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CODE OF CRIMINAL PROCEDURE SVT. 1989 [REPEALED]

CODE OF CRIMINAL PROCEDURE, SVT. 1989 [REPEALED] (1933 A.D.)

Act No. 23 of 1989

18th Jeth 1991

An Act to consolidate and amend the law relating to Criminal Procedure. WHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows:-

S.1 Short title, commencement

(1) This Code may be called the Code of Criminal Procedure, and it shall come into force on the first day of Phagan, 1989.

(2) Extent:-

  • (a) It extends to the whole of Jammu and Kashmir State but in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now 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.
  • (b) 1 Repealed.

1 Sub-section (2)(b) of section 1 omitted by Act X of 1996.

S.2 [Repealed]

Repealed.

S.3 Reference to Code of Criminal Procedure

In every enactment passed before this Code comes into force in which reference is made to, or to any Chapter or section of, the Code of Criminal Procedure, for the time being in force, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Chapter or section.

(2) Expression in former enactments.In every enactment passed before this Code comes into force the expressions "Officer exercising (or 'having') the powers (or 'the full powers') of a Magistrate." "Subordinate Magistrate, first class" and "Subordinate Magistrate second class," shall respectively be deemed to mean "Magistrate of first class," Magistrate of second class" and 1 "Magistrate of the third class;" the expression "Magistrate of a division of a district" shall be deemed to mean " Sub-divisional Magistrate;" the expression "Magistrate of the district" shall be deemed to mean "District Magistrate", and the expression "Joint Session Judge" shall mean "Additional Session Judge."

1. At present there is no Magistrate of the third class (Act XL of 1966).

S.4 Definitions

(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-

  • (a) "Advocate General", "Advocate General" includes also a Government Advocate or, where there is no Advocate General or Government Advocate, such officer as 1 [the Government] may, from time to time, appoint in this behalf.
  • (b) "Bailable offence", "Non-bailable offence", "Bailable offence" means an offence shown as bailable in the second Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence;
  • (c) "Charge", "charge" includes any head of charge when the charge contains more heads than one;
  • (d) "Cognizable offence," "Cognizable case," "Cognizable, offence" means an offence for, and "Cognizable case" means a case in, which a police-officer may, in accordance with the second Schedule or under any law for the time being in force, arrest without warrant;
  • (e) "Complaint"."Complaint" means the 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 it does not include the report of a police-officer;
  • (f) "High Court".2"High Court" means the highest Court of criminal appeal and revision in the Jammu and Kashmir State;
  • (g) "Inquiry"."Inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;
  • (h) "Investigation"."Investigation" includes all the proceedings under this Code or 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"."Judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;
  • (j) "Non-cognizable offence", "Non-cognizable case". "Non-cognizable offence" means an offence for, non-cognizable case means a case in, which a police officer may not arrest without warrant;
  • (k) "Offence"."Offence" means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1977;
  • (l) "Officer-incharge of Police Station"."Officer- incharge of a police station" includes, when the officer-incharge 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 3 [the Government] sp direct, any other police officer so present;
  • (m) "Place"."Place" includes also a house, building, tent and vessel;
  • (n) "Pleader"."Pleader" used with reference to any proceeding in any Court, means a pleader authorised under any law 4 for the time being in force to practise in such Court, and includes (1) an advocate, a vakil 5 [and an attorney] of the High Court so authorised, and (2) any other person appointed with the permission of the Court to act in such proceeding;
  • (o) "Police Station"."Police Station" means any post or place declared, generally or specially, by 6 [the Government] to be a Police-Station, and includes any local area specified by 6 [the Government] in this behalf;
  • (p) "Public Prosecutor"."Public Prosecutor" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of 6 [the Government] in the High Court in the exercise of its original criminal jurisdiction;
  • (q) "Sub-Division"."Sub-Division" means a sub-division of a district;
  • (r) "Summons case"."summons case" means a case relating to an offence, and not being a warrant-case; and
  • (s) "Warrant-case"."Warrant case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 7 [two years].

