Bare Acts

The Code of Criminal Procedure, 1973

1973 · Ministry of Home Affairs · Repealed · synced 04 Jul 2026

⇄ Bharatiya Nagarik Suraksha Sanhita, 2023

1.Short title, extent and commencement 2.Definitions 3.Construction of references 4.Trial of offences under the Indian Penal Code and other laws 5.Saving

II — CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6.Classes of Criminal Courts 7.Territorial divisions 8.Metropolitan areas 9.Court of Session 10.Subordination of Assistant Sessions Judges 11.Courts of Judicial Magistrates 12.Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc 13.Special Judicial Magistrates 14.Local jurisdiction of Judicial Magistrates 15.Subordination of Judicial Magistrates 16.Courts of Metropolitan Magistrates 17.Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate 18.Special Metropolitan Magistrates 19.Subordination of Metropolitan Magistrates 20.Executive Magistrates 21.Special Executive Magistrates 22.Local Jurisdiction of Executive Magistrates 23.Subordination of Executive Magistrates 24.Public Prosecutors 25.Assistant Public prosecutors 25A.Directorate of Prosecution

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26.Courts by which offences are triable 27.Jurisdiction in the case of juveniles 28.Sentences which High Courts and Sessions Judges may pass 29.Sentences which Magistrates may pass 30.Sentence of imprisonment in default of fine 31.Sentence in cases of conviction of several offences at one trial 32.Mode of conferring powers 33.Powers of officers appointed 34.Withdrawal of powers 35.Powers of Judges and Magistrates exercisable by their successors-in-office

36.Powers of superior officers of police 37.Public when to assist Magistrates and police 38.Aid to person, other than police officer, executing warrant 39.Public to give information of certain offences 40.Duty of officers employed in connection with the affairs of a village to make certain report

41.When police may arrest without warrant 41A.Notice of appearance before police officer 41B.Procedure of arrest and duties of officer making arrest 41C.Control room at districts 41D.Right of arrested person to meet an advocate of his choice during interrogation 42.Arrest on refusal to give name and residence 43.Arrest by private person and procedure on such arrest 44.Arrest by Magistrate 45.Protection of members of the Armed Forces from arrest 46.Arrest how made 47.Search of place entered by person sought to be arrested 48.Pursuit of offenders into other jurisdictions 49.No unnecessary restraint 50.Person arrested to be informed of grounds of arrest and of right to bail 50A.Obligation of person making arrest to inform about the arrest, etc., to a nominated person 51.Search of arrested person 52.Power to seize offensive weapons 53.Examination of accused by medical practitioner at the request of police officer 53A.Examination of person accused of rape by medical practitioner 54.Examination of arrested person by medical officer 54A.Identification of person arrested 55.Procedure when police officer deputes subordinate to arrest without warrant 55A.Health and safety of arrested person 56.Person arrested to be taken before Magistrate or officer in charge of police station 57.Person arrested not to be detained more than twenty-four hours 58.Police to report apprehensions 59.Discharge of person apprehended 60.Power, on escape, to pursue and retake 60A.Arrest to be made strictly according to the Code

61.Form of summons 62.Summons how served 63.Service of summons on corporate bodies and societies 64.Service when persons summoned cannot be found 65.Procedure when service cannot be effected as before provided 66.Service on Government servant 67.Service of summons outside local limits 68.Proof of service in such cases and when serving officer not present 69.Service of summons on witness by post 70.Form of warrant of arrest and duration 71.Power to direct security to be taken 72.Warrants to whom directed 73.Warrant may be directed to any person 74.Warrant directed to police officer 75.Notification of substance of warrant 76.Person arrested to be brought before Court without delay 77.Where warrant may be executed 78.Warrant forwarded for execution outside jurisdiction 79.Warrant directed to police officer for execution outside jurisdiction 80.Procedure on arrest of person against whom warrant issued 81.Procedure by Magistrate before whom such person arrested is brought 82.Proclamation for person absconding 83.Attachment of property of person absconding 84.Claims and objections to attachment 85.Release, sale and restoration of attached property 86.Appeal from order rejecting application for restoration of attached property 87.Issue of warrant in lieu of, or in addition to, summons 88.Power to take bond for appearance 89.Arrest on breach of bond for appearance 90.Provisions of this Chapter generally applicable to summonses and warrants of arrest

