The Code of Criminal Procedure (Act X of 1882): Together with Rulings, Circular Orders, Notifications, Etc. ...

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Thacker, Spink, 1882 - Criminal procedure - 698 pages
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Contents

Power to frame rules for guidance of Benches 17 Subordination of Magistrates and Benches to District Magistrate to Subdivisional Magistrate Subord...
16
Bombay Court of Petty Sessions 21 Chief Magistrate
17
E Justices of the Peace 22 Justices of the Peace for the Mufassal 23 Justices of the Peace for the Presidencytowns 24 Present Justices of the Peace
18
Exofficio J ustices of the Peuce F Suspension and Removal 26 Suspension and removal of Judges and Magistrates 27 Suspension and removal of Just...
19
OfFences under Penal Code 29 Offences under other laws 30 Offences not punishable with death
20
B Sentences which may be passed by Courts of various Classes 31 Sentences which High Courts and Sessions Judges may pass 3i Sentences which Ma...
21
Power of Magistrates to sentence to imprisonment in default of fine Proviso as to certain cases
22
Higher powers of certain District Magistrates 35 Sentence in cases of conviction of several offences at one trial Maximum term of punishment
24
Ordinary and Additional Powers
25
Ordinary powers of Magistrates 37 Additional powers conferrible on Magistrates 38 Control of District Magistrates investing power 13 Conferment ...
26
CHAPTER IV
27
Continuance of powers of officers transferred
40
Powers may be cancelled
41
Search of place entered by person sought to be arrested
47
Power to seize offensive weapons
53
Arrest by private persons
59
E Miscellaneous 104 Power to impound document c produced 105 Magistrate uiay direct search in his presence PART IV
62
Arrest by or in presence of Magistrate
65
Security for keeping the pence in other cases 108 Procedure of Magistrate c not empowered to act under section 107
67
Service when person summoned cannot be found
70
Procedure wlien receipt cannot be obtained
71
Service on servant of Government or of Railway Company
72
Service of summons outside local limits
73
Proof of service in such cases und when serving officer not present
74
Form of warrant of arrest Continuance of warrant of arrest
75
Court may direct security to be taken Recognizance to be forwarded
76
Warrants to whom directed Warrant to several persons
77
Use of military force
78
Warrant may be directed to landholders
79
Notification of substance of warrant
80
Person arrested to be brought before Court without delay
81
Where warrant may be executed
82
Warrant forwarded to Magistrate for execution outside jurisdiction
83
Warrant directed to Policeofficer for execution outside jurisdiction
84
Procedure on arrest of person against whom warrant issued
85
Procedure by Magistrate before whom person arrested is biought
86
Proclamation for person absconding
87
Attachment of property of person absconding
88
Restoration of attached property D Other rules regarding Processes
89
Issue of warrant in lieu of or in addition to summons
90
Power to take bond for appearance
91
Arrest on breach of bond for appearance
92
Provisions in this chapter generally applicable to summonses and warrants of arrest
93
CHAPTER VII
94
Procedure as to letters and telegrams B Searchwarrants
95
When searchwarrant may be issued
96
Power to restrict warrant
97
Search of house suspected to contain stolen property forced document
98
Disposal of things found in search beyond jurisdiction
99
Power to attach subject of dispute
101
Duty of officer commanding troops required by Magistrate to disperse assembly
130
Power of Commissioned Military officers to disperse assembly
131
Protection aguiust prosecution for acts done uuder this chapter
132
Police to prevent cognizable ofTences
149
Cognizance of oflences by High Conrt
156
PART V
157
CHAPTER XVI
163
PART VI
176
CHAPTER XIX
178
Being a thug or belonging to a gang of dacoits escape from custody
184
CHAPTER XXI
195
Process for compelling production of evidence at instance of accused
202
Procedure in inquiries preparatory to commitment
207
CHAPTER XXIII
208
Order of commitment
213
Names of jurors to be called Objection to jurors Objection without grounds stated 278 Grounds of objection 279 Decision of objection Supply of pla...