(2) Words referring to acts.Words which refer to acts done, extend also to illegal omissions; and

Words to have same meaning as in Ranbir Penal Code. -All words and expressions used herein and defined in the Ranbir Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

1. In section 4(l)(a), (1) and (P), 7(2), 8, 9,10,11,12, 415(3), 108,132,157,158,161,173,178,188, 193(2), 196,196-A, 197, 218,261,263, 265,319,320(1), 321, 335,357,358, 382,386, 392, 399,422, 464,466,471,474,483,492,495,528,541 and 554 the words "The Government" substituted for the words "His Highness" by Act X of 1996.

2. Substituted by Notification 3-L/85 dated 6th August, 1928/23rd Sawan, 1985 published in Government Gazette dated 8th Bhadon, 1985.

3. See footnote under section 4(1) (a).

4. See Legal Practitioners Act, 1977 (XXIII of 1977).

5. The words "and an attorney" were omitted by Schedule (1) of Consolidation Act but were restored by Notification 3-L/85 dated the 6th August, 1928 published in Government Gazette dated 8th Bhadon, 1985.

6. Substituted by Act VII of 2001 for "His Highness".

7. Substituted by Act XXXVII of 1978 for "one year", section-2.

S.5 Trial of offences under Ranbir Penal Code

(1) All offences under the Ranbir Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

(2) Trial of offences against other laws All offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subjected to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or dealing with such offences.

S.6 Classes of Criminal Courts

1[Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in the Jammu and Kashmir State, namely:-

  • (i) Courts of Session,
  • (ii) Courts of magistrates].
  • 1. Section 6 substituted by Act XL of 1966.

S.6A Classes of Magistrates

1[There shall be the following classes of Magistrates, namely:

I. JUDICIAL MAGISTRATES

  • (1) Chief Judicial Magistrates.
  • (2) Judicial Magistrates of the first class.
  • (3) Judicial Magistrates of the second class.
  • (4) Special Judicial Magistrates.

II. EXECUTIVE MAGISTRATES

  • (1) District Magistrates.
  • (2) Addl. District Magistrates
  • (3) Sub-divisional Magistrates
  • (4) Executive Magistrates of the first class.
  • (5) Executive Magistrates of the second class.
  • (6) Special Executive Magistrates].
  • 1. Inserted ibid.

S.7 Sessions, Divisions and Districts

1[(1) The State of Jammu and Kashmir shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or part of a district or consist of districts.

(2) The Government, in consultation with High Court, may alter the limits or the number of such divisions and districts.

(3) The sessions, divisions and districts existing when the Jammu and Kashmir Separation of Judicial Functions Act, 1966, comes into force shall be sessions divisions and districts respectively unless and until they are so altered.]

(4) Omitted.

1. Section 7 substituted by Act XL of 1996.

S.8 Power of divide districts into sub-divisions

(1) 1[The Government] may divide any district into sub-divisions or make any portion of any such district a sub-division and may alter the limits of any sub-divisions.

(2) Existing Sub-divisions maintained.All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.

1. See footnote under section 4(1)(a).

S.9 Courts of Sessions

(1) 1[The Government] shall establish a Court of Session for every sessions division and 2[in consultation with the High Court,] appoint a judge of such Court.

3[(2) The Government 2[in consultation with the High Court,] may, by general or special order in the Government Gazette, direct at what place or places the Court of Session shall ordinarily hold its sitting; 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 sitting at any other place in the sessions divisions, 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].

(3) 1[The Government] may also 2[in consultation with the High Court] appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such Courts.

(4) A Sessions Judge of one session division may be appointed by 1[the Government] 2[in consultation with 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 either division as 1[the Government] 2[in consultation with the High Court] may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Code.

1. See footnote under section 4(1)(a).

2. Words inserted by Act XL of 1966.

3. Section 9(2) substituted by Act XLII of 1956.

S.10 District Magistrate and Chief Judicial Magistrate

(1) In every district 1[the Government] shall appoint 2[an executive Magistrate] of the first class, who shall be called the District Magistrate.