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91.Summons to produce document or other thing 92.Procedure as to letters and telegrams 93.When search-warrant may be issued 94.Search of place suspected to contain stolen property, forged documents, etc 95.Power to declare certain publications forfeited and to issue search-warrants for the same 96.Application to High Court to set aside declaration of forfeiture 97.Search for persons wrongfully confined 98.Power to compel restoration of abducted females 99.Direction, etc., of search-warrants 100.Persons in charge of closed place to allow search 101.Disposal of things found in search beyond jurisdiction 102.Power of police officer to seize certain property 103.Magistrate may direct search in his presence 104.Power to impound document, etc., produced 105.Reciprocal arrangements regarding processes 105A.Definitions 105B.Assistance in securing transfer of persons 105C.Assistance in relation to orders of attachment or forfeiture of property 105D.Identifying unlawfully acquired property 105E.Seizure or attachment of property 105F.Management of properties seized or forfeited under this Chapter 105G.Notice of forfeiture of property 105H.Forfeiture of property in certain cases 105J.Certain transfers to be null and void 105K.Procedure in respect of letter of request 105L.Application of this Chapter

VIII — SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

106.Security for keeping the peace on conviction 107.Security for keeping the peace in other cases 108.Security for good behaviour from persons disseminating seditious matters 109.Security for good behaviour from suspected persons 110.Security for good behaviour from habitual offenders 111.Order to be made 112.Procedure in respect of person present in Court 113.Summons or warrant in case of person not so present 114.Copy of order to accompany summons or warrant 115.Power to dispense with personal attendance 116.Inquiry as to truth of information 117.Order to give security 118.Discharge of person informed against 119.Commencement of period for which security is required 120.Contents of bond 121.Power to reject sureties 122.Imprisonment in default of security 123.Power to release persons imprisoned for failing to give security 124.Security for unexpired period of bond

125.Order for maintenance of wives, children and parents 126.Procedure 127.Alteration in allowance 128.Enforcement of order of maintenance

129.Dispersal of assembly by use of civil force 130.Use of armed forces to disperse assembly 131.Power of certain armed force officers to disperse assembly 132.Protection against prosecution for acts done under preceding sections 133.Conditional order for removal of nuisance 134.Service or notification of order 135.Person to whom order is addressed to obey or show cause 136.Consequences of his failing to do so 137.Procedure where existence of public right is denied 138.Procedure where he appears to show cause 139.Power of Magistrate to direct local investigation and examination of an expert 140.Power of Magistrate to furnish written instructions, etc 141.Procedure on order being made absolute and consequences of disobedience 142.Injunction pending inquiry 143.Magistrate may prohibit repetition or continuance of public nuisance 144.Power to issue order in urgent cases of nuisance or apprehended danger 144A.Power to prohibit carrying arms in procession or mass drill or mass training with arms 145.Procedure where dispute concerning land or water is likely to cause breach of peace 146.Power to attach subject of dispute and to appoint receiver 147.Dispute concerning right of use of land or water 148.Local inquiry

XI — PREVENTIVE ACTION OF THE POLICE

149.Police to prevent cognizable offences 150.Information of design to commit cognizable offences 151.Arrest to prevent the commission of cognizable offences 152.Prevention of injury to public property 153.Inspection of weights and measures

