- THE CODE OF CRIMINAL PROCEDURE, 1973
- CHAPTER I PRELIMINARY
- CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- 6. Classes 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 Magistrates and Additional ChiefMetropolitanMagistrates.
- 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
- CHAPTER III POWER OF COURTS
- 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. Sentences of imprisonment in default of fine
- 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
- CHAPTER IV
- CHAPTER V ARREST OF PERSONS
- 41. When police may arrest without warrant
- 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
- 51. Search of arrested person
- 52. Power to size offensive weapons
- 53. Examination of accused by medical practitioner at the request of police officer.
- 54. Examination of arrested person by medical practitioner at the requestof thearrested person
- 55. Procedure when police officer deputes subordinate to arrest with outwarrant
- 56.Person arrested to be taken before Magistrate of 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
- CHAPTER VI PROCESSES TO COMPEL APPEARANCE
- CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS ANDPROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
- CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY,
- CHAPTER XI PREVENTIVE ACTION OF THE POLICE
- CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- CHAPTER 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 ortrial shall take place.
- 187. Power to issue summons or warrant for offence committed beyondlocaljurisdiction.
- 188.Offence committed outside India
- CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- CHAPTER XV COMPLAINTS TO MAGISTRATES
- CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- 204. Issue of process.
- 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 casestriableby 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
- CHAPTER XVII THE CHARGE
- CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION
- 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)
- CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES
- CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES
- CHAPTER XXI SUMMARY TRIALS
- CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS
- CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- CHAPTER XXVII THE JUDGMENT
- CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- CHAPTER XXIX APPEALS
- 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
- 380Special 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.Power of the Appellate Court
- 387.Judgments of subordinate Appellate Court
- 388.Order of High Court on appeal to be certificated 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
- CHAPTER 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 Sessons Judge
- 401.High Court's Powers of revisions
- 402.Powers of High Court to withdraw or tranfer revision cases
- 403.Option of Court to hear parties
- 404.Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court
- 405.High Courts' order to be certified to lower Court
- CHAPTER XXXI TRANSFER OF CRIMINAL CASES
- 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 Sessions Judges
- 410.Withdrawal of cases by Judicial Magistrates
- 411.Making over or withdrawal of cases by Excutive Magistrates
- 412.Reasons to be recorded
- CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS
- CHAPTER 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
- CHAPTER 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
- CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- CHAPTER XXXVII MISCELLANEOUS
- 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 Magistrates 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 ofJudicial Magistrates
- 484.Repeal and savings
- THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES
- I.--OFFENCES UNDER THE INDIAN PENAL CODE
- CHAPTER V--ABETMENT
- CHAPTER VA-CRIMINAL CONSPIRACY
- CHAPTER VI-OFFENCES AGAINST THE STATE
- CHAPTER VII--OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
- CHAPTER VIII--OFFENCES AGAINST THE PUBLIC TRANQUILITY
- CHAPTER IX--OFFENCES BY OR RELATING TO PUBLIC SERVANTS
- CHAPTER IXA--OFFENCES RELATING TO ELECTIONS
- CHAPTER X--CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
- CHAPTER XI-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
- CHAPTER XII-OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
- CHAPTER XIII-OFFENCES RELATING TO WEIGHTS AND MEASURES
- CHAPTER XIV- OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,CONVENIENCE, DECENCY AND MORALS
- CHAPTER XV - OFFENCES RELATING TO RELIGION
- CHAPTER XVI-OFFENCES AFFECTING THE HUMAN BODY
- CHAPTER XVII-OFFENCES AGAINST PROPERTY
- CHAPTER XVIII-OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
- 465 Forgery
- 472 Making or counterfeiting a seal ...
- 475 Counterfeiting a device or mark...
- 476 Counterfeiting a device or mark...
- 483 Counterfeiting a property mark...
- 485 Fraudulently making or having possession of any die, plate or or fine, or both.other instrument for counterfeiting any public or private property mark
- 486 Knowingly selling goods marked with a counterfeit property .mark.
- 487 Fraudulently making a false mark upon any package or or fine, oreceptacle containing goods,
- 488 Making use of any such false mark
- 489 Removing, destroying or defacing property mark
- 489A counterfeiting currency-notes or bank-notes
- 489B Using as genuine forged or counterfeit currency-notes or banknotes.
