(7) Possessing property on Imprisonment for not Cognizable. Non-bailable. Court of Session. behalf of a member of an less than 3 years but organised crime syndicate. which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. 112 Petty Organised crime. Imprisonment for not Cognizable. Non-bailable. Magistrate of the less than 1 year but first class. which may extend to 7 years and fine. 113(2) Terrorist act resulting in Death or Cognizable. Non-bailable. Court of Session.
(a) the death of any person. imprisonment for life and fine.
1 2 3 4 5 6 113(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session.
(b) less than 5 years but which may extend to imprisonment for life and fine. 113(3) Conspiring, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session. abetting, etc., or less than 5 years but knowingly facilitating the which may extend to commission of terrorist imprisonment for life act. and fine. 113(4) Organising camps, Imprisonment for not Cognizable. Non-bailable. Court of Session. training, etc., for less than 5 years but commission of terrorist which may extend to act. imprisonment for life and fine. 113(5) Being a member of an Imprisonment for life Cognizable. Non-bailable. Court of Session. organisation involved in and fine. terrorist act. 113(6) Harbouring, concealing, Imprisonment for not Cognizable. Non-bailable. Court of Session. etc., of any person who less than 3 years but committed a terrorist act. which may extend to imprisonment for life and fine. 113(7) Possessing property Imprisonment for life Cognizable. Non-bailable. Court of Session. derived or obtained from and fine. commission of terrorist act. 115(2) Voluntarily causing hurt. Imprisonment for 1 Non- Bailable. Any Magistrate. year or fine of 10,000 cognizable. rupees, or both. 117(2) Voluntarily causing Imprisonment for 7 Cognizable. Bailable. Any Magistrate. grievous hurt. years and fine. 117(3) If hurt to results in Rigorous Cognizable. Non-bailable. Court of Session. permanent disability or imprisonment for not persistent vegetative state. less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life. 117(4) Grievous hurt caused by a Imprisonment for 7 Cognizable. Non-bailable. Court of Session. group of 5 or more years and fine. persons. 118(1) Voluntarily causing hurt Imprisonment for 3 Cognizable. Non-bailable. Any Magistrate. by dangerous weapons or years, or fine of means. 20,000 rupees, or both.
1 2 3 4 5 6 118(2) Voluntarily causing Imprisonment for life Cognizable. Non-bailable. Magistrate of the grievous hurt by or imprisonment of first class. dangerous weapons or not less than 1 year means [except as provided but which may extend in section 122(2)]. to 10 years and fine. 119(1) Voluntarily causing hurt Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the to extort property, or to years and fine. first class. constrain to an illegal act. 119(2) Voluntarily causing Imprisonment for life, Cognizable. Non-bailable. Court of Session. grievous hurt for any or imprisonment for purpose referred to in sub- 10 years and fine. section (1). 120(1) Voluntarily causing hurt Imprisonment for 7 Cognizable. Bailable. Magistrate of the to extort confession or years and fine. first class. information, or to compel restoration of property, etc. 120(2) Voluntarily causing Imprisonment for 10 Cognizable. Non-bailable. Court of Session. grievous hurt to extort years and fine. confession or information, or to compel restoration of property, etc. 121(1) Voluntarily causing hurt Imprisonment for 5 Cognizable. Non-bailable. Magistrate of the to deter public servant years, or fine, or both. first class. from his duty. 121(2) Voluntarily causing Imprisonment not less Cognizable. Non-bailable. Court of Session. grievous hurt to deter than 1 year, or public servant from his imprisonment for 10 duty. years and fine. 122(1) Voluntarily causing hurt Imprisonment for 1 Non- Bailable. Any Magistrate. on grave and sudden month, or fine of cognizable. provocation, not intending 5,000 rupees, or both. to hurt any other than the person who gave the provocation. 122(2) Causing grievous hurt on Imprisonment for 5 Cognizable. Bailable. Magistrate of the grave and sudden years, or fine of first class. provocation, not intending 10,000 rupees, or to hurt any other than the both. person who gave the provocation. 123 Causing hurt by means of Imprisonment for 10 Cognizable. Non-bailable. Court of Session. poison, etc., with intent to years and fine. commit an offence.
1 2 3 4 5 6 124(1) Voluntarily causing Imprisonment for not Cognizable. Non-bailable. Court of Session. grievous hurt by use of less than 10 years but acid, etc. which may extend to imprisonment for life and fine. 124(2) Voluntarily throwing or Imprisonment for 5 Cognizable. Non-bailable. Court of Session. attempting to throw acid. years but which may extend to 7 years and fine. 125 Doing any act Imprisonment for 3 Cognizable. Bailable. Any Magistrate. endangering human life or months, or fine of personal safety of others. 2,500 rupees, or both. 125(a) Where hurt is caused. Imprisonment for 6 Cognizable. Bailable. Any Magistrate. months, or fine of 5,000 rupees, or both. 125(b) Where grievous hurt is Imprisonment for Cognizable. Bailable. Any Magistrate. caused. 3 years, or fine of 10,000 rupees, or both. 126(2) Wrongfully restraining Simple imprisonment Cognizable. Bailable. Any Magistrate. any person. for 1 month, or fine of 5,000 rupees, or both. 127(2) Wrongfully confining any Imprisonment for Cognizable. Bailable. Any Magistrate. person. 1 year, or fine of 5,000 rupees, or both. 127(3) Wrongfully confining for Imprisonment for Cognizable. Bailable. Any Magistrate. three or more days. 3 years, or fine of 10,000 rupees, or both. 127(4) Wrongfully confining for Imprisonment for Cognizable. Non-bailable. Magistrate of the 10 or more days. 5 years and fine of first class. 10,000 rupees. 127(5) Keeping any person in Imprisonment for Cognizable. Bailable. Magistrate of the wrongful confinement, 2 years in addition to first class. knowing that a writ has any term of been issued for his imprisonment to liberation. under any other section and fine. 127(6) Wrongful confinement in Imprisonment for Cognizable. Bailable. Magistrate of the secret. 3 years in addition to first class. other punishment which he is liable to and fine.
1 2 3 4 5 6 127(7) Wrongful confinement for Imprisonment for 3 Cognizable. Bailable. Any Magistrate. the purpose of extorting years and fine. property, or constraining to an illegal act, etc. 127(8) Wrongful confinement for Imprisonment for 3 Cognizable. Bailable. Any Magistrate. the purpose of extorting years and fine. confession or information, or for compelling restoration of property, etc. 131 Assault or criminal force Imprisonment for 3 Non- Bailable. Any Magistrate. otherwise than on grave months, or fine of cognizable. provocation. 1,000 rupees, or both. 132 Assault or use of criminal Imprisonment for 2 Cognizable. Non-bailable. Any Magistrate. force to deter public years, or fine, or both. servant from discharge of his duty. 133 Assault or criminal force Imprisonment for 2 Non- Bailable. Any Magistrate. with intent to dishonour a years, or fine, or both. cognizable. person, otherwise than on grave and sudden provocation. 134 Assault or criminal force Imprisonment for 2 Cognizable. Bailable. Any Magistrate. in attempt to commit theft years, or fine, or both. of property worn or carried by a person. 135 Assault or use of criminal Imprisonment for 1 Cognizable. Bailable. Any Magistrate. force in attempt year, or fine of 5,000 wrongfully to confine a rupees, or both. person. 136 Assault or use of criminal Simple imprisonment Non- Bailable. Any Magistrate. force on grave and sudden for one month, or fine cognizable. provocation. of 1,000 rupees, or both. 137(2) Kidnapping. Imprisonment for 7 Cognizable. Bailable. Magistrate of the years and fine. first class. 139(1) Kidnapping a child for Rigorous Cognizable. Non-bailable. Magistrate of the purposes of begging. imprisonment not be first class. less than 10 years but which may extend to imprisonment for life, and fine.
1 2 3 4 5 6 139(2) Maiming a child for Imprisonment not be Cognizable. Non-bailable. Court of Session. purposes of begging. less than 20 years which may extend to remainder of that person's natural life, and fine. 140(1) Kidnapping or abducting Imprisonment for life, Cognizable. Non-bailable. Court of Session. in order to murder. or rigorous imprisonment for 10 years and fine. 140(2) Kidnapping for ransom, Death, or Cognizable. Non-bailable. Court of Session. etc. imprisonment for life and fine. 140(3) Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Magistrate of the with intent secretly and 7 years and fine. first class. wrongfully to confine a person. 140(4) Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Court of Session. in order to subject a 10 years and fine. person to grievous hurt, slavery, etc. 141 Importation of a girl or Imprisonment for 10 Cognizable. Non-bailable. Court of Session. boy from foreign country. years and fine. 142 Wrongfully concealing or Punishment for Cognizable. Non-bailable. Court by which keeping in confinement, kidnapping or the kidnapping or kidnapped or abducted abduction. abduction is person. triable. 143(2) Trafficking of person. Rigorous Cognizable. Non-bailable. Court of Session. imprisonment for not less than 7 years but which may extend to 10 years and fine. 143(3) Trafficking of more than Rigorous Cognizable. Non-bailable. Court of Session. one person. imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. 143(4) Trafficking of a child. Rigorous Cognizable. Non-bailable. Court of Session. imprisonment for not less than 10 years but which may extend to imprisonment for life and fine.
1 2 3 4 5 6 143(5) Trafficking of more than Rigorous Cognizable. Non-bailable. Court of Session. one child. imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. 143(6) Person convicted of offenceImprisonment for life Cognizable. Non-bailable. Court of Session. of trafficking of child on which shall mean the more than one occasion. remainder of that person's natural life and fine. 143(7) Public servant or a police Imprisonment for life Cognizable. Non-bailable. Court of Session. officer involved in which shall mean the trafficking of child. remainder of that person's natural life and fine. 144(1) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked child. imprisonment for not less than 5 years but which may extend to 10 years and fine. 144(2) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session. trafficked person. imprisonment for not less than 3 years but which may extend to 7 years and fine. 145 Habitual dealing in slaves. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine. 146 Unlawful compulsory Imprisonment for 1 Cognizable. Bailable. Any Magistrate. labour. year, or fine, or both. 147 Waging or attempting to Death, or Cognizable. Non-bailable. Court of Session. wage war, or abetting the imprisonment for life waging of war, against the and fine. Government of India. 148 Conspiring to commit Imprisonment for life, Cognizable. Non-bailable. Court of Session. certain offences against or imprisonment for the State. 10 years and fine. 149 Collecting arms, etc., with Imprisonment for life, Cognizable. Non-bailable. Court of Session. the intention of waging or imprisonment for war against the 10 years and fine. Government of India. 150 Concealing with intent to Imprisonment for Cognizable. Non-bailable. Court of Session. facilitate a design to wage 10 years and fine. war. 151 Assaulting President, Imprisonment for Cognizable. Non-bailable. Court of Session. Governor, etc., with intent 7 years and fine. to compel or restrain the exercise of any lawful power.