3(1-a) In every district the High Court shall invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force.

4[(2) The Government may appoint one or more Executive Magistrates of first class to be Additional District Magistrates in a district and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

Explanation.-- In its application to Sessions Divisions Poonch the words "Executive Magistrate" shall be substituted by the words "any Magistrate" till the Jammu and Kashmir Separation of Judicial and Executive Functions Act, 1966 is enforced in the said Sessions Division of Poonch].

(3) For the purposes of sections 192 sub-section (1), 5[x x x ] and 528 sub-sections (2) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.

1. See footnote under section 4(1)(a).

2. Substituted for "Magistrate" by Act XL of 1966.

3. Sub-section (1-a) inserted ibid.

4. Sub-section (2) of section 10 substituted by Act X of 1969.

5. Words "407 sub-section (2)" Omitted by Act XXVII of 1957.

S.11 Officers temporarily succeeding to vacancies in office of District Magistrate

Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive administration of the district, such officer shall, pending the orders of 1 [the Government], exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

1. See footnote under section 4(1)(a).

S.12 Executive and Judicial Magistrate

1[(1) The Government may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive magistrates of the first or second class in any district, and the Government or the District Magistrate, subject to the control of the Government may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(2) The High Court may confer on any person who is a member of the Judicial Service of the State the powers of any class of a Judicial Magistrate in any district; and the High Court or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time define local areas within which he may exercise all or any of the powers with which he may be invested under this Code.

(3) The Government, in consultation with the High Court, may appoint as many persons, who are the members of the Civil Service of the State, as m \y be Considered necessary, to be Judicial Magistrates in any districts; ar d may define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(4) Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district].

1. Section 12 substituted by Act XL of 1966.

S.13 Power to put Magistrate in charge of sub-division

(1) The 1[Government] may place any 2[Executive Magistrate] of the first or second class in charge of a sub-division, and relieve him of the charge as occasion requires.

(2) Such Magistrates shall be called Sub-Divisional Magistrates.

(3) Delegation of Powers to District Magistrate The 1[Government] may delegate its powers under this section to the District Magistrate.

1. See footnote under section 4(1)(a).

2. Substituted for "Magistrate" by Act XL of 1966.

S.14 Special Judicial Magistrates and Special Executive Magistrates

1[(1) The Government may, in consultation with the High Court, confer upon any person who holds or has held any judicial post under the State or possesses such other qualifications as may, in consultation with the High Court, be specified in this behalf I y the Government by notification in the Government Gazette, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally in any local area. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the Government may, in consultation with the High Court, by general or special order direct.

(2) The Government may also appoint Executive Magistrates for particular areas or for the performance of particular functions and confer upon them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the Government may, by general or special order, direct:

Provided that no power shall be confined under this sub-section on any police officer below the grade of Assistant Superintendant and no powers shall be conferred on police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.]

1. Section 14 substituted by Act XL of 1966.

S.15 [Omitted]

1[Omitted].

1. Section 15, 16 Omitted by Act XXXVII of 1978, section3.

S.16 [Omitted]

1[Omitted]..--

1. Section 15, 16 Omitted by Act XXXVII of 1978, section3.

S.17 Sub-ordination of Assistant Sessions Judges Judicial Magistrates to sessions Judge and Chief Judicial Magistrate

1[Sub-ordination of Assistant Sessions Judges Judicial Magistrates 2[***] to sessions Judge and Chief Judicial Magistrate

(1) All Judicial Magistrates appointed under sub-section (2) and (3) of section 12 and sub-section (1) of section 14 2[***], shall, subject to the control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate and he may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches.

(2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge.

(3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge or if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and such Judge, or Magistrate shall have jurisdiction to deal with any such application.

1. Section 17,17-A and 17-B substituted by Act XL of 1966 for "Section 17".

2. Words and figures omitted by Act XXXVII of 1978, section4.

S.17A Subordination of Executive Magistrates

1[(1) All Executive Magistrates appointed under sub-section (1) of section 12, section 13 and sub-section (2) of section 14 shall be subordinate to the District Magistrate and every Executive Magistrate (other than a Sub-Divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-Divisional magistrate, subject, however to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time make rules or give special orders consistent with this Code as to the distribution of business among the Executive Magistrates subordinate to him and as to allocation of business to an Additional District Magistrate.]