XII — INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

154.Information in cognizable cases 155.Information as to non-cognizable cases and investigation of such cases 156.Police officer’s power to investigate cognizable case 157.Procedure for investigation 158.Report how submitted 159.Power to hold investigation or preliminary inquiry 160.Police officer’s power to require attendance of witnesses 161.Examination of witnesses by police 162.Statements to police not to be signed: Use of statements in evidence 163.No inducement to be offered 164.Recording of confessions and statements 164A.Medical examination of the victim of rape 165.Search by police officer 166.When officer in charge of police station may require another to issue search-warrant 166A.Letter of request to competent authority for investigation in a country or place outside India 166B.Letter of request from a country or place outside India to a Court or an authority for investigation in India 167.Procedure when investigation cannot be completed in twenty-four hours 168.Report of investigation by subordinate police officer 169.Release of accused when evidence deficient 170.Cases to be sent to Magistrate, when evidence is sufficient 171.Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint 172.Diary of proceedings in investigation 173.Report of police officer on completion of investigation 174.Police to enquire and report on suicide, etc 175.Power to summon persons 176.Inquiry by Magistrate into cause of death

XIII — JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

177.Ordinary place of inquiry and trial 178.Place of inquiry or trial 179.Offence triable where act is done or consequence ensues 180.Place of trial where act is an offence by reason of relation to other offence 181.Place of trial in case of certain offences 182.Offences committed by letters, etc 183.Offence committed on journey or voyage 184.Place of trial for offences triable together 185.Power to order cases to be tried in different sessions divisions 186.High Court to decide, in case of doubt, district where inquiry or trial shall take place 187.Power to issue summons or warrant for offence committed beyond local jurisdiction 188.Offence committed outside India 189.Receipt of evidence relating to offences committed outside India

XIV — CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

190.Cognizance of offences by Magistrates 191.Transfer on application of the accused 192.Making over of cases to Magistrates 193.Cognizance of offences by Courts of Session 194.Additional and Assistant Sessions Judges to try cases made over to them 195.Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 195A.Procedure for witnesses in case of threatening, etc 196.Prosecution for offences against the State and for criminal conspiracy to commit such offence 197.Prosecution of Judges and public servants 198.Prosecution for offences against marriage 198A.Prosecution of offences under section 498A of the Indian Penal Code 198B.Cognizance of offence 199.Prosecution for defamation

XV — COMPLAINTS TO MAGISTRATES

200.Examination of complainant 201.Procedure by Magistrate not competent to take cognizance of the case 202.Postponement of issue of process 203.Dismissal of complaint

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204.Issue of process 205.Magistrate may dispense with personal attendance of accused 206.Special summons in cases of petty offence 207.Supply to the accused of copy of police report and other documents 208.Supply of copies of statements and documents to accused in other cases triable by Court of Session 209.Commitment of case to Court of Session when offence is triable exclusively by it 210.Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

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211.Contents of charge 212.Particulars as to time, place and person 213.When manner of committing offence must be stated 214.Words in charge taken in sense of law under which offence is punishable 215.Effect of errors 216.Court may alter charge 217.Recall of witnesses when charge altered 218.Separate charges for distinct offences 219.Three offences of same kind within year may be charged together 220.Trial for more than one offence 221.Where it is doubtful what offence has been committed 222.When offence proved included in offence charged 223.What persons may be charged jointly 224.Withdrawal of remaining charges on conviction on one of several charges

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225.Trial to be conducted by Public Prosecutor 226.Opening case for prosecution 227.Discharge 228.Framing of charge 229.Conviction on plea of guilty 230.Date for prosecution evidence 231.Evidence for prosecution 232.Acquittal 233.Entering upon defence 234.Arguments 235.Judgment of acquittal or conviction 236.Previous conviction 237.Procedure in cases instituted under section 199(2)

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238.Compliance with section 207 239.When accused shall be discharged 240.Framing of charge 241.Conviction on plea of guilty 242.Evidence for prosecution 243.Evidence for defence 244.Evidence for prosecution 245.When accused shall be discharged 246.Procedure where accused is not discharged 247.Evidence for defence 248.Acquittal or conviction 249.Absence of complainant 250.Compensation for accusation without reasonable cause