- 489C Possession of forged or counterfeit or currency-notes or bank- or fine, or both .notes
- CHAPTER XIX-CRIMINAL BREACH OF CONTRACTS OF SERVICE
- CHAPTER XX-OFFENCES RELATING TO MARRIAGE
- CHAPTER XXI-DEFAMATION
- CHAPTER XXII-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
- CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES
- I.--OFFENCES UNDER THE INDIAN PENAL CODE
- THE SECOND SCHEDULE
- FORM No. 1 SUMMONS TO AN ACCUSED PERSON
- FORM No. 2 WARRANT OF ARREST
- FORM No. 3 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
- FORM No. 4 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
- FORM No. 5 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS
- FORM No. 6 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS
- FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED
- FORM No. 8 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE
- FORM No. 9 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
- FORM No. 10 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE
- FORM No. 11 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
- FORM No. 12 BOND TO KEEP THE PLACE
- FORM No. 13 BOND FOR GOOD BEHAVIOUR
- FORM No. 14 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE
- FORM No. 15 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE
- FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR
- FORM No. 17 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
- FORM No. 18 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE
- FORM No. 19 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE
- FORM No. 20 ORDER FOR THE REMOVAL OF NUISANCES
- FORM No. 21 MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
- FORM No. 22 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY
- FORM No. 23 MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE
- FORM No. 24 MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC
- FORM No. 25 MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OFLAND, ETC., IN DISPUTE
- FORM No. 26 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSIONOF LAND, ETC
- FORM No. 27 MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER
- FORM No. 28 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER
- FORM No. 29 BOND TO PROSECUTE OR GIVE EVIDENCE
- FORM No. 30 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE
- FORM No. 31 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR
- FORM No. 32 CHARGES
- FORM No. 33 SUMMONS TO WITNESS
- FORM No. 34 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE
- FORM No. 35 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION
- FORM No. 36 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE
- FORM No. 37 ORDER REQUIRING IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE
- FORM No. 38 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPTWHEN A FINE IS IMPOSED
- FORM No. 39 MAGISTRATE'S OR JUDGE'S WARRANT' OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT
- FORM NO. 40 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
- FORM No. 41 WARRANT AFTER A COMMUTATION OF A SENTENCE
- FORM No. 42 WARRANT OF EXECUTION OF A SENTENCE OF DEATH
- FORM No. 43 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
- FORM No. 44 WARRANT FOR RECOVERY OF FINE
- FORM NO. 44A BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE
- FORM No. 45 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OFPOLICE STATION OR COURT
- FORM No. 46 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY
- FORM No. 47 WARRANT OF ATTACHMENT TO ENFORCE A BOND
- FORM No. 48 NOTICE TO SURETY ON BREACH OF A BOND
- FORM No. 49 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
- FORM No. 50 WARRANT OF ATTACHMENT AGAINST A SURETY
- FORM No. 51 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
- FORM No. 52 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE
- FORM No. 53 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND To KEEP THE PEACE
- FORM No. 54 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE
- FORM No. 55 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
- FORM No. 56 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR
- THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001
- THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005
- THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) AMENDING ACT, 2006
THE CODE OF CRIMINAL PROCEDURE, 1973 ACT NO. 2 OF 1974 [25th January, 1974.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:
CHAP PRELIMINARY
CHAPTER I PRELIMINARY
1. Short title extent and commencement.
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- 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 1st day of April, 1974.
2. Definitions.
2. Definitions. In this Code, unless the context otherwise requires, 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 juris- diction 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; this Code 1*[and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify];
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1* Ins. by Act 45 of 1978, s. 2 (w.e,f, 18-12-1978). ----------------------------------------------------------------------
813 3.
Construction of references.
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; (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, anyreference 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; 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- 4.
Trial of offences under the Indian Penal Code and other laws.
4. Trial of offences under the Indian Penal Code and other laws. 5.
Saving.
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.
CHAP
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6.
Classes Criminal Courts.
6. Classes Criminal Courts. Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:- (iii) Judicial Magistrates of the second class ; and
(iv) Executive Magistrates.
7.
Territorial divisions.
7. Territorial divisions. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts :
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.
8.
Metropolitan areas.
8. Metropolitan areas. (1) The State Government may, bynotification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code. one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5)Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pendingimmediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation.-In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
9.
Court of Session.
9.Court of Session. (1) The State Government shall establish a Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3)The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
(4)The Sessions Judge of one sessions division may be appointedby the High Court to be also an Additional Sessions Judge of another division and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
(5)Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session byan Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6)The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the
prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
Explanation.-For the purposes of this Code, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.
10.
Subordination of Assistant Sessions Judges.
10. Subordination of Assistant Sessions Judges.(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. 11.
Courts of Judicial Magistrates.
11. Courts of Judicial Magistrates. (1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class,and at such places, as the State Government may, after consultation with the High Court, by notification, specify:
1*[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more SpecialCourts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.] ----------------------------------------------------------------------
1 Ins. by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978). ----------------------------------------------------------------------
12.
Chief Judicial Magistrate and Additional Chief Judicial Magistrate,etc.
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2)The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3)(a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b)Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
13.
Special Judicial Magistrates.
13. Special Judicial Magistrates. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1*[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area] :
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2)Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
2* [(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]
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1 Subs. by Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12- 1978).
2 Ins. by s. 4, ibid. (w.e.f. 18-12-1978). ----------------------------------------------------------------------
14.
Local jurisdiction of Judicial Magistrates.
815 (b) to a Magistrate of the second class or of class, shall be construed as a reference to Magistrate of the second class ; the third a Judicial (c) to a Presidency Magistrate or Chief Presidency