1 2 3 4 5 6 152 Act endangering Imprisonment for life, Cognizable. Non-bailable. Court of Session. sovereignty, unity and or imprisonment for 7 integrity of India. years and fine. 153 Waging war against Imprisonment for life Cognizable. Non-bailable. Court of Session. Government of any and fine, or foreign State at peace withimprisonment for 7 the Government of India. years and fine, or fine. 154 Committing depredation Imprisonment for 7 Cognizable. Non-bailable. Court of Session. on the territories of any years and fine, and foreign state at peace with forfeiture of certain the Government of India. property. 155 Receiving property taken Imprisonment for 7 Cognizable. Non-bailable. Court of Session. by war or depredation years and fine, and mentioned in sections 153 forfeiture of certain and 154. property. 156 Public servant voluntarily Imprisonment for life, Cognizable. Non-bailable. Court of Session. allowing prisoner of state or imprisonment for or war in his custody to 10 years and fine. escape. 157 Public servant negligently Simple imprisonment Cognizable. Bailable. Magistrate of the suffering prisoner of State for 3 years and fine. first class. or war in his custody to escape. 158 Aiding escape of, rescuingImprisonment for life, Cognizable. Non-bailable. Court of Session. or harbouring such or imprisonment for prisoner. 10 years and fine. 159 Abetting mutiny, or Imprisonment for life, Cognizable. Non-bailable. Court of Session. attempting to seduce an or imprisonment for officer, soldier, sailor or 10 years and fine. airman from his allegiance or duty. 160 Abetment of mutiny, if Death, or Cognizable. Non-bailable. Court of Session. mutiny is committed in imprisonment for life, consequence thereof. or imprisonment for 10 years and fine. 161 Abetment of assault by an Imprisonment for Cognizable. Non-bailable. Magistrate of the officer, soldier, sailor or 3 years and fine. first class. airman on his superior officer, when in execution of his office. 162 Abetment of such assault, Imprisonment for Cognizable. Non-bailable. Magistrate of the if the assault committed. 7 years and fine. first class.
1 2 3 4 5 6 163 Abetment of the desertion Imprisonment for Cognizable. Bailable. Any Magistrate. of an officer, soldier, 2 years, or fine, or sailor or airman. both. 164 Harbouring deserter. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both.
165 Deserter concealed on Fine of 3,000 rupees. Non- Bailable. Any Magistrate. board merchant vessel cognizable. through negligence of master or person in charge thereof. 166 Abetment of act of Imprisonment for Cognizable. Bailable. Any Magistrate. insubordination by an 2 years, or fine, or officer, soldier, sailor or both. airman if the offence be committed in consequence. 168 Wearing garb or carrying Imprisonment for 3 Cognizable. Bailable. Any Magistrate. token used by soldier, months, or fine of sailor or airman. 2,000 rupees, or both. 173 Bribery. Imprisonment for 1 Non- Bailable. Magistrate of the year or fine, or both, cognizable. first class. or if treating only, fine only. 174 Undue influence or Imprisonment for Non- Bailable. Magistrate of the personation at an election. 1 year, or fine, or cognizable. first class. both. 175 False statement in Fine. Non- Bailable. Magistrate of the connection with an cognizable. first class. election. 176 Illegal payments in Fine of 10,000 rupees. Non- Bailable. Magistrate of the connection with elections. cognizable. first class. 177 Failure to keep election Fine of 5,000 rupees. Non- Bailable. Magistrate of the accounts. cognizable. first class. 178 Counterfeiting coins, Imprisonment for life, Cognizable. Non-bailable. Court of Session. government stamps, or imprisonment for currency-notes or bank- 10 years and fine. notes. 179 Using as genuine forged Imprisonment for life, Cognizable. Non-bailable. Court of Session. or counterfeit coin, or imprisonment for Government stamp 10 years and fine. currency-notes or bank- notes. 180 Possession of forged or Imprisonment for Cognizable. Non-bailable. Court of Session. counterfeit coin, 7 years, or fine, or Government stamp, both. currency-notes or bank- notes.
1 2 3 4 5 6 181 Making, buying, selling or Imprisonment for life, Cognizable. Non-bailable. Court of Session. possessing machinery, or imprisonment for 10 instrument or material for years and fine. forging or counterfeiting coins, Government stamp, currency-notes or bank- notes.
182(1) Making or using Fine of 300 rupees. Non- Bailable. Any Magistrate. documents resembling cognizable. currency-notes or bank- notes. 182(2) On refusal to disclose the Fine of 600 rupees. Non- Bailable. Any Magistrate. name and address of the cognizable. printer. 183 Effacing any writing from a Imprisonment for 3 Cognizable. Bailable. Magistrate of the substance bearing a years, or fine, or both. first class. Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. 184 Using a Government stamp Imprisonment for 2 Cognizable. Bailable. Any Magistrate. known to have been before years, or fine, or both. used. 185 Erasure of mark denoting Imprisonment for 3 Cognizable. Bailable. Magistrate of the that stamps have been used. years, or fine, or both. first class. 186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate. 187 Person employed in a Mint Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the causing coin to be of a years and fine. first class. different weight or composition from that fixed by law. 188 Unlawfully taking from a Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the Mint any coining years and fine. first class. instrument. 189(2) Being member of an Imprisonment for 6 Cognizable. Bailable. Any Magistrate. unlawful assembly. months, or fine, or both. 189(3) Joining or continuing in an Imprisonment for 2 Cognizable. Bailable. Any Magistrate. unlawful assembly, years, or fine, or both. knowing that it has been commanded to disperse. 189(4) Joining an unlawful Imprisonment for 2 Cognizable. Bailable. Any Magistrate. assembly armed with any years, or fine, or both. deadly weapon. 189(5) Knowingly joining or Imprisonment for 6 Cognizable. Bailable. Any Magistrate. continuing in any assembly months, or fine, or of five or more persons both. after it has been commanded to disperse.
1 2 3 4 5 6 189(6) Hiring, engaging or The same as for a Cognizable. According as The Court by employing persons to take member of such offence is which the offence part in an unlawful assembly, and for any bailable or non- is triable. assembly. offence committed by bailable. any member of such assembly. 189(7) Harbouring persons hired Imprisonment for Cognizable. Bailable. Any Magistrate. for an unlawful assembly. 6 months, or fine, or both. 189(8) Being hired to take part in Imprisonment for Cognizable. Bailable. Any Magistrate. an unlawful assembly or 6 months, or fine, or riot. both. 189(9) Or to go armed. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 190 Every member of The same as for the According as According as The Court by unlawful assembly guilty offence. offence is offence is which the offence of offence committed in cognizable or bailable or non- is triable. prosecution of common non- bailable. object. cognizable. 191(2) Rioting. Imprisonment for Cognizable. Bailable. Any Magistrate. 2 years, or fine, or both. 191(3) Rioting, armed with a Imprisonment for Cognizable. Bailable. Magistrate of the deadly weapon. 5 years, or fine, or first class. both. 192 Wantonly giving Imprisonment for Cognizable. Bailable. Any Magistrate. provocation with intent to 1 year, or fine, or cause riot, if rioting be both. committed. If not committed. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine, or both. 193(1) Owner or occupier of land Fine of 1,000 rupees. Non- Bailable. Any Magistrate. not giving information of cognizable. riot, etc. 193(2) Person for whose benefit Fine. Non- Bailable. Any Magistrate. or on whose behalf a riot cognizable. takes place not using all lawful means to prevent it. 193(3) Agent of owner or Fine. Non- Bailable. Any Magistrate. occupier for whose cognizable. benefit a riot is committed not using all lawful means to prevent it. 194(2) Committing affray. Imprisonment for one Cognizable. Bailable. Any Magistrate. month, or fine of 1,000 rupees, or both.
1 2 3 4 5 6 195(1) Assaulting or obstructing Imprisonment for Cognizable. Bailable. Magistrate of the public servant when 3 years, or fine not first class. suppressing riot, etc. less than 25,000 rupees, or both. 195(2) Threatening to assault or Imprisonment for Non- Bailable. Any Magistrate. attempting to obstruct 1 year, or fine, or cognizable. public servant when both. suppressing riot, etc. 196(1) Promoting enmity Imprisonment for Cognizable. Non-bailable. Magistrate of the between different groups 3 years, or fine, or first class. on ground of religion, both. race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 196(2) Promoting enmity Imprisonment for Cognizable. Non-bailable. Magistrate of the between classes in place 5 years and fine. first class. of worship, etc. 197(1) Imputations, assertions Imprisonment for Cognizable. Non-bailable. Magistrate of the prejudicial to national 3 years, or fine, or first class. integration. both. 197(2) If committed in a place of Imprisonment for Cognizable. Non-bailable. Magistrate of the public worship, etc. 5 years and fine. first class. 198 Public servant disobeying Simple imprisonment Non- Bailable. Magistrate of the direction of the law with for 1 year, or fine, or cognizable. first class. intent to cause injury to both. any person. 199 Public servant disobeying Rigorous Cognizable. Bailable. Magistrate of the direction under law. imprisonment for not first class. less than 6 months which may extend to 2 years and fine. 200 Non-treatment of victim Imprisonment for Non- Bailable. Magistrate of the by hospital. 1 year, or fine, or cognizable. first class. both. 201 Public servant framing an Imprisonment for Cognizable. Bailable. Magistrate of the incorrect document with 3 years, or fine, or first class. intent to cause injury. both. 202 Public servant unlawfully Simple imprisonment Non- Bailable. Magistrate of the engaging in trade. for 1 year, or fine, or cognizable. first class. both, or community service. 203 Public servant unlawfully Simple imprisonment Non- Bailable. Magistrate f the buying or bidding for for 2 years, or fine, or cognizable. firstclass. property. both and confiscation of property, if purchased.
1 2 3 4 5 6 204 Personating a public Imprisonment for not Cognizable. Non-bailable. Any Magistrate. servant. less than 6 months but which may extend to 3 years and fine. 205 Wearing garb or carrying Imprisonment for Cognizable. Bailable. Any Magistrate. token used by public 3 months, or fine of servant with fraudulent 5,000 rupees, or both. intent. 206(a) Absconding to avoid Simple imprisonment Non- Bailable. Any Magistrate. service of summons or for 1 month, or fine of cognizable. other proceeding from a 5,000 rupees, or both. public servant. 206(b) If summons or notice Simple imprisonment Non- Bailable. Any Magistrate. require attendance in for 6 months, or fine cognizable. person, etc., in a Court. of 10,000 rupees, or both. 207(a) Preventing service of Simple imprisonment Non- Bailable. Any Magistrate. summons or other for 1 month, or fine of cognizable. proceeding, or preventing 5,000 rupees, or both. publication thereof. 207(b) If summons, etc., require Simple imprisonment Non- Bailable. Any Magistrate. attendance in person, etc., for 6 months, or fine cognizable. in a Court. of 10,000 rupees, or both. 208(a) Non-attendance in Simple imprisonment Non- Bailable. Any Magistrate. obedience to an order for 1 month, or fine of cognizable. from public servant. 5,000 rupees, or both. 208(b) If the order requires Simple imprisonment Non- Bailable. Any Magistrate. personal attendance, etc., for 6 months, or fine cognizable. in a Court of 10,000 rupees, or both. 209 Non-appearance in Imprisonment for Cognizable. Non-bailable. Magistrate of the response to a 3 years, or fine, or first class. proclamation under both, or community section 84 of this Sanhita. service. In a case where Imprisonment for Cognizable. Non-bailable. Magistrate of the declaration has been 7 years and fine. first class. made under sub-section
(4) of section 84 of this Sanhita pronouncing a person as proclaimed offender.