214
Foreman of jury 281 Swearing of jurors
215
Procedure when juror ceases to attend
216
Where it is doubtful what offence has been committed
236
K List of Jurors and Assessors for Court of Session and summoning Jurors
237
CHAPTER XXIV
243
Opening ease for prosecution Examination of witnesses
244
Procedure where accused does not understand proceedings
249
CHAPTER XX
257
High Court defined
266
SECTIONS
273
Examination of accused before Magistrate to be evidence
287
Evidence given at preliminary inquiry admissible
288
Procedure after examination of witnesses for prosecution
289
Defence
290
Right of accused as to examination and summoning of witnesses
291
Prosecutors right of reply
292
View by jury or assessors
293
When juror or assessor may be examined
294
Jury or assessors to attend at adjourned sitting
295
Lockiugup jury F Conclusion of Trial in Cases tried by Jury
296
Charge to jury
297
Duty of Judge
298
Duty of jury
299
Retirement to consider
300
Delivery of verdict
301
Procedure where jury differ
302
Verdict to be given on each charge Judge may question jury Questions and answers to be recorded
303
Amending verdict
304
Verdict in High Court when to prevail Discharge of jury in other cases
305
Verdict in Court of Session when to prevail
306
Procedure where Sessions Judge disagrees with verdict G lietrial of Accused after Discharge of Jury
307
Procedure of Provincial Magistrate in cases which he cannot dispone
346
CHAPTER XXXVI
355
Procedure in summonscases
356
Effect of withdrawal from prosecutiun
362
CHAPTER XXVI
366
Judgment when to be translated
372
Procedure in case of difference of opinion
378
CHAPTER XIV
386
Unless otherwise provided no appeal to
404
4C9 Appeals to Court of Session how heard
410
Court of Session
414
CHAPTER XXVIII
417
Powers of Appellate Court in disposing of appeal
423
Judgments of subordinate Appellate Courts
424
Disposal of case according to decision of High Court Direction as to costs
433
Power to reserve questions arising in original jurisdiction of High Court Procedure when question reserved
434
Power to call for records of inferior Courts
435
Power to order commitment
436
Power to order inquiry
437
Report to High Court
438
High Courts powers of revision
439
Optional with Court to hear parties
440
Statement by Presidency Magistrate of grounds of his decision to be con sidered by High Court
441
High Courts order to be certified to lower Court or Magistrate
442
Magistrates who may inquire into and try charges against European British subjects
443
Sessions Judge to be an European British subject Assistant Sessions Judge to have held office for three years and to be spe cially empowered
444
Cognizance of offence committed by European British subject
445
Sentences which may be passed by Provincial Magistrates
446
When commitment is to be to Court of Session and when to High Court
447
Trial of offences of which one is and the others are not punishable with
448
Sentences which may be passed hy Court of Session Procedure when Sessions Judge finds his powers inadequate
449
Procedure when Sessions Judge is not an Europeaii British subject
450
Mixed jury for trial of European British subjects
451
Trial of European British subject and Native jointly accused When Native may claim separate trial
452
Procedure on claim of person to be dealt with as European British suhject
453
Failure to plead status a waiver
454
Trial under this chapter of person not an European British subject
455
Right of European British subject unlawfully detained to apply for order to be brought before High Court
456
Procedure on such application
457
Territories throughout which High Court may issue such orders
458
Application of Acts conferring jurisdiction on Magistrates or Courts of Session
459
Jury for trial of Europeans or Americans 461 Jury when European or American charged jointly with one of another race 462 Summoning and empa...