XX — TRIAL OF SUMMONS-CASES BY MAGISTRATES

251.Substance of accusation to be stated 252.Conviction on plea of guilty 253.Conviction on plea of guilty in absence of accused in petty cases 254.Procedure when not convicted 255.Acquittal or conviction 256.Non-appearance or death of complainant 257.Withdrawal of complaint 258.Power to stop proceedings in certain cases 259.Power of Court to convert summons-cases into warrant-cases

XXI — SUMMARY TRIALS

260.Power to try summarily 261.Summary trial by Magistrate of the second class 262.Procedure for summary trials 263.Record in summary trials 264.Judgment in cases tried summarily 265.Language of record and judgment 265A.Application of the Chapter 265B.Application for plea bargaining 265C.Guidelines for mutually satisfactory disposition 265D.Report of the mutually satisfactory disposition to be submitted before the Court 265E.Disposal of the case 265F.Judgment of the Court 265G.Finality of the judgment 265H.Power of the Court in plea bargaining 265J.Savings 265K.Statements of accused not to be used 265L.Non-application of the Chapter

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266.Definitions 267.Power to require attendance of prisoners 268.Power of State Government to exclude certain persons from operation of section 267 269.Officer in charge of prison to abstain from carrying out order in certain contingencies 270.Prisoner to be brought to Court in custody 271.Power to issue commission for examination of witness in prison

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272.Language of Courts 273.Evidence to be taken in presence of accused

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274.Record in summons-cases and inquiries 275.Record in warrant-cases 276.Record in trial before Court of Session 277.Language of record of evidence 278.Procedure in regard to such evidence when completed 279.Interpretation of evidence to accused or his pleader 280.Remarks respecting demeanour of witness 281.Record of examination of accused 282.Interpreter to be bound to interpret truthfully 283.Record in High Court 284.When attendance of witness may be dispensed with and commission issued 285.Commission to whom to be issued 286.Execution of commissions 287.Parties may examine witnesses 288.Return of commission 289.Adjournment of proceeding 290.Execution of foreign commissions 291.Deposition of medical witness 291A.Identification report of Magistrate 292.Evidence of officers of the Mint 293.Reports of certain Government scientific experts 294.No formal proof of certain documents 295.Affidavit in proof of conduct of public servants 296.Evidence of formal character on affidavit 297.Authorities before whom affidavits may be sworn 298.Previous conviction or acquittal how proved 299.Record of evidence in absence of accused

XXIV — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

300.Person once convicted or acquitted not to be tried for same offence 301.Appearance by Public Prosecutors 302.Permission to conduct prosecution 303.Right of person against whom proceedings are instituted to be defended 304.Legal aid to accused at State expense in certain cases 305.Procedure when corporation or registered society is an accused 306.Tender of pardon to accomplice 307.Power to direct tender of pardon 308.Trial of person not complying with conditions of pardon 309.Power to postpone or adjourn proceedings 310.Local inspection 311.Power to summon material witness, or examine person present 311A.Power of Magistrate to order person to give specimen signatures or handwriting 312.Expenses of complainants and witnesses 313.Power to examine the accused 314.Oral arguments and memorandum of arguments 315.Accused person to be competent witness 316.No influence to be used to induce disclosure 317.Provision for inquiries and trial being held in the absence of accused in certain cases 318.Procedure where accused does not understand proceedings 319.Power to proceed against other persons appearing to be guilty of offence 320.Compounding of offences 321.Withdrawal from prosecution 322.Procedure in cases which Magistrate cannot dispose of 323.Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed 324.Trial of persons previously convicted of offences against coinage, stamp-law or property 325.Procedure when Magistrate cannot pass sentence sufficiently severe 326.Conviction or commitment on evidence partly recorded by one Magistrate and partly by another 327.Court to be open