1 2 3 4 5 6 210(a) Omission to produce Simple imprisonment Non- Bailable. The Court in document to public for 1 month, or fine of cognizable. which the offence servant by person legally 5,000 rupees, or both. is committed, bound to produce or subject to the deliver it. provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 210(b) If the document is Simple imprisonment Non- Bailable. The Court in required to be produced in for 6 months, or fine cognizable. which the offence or delivered to a Court. of 10,000 rupees, or is committed, both. subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 211(a) Intentional omission to Simple imprisonment Non- Bailable. Any Magistrate. give notice or information for 1 month, or fine of cognizable. to public servant by 5,000 rupees, or both. person legally bound to give it. 211(b) If the notice or Simple imprisonment Non- Bailable. Any Magistrate. information required for 6 months, or fine cognizable. respects the commission of 10,000 rupees, or of an offence, etc. both. 211(c) If the notice or Imprisonment for Non- Bailable. Any Magistrate. information is required by 6 months, or fine of cognizable. an order passed under 1,000 rupees, or both. sub-section (1) of section 394 of this Sanhita. 212(a) Knowingly furnishing Simple imprisonment Non- Bailable. Any Magistrate. false information to public for 6 months, or fine cognizable. servant. of 5,000 rupees, or both. 212(b) If the information Imprisonment for Non- Bailable. Any Magistrate. required respects the 2 years, or fine, or cognizable. commission of an offence, both. etc.
1 2 3 4 5 6 213 Refusing oath when duly Simple imprisonment Non- Bailable. The Court in which required to take oath by a for 6 months, or fine cognizable. the offence is public servant. of 5,000 rupees, or committed, subject both. to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 214 Being legally bound to Simple imprisonment Non- Bailable. The Court in which state truth, and refusing to for 6 months, or fine cognizable. the offence is answer public servant of 5,000 rupees, or committed, subject authorised to question. both. to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 215 Refusing to sign a Simple imprisonment Non- Bailable. The Court in which statement made to a for 3 months, or fine cognizable. the offence is public servant when of 3,000 rupees, or committed, subject legally required to do so. both. to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 216 Knowingly stating to a Imprisonment for Non- Bailable. Magistrate of the public servant on oath as 3 years and fine. cognizable. first class. true that which is false. 217 Giving false information Imprisonment for Non- Bailable. Any Magistrate. to a public servant in 1 year, or with fine of cognizable. order to cause him to use 10,000 rupees, or his lawful power to the both. injury or annoyance of any person. 218 Resistance to the taking of Imprisonment for Non- Bailable. Any Magistrate. property by the lawful 6 months, or fine of cognizable. authority of a public 10,000 rupees, or servant. both.
1 2 3 4 5 6 219 Obstructing sale of Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of a public 5,000 rupees, or both. servant. 220 Illegal purchase or bid for Imprisonment for Non- Bailable. Any Magistrate. property offered for sale 1 month, or fine of cognizable. by authority of public 200 rupees, or both. servant. 221 Obstructing public servant Imprisonment for Non- Bailable. Any Magistrate. in discharge of his public 3 months, or fine of cognizable. functions. 2,500 rupees, or both. 222(a) Omission to assist public Simple imprisonment Non- Bailable. Any Magistrate. servant when bound by for 1 month, or fine of cognizable. law to give such 2,500 rupees, or both. assistance. 222(b) Wilfully neglecting to aid Simple imprisonment Non- Bailable. Any Magistrate. a public servant who for 6 months, or fine cognizable. demands aid in the of 5,000 rupees, or execution of process, the both. prevention of offences, etc. 223(a) Disobedience to an order Simple imprisonment Cognizable. Bailable. Any Magistrate. lawfully promulgated by a for 6 months, or fine public servant, if such of 2,500 rupees, or disobedience causes both. obstruction, annoyance or injury to persons lawfully employed. 223(b) If such disobedience Imprisonment for Cognizable. Bailable. Any Magistrate. causes danger to human 1 year, or fine of life, health or safety, or 5,000 rupees, or both. causes or tends to cause a riot or affray. 224 Threat of injury to public Imprisonment for Non- Bailable. Any Magistrate. servant, etc. 2 years, or fine, or cognizable. both. 225 Threat of injury to induce Imprisonment for Non- Bailable. Any Magistrate. person to refrain from 1 year, or fine, or cognizable. applying for protection to both. public servant. 226 Attempt to commit Imprisonment for Non- Bailable. Any Magistrate. suicide to compel or 1 year, or fine, or cognizable. restraint exercise of both, or community lawful power. service. 229(1) Intentionally giving or Imprisonment for Non- Bailable. Magistrate of the fabricating false evidence 7 years and 10,000 cognizable. first class. in a judicial proceeding. rupees.
1 2 3 4 5 6 229(2) Giving or fabricating false Imprisonment for Non- Bailable. Any Magistrate. evidence in any other 3 years and 5,000 cognizable. case. rupees. 230(1) Giving or fabricating false Imprisonment for life, Non- Non-bailable. Court of Session. evidence with intent to or rigorous cognizable. cause any person to be imprisonment for convicted of capital 10 years and 50,000 offence. rupees. 230(2) If innocent person be Death, or as above. Non- Non-bailable. Court of Session. thereby convicted and cognizable. executed. 231 Giving or fabricating false The same as for the Non- Non-bailable. Court of Session. evidence with intent to offence. cognizable. procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. 232(1) Threatening any person to Imprisonment for Cognizable. Non-bailable. Court by which give false evidence. 7 years, or fine, or offence of giving both. false evidence is triable. 232(2) If innocent person is The same as for the Cognizable. Non-bailable. Court by which convicted and sentenced offence. offence of giving in consequence of false false evidence is evidence with death, or triable. imprisonment for more than 7 years. 233 Using in a judicial The same as for Non- According as Court by which proceeding evidence giving or fabricating cognizable. offence of offence of giving known to be false or false evidence. giving such or fabricating fabricated. evidence is false evidence is bailable or non- triable. bailable. 234 Knowingly issuing or The same as for Non- Bailable. Court by which signing a false certificate giving false evidence. cognizable. offence of giving relating to any fact of false evidence is which such certificate is triable. by law admissible in evidence. 235 Using as a true certificate The same as for Non- Bailable. Court by which one known to be false in a giving false evidence. cognizable. offence of giving material point. false evidence is triable. 236 False statement made in The same as for Non- Bailable. Court by which any declaration which is giving false evidence. cognizable. offence of giving by law receivable as false evidence is evidence. triable.
1 2 3 4 5 6 237 Using as true any such The same as for Non- Bailable. Court by which declaration known to be giving false evidence. cognizable. offence of giving false. false evidence is triable. 238(a) Causing disappearance of Imprisonment for According as Bailable. Court of Session. evidence of an offence 7 years and fine. the offence in committed, or giving false relation to information touching it to which screen the offender, if a disappearance capital offence. of evidence is caused is cognizable or non- cognizable. 238(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. imprisonment for 10 years. 238(c) If punishable with less Imprisonment for Non- Bailable. Court by which than 10 years' one-fourth of the cognizable. the offence is imprisonment. longest term provided triable. for the offence, or fine, or both. 239 Intentional omission to Imprisonment for Non- Bailable. Any Magistrate. give information of an 6 months, or fine of cognizable. offence by a person 5,000 rupees, or both. legally bound to inform. 240 Giving false information Imprisonment for Non- Bailable. Any Magistrate. respecting an offence 2 years, or fine, or cognizable. committed. both. 241 Secreting or destroying Imprisonment for Non- Bailable. Magistrate of the any document to prevent 3 years, or fine of cognizable. first class. its production as evidence.5,000 rupees, or both. 242 False personation for the Imprisonment for Non- Bailable. Magistrate of the purpose of any act or 3 years, or fine, or cognizable. first class. proceeding in a suit or both. criminal prosecution, or for becoming bail or security. 243 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment, etc., of 3 years, or fine, of cognizable. property to prevent its 5,000 rupees, or both. seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree.
1 2 3 4 5 6 244 Claiming property Imprisonment for Non- Bailable. Any Magistrate. without right, or 2 years, or fine, or cognizable. practising deception both. touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. 245 Fraudulently suffering a Imprisonment for Non- Bailable. Magistrate of the decree to pass for a sum 2 years, or fine, or cognizable. first class. not due, or suffering both. decree to be executed after it has been satisfied. 246 False claim in a Court. Imprisonment for Non- Bailable. Magistrate of the 2 years and fine. cognizable. first class. 247 Fraudulently obtaining a Imprisonment for Non- Bailable. Magistrate of the decree for a sum not due, 2 years, or fine, or cognizable. first class. or causing a decree to be both. executed after it has been satisfied. 248(a) False charge of offence Imprisonment for Non- Bailable. Magistrate of the made with intent to injure. 5 years, or fine of cognizable. first class. 2 lakh rupees, or both. 248(b) Criminal proceeding Imprisonment for Non- Bailable. Court of Session. instituted on a false 10 years and fine. cognizable. charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. 249(a) Harbouring an offender, if Imprisonment for Cognizable. Bailable. Magistrate of the the offence is punishable 5 years and fine. first class. with death. 249(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 249(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term, and of the descriptions, provided for the offence, or fine, or both.
1 2 3 4 5 6 250(a) Taking gift, etc., to screen Imprisonment for Cognizable. Bailable. Magistrate of the an offender from 7 years and fine. first class. punishment if the offence is punishable with death. 250(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years and fine. first class. with imprisonment for 10 years. 250(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less one-fourth of the first class. than 10 years. longest term provided for the offence, or fine, or both. 251(a) Offering gift or Imprisonment for Non- Bailable. Magistrate of the restoration of property in 7 years and fine. cognizable. first class. consideration of screening offender if the offence is punishable with death. 251(b) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for life or 3 years and fine. cognizable. first class. with imprisonment for 10 years. 251(c) If punishable with Imprisonment for Non- Bailable. Magistrate of the imprisonment for less one-fourth of the cognizable. first class. than 10 years. longest term, provided for the offence, or fine, or both. 252 Taking gift to help to Imprisonment for Cognizable. Bailable. Magistrate of the recover movable property 2 years, or fine, or first class. of which a person has both. been deprived by an offence without causing apprehension of offender. 253(a) Harbouring an offender Imprisonment for Cognizable. Bailable. Magistrate of the who has escaped from 7 years and fine. first class. custody, or whose apprehension has been ordered, if the offence is punishable with death. 253(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. with imprisonment for without fine. 10 years.