460
Procedure in case of accused being lunatic
464
Procedure in case of person committed before Court of Session or High Court being lunatic
465
Release of lunatic pending investigation or trial Custody of lunatic
466
Resumption of inquiry or trial
467
Procedure on accused appearing before Magistrate or Court
468
When accused appears to have been insane
469
Judgment of acquittal on ground of lunacy
470
Person acquitted on such ground to be kept in safe custody
471
Lunatic prisoners to be visited by Inspector General
472
Procedure where lunatic prisoner is reported capable of making his defence
473
death or transportation for life
474
Delivery of lunatic to care of relative CHAPTER XXXV
475
Procedure in cases mentioned in section 195
477
Power of Civil and Revenue Courts to complete investigation aud commit to High Court or Court of Session
478
Procedure of Civil Court in such cases
479
Procedure in certain cases of contempt 481 Record in such cases 482 Procedure where Court considers that case should not be dealt with under section
480
When Registrar or SubRegistrar to be deemed a Civil Court within sections 480 and
482
Discharge of ofleuder ou submission or apology
484
Bail to be taken in case of bailable offence
496
Commission in case of witnesses being within Presidencytown
504
505 Parties may examine witness
505
Power of Provincial Subordinate Magistrate to apply for issue of commission
506
Keturn of commission
507
Adjournment of inquiry or trial
508
Deposition of medical witness Power to summon medical witness
509
Report of Chemical Examiner
510
Previous conviction or acquittal how proved
511
Record of evidence in ubsence of accused CHAPTER XLII
512
13 Deposit instead of recognizance 514 Procedure on forfeiture of bond 515 Appeals from and revision of orders under section
514
Power to direct levy of amount due on certain recognizances CHAPTER XLIII
516
Order for disposal of property regarding which offence committed 518 Order may take form of reference to District or SubDivisional Magistrate
518
Payment to innocent purchaser of money found on accused 520 Stay of order under section 517 518 or
519
Destruction of libellous and other matter
521
Power to restore possession of immoveable property
522
Procedure by police upon seizure of property taken under section 51 or stolen
523
Procedure where no claimant appears within six months
524
Power to sell perishable property CHAPTER XLIV
525
High Court may transfer case or itself try it Notice to Public Prosecutor of application under this section
526
Power of Governor General in Council to transfer criminal cases and appeals
527
District or SubDivisional Magistrate may withdraw or refer cases Power to authorize District Magistrate to withdraw classes of cases
528
Irregularities which do not vitiate proceedings
529
Irregularities which vitiate proceedings
530
Proceedings in wrong place
531
When irregular commitments may be validated
532
Noncompliance with provisions of section 164 or 364
535
Trial by jury of offence triable with assessors Trial with assessors of offence triable by jury
536
Finding or sentence when reversible by reason of error or omission in charge or other proceedings
537
Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings CHAPTER XLVI
538
Courts and persons before whom affidavits may be sworn
539
Power to summon material witness or examine person present
540
Power to appoint place of imprisonment
541
Power of Presidency Magistrate to order prisoner in jail to be brought up for examination
542
Interpreter to be bound to interpret truthfully
543
Expenses of complainants and witnesses
544
Power of Court to pay expenses or compensation out of fine
545
Payments to be taken into account in subsequent suit
546
Moneys ordered to be paid recoverable as fines
547
Copies of proceedings
548
Delivery to Military authorities of persons liable to be tried by Court Martial
549
Discovery of Persons wrongfully confined
550
Power to compel restoration of abducted females
551
Compensation to person groundlessly given in charge in Presidencytown
552
Power of chartered High Courts to make rules for inspection of records of subordinate Courts
553
Forms
554
Case in which Judge or Magistrate is personally interested
555
Power to decide language of Courts
556
Powers of GovernorGeneral in Council and Local Government exercisable from time to time
557
Power to order sufficient bail when that first taken is insufficient
601
Delivery of opinions of assessors
610
Discharge of sureties
612
Judgment
616
Commencement of trial
620
Detention of offenders attending Court
626
Refusal to plead or claim to be tried
642
Information in cognizable cases
644
Place of inquiry or trial where scene of ofience is uncertain
650
Number of jury
654
Pending cases
663
Offences against Railway Telegraph PostOffice and Arms Acts
664
Execution of order passed under section 376
666
Summons how served
689
SCHEDULES
13
HI Ordinary powers of Provincial Magistrates IV Additional powers with which Provincial Magistrates may be invested V Forms
14

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