XXV — PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

328.Procedure in case of accused being lunatic 329.Procedure in case of person of unsound mind tried before Court 330.Release of person of unsound mind pending investigation or trial 331.Resumption of inquiry or trial 332.Procedure on accused appearing before Magistrate or Court 333.When accused appears to have been of sound mind 334.Judgment of acquittal on ground of unsoundness of mind 335.Person acquitted on such ground to be detained in safe custody 336.Power of State Government to empower officer-in-charge to discharge 337.Procedure where lunatic prisoner is reported capable of making his defence 338.Procedure where lunatic detained is declared fit to be released 339.Delivery of lunatic to care of relative or friend

XXVI — PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

340.Procedure in cases mentioned in section 195 341.Appeal 342.Power to order costs 343.Procedure of Magistrate taking cognizance 344.Summary procedure for trial for giving false evidence 345.Procedure in certain cases of contempt 346.Procedure where Court considers that case should not be dealt with under section 345 347.When Registrar or Sub-Registrar to be deemed a Civil Court 348.Discharge of offender on submission of apology 349.Imprisonment or committal of person refusing to answer or produce document 350.Summary procedure for punishment for non-attendance by a witness in obedience to summons 351.Appeals from convictions under sections 344, 345, 349 and 350 352.Certain Judges and Magistrates not to try certain offences when committed before themselves

XXVII — THE JUDGMENT

353.Judgment 354.Language and contents of judgment 355.Metropolitan Magistrate's judgment 356.Order for notifying address of previously convicted offender 357.Order to pay compensation 357A.Victim compensation scheme 357B.Compensation to be in addition to fine under section 326A or section 376D of Indian Penal 357C.Treatment of victims 358.Compensation to persons groundlessly arrested 359.Order to pay costs in non-cognizable cases 360.Order to release on probation of good conduct or after admonition 361.Special reasons to be recorded in certain cases 362.Court not to alter judgment 363.Copy of judgment to be given to the accused and other persons 364.Judgment when to be translated 365.Court of Session to send copy of finding and sentence to District Magistrate

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366.Sentence of death to be submitted by Court of Session for confirmation 367.Power to direct further inquiry to be made or additional evidence to be taken 368.Power of High Court to confirm sentence or annul conviction 369.Confirmation or new sentence to be signed by two Judges 370.Procedure in case of difference of opinion 371.Procedure in cases submitted to High Court for confirmation

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372.No appeal to lie unless otherwise provided 373.Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour 374.Appeals from convictions 375.No appeal in certain cases when accused pleads guilty 376.No appeal in petty cases 377.Appeal by the State Government against sentence 378.Appeal in case of acquittal 379.Appeal against conviction by High Court in certain cases 380.Special right of appeal in certain cases 381.Appeal to Court of Session how heard 382.Petition of appeal 383.Procedure when appellant in jail 384.Summary dismissal of appeal 385.Procedure for hearing appeals not dismissed summarily 386.Powers of the Appellate Court 387.Judgments of Subordinate Appellate Court 388.Order of High Court on appeal to be certified to lower Court 389.Suspension of sentence pending the appeal; release of appellant on bail 390.Arrest of accused in appeal from acquittal 391.Appellate Court may take further evidence or direct it to be taken 392.Procedure where Judges of Court of Appeal are equally divided 393.Finality of judgments and orders on appeal 394.Abatement of appeals

XXX — REFERENCE AND REVISION

395.Reference to High Court 396.Disposal of case according to decision of High Court 397.Calling for records to exercise powers of revision 398.Power to order inquiry 399.Sessions Judge's powers of revision 400.Power of Additional Sessions Judge 401.High Court's powers of revision 402.Power of High Court to withdraw or transfer revision cases 403.Option of Court to hear parties 404.Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court 405.High Court's order to be certified to lower Court