1 2 3 4 5 6 253(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for 1 year one-fourth of the first class. and not for 10 years. longest term provided for the offence, or fine, or both. 254 Harbouring robbers or Rigorous Cognizable. Bailable. Magistrate of the dacoits. imprisonment for first class. 7 years and fine. 255 Public servant disobeying Imprisonment for Non- Bailable. Any Magistrate. a direction of law with 2 years, or fine, or cognizable. intent to save person from both. punishment, or property from forfeiture. 256 Public servant framing an Imprisonment for Cognizable. Bailable. Magistrate of the incorrect record or writing 3 years, or fine, or first class. with intent to save person both. from punishment, or property from forfeiture. 257 Public servant in a judicialImprisonment for Non- Bailable. Magistrate of the proceeding corruptly 7 years, or fine, or cognizable. first class. making and pronouncing both. an order, report, etc. contrary to law. 258 Commitment for trial or Imprisonment for Non- Bailable. Magistrate of the confinement by a person 7 years, or fine, or cognizable. first class. having authority, who both. knows that he is acting contrary to law. 259(a) Intentional omission to Imprisonment for According as Bailable. Magistrate of the apprehend on the part of a 7 years, with or the offence in first class. public servant bound by without fine. relation to law to apprehend an which such offender, if the offence is omission has punishable with death. been made is cognizable or non- cognizable. 259(b) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for life or 3 years, with or first class. imprisonment for without fine. 10 years. 259(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less 2 years, with or first class. than 10 years. without fine.
1 2 3 4 5 6 260(a) Intentional omission to Imprisonment for life, Cognizable. Non-bailable. Court of Session. apprehend on the part of a or imprisonment for public servant bound by 14 years, with or law to apprehend person without fine. under sentence of a Court if under sentence of death. 260(b) If under sentence of Imprisonment for Cognizable. Non-bailable. Magistrate of the imprisonment for life or 7 years, with or first class. imprisonment for 10 without fine. years, or upwards. 260(c) If under sentence of Imprisonment for Cognizable. Bailable. Magistrate of the imprisonment for less 3 years, or fine, or first class. than 10 years or lawfully both. committed to custody. 261 Escape from confinement Simple imprisonment Non- Bailable. Any Magistrate. negligently suffered by a for 2 years, or fine, or cognizable. public servant. both. 262 Resistance or obstruction Imprisonment for Cognizable. Bailable. Any Magistrate. by a person to his lawful 2 years, or fine, or apprehension. both. 263(a) Resistance or obstruction Imprisonment for Cognizable. Bailable. Any Magistrate. to the lawful 2 years, or fine, or apprehension of any both. person, or rescuing him from lawful custody. 263(b) If charged with an Imprisonment for Cognizable. Non-bailable. Magistrate of the offence punishable with 3 years and fine. first class. imprisonment for life or imprisonment for 10 years. 263(c) If charged with offence Imprisonment for Cognizable. Non-bailable. Magistrate of the punishable with death. 7 years and fine. first class. 263(d) If the person is sentenced Imprisonment for Cognizable. Non-bailable. Magistrate of the to imprisonment for life, 7 years and fine. first class. or imprisonment for 10 years, or upwards. 263(e) If under sentence of death. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or imprisonment for 10 years and fine.
1 2 3 4 5 6 264 Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:--
(a) in case of intentional Imprisonment for Non- Bailable. Magistrate of the omission or sufferance; 3 years, or fine, or cognizable. first class. both.
(b) in case of negligent Simple imprisonment Non- Bailable. Any Magistrate. omission or sufferance. for 2 years, or fine, or cognizable. both. 265 Resistance or obstruction Imprisonment Cognizable. Bailable. Any Magistrate. to lawful apprehension, or for 6 months, or fine, escape or rescue in cases or both. not otherwise provided for. 266 Violation of condition of Punishment of Cognizable. Non-bailable. The Court by remission of punishment. original sentence, which the original or if part of the offence was punishment has triable. been undergone, the residue. 267 Intentional insult or Simple imprisonment Non- Bailable. The Court in interruption to a public for 6 months, or fine cognizable. which the offence servant sitting in any of 5,000 rupees, or is committed, stage of a judicial both. subject to the proceeding. provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 268 Personation of an assessor. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or both. cognizable. first class. 269 Failure by person released Imprisonment for Cognizable. Non-bailable. Any Magistrate. on bond or bail bond to 1 year, or fine, or both. appear in Court. 271 Negligently doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 6 months, or fine, or infection of any disease both. dangerous to life. 272 Malignantly doing any act Imprisonment for Cognizable. Bailable. Any Magistrate. known to be likely to spread 2 years, or fine, or both. infection of any disease dangerous to life. 273 Knowingly disobeying any Imprisonment for Non- Bailable. Any Magistrate. quarantine rule. 6 months, or fine, or cognizable. both. 274 Adulterating food or drink Imprisonment for Non- Bailable. Any Magistrate. intended for sale, so as to 6 months, or fine of cognizable. make the same noxious. 5,000 rupees, or both.
1 2 3 4 5 6 275 Selling any food or drink as Imprisonment for Non- Bailable. Any Magistrate. food and drink, knowing the 6 months, or fine of cognizable. same to be noxious. 5,000 rupees, or both. 276 Adulterating any drug or Imprisonment for Non- Non-bailable. Any Magistrate. medical preparation intended 1 year, or fine of 5,000 cognizable. for sale so as to lessen its rupees, or both. efficacy, or to change its operation, or to make it noxious. 277 Sale of adulterated drugs. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine of cognizable. 5,000 rupees, or both. 278 Knowingly selling of drug Imprisonment for Non- Bailable. Any Magistrate. as a different drug or 6 months, or fine of cognizable. preparation. 5,000 rupees, or both. 279 Fouling water of public Imprisonment for Cognizable. Bailable. Any Magistrate. spring or reservoir. 6 months, or fine of 5,000 rupees, or both. 280 Making atmosphere Fine of 1,000 rupees. Non- Bailable. Any Magistrate. noxious to health. cognizable. 281 Rash driving or riding on Imprisonment for Cognizable. Bailable. Any Magistrate. a public way. 6 months, or fine of 1,000 rupees, or both. 282 Rash navigation of vessel. Imprisonment for Cognizable. Bailable. Any Magistrate. 6 months, or fine of 10,000 rupees, or both. 283 Exhibition of a false light, Imprisonment for Cognizable. Bailable. Magistrate of the mark or buoy. 7 years, and fine first class. which shall not be less than 10,000 rupees. 284 Conveying person by Imprisonment for Cognizable. Bailable. Any Magistrate. water for hire in unsafe or 6 months, or fine of overloaded vessel. 5,000 rupees, or both. 285 Causing danger or Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate. obstruction in public way or line of navigation. 286 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to poisonous 6 months, or fine of substance. 5,000 rupees, or both. 287 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to fire or 6 months, or fine of combustible matter. 2,000 rupees, or both. 288 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to explosive 6 months, or fine of substance. 5,000 rupees, or both. 289 Negligent conduct with Imprisonment for Non- Bailable. Any Magistrate. respect to machinery. 6 months, or fine of cognizable. 5,000 rupees, or both.
1 2 3 4 5 6 290 Negligent conduct with Imprisonment for Non- Bailable. Any Magistrate. respect to pulling down, 6 months, or fine of cognizable. repairing or constructing 5,000 rupees, or both. buildings, etc. 291 Negligent conduct with Imprisonment for Cognizable. Bailable. Any Magistrate. respect to animal. 6 months, or fine of 5,000 rupees, or both. 292 Committing public Fine of 1,000 rupees. Non- Bailable. Any Magistrate. nuisance in cases not cognizable. otherwise provided for. 293 Continuance of nuisance Simple imprisonment Cognizable. Bailable. Any Magistrate. after injunction to for 6 months, or fine discontinue. of 5,000 rupees, or both. 294(2) Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. books, etc. with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees. 295 Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate. objects to child. with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. 296 Obscene acts and songs. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 1,000 rupees, or both. 297(1) Keeping a lottery office. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 297(2) Publishing proposals Fine of 5,000 rupees. Non- Bailable. Any Magistrate. relating to lotteries. cognizable. 298 Defiling, etc., place of Imprisonment for Cognizable. Non-bailable. Any Magistrate. worship, with intent to 2 years, or fine, or insult the religion of any both. class.
1 2 3 4 5 6 299 Deliberate and malicious Imprisonment for Cognizable. Non-bailable. Magistrate of the acts, intended to outrage 3 years, or fine, or first class. religious feelings of any both. class by insulting its religion or religious beliefs. 300 Disturbing religious Imprisonment for Cognizable. Bailable. Any Magistrate. assembly. 1 year, or fine, or both. 301 Trespassing on burial Imprisonment for Cognizable. Bailable. Any Magistrate. places, etc. 1 year, or fine, or both. 302 Uttering words, etc., with Imprisonment for Non- Bailable. Any Magistrate. deliberate intent to wound 1 year, or fine, or cognizable. religious feelings. both. 303(2) Theft. Rigorous Cognizable. Non-bailable. Any Magistrate. imprisonment for not be less than 1 year but which may extend to 5 years, and fine. Where value of property Upon return of the Non- Bailable. Any Magistrate. is less than 5,000 rupees. value of property or cognizable. restoration of the stolen property, shall be punished with community service. 304(2) Snatching. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 3 years and fine. 305 Theft in a dwelling house, Imprisonment for Cognizable. Non-bailable. Any Magistrate. or means of transportation 7 years and fine. or place of worship, etc. 306 Theft by clerk or servant Imprisonment for Cognizable. Non-bailable. Any Magistrate. of property in possession 7 years and fine. of master or employer. 308(2) Extortion. Imprisonment for Cognizable. Non-bailable. Magistrate of the 7 years, or fine, or first class. both. 308(3) Putting or attempting to Imprisonment for Cognizable. Bailable. Any Magistrate. put in fear of injury, in 2 years, or fine, or order to commit extortion. both. 308(4) Putting or attempting to Imprisonment for Cognizable. Non-bailable. Magistrate of the put a person in fear of 7 years and fine. first class. death or grievous hurt in order to commit extortion. 308(5) Extortion by putting a Imprisonment for Cognizable. Non-bailable. Magistrate of the person in fear of death or 10 years and fine. first class. grievous hurt.