1. Section 17,17-A and 17-B substituted by Act XL of 1966 for "Section 17".

S.17B Courts inferior to the High Court and Court of Sessions

1[Courts of sessions and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the High Court and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the Court of session].

1. Section 17,17-A and 17-B substituted by Act XL of 1966 for "Section 17".

S.18 to 25 [Omitted]

[ Omitted]

S.26 Omitted

1[Omitted]

1. Section 26 omitted by Act X of 2010.

S.27 Omitted

[Omitted]

S.28 Offences under Ranbir Penal Code

Subject to the other provisions of this Code any offence under the Ranbir Penal Code may Be tried-

  • (a) by the High Court., or
  • (b) by the Court of Session, or
  • (c) by any other Court by which such offence is shown in the eighth column of the Second Schedule to be triable.

S.29 Offences under other laws

1[(1) Subject to the other provisions of this Code any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court:

Provided that if the Court so mentioned is a Court specified in column (1) of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column (2) thereof.

Name of Court specified in the law. Court by which triable.
1. Chief Presidency Magistrate.
2. Presidency Magistrate Chief Judicial Magistrate.
3. District Magistrate
4. Magistrate of the first class Judicial Magistrate of the first class.
5. Sub-Divisional Magistrate.
6. Magistrate of the second class Judicial Magistrate of the second class.
7. Magistrate of the third class.
8. Magistrate (except where it occurs in any expression mentioned above) Judicial Magistrate

(2) When no Court is so mentioned, it may be tried by the High Court or subject as aforesaid by any Court constituted under this Code by which such offence is shown to be triable in the sixth column of the Second Schedule under the heading offences against the laws].

1. Section 29 substituted by Act XL of 1956.

S.30 Offences punishable with imprisonment not exceeding seven years

1[Notwithstanding anything contained in sections 28 or 29, a Chief Judicial Magistrate or where there is no Chief Judicial Magistrate, the Additional District Magistrate shall have the powers to try as a Judicial Magistrate all offences not punishable with death or imprisonment for life or imprisonment for a term not exceeding seven years.]

1. Section 30 substituted by Act XXXVII of 1978.

S.31 Sentences which High Court and Sessions may pass

(1) The High Court may pass any sentence authorised by law. 1[x x x ].

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but any sentence of death or of life imprisonment passed by any such Judge shall be subject to confirmation by 2[the High Court].

(3) An Assistant Sessions Judge may pass any sentence authorised by law, except a sentence of death or of life imprisonment, or of imprisonment for a term exceeding 3[ten years].

1. Certain words omitted by Act X of 2010.

2. Substituted by Act X of 2010 for "His Highness".

3. Substituted by Act XLII of 1956 for "Seven years".

S.32 Sentences which Magistrate may pass

The Courts of 1[Judicial Magistrate] may pass the following sentences, namely:-

  • (a) Courts of 2[Judicial Magistrates] of the first class.Imprisonment for a term not exceeding 3[three years], including such solitary confinement as is authorised by law; Fine not exceeding 4[Five thousand rupees]. 5[***]
  • (b) Courts of 6[Judicial Magistrates] of the 2nd class.Imprisonment for a term not exceeding 7[one year], including such solitary confinement as is authorised by law; Fine not exceeding 7[one thousand rupees].
  • 8XXXXXX
  • 9(c) Omitted.

(2) The Court of 2[any Judicial Magistrate] may pass any lawful sentence, combining any of the sentences which it is authorised by law to pass.

(3) Omitted.

1. Substituted by Act XLII of 1956.

2. Substituted by Act XL of 1966."

3. Substituted by Act XXXVII of 1978 for "two years".

4. Substituted by Act XXXVII of 1978 for "two thousand rupees".

5. The word "Whipping" omitted ibid.

6. Substituted by Act XL of 1966.

7. Substituted ibid for "six months" and "five hundred rupees".

8. Words "Whipping (if specially empowered)" were omitted by Notification No. 9-L/83 published in Government Gazette dated 18th Sawan, 1983.

