CHAPTER I - PRELIMINARY
1. Short title, extent and commencement
(1)
This Act may be called the Code of Criminal Procedure, 1973
(2)
It extends to the whole of India except the State of Jammu and Kashmir:
Provided
that the provisions of this Code, other than those relating to Chapters VIII, X
and XI
thereof,
shall not apply—
(a)
to the State of Nagaland,
(b)
to the tribal areas, but the concerned State Government may, by notification
apply
such
provisions or any of them to the whole or part of the State of Nagaland or such
tribal
areas,
as the case may be, with such supplemental, incidental or consequential
modifications,
as may be specified in the notification
Explanation—In this section,
"tribal areas" means the territories which immediately before the
21st
day of January, 1972, were included in the tribal areas of Assam, as referred
to in paragraph
20
of the Sixth Schedule to the Constitution, other than those within the local
limits of the
municipality
of Shillong
(3)
It shall come into force on the Ist day of April, 1974
2. Definitions
In
this Code, unless the context otherwise requires, —
(a)
"bailable offence" means an offence which is shown as bailable in the First
Schedule, or
which
is made bailable by any other law for the time being in force; and "non-bailable offence"
means
any other offence;
(b)
"charge" includes any head of charge when the charge contains more
heads than one:
(c)
"cognizable offence" means an offence for which, and "cognizable case"
means
a case in which, a police officer may, in accordance with the First Schedule or
under any
other
law for the time being in force, arrest without warrant;
(d)
"complaint" means any allegation made orally or in writing to a
Magistrate, with a view to
his
taking action under this Code, that some person, whether known or unknown, has
committed
an
offence, but does not include a police report
Explanation— A report made by a
police officer in a case which discloses, after investigation,
the
commission of a non-cognizable offence shall be deemed to be a complaint; and
the police
officer
by whom such report is made shall be deemed to be the complainant;
(e)
"High Court" means,—
(i)
in relation to any State, the High Court for that State;
(ii)
in relation to a Union territory to which the jurisdiction of the High Court
for a State
has
been extended by law, that High Court;
(iii)
in relation to any other Union territory, the highest Court of criminal appeal
for that
territory
other than the Supreme Court of India;
(f)
"India" means the territories to which this Code extends;
(g)
"inquiry" means every inquiry, other than a trial, conducted under
this Code by a Magistrate
or
Court;
(h)
"investigation" includes all the proceedings under this Code for the
collection of evidence
conducted
by a police officer or by any person (other than a Magistrate) who is
authorised by a
Magistrate
in this behalf;
(i)
"judicial proceeding" includes any proceeding in the course of which evidence is
or may be
legally
taken on oath;
(j)
"local jurisdiction", in relation to a Court or Magistrate, means the local area
within which
the
Court or Magistrate may exercise all or any of its or his powers under this
Code and such
local
area may comprise the whole of the State, or any part of the State, as the
State Government
may,
by notification, specify;
(k)
"metropolitan area" means the area declared, or deemed to be declared, under
section 8, to
be
a metropolitan area;
(l)
"non-cognizable offence" means an offence for which, and "non-cognizable
case" means a
case
in which, a police officer has no authority to arrest without warrant;
(m)
"notification" means a notification published in the Official Gazette;
(n)
"offence" means any act or omission made punishable by any law for
the time being in force
and
includes any act in respect of which a complaint may be made under section 20
of the Cattletrespass
Act,
1871 (1 of 1871);
(o)
"officer in charge of a police
station" includes, when the officer
in charge of the police
station
is absent from the station-house or unable from illness or other cause to
perform his
duties,
the police officer present at the station-house who is next in rank to such
officer and is
above
the rank of constable or, when, the State Government so directs, any other
police officer
so
present;
(p)
"place" includes a house, building, tent, vehicle and vessel;
(q)
"pleader", when used with reference to any proceeding in any Court,
means a person
authorised
by or under any law for the time being in force, to practice in such Court, and
includes
any
other appointed with the permission of the Court to act in such proceeding;
(r)
"police report" means a report forwarded by a police officer to a
Magistrate under subsection
(2)
of section 173;
(s)
"police station" means any post or place declared generally or specially by
the State
Government,
to be a police station, and includes any local area specified by the State
Government
in this behalf;
(t)
"prescribed" means prescribed by rules made under this Code;
(u)
"Public Prosecutor" means any person appointed under section 24, and includes
any person
acting
under the directions of a Public Prosecutor;
(v)
"sub-division" means a sub-division of a district;
(w)
"summons-case" means a case relating to an offence, and not being a
warrant-case;
(x)
"warrant-case" means a case relating to an offence punishable with death,
imprisonment for
life
or imprisonment for a term exceeding two years;
(y)
words and expressions used herein and not defined but defined in the Indian
Penal Code (45
of
1860) have the meanings respectively assigned to them in that Code
Comments
(i)
A Deputy Government Advocate of Rajasthan being a Public Prosecutor is
competent to
present
an appeal to High Court from order of acquittal; State of Rajasthan v Smt Mabhar Sheo
Karan and Kalyan, (1981) SC
Cr R 301;
(ii)
The expression "Judicial proceeding" defined in clause (i) of section 2 includes any
proceeding
in the course of which evidence is or may be legally taken on oath The law does
not
prescribe
any particular method of presentation of challan, namely, that it should be
presented by
any
police official When the challan was presented before the Court, who was acting
as a
Judicial
Magistrate at that time, the first step in the judicial proceeding was sitting
in judicial
proceeding;
Shrichand v State of Madhya Pradesh, (1993)
Cr LJ 495