1 2 3 4 5 6 308(6) Putting a person in fear of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. 308(7) Extortion by threat of Imprisonment for Cognizable. Bailable. Magistrate of the accusation of an offence 10 years and fine. first class. punishable with death, imprisonment for life, or imprisonment for 10 years. 309(4) Robbery. Rigorous Cognizable. Non-bailable. Magistrate of the imprisonment for first class. 10 years and fine. If robbery committed on Rigorous Cognizable. Non-bailable. Magistrate of the highway between sunset imprisonment for first class. and sunrise. 14 years. 309(5) Attempt to commit Rigorous Cognizable. Non-bailable. Magistrate of the robbery. imprisonment for first class. 7 years and fine. 309(6) Causing hurt. Imprisonment for life, Cognizable. Non-bailable. Magistrate of the or rigorous first class. imprisonment for 10 years and fine. 310(2) Dacoity. Imprisonment for life, Cognizable. Non-bailable. Court of Session. or rigorous imprisonment for 10 years and fine. 310(3) Murder in dacoity. Death, imprisonment Cognizable. Non-bailable. Court of Session. for life, or rigorous imprisonment for not less than 10 years and fine. 310(4) Making preparation to Rigorous Cognizable. Non-bailable. Court of Session. commit dacoity. imprisonment for 10 years and fine. 310(5) Being one of five or Rigorous Cognizable. Non-bailable. Court of Session. more persons assembled imprisonment for for the purpose of 7 years and fine. committing dacoity.
1 2 3 4 5 6 310(6) Belonging to a gang of Imprisonment for life, Cognizable. Non-bailable. Court of Session. persons associated for the or rigorous purpose of habitually imprisonment for committing dacoity. 10 years and fine. 311 Robbery or dacoity, with Imprisonment for not Cognizable. Non-bailable. Court of Session. attempt to cause death or less than 7 years. grievous hurt. 312 Attempt to commit Imprisonment for not Cognizable. Non-bailable. Court of Session. robbery or dacoity when less than 7 years. armed with deadly weapon. 313 Belonging to a wandering Rigorous Cognizable. Non-bailable. Magistrate of the gang of persons imprisonment for first class. associated for the purpose 7 years and fine. of habitually committing thefts. 314 Dishonest Imprisonment of not Non- Bailable. Any Magistrate. misappropriation of less than 6 months but cognizable. movable property, or which may extend converting it to one's own to 2 years and fine. use. 315 Dishonest Imprisonment for Non- Bailable. Magistrate of the misappropriation of 3 years and fine. cognizable. first class. property possessed by deceased person at the time of his death. If by clerk or person Imprisonment for Non- Bailable. Magistrate of the employed by deceased. 7 years. cognizable. first class. 316(2) Criminal breach of trust. Imprisonment for Cognizable. Non-bailable. Magistrate of the 5 years, or fine, or first class. both. 316(3) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a carrier, wharfinger, 7 years and fine. first class. etc. 316(4) Criminal breach of trust Imprisonment for Cognizable. Non-bailable. Magistrate of the by a clerk or servant. 7 years and fine. first class. 316(5) Criminal breach of trust Imprisonment for life, Cognizable. Non-bailable. Magistrate of the by public servant or by or imprisonment for first class. banker, merchant or 10 years and fine. agent, etc. 317(2) Dishonestly receiving Imprisonment for Cognizable. Non-bailable. Any Magistrate. stolen property 3 years, or fine, or knowing it to be stolen. both.
1 2 3 4 5 6 317(3) Dishonestly receiving Imprisonment for life, Cognizable. Non-bailable. Court of Session. stolen property, knowing or rigorous that it was obtained by imprisonment for dacoity. 10 years and fine. 317(4) Habitually dealing in Imprisonment for life, Cognizable. Non-bailable. Court of Session. stolen property. or imprisonment for 10 years and fine. 317(5) Assisting in concealment Imprisonment for Cognizable. Non-bailable. Any Magistrate. or disposal of stolen 3 years, or fine, or property, knowing it to be both. stolen. 318(2) Cheating. Imprisonment for Non- Bailable. Any Magistrate. 3 years, or fine, or cognizable. both. 318(3) Cheating a person whose Imprisonment for Non- Bailable. Any Magistrate. interest the offender was 5 years, or fine, or cognizable. bound, either by law or by both. legal contract, to protect. 318(4) Cheating and dishonestly Imprisonment for Cognizable. Non-bailable. Magistrate of the inducing delivery of 7 years and fine. first class. property. 319(2) Cheating by personation. Imprisonment for Cognizable Bailable. Any Magistrate. 5 years, or with fine, or with both. 320 Fraudulent removal or Imprisonment of not Non- Bailable. Any Magistrate. concealment of property, be less than 6 months cognizable. etc., to prevent but which may extend distribution among to 2 years, or fine, or creditors. both. 321 Dishonest or fraudulently Imprisonment for Non- Bailable. Any Magistrate. preventing from being 2 years, or fine, or cognizable. made available for his both. creditors a debt or demand due to the offender. 322 Dishonest or fraudulent Imprisonment for Non- Bailable. Any Magistrate. execution of deed of 3 years, or fine, or cognizable. transfer containing a both. false statement of consideration.
1 2 3 4 5 6 323 Fraudulent removal or Imprisonment for Non- Bailable. Any Magistrate. concealment of property, 3 years, or fine, or cognizable. of himself or any other both. person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. 324(2) Mischief. Imprisonment for Non- Bailable. Any Magistrate. 6 months, or fine, or cognizable. both. 324(3) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to any property 1 year, or fine, or cognizable. including property of both. Government or Local Authority. 324(4) Mischief causing loss or Imprisonment for Non- Bailable. Any Magistrate. damage to the amount of 2 years, or fine, or cognizable. twenty thousand rupees both. but less than 2 lakh rupees. 324(5) Mischief causing loss or Imprisonment for Cognizable. Bailable. Magistrate of the damage to the amount of 5 years, or fine, or first class. one lakh rupees or both. upwards. 324(6) Mischief with preparation Imprisonment for Cognizable. Bailable. Magistrate of the for causing to any person 5 years, and fine. first class. death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. 325 Mischief by killing or Imprisonment for Cognizable. Bailable. Magistrate of the maiming animal. 5 years, or fine, or first class. both. 326(a) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the diminution of supply of 5 years, or fine, or first class. water for agricultural both. purposes, etc. 326(b) Mischief by injury to Imprisonment for Cognizable. Bailable. Magistrate of the public road, bridge, 5 years, or fine, or first class. navigable river, or both. navigable channel, and rendering it impassable or less safe for travelling or conveying property. 326(c) Mischief by causing Imprisonment for Cognizable. Bailable. Magistrate of the inundation or obstruction 5 years, or with fine, first class. to public drainage or with both. attended with damage.
1 2 3 4 5 6 326(d) Mischief by destroying or Imprisonment for 7 Cognizable. Bailable. Magistrate of the moving or rendering less years, or fine, or both. first class. useful a lighthouse or seamark, or by exhibiting false lights. 326(e) Mischief by destroying or Imprisonment for Non- Bailable. Any Magistrate. moving, etc., a landmark 1 year, or fine, or cognizable. fixed by public authority. both. 326(f) Mischief by fire or Imprisonment for Cognizable. Bailable. Magistrate of the explosive substance with 7 years and fine. first class. intent to cause damage. 326(g) Mischief by fire or Imprisonment for life, Cognizable. Non-bailable. Court of Session. explosive substance with or imprisonment for intent to destroy a house, 10 years and fine. etc. 327(1) Mischief with intent to Imprisonment for 10 Cognizable. Non-bailable. Court of Session. destroy or make unsafe a years and fine. decked vessel or a vessel of 20 tonnes burden. 327(2) The mischief described in Imprisonment for life, Cognizable. Non-bailable. Court of Session. the last section when or imprisonment for committed by fire or any 10 years and fine. explosive substance. 328 Running vessel with Imprisonment for Cognizable. Non-bailable. Court of Session. intent to commit theft, etc. 10 years and fine. 329(3) Criminal trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 3 months, or fine of 5,000 rupees, or both. 329(4) House-trespass. Imprisonment for Cognizable. Bailable. Any Magistrate. 1 year, or fine of 5,000 rupees, or both. 331(1) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking. 2 years and fine. 331(2) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Any Magistrate. or house-breaking by 3 years and fine. night. 331(3) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking in order 3 years and fine. to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the years. first class.
1 2 3 4 5 6 331(4) Lurking house-trespass or Imprisonment for Cognizable. Non-bailable. Any Magistrate. house-breaking by night 5 years and fine. in order to the commission of an offence punishable with imprisonment. If the offence be theft. Imprisonment for Cognizable. Non-bailable. Magistrate of the 14 years. first class. 331(5) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking after 10 years and fine. first class. preparation made for causing hurt, assault, etc. 331(6) Lurking house-trespass Imprisonment for Cognizable. Non-bailable. Magistrate of the or house-breaking by 14 years and fine. first class. night, after preparation made for causing hurt, etc. 331(7) Grievous hurt caused Imprisonment for life, Cognizable. Non-bailable. Court of Session. whilst committing or imprisonment for lurking house-trespass 10 years and fine. or house-breaking. 331(8) Death or grievous hurt Imprisonment for life, Cognizable. Non-bailable. Court of Session. caused by one of several or imprisonment for persons jointly concerned 10 years and fine. in house-breaking by night, etc. 332(a) House-trespass in order Imprisonment for life, Cognizable. Non-bailable. Court of Session. to the commission of an or rigorous offence punishable with imprisonment for death. 10 years and fine. 332(b) House-trespass in order Imprisonment for Cognizable. Non-bailable. Court of Session. to the commission of an 10 years and fine. offence punishable with imprisonment for life. 332(c) House-trespass in order Imprisonment for Cognizable. Bailable. Any Magistrate. to the commission of an 2 years and fine. offence punishable with imprisonment. If the offence is theft. Imprisonment for Cognizable. Non-bailable. Any Magistrate. 7 years. 333 House-trespass, having Imprisonment for Cognizable. Non-bailable. Any Magistrate. made preparation for 7 years and fine. causing hurt, assault, etc. 334(1) Dishonestly breaking Imprisonment for Cognizable. Non-bailable. Any Magistrate. open or unfastening any 2 years, or fine, or closed receptacle both. containing or supposed to contain property.
1 2 3 4 5 6 334(2) Being entrusted with any Imprisonment for Cognizable. Bailable. Any Magistrate. closed receptacle 3 years, or fine, or containing or supposed to both. contain any property, and fraudulently opening the same. 336(2) Forgery. Imprisonment for Non- Bailable. Magistrate of the 2 years, or fine, or cognizable. first class. both. 336(3) Forgery for the purpose of Imprisonment for Cognizable. Non-bailable. Magistrate of the cheating. 7 years and fine. first class. 336(4) Forgery for the purpose of Imprisonment for Cognizable. Bailable. Magistrate of the harming the reputation of 3 years and fine. first class. any person or knowing that it is likely to be used for that purpose. 337 Forgery of a record of a Imprisonment for Non- Non-bailable. Magistrate of the Court or of a Registrar of 7 years and fine cognizable. first class. Births, etc., kept by a public servant. 338 Forgery of a valuable Imprisonment for life, Non- Non-bailable. Magistrate of the security, will, or authority or imprisonment for cognizable. first class. to make or transfer any 10 years and fine. valuable security, or to receive any money, etc. When the valuable Imprisonment for life, Cognizable. Non-bailable. Magistrate of the security is a promissory or imprisonment for first class. note of the Central 10 years and fine. Government. 339 Having possession of a Imprisonment for Cognizable. Bailable. Magistrate of the document, knowing it to 7 years and fine. first class. be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 337. If the document is one Imprisonment for Non- Bailable. Magistrate of the of the description life, or imprisonment cognizable. first class. mentioned in section 338. for 7 years and fine. 340(2) Using as genuine a forged Punishment for Cognizable. Bailable. Magistrate of the document which is known forgery of such first class. to be forged. document.