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406.Power of Supreme Court to transfer cases and appeals 407.Power of High Court to transfer cases and appeals 408.Power of Sessions Judge to transfer cases and appeals 409.Withdrawal of cases and appeals by Session Judge 410.Withdrawal of cases by Judicial Magistrate 411.Making over or withdrawal of cases by Executive Magistrates 412.Reasons to be recorded

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413.Execution of order passed under section 368 414.Execution of sentence of death passed by High Court 415.Postponement of execution of sentence of death in case of appeal to Supreme Court 416.Postponement of capital sentence on pregnant woman 417.Power to appoint place of imprisonment 418.Execution of sentence of imprisonment 419.Direction of warrant for execution 420.Warrant with whom to be lodged 421.Warrant for levy of fine 422.Effect of such warrant 423.Warrant for levy of fine issued by a Court in any territory to which this Code does not extend 424.Suspension of execution of sentence of imprisonment 425.Who may issue warrant 426.Sentence on escaped convict when to take effect 427.Sentence on offender already sentenced for another offence 428.Period of detention undergone by the accused to be set off against the sentence of imprisonment 429.Saving 430.Return of warrant on execution of sentence 431.Money ordered to be paid recoverable as a fine 432.Power to suspend or remit sentences 433.Power to commute sentence 433A.Restriction on powers of remission or commutation in certain cases 434.Concurrent power of Central Government in case of death sentences 435.State Government to act after consultation with Central Government in certain cases

XXXIII — PROVISIONS AS TO BAIL AND BONDS

436.In what cases bail to be taken 436A.Maximum period for which an undertrial prisoner can be detained 437.When bail may be taken in case of non-bailable offence 437A.Bail to require accused to appear before next appellate Court 438.Direction for grant of bail to person apprehending arrest 439.Special powers of High Court or Court of Session regarding bail 440.Amount of bond and reduction thereof 441.Bond of accused and sureties 441A.Declaration by sureties 442.Discharge from custody 443.Power to order sufficient bail when that first taken is insufficient 444.Discharge of sureties 445.Deposit instead of recognizance 446.Procedure when bond has been forfeited 446A.Cancellation of bond and bail bond 447.Procedure in case of insolvency of death of surety or when a bond is forfeited 448.Bond required from minor 449.Appeal from orders under section 446 450.Power to direct levy of amount due on certain recognizances

XXXIV — DISPOSAL OF PROPERTY

451.Order for custody and disposal of property pending trial in certain cases 452.Order for disposal of property at conclusion of trial 453.Payment to innocent purchaser of money found on accused 454.Appeal against orders under section 452 or section 453 455.Destruction of libellous and other matter 456.Power to restore possession of immovable property 457.Procedure by police upon seizure of property 458.Procedure where no claimant appears within six months 459.Power to sell perishable property

XXXV — IRREGULAR PROCEEDINGS

460.Irregularities which do not vitiate proceedings 461.Irregularities which vitiate proceedings 462.Proceedings in wrong place 463.Non-compliance with provisions of section 164 or section 281 464.Effect of omission to frame, or absence of, or error in, charge 465.Finding or sentence when reversible by reason of error, omission or irregularity 466.Defect or error not to make attachment unlawful

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467.Definitions 468.Bar to taking cognizance after lapse of the period of limitation 469.Commencement of the period of limitation 470.Exclusion of time in certain cases 471.Exclusion of date on which Court is closed 472.Continuing offence 473.Extension of period of limitation in certain cases

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474.Trials before High Courts 475.Delivery to commanding officers of persons liable to be tried by Court-martial 476.Forms 477.Power of High Court to make rules 478.Power to alter functions allocated to Executive Magistrate in certain cases 479.Case in which Judge or Magistrate is personally interested 480.Practising pleader not to sit as Magistrate in certain Courts 481.Public servant concerned in sale not to purchase or bid for property 482.Saving of inherent powers of High Court 483.Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates 484.Repeal and savings

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