3. Construction of references
(1)
In this Code,—
(a)
any reference, without any qualifying words, to a Magistrate shall be
construed, unless the
context
otherwise requires,—
(i)
in relation to an area outside a metropolitan area, as a reference to a
Judicial
Magistrate;
(ii)
in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(b)
any reference to a Magistrate of the second class shall, in relation to an area
outside a
metropolitan
area, be construed as a reference to a Judicial Magistrate of the second class,
and, in
relation
to a Metropolitan area, as a reference to a Metropolitan Magistrate;
(c)
any reference to a Magistrate of the first class shall,—
(i)
in relation to a Metropolitan area, be construed as a reference to a
Metropolitan
Magistrate
exercising jurisdiction in that area;
(ii)
in relation to any other area, be construed as a reference to a Judicial
Magistrate of the
first
class exercising jurisdiction in that area;
(d)
any reference to the Chief Judicial Magistrate shall, in relation to a
Metropolitan area, be
construed
as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in
that area
(2)
In this Code, unless the context otherwise requires, any reference to the Court
of a Judicial
Magistrate
shall, in relation to a Metropolitan area, be construed as a reference to the
Court of
the
Metropolitan Magistrate for that area
(3)
Unless the context otherwise requires, any reference in any enactment passed
before the
commencement
of this Code,—
(a)
to a Magistrate of the first class, shall be construed as a reference to a
Judicial
Magistrate
of the first class;
(b)
to a Magistrate of the second class or of the third class, shall be construed
as a
reference
to a Judicial Magistrate of the second class;
(c)
to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed
as a
reference,
respectively, to a Metropolitan magistrate or the Chief Metropolitan
Magistrate;
(d)
to any area which is included in a metropolitan area, as a reference to such
metropolitan
area, and any reference to a Magistrate of the first class or of the second
class
in relation to such area, shall be construed as a reference to the Metropolitan
Magistrate
exercising jurisdiction in such area.
(4)
Where, under any law, other than this Code, the functions exercisable by a
Magistrate relate
to
matters—
(a)
which involve the appreciation or shifting of evidence or the formulation of
any decision
which
exposes any person to any punishment or penalty or detention in custody pending
investigation,
inquiry or trial or would have the effect of sending him for trial before any
Court,
they
shall, subject to the provisions of this Code, be exercisable by a Judicial
Magistrate; or
(b)
which are administrative or executive in nature, such as, the granting of a
licence, the
suspension
or cancellation of a licence, sanctioning a prosecution or withdrawing from a
prosecution,
they shall, subject as aforesaid, be exercisable by an Executive Magistrate .
STATE AMENDMENTS
Andaman and Nicobar Islands (UT)
(1)
After section 3, the following section shall be inserted, namely: —
"3-A Special provision relating to Andaman and Nicobar Islands—(I) Reference in this Code to:
(a)
The Chief Judicial Magistrate shall be construed as references to the District
Magistrate
or, where the State Government so directs, also to the Additional District
Magistrate;
(b)
a Magistrate or Magistrate of the first class or of the second class or
Judicial
Magistrate
of the first class or of the second class, shall be construed as references to
such
Executive Magistrate as the State Government may, be notification in the
Official
Gazette,
specify.
(2)
The State Government may, if it is of opinion that adequate number of persons
are available
for
appointment as Judicial Magistrate, by notification in the Official Gazette,
declare that the
provisions
of this section shall, on and from such day as may be specified in the
notification,
cease
to be in force and different dates may be specified for different islands.
(3)
On the cesser of operation of the provisions of this section every inquiry or
trial pending,
immediately
before such cesser, before the District Magistrate or Additional District
Magistrate
or
any Executive Magistrate, as the case may be, shall stand transferred, and
shall be dealt with,
from
the stage which was reached before, such cesser, by such Judicial Magistrate as
the State
Government
may specify in this behalf".
[Regulation
1 of 1974, sec 3 (wef 30-3-1974)
Arunachal Pradesh and Mizoram:
After
sub-section (4), the following sub-section shall be inserted, namely:—
"(5)
Notwithstanding anything contained in the foregoing provisions of this section,—
(i)
any reference in such of the provisions of this Code, as applied to the Union
territories of
Arunachal
Pradesh and Mizoram, to the Courts mentioned in Column (1) of the Table below
shall,
until the Courts of Session and Courts of Judicial Magistrate are constituted
in the said
Union
territories be construed as references to the Court of Magistrate mentioned in
the
corresponding
entry in Column (2) of that Table.
Table
1
2
Court
of Session or Sessions Judge or Chief District Magistrate Judicial Magistrate.
Magistrate
or Magistrate of the First Class or Executive Magistrate.
Judicial
Magistrate of the First Class.
(ii)
the functions mentioned in clause (a) of sub-section (4) shall be exercisable
by an Executive
Magistrate".
The
Chief Commissioners and the Additional Deputy Commissioners, in the Union
territory of
Arunachal
Pradesh, were appointed to be Executive Magistrate.
4. Trial of offences under the Indian Penal Code and other laws
(1)
All offences under the Indian Penal Code (45 of 1860) shall be investigated,
inquired into,
tried,
and otherwise dealt with according to the provisions hereinafter contained
(2)
All offences under any other law shall be investigated, inquired into, tried,
and otherwise
dealt
with according to the same provisions, but subject to any enactment for the
time being in
force
regulating the manner or place of investigating, inquiring into, trying or
otherwise dealing
with
such offences.
5. Saving
Nothing
contained in this Code shall, in the absence of a specific provision to the
contrary, affect
any
special or local law for the time being in force, or any special jurisdiction
or power
conferred,
or any special form of procedure prescribed, by any other law for the time
being in
force.