1 2 3 4 5 6 341(1) Making or counterfeiting Imprisonment for life, Cognizable. Bailable. Magistrate of the a seal, plate, etc., with or imprisonment for first class. intent to commit a forgery 7 years and fine. punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(2) Making or counterfeiting Imprisonment for Cognizable. Bailable. Magistrate of the a seal, plate, etc., with 7 years and fine. first class. intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. 341(3) Possesses any seal, plate Imprisonment for Cognizable. Bailable. Magistrate of the or other instrument 3 years and fine. first class. knowing the same to be counterfeit. 341(4) Fraudulently or Same as if he had Cognizable. Bailable. Magistrate of the dishonestly uses as made or counterfeited first class. genuine any seal, plate or such seal, plate or other instrument knowing other instrument. or having reason to believe the same to be counterfeit. 342(1) Counterfeiting a device or Imprisonment for life, Non- Bailable. Magistrate of the mark used for or imprisonment for cognizable. first class. authenticating documents 7 years and fine. described in section 338 or possessing counterfeit marked material. 342(2) Counterfeiting a device or Imprisonment for Non- Non-bailable. Magistrate of the mark used for 7 years and fine. cognizable. first class. authenticating documents other than those described in section 338 or possessing counterfeit marked material. 343 Fraudulently destroying orImprisonment for life, Non- Non-bailable. Magistrate of the defacing, or attempting to or imprisonment for cognizable. first class. destroy or deface, or 7 years and fine. secreting, a will, etc. 344 Falsification of accounts. Imprisonment for Non- Bailable. Magistrate of the 7 years, or fine, or cognizable. first class. both.
1 2 3 4 5 6 345(3) Using a false property Imprisonment for Non- Bailable. Any Magistrate. mark with intent to 1 year, or fine, or cognizable. deceive or injure any both. person. 346 Removing, destroying or Imprisonment for Non- Bailable. Any Magistrate. defacing property mark 1 year, or fine, or cognizable. with intent to cause both. injury. 347(1) Counterfeiting a property Imprisonment for Non- Bailable. Any Magistrate. mark used by another, 2 years, or fine, or cognizable. with intent to cause both. damage or injury. 347(2) Counterfeiting a property Imprisonment for Non- Bailable. Magistrate of the mark used by a public 3 years and fine. cognizable. first class. servant, or any mark used by him to denote the manufacture, quality, etc., of any property. 348 Fraudulently making or Imprisonment for Non- Bailable. Magistrate of the having possession of any 3 years, or fine, or cognizable. first class. die, plate or other both. instrument for counterfeiting any public or private property mark. 349 Knowingly selling goods Imprisonment for Non- Bailable. Any Magistrate. marked with a counterfeit 1 year, or fine, or cognizable. property mark. both. 350(1) Fraudulently making a Imprisonment for Non- Bailable. Any Magistrate. false mark upon any 3 years, or fine, or cognizable. package or receptacle both. containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. 350(2) Making use of any such Imprisonment for Non- Bailable. Any Magistrate. false mark. 3 years, or fine, or cognizable. both. 351(2) Criminal intimidation. Imprisonment for Non- Bailable Any Magistrate. 2 years, or fine, or cognizable both. 351(3) If threat be to cause death Imprisonment for Non- Bailable Magistrate of the or grievous hurt, etc. 7 years, or fine, or cognizable first class. both. 351(4) Criminal intimidation by Imprisonment for Non- Bailable. Magistrate of the anonymous 2 years, in addition to cognizable. first class. communication or having the punishment under taken precaution to section 351(1). conceal whence the threat comes.
1 2 3 4 5 6 352 Insult intended to provoke Imprisonment for Non- Bailable. Any Magistrate. breach of the peace. 2 years, or fine, or cognizable. both. 353(1) False statement, rumour, Imprisonment for Non- Non-bailable. Any Magistrate. etc., circulated with intent 3 years, or fine, or cognizable. to cause mutiny or offenceboth. against the public peace. 353(2) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., with intent to create 3 years, or fine, or enmity, hatred or ill-will both. between different classes. 353(3) False statement, rumour, Imprisonment for Cognizable. Non-bailable. Any Magistrate. etc., made in place of 5 years and fine. worship, etc., with intent to create enmity, hatred or ill-will. 354 Act caused by inducing a Imprisonment for Non- Bailable. Any Magistrate. person to believe that he 1 year, or fine, or cognizable. will be rendered an object both. of Divine displeasure. 355 Appearing in a public Simple imprisonment Non- Bailable. Any Magistrate. place, etc., in a state of for 24 hours, or fine cognizable. intoxication, and causing of 1,000 rupees, or annoyance to any person. both or with community service. 356(2) Defamation against the Simple imprisonment Non- Bailable. Court of Session. President or the Vice- for 2 years, or fine or cognizable. President or the Governor both, or community of a State or service. Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Defamation in any other Simple imprisonment Non- Bailable. Magistrate of the case. for 2 years, or fine or cognizable. first class. both or community service.
1 2 3 4 5 6 356(3) Printing or engraving Simple imprisonment Non- Bailable. Court of Session. matter knowing it to be for 2 years, or fine, or cognizable. defamatory against the both. President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Printing or engraving Simple imprisonment Non- Bailable. Magistrate of the matter knowing it to be for 2 years, or fine, or cognizable. first class. defamatory, in any other both. case. 356(4) Sale of printed or Simple imprisonment Non- Bailable. Court of Session. engraved substance for 2 years, or fine, or cognizable. containing defamatory both. matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Sale of printed or Simple imprisonment Non- Bailable. Magistrate of the engraved substance for 2 years, or fine, or cognizable. first class. containing defamatory both. matter, knowing it to contain such matter in any other case. 357 Being bound to attend on Imprisonment for Non- Bailable. Any Magistrate. or supply the wants of a 3 months, or fine of cognizable. person who is helpless 5,000 rupees, or both. from youth, unsoundness of mind or disease, and voluntarily omitting to do so.
ii.--classification of offences against other laws
Offence Cognizable or Bailable or non- By what court triable. non-cognizable. bailable. 1 2 3 4 If punishable with death, Cognizable. Non-bailable. Court of Session. imprisonment for life, or imprisonment for more than 7 years. If punishable with imprisonment for Cognizable. Non-bailable. Magistrate of the first class. 3 years and upwards but not more than 7 years. If punishable with imprisonment for Non-cognizable. Bailable. Any Magistrate.] less than 3 years or with fine only.
THE SECOND SCHEDULE (See section 522) FORM No.1 NOTICE FOR APPEARANCE BY THE POLICE [See section 35(3)] Serial No……. Police Station……… To, ................................. [Name of the Accused/Noticee] ................................. [Last known Address] ................................. [Phone No./ Email ID (if any)] In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I hereby inform you that during the investigation of FIR/Case No …………………..dated…………… u/s ………………………………… registered at Police Station ……………………………………………..., it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ………..........…… AM/PM on……………………... at
Police Station. Name and Designation of the Officer In charge (Seal)
FORM No. 2 SUMMONS TO AN ACCUSED PERSON (See section 63) To..............................................(name of accused) of ..............................................(address) WHEREAS your attendance is necessary to answer to a charge of.......................................... .............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate, before the (Magistrate) of.............................................., on the..............................................day............................................... Herein fail not.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 3 WARRANT OF ARREST (See section 72) To .............................................. (name and designation of the person or persons who is or are to execute the warrant). WHEREAS (name of accused) of (address) stands charged with the offence of ...................................................... (state the offence), you are hereby directed to arrest the said ......................................................, and to produce him before me. Herein fail not. Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court) (Signature)
(See section 73) This warrant may be endorsed as follows:—
If the said.............................................................. shall give bail himself in the sum of rupees.............................................. with one surety in the sum of rupees.............................................. (or two sureties each in the sum of rupees..............................................) to attend before me on the.............................................. day of.............................................. and to continue so to attend until otherwise directed by me, he may be released.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court) (Signature)
————
FORM No. 4 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 83) I, ............................................................(name), of..........................................................., being brought before the District Magistrate of...........................................................(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of..........................................................., do hereby bind myself to attend in the Court of.................................................................on the..................................day of ...........................................................next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees................................................. .
Dated, this.............................................. day of.............................................. , 20 ............... .
(Signature)
I do hereby declare myself surety for the above-named.............................................. of.......................................................... that he shall attend before in the Court of on the.............................................. day of.............................................. next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees............................................................. .
Dated, this.............................................. day of.............................................. , 20 ............. .
(Signature)
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FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
(See section 84) WHEREAS a complaint has been made before me that................................................... (name, description and address) has committed (or is suspected to have committed) the offence of .............................................. , punishable under section.............................................. of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction that the said.............................................. (name) has absconded (or is concealing himself to avoid the service of the said warranty); Proclamation is hereby made that the said.............................................. of.............................................. is required to appear at.............................................. (place) before this Court (or before me) to answer the said complaint on the.............................................. day of.............................................. Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court) (Signature)
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FORM No. 6 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 84, 90 and 93)
WHEREAS complaint has been made before me that..............................................(name, description and address) has committed (or is suspected to have committed) the offence of ..............................................(mention the offence concisely) and a warrant has been issued to compel the attendance of..............................................(name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said..............................................(name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);
Proclamation is hereby made that the said..............................................(name) is required to appear at..............................................(place) before the Court..............................................on the........................................day of.........................................next at..............................................o'clock to be examined touching..............................................the offence complained of.
Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court) (Signature)
————
FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS (See section 85) To the officer in charge of the police station at.............................................. WHEREAS a warrant has been duly issued to compel the attendance of.........................................................(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said..............................................to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said..............................................to the value of rupees..............................................which you may find within the District..............................................of..............................................and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............... .
(Seal of the Court) (Signature)
————
FORM No. 8
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED
(See section 85)
To .............................................. (name and designation of the person or persons who is or are to execute the warrant).
Whereas complaint has been made before me that .............................................. (name, description and address) has committed (or is suspected to have committed) the offence of .............................................. punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said .............................................. to appear to answer the said charge within .............................................. days; and whereas the said .............................................. is possessed of the following property, other than land paying revenue to Government, in the village (or town), of .............................................., in the District of .............................................., viz., .............................................., and an order has been made for the attachment thereof;
You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (3) of section 85, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this .............................................. day of .............................................., 20 ............... .
(Seal of the Court)
(Signature)
* Strike out the one which is not applicable, depending on the nature of the property to be attached.
FORM No. 9 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 85)
To the District Magistrate/Collector of the District of .............................................. WHEREAS complaint has been made before me that .............................................. (name, description and address) has committed (or is suspected to have committed) the offence of .............................................., punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ....................................... (name) to appear to answer the said charge within ......................................... days; and whereas the said .............................................. is possessed of certain land paying revenue to Government in the village (or town) of .............................................., in the District of ..............................................; You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 85, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this .............................................. day of .............................................., 20 ............... .
(Seal of the Court) (Signature)
* Strike out the one which is not desired.
FORM No. 10 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 90) To .............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant).
WHEREAS complaint has been made before me that .............................................. (name and description of accused) of .............................................. (address) has (or is suspected to have) committed the offence of .............................................. (mention the offence concisely), and it appears likely that .............................................. (name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;
This is to authorise and require you to arrest the said .............................................. (name of witness), and on the .............................................. day of .............................................. to bring him before this Court .............................................., to be examined touching the offence complained of.
Dated, this .............................................. day of .............................................., 20 ............... .
(Seal of the Court) (Signature)
FORM No. 11 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 96) To .............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant). WHEREAS information has been laid .............................................. (or complaint has been made) before me of the commission .............................................. (or suspected commission) of the offence of .............................................. (mention the offence concisely), and it has been made to appear to me that the production of .............................................. (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);
This is to authorise and require you to search for the said .............................................. (the thing specified) in the .............................................. (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this .............................................. day of .............................................., 20 ............... .
(Seal of the Court) (Signature)
FORM No. 12 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 97) To .............................................. (name and designation of the police officer above the rank of a constable). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the .............................................. (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section); This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this .............................................. day of .............................................., 20 ............ .
(Seal of the Court) (Signature)
FORM No. 13 BOND TO KEEP THE PEACE (See sections 125 and 126) WHEREAS I,.............................................................. (name), inhabitant of ..............................................
(place), have been called upon to enter into a bond to keep the peace for the term of ............................................. or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government, the sum of rupees .............................................. Dated, this .............................................. day of .............................................., 20 ............ .
(Signature)
FORM No. 14
bond for good behaviour
(See sections 127, 128 and 129)
Whereas I, ............................................................... (name), inhabitant of ..............................................
(place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of .............................................. (state the period) or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees ...................
Dated, this .............................................. day of .............................................., 20 ............... .
(Seal of the Court) (Signature)
(Where a bond with sureties is to be executed, add)
We do hereby declare ourselves sureties for the above-named ........................................ that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees .................................
Dated, this .............................................. day of .............................................., 20 ............ .
(Seal of the Court) (Signature)
FORM No. 15 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 132) To .............................................. of .............................................. WHEREAS it has been made to appear to me by credible information that ................................ (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of .............................................. on the .............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees .............................................. [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you will keep the peace for the term of .............................................. Dated, this .............................................. day of .............................................., 20 ........... .
(Seal of the Court) (Signature)
FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 141)
To the Officer in charge of the Jail at ..............................................
WHEREAS .............................................. (name and address) appeared before me in person (or by his authorised agent) on the .............................................. day of .............................................. in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees .............................................. with one surety (or a bond with two sureties each in rupees ..............................................), that he, the said .............................................. (name) would keep the peace for the period of months; and whereas an order was then made requiring the said .............................................. (name) to enter into and find such security ......................................... (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;
This is to authorise and require you to receive the said .............................................. (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .............................................. (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this .............................................. day of .............................................., 20 ........... .
(Seal of the Court) (Signature)
FORM No. 17 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 141) To the Officer in charge of the Jail at.............................................. WHEREAS it has been made to appear to me that .............................................. (name and description) has been concealing his presence within the district of .............................................. and that there is reason to believe that he is doing so with a view to committing a cognizable offence; or WHEREAS evidence of the general character of..............................................(name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be);
AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees.............................................. and the said surety (or each of the said sureties) rupees ..............................................and the said..............................................(name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished;
This is to authorise and require you receive the said..............................................( name) into your custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ........... .
(Seal of the Court) (Signature)
————
FORM No. 18 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 141 and 142) To the Officer in charge of the Jail at..............................................(or other officer in whose custody the person is). WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the.............................................. day of ..............................................20..............................................; and has since duly given security under section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023. or WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the......................................................... day of ..............................................20.................; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorise and require you forthwith to discharge the said .............................................. (name) from your custody unless he is liable to be detained for some other cause. Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 19 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE (See section 144) To the Officer in charge of the Jail at.............................................. WHEREAS..............................................(name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife ..............................................(name) [or his child..............................................(name) or his father or mother..............................................(name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said......................................................( name) to allow to his said ..............................................wife (or child or father or mother) for maintenance the monthly sum of rupees..............................................; and whereas it has been further proved that the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................; And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of..............................................; This is to authorise and require you receive the said..............................................(name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
————
FORM No. 20 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE (See section 144) To............................................................................................................................................. .......... (name and designation of the police officer or other person to execute the warrant).
WHEREAS an order has been duly made requiring..............................................(name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees.............................................., and whereas the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................
This is to authorise and require you to attach any movable property belonging to the said..............................................(name) which may be found within the district of.............................................., and if within..............................................(state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
————
FORM No. 21 ORDER FOR THE REMOVAL OF NUISANCES (See section 152) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place) ........................................................... by, etc., ..............................................(state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists; or WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of ..............................................(state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason..............................................(state briefly in what manner the injurious effects are caused), and should be suppressed or removed to different place; or WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way ..............................................(describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); or WHEREAS , etc., etc., (as the case may be); I do hereby direct and require you within..............................................(state the time allowed) (state what is required to be done to abate the nuisance) ............................................. or to appear at..............................................in the ............................................. Court of..............................................on the ..............................................day of..............................................next, and to show cause why this order should not be enforced; or I do hereby direct and require you within..............................................(state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; or I do hereby direct and require you within..............................................(state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; or I do hereby direct and require you, etc., etc. (as the case may be).
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) ————
FORM No. 22 MAGISTRATE'S NOTICE AND PEREMPTORY ORDER (See section 160) To..............................................(name, description and address). I HEREBY give you notice that it has been found that the order issued on the ...............................................................day of..................................................................................requiring you ..............................................(state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience thereto.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 23 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 161)
To..............................................(name, description and address). WHEREAS the inquiry into the conditional order issued by me on the..............................................day of .............................................., 20.............................................., is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and enjoin you forthwith to .............................................. (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry. Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) ————
FORM No. 24 MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE (See section 162) To..............................................(name, description and address). WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper recital, guided by Form No. 21 or Form No. 25, as the case may be); I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 25 MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. (See section 163) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you are in possession (or have the management) of ..............................................(describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; or WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray; or WHEREAS, etc., etc., (as the case may be); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; or I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 26 MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE (See section 164) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between..............................................(describe the parties by name and residence or residence only if the dispute be between bodies of villagers) concerning certain..............................................(state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said..............................................(name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said..............................................(the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime. Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 27 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.
(See section 165) To the officer in charge of the police station at.............................................. (or, To the Collector of..............................................). WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed between..............................................(describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain..............................................(state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said..............................................(the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 28 MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER (See section 166)
A dispute having arisen concerning the right of use of..............................................(state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by..............................................(describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed"); I do order that the said..............................................(the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 29 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER (See section 189)
I,..............................................(name), of.............................................., being charged with the offence of.............................................., and after inquiry required to appear before the Magistrate of.............................................. or and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at.............................................., in the Court of........................................., on the..............................................day of..............................................next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein. I bind myself to forfeit to Government, the sum of rupees..............................................;
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said .............................................. (name) that he shall attend at..............................................in the Court of......................................., on the.....................................day of..............................................next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees.....................
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 30 BOND TO PROSECUTE OR GIVE EVIDENCE (See section 190) I,..............................................(name) of ............................................. (place), do hereby bind myself to attend at.....................................................................in the Court of............................................................. at.............................................................o'clock on the..............................................................................day of..............................................next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of..............................................against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.................. Dated, this.............................................. day of.............................................. , 20 ............ .
(Signature)
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FORM No. 31 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 229) To, ....................................................................................................... (Name of the accused) of..............................................(address) WHEREAS your attendance is necessary to answer a charge of a petty offence ..............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate) before..............................................(Magistrate) of..............................................on the..............................................day of.............................................. 20.............................................., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) (Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.)
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FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,.............................................. etc. (state the offence as in the charge)
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 33 CHARGES (See sections 234, 235 and 236) I. CHARGES WITH ONE-HEAD
(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:—
(b) On section 147.—That you, on or about the...................................................................................day of.............................................., at.............................................., waged war against the Government of India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court.
(c) And I hereby direct that you be tried by this Court on the said charge.
(Signature and seal of the Magistrate) [To be substituted for (b)]:—
(2) On section 151.—That you, on or about the..............................................................................day of.............................................., at.............................................., with the intention of inducing the President of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Government) assaulted President (or, as the case may be, the Governor), and thereby committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(3) On section 198.—That you, on or about the................................................................................day of.............................................., at.............................................., did (or omitted to do, as the case may be) ............................................. , such conduct being contrary to the provisions of..............................................Act .............................................., section.............................................., and known by you to be prejudicial to.............................................., and thereby committed an offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(4) On section 229.—That you, on or about the...............................................................................day of.............................................., at.............................................., in the course of the trial of ..............................................before.............................................., stated in evidence that “..............................................” which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(5) On section 105.—That you, on or about the..................................................................................day of.............................................., at.............................................., committed culpable homicide not amounting to murder, causing the death of.............................................., and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(6) On section 108.—That you, on or about the..............................................................................day of......................................................, at......................................................., abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(7) On section 117(2).—That you, on or about the...........................................................................day of.............................................., at.............................................., voluntarily caused grievous hurt
to..................................., and thereby committed an offence punishable under section 117(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(8) On section 309(2).—That you, on or about the..........................................................................day of.............................................., at.............................................., robbed.............................................. (state the name), and thereby committed an offence punishable under section 309(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.
(9) On section 310(2).—That you, on or about the............................................................................day of.............................................., at.............................................., committed dacoity, an offence punishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court.
ii. charges with two or more heads
(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:—
(b) On section 179.—First—That you, on or about the..............................................day of.............................................., at.............................................., knowing a coin to be counterfeit, delivered the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Secondly—That you, on or about the...............................................................day of.............................................., at.............................................., knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.
(c) And I hereby direct that you be tried by the said Court on the said charge.
(Signature and seal of the Magistrate) [To be substituted for (b)]:—
(2) On sections 103 and 105.—First—That you, on or about the..................................... day of.............................................., at.............................................., committed murder by causing the death of.............................................., and thereby committed an offence punishable under section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Secondly—That you, on or about the......................................day of........................................, at.............................................., by causing the death of.............................................., committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.
(3) On sections 303(2) and 307.—First—That you, on or about the..................................... day of................................, at......, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Secondly—That you, on or about the.............................................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Thirdly—That you, on or about the................................................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft,
and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Fourthly—That you, on or about the.................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.
(4)Alternative charge on section 229.—That you, on or about the...................................... day of......................................., at......................................., in the course of the inquiry into.............................................., before.............................................., stated in evidence that ‘‘..............................................’’, and that you, on or about the..............................................day of .............................................., at.............................................., in the course of the trial of, ....................................... before, stated in the evidence that ‘‘..............................................’’, one of which statements you either knew or believed to be false, did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the Court of Session’’.) III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION I,..................................................(name and office of Magistrate, etc.) hereby charge you ..............................................(name of accused person) as follows:— That you, on or about the..............................................day of.............................................., at.............................................., committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or Magistrate, as the case may be). And you, the said ................................................................(name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the...................................................... day of.............................................., had been convicted by the..................................................(state Court by which conviction was had) at..............................................of an offence punishable under Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of house-breaking by night..............................................(describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023. And I hereby direct that you be tried, etc.
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FORM No. 34 SUMMONS TO WITNESS (See sections 63 and 267) To..............................................of.............................................. WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed the offence of..............................................(state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution.
You are hereby summoned to appear before this Court on the.............................................day of..............................................next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 35 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT
(See sections 258, 271 and 278) To the Officer in charge of Jail at.............................................. WHEREAS on the.........................................................................day of ..............................................., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ..............................................of the Calendar for 20 ................................. , was convicted before me.................................................................................(name and official designation) of the offence of..............................................(mention the offence or offences concisely) under section (or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act ...........), and was sentenced to..............................................(state the punishment fully and distinctly).
This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 36 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 273) To the Officer in charge of Jail at.............................................. WHEREAS.....................................................................................(name and description) has brought against..............................................(name and description of the accused person) the complaint that..............................................(mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said.............................................
(name) and the order of dismissal awards payment by the said..............................................(name of complainant) of the sum of rupees..............................................as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of..............................................days, unless the aforesaid sum be sooner paid; This is to authorise and require you to receive the said..............................................(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .......................................................................(term of imprisonment), subject to the provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE
(See section 302) To the Officer in charge of Jail at..............................................
WHEREAS the attendance of..............................................(name of prisoner) at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of..............................................(state shortly the offence charged) or for the purpose of a proceeding..............................................(state shortly the particulars of the proceeding).
You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..............................................................on the.............................................................day of.............................................., 20......... , by..............................................A. M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) Countersigned.
(Seal) (Signature)
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FORM No. 38 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 302) To the Officer in charge of the Jail at.............................................
WHEREAS complaint has been made before this Court that..............................................(name of the accused) of has committed the offence of..............................................(state offence concisely with time and place) and it appears that..............................................(name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence.
You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..................................................................on the.........................................................day of.............................................., 20............, by A. M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) Countersigned.
(Seal) (Signature) ————
FORM No. 39 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED (See section 384) To the Officer in charge of the Jail at..............................................
WHEREAS at a Court held before me on this day..............................................(name and description of the offender) in the presence (or view) of the Court committed wilful contempt.
And whereas for such contempt the said..............................................(name of the offender) has been adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple imprisonment for the period of..............................................(state the number of months or days).
This is to authorise and require you to receive the said..............................................(name of the offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of..............................................(term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 40 MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT
(See section 388) To.............................................. (name and designation of officer of Court)
WHEREAS..............................................(name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for..............................................(term of detention adjudged);
This is to authorise and require you to take the said..............................................(name) into custody, and him safely to keep in your custody for the period of..............................................days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) ————
FORM No. 41 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 407) To the Officer in charge of the Jail at..............................................
WHEREAS at the session held before me on the...................................................................day of.............................................., 20..............................................,..............................................(name of prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ................. of the Calendar for 20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence by the..............................................Court of........................................................................ This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said .......................................................................Court.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 42 WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 427, 453 and 456) To the Officer in charge of the Jail at..............................................
WHEREAS at a Session held on the...............................................................................................day of.............................................., 20.......... , ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session, was convicted of the offence of........................................................................... , punishable under section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to..................... and thereupon committed to your custody; and whereas by the order of the ................................................................ Court of ............................................................. order of the .............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life;
This is to authorise and require you safely to keep the said..............................................(prisoner’s name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and there to carry into execution the punishment of imprisonment under the said order according to law”.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 43 WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See sections 453 and 454) To the Officer in charge of the Jail at..............................................
WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on the..............................................day of .............................................., 20 .............. ,has been by a warrant of the Court, dated the.................... day of .............................................. , committed to your custody under sentence of death; .............................................. and whereas the order of the High Court at ..............................................confirming the said sentence has been received by this Court.
This is to authorise and require you to carry the said sentence into execution by causing the said..............................................to be hanged by the neck until he be dead, at..............................................(time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 44 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 461) To.............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant).
WHEREAS..............................................(name and description of the offender) was on the..............................................day of.............................................., 20......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and whereas the said..............................................(name), although required to pay the said fine, has not paid the same or any part thereof;
This is to authorise and require you to attach any movable property belonging to the said ...................................................................................(name), which may be found within the district of..............................................; and, if within..............................................(state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............. .
(Seal of the Court) (Signature)
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FORM No. 45 WARRANT FOR RECOVERY OF FINE (See section 461) To the Collector of the district of..............................................
WHEREAS.............................................. (name, address and description of the offender) was on the..............................................day of.............................................., 20.......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and
WHEREAS the said..............................................(name), although require to pay the said fine, has not paid the same or any part of thereof;
You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said..............................................(name) and to certify without delay what you have done in pursuance of this order.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 46 BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE [See section 464 (1) (b)] WHEREAS I,..............................................(name) inhabitant of..............................................(place), have been sentenced to pay a fine of rupees..............................................and in default of payment thereof to undergo imprisonment for..............................................; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates), namely:—
I hereby bind myself to appear before the Court of......................................................................... at.............................................. o'clock on the following date (or dates), namely:—
and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees..............................................
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—
We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ..............................................on the following date (or dates), namely:—
And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees...............................................
(Signature)
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FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees.............................
Dated, this.............................................. day of.............................................. , 20 ............ .
(Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court of..............................................on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees...............................
Dated, this.............................................. day of.............................................. , 20 ............ .
(Signature) ————
FORM No. 48 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See section 487) To the Officer in charge of the Jail at.............................................. (or other officer in whose custody the person is)
WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of this Court, dated the..................................................................................day of.............................................. , and has since with his surety (or sureties) duly executed a bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;
This is to authorise and require you forthwith to discharge the said....................................... (name) from your custody, unless he is liable to be detained for some other matter.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 49 WARRANT OF ATTACHMENT TO ENFORCE A BOND (See section 491) To the Police Officer in charge of the police station at..............................................
WHEREAS..............................................(name, description and address of person) has failed to appear on..............................................(mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees..............................................(the penalty in the bond); and whereas the said..............................................(name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;
This is to authorise and require you to attach any movable property of the said ..............................................(name) that you may find within the district of ............................... , by seizure and detention, and, if the said amount be not paid within......................................... , days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 50 NOTICE TO SURETY ON BREACH OF A BOND (See section 491) To .............................................. of ..............................................
WHEREAS on the..............................................day of.............................................. , 20 ........................., you became surety for..............................................(name) of..............................................(place) that he should appear before this Court on the..............................................day of ..............................................and bound yourself in default thereof to forfeit the sum of rupees..................to Government; and whereas the said..............................................(name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees.
You are hereby required to pay the said penalty or show cause, within..............................................days from this date, why payment of the said sum should not be enforced against you.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 51 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491)
To.............................................. of..............................................
WHEREAS on the..............................................day of ............................ , 20................... , you became surety by a bond for..............................................(name) of.............................................. (place) that he would be of good behaviour for the period of..............................................and bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and whereas the said..............................................(name) has been convicted of the offence of.............................................. (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited;
You are hereby required to pay the said penalty of rupees .................... or to show cause within .............................................. days why it should not be paid.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 52 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 491)
To..............................................of..............................................
WHEREAS..............................................(name, description and address) has bound himself as surety for the appearance of .............................................. (mention the condition of the bond) and the said .............................................. (name) has made default, and thereby forfeited to Government the sum of rupees ........................ (the penalty in the bond);
This is to authorise and require you to attach any movable property of the said ................................................................(name) which you may find within .............................................. the district of .............................................. , by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) ————
FORM No. 53 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 491) To the Superintendent (or Keeper) of the Civil Jail at..............................................
WHEREAS..............................................(name and description of surety) has bound himself as a surety for the appearance of.............................................. (state the condition of the bond) and the said..............................................(name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said..............................................(name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the period);
This is to authorise and require you, the said Superintendent (or Keeper) to receive the said..............................................(name) into your custody with the warrant and to keep him safely in the said Jail for the said..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 54 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 491) To..............................................(name, description and address)
WHEREAS on the..............................................day of.............................................., 20................,you entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;
You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me within..............................................days why payment of the same should not be enforced against you.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature) ————
FORM No. 55 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To.............................................. (name and designation of police officer), at the police station of..............................................
WHEREAS..............................................(name and description) did, on the..............................................day of.............................................., 20........................ , enter into a bond for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum;
This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees.............. , which you may find within the district of.............................................., and, if the said sum be not paid within.......................................... , to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 56 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To the Superintendent (or Keeper) of the Civil Jail at..............................................
WHEREAS proof has been given before me and duly recorded that................................(name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas the said..............................................(name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail of the period of..............................................(term of imprisonment);
This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said..............................................(name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 57 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491)
To the Police Officer in charge of the police station at..............................................
WHEREAS ......................................................................(name, description and address) did, on the..............................................day of.............................................., 20.................., give security by bond in the sum of rupees................... for the good behavior of..............................................(name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said..............................................(name) of the offence of ..............................................whereby the said bond has been forfeited; and whereas notice has been given to the said..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum;
This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees......................which you may find within the district of.............................................. , and, if the said sum be not paid within.............................................. , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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FORM No. 58 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491)
To the Superintendent (or Keeper) of the Civil Jail at.............................................
WHEREAS..........................................................................(name, description and address) did, on the .............................................. day of.............................................., 20.................. , give security by bond in the sum of rupees........................for the good behaviour of...................................(name, etc., of the principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said..............................................(name) has forfeited to Government the sum of rupees.................. , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail for the period of..............................................(term of imprisonment);
This is to authorise and require you, the Superintendent (or Keeper), to receive the said..............................................(name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of..............................................(term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.
Dated, this.............................................. day of.............................................. , 20 ............ .
(Seal of the Court) (Signature)
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