9. Clause (C) omitted by Act XL of 1966.

S.33 Power of Magistrates to sentence to imprisonment in default of fine

The Court of 1[any Judicial Magistrate] may award such terms of imprisonment in default of payment of fine as is authorised by law in case of such default;

Proviso as to certain cases.Provided that

  • (a) the term is not in excess of the Magistrate's power under this Code;
  • (b) in any case decided 1[by Judicial Magistrate] where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than an imprisonment in default of payment of the fine.

(2) the imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.

1. Substituted by Act XL of 1966.

S.34 Higher powers of Chief Judicial Magistrate

1[Notwithstanding anything contained in section 32, the Court of Chief Judicial Magistrate or where there is no Chief Judicial Magistrate the Additional District Magistrate may pass any sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years.]

1. Section 34 substituted by Act XXXVII of 1978.

S.35 Sentence in cases of conviction of several offence at one trial

When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Ranbir Penal Code, sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such Punishments, when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on trial before a Higher Court;

Maximum term of punishmentProvided as follows:

  • (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;
  • (b) if the case is tried by a Magistrate (other than a Magistrate acting under section 34), the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to conflict.

(3) For the purposes of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

S.36 Ordinary powers of Magistrates

All Districts Magistrates 1[Chief Judicial Magistrates], Sub-Divisional Magistrates 2[and Judicial and Executive Magistrates other than Special Judicial magistrates and Special Executive Magistrates] have the powers hereinafter respectively conferred upon them and specified in the Third Schedule. Such powers are called their "Ordinary Powers".

1. Inserted by Act XL of 1966.

2. Substituted ibid for "Magistrates of first, second and third classes".

S.37 Additional Powers conferrable on Magistrates

1[In addition to his Ordinary powers;

  • (a) the High Court may invest any Judicial Magistrate with any of the powers as specified in part I (A) of the Fourth Schedule:
  • (b) a Chief Judicial Magistrate may invest any other Judicial Magistrate within his local jurisdiction with the powers specified in part I (B) of the Fourth Schedule;
  • (c) the Government may invest any Executive Magistrate with any of the powers as specified in part II (A) of the Fourth Schedule; and
  • (d) A District Magistrate may invest any Executive Magistrate within his local jurisdiction with the powers specified in part II .(B) of the Fourth Schedule.]
  • 1. Section 37 and 38 substituted by Act XL of 1966.

S.38 Exercise of powers under section 37 by Chief Judicial or District Magistrate to be subject to control of High Court or Government

The powers conferred on Chief Judicial Magistrate under clause (b) of section 37 shall be exercised subject to the control of the High Court and the powers on the District Magistrate under clause (d) of that section shall be exercised subject to the control of the Government.

S.38A Powers on Judicial Magistrates to be conferred by the High Court

1[Whenever, under any provisions of this Code or of any law for the time being in force relating to any of the matters in respect of which the State Legislature can make laws for the State either by itself or concurrently with the Parliament of India, any Judicial powers are to be conferred on a Sessions Judge or an Additional or Assistant Sessions Judge or Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall unless otherwise provided in such law, be made by the High Court.

Explanation-- For the purposes of this section the question whether any powers are judicial shall be decided by the High Court and such decision shall be final.]

1. Section 38-A inserted by Act XL of 1966.

S.39 Mode of conferring powers

(1) In conferring powers under this Code 1[the Government or the High Court, as the case may be,] may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

1. Substituted by Act XL of 1966.

S.40 Powers of officers appointed

Whenever any person holding an office in the service of 1[the State] who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area, he shall, unless 1[the Government or the High Court, as the case may be], otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

1. Substituted by Act XL of 1966.

S.41 Power may be cancelled

(1) The 1Government] 2[or the High Court, as the case may be,] may withdraw all or any of the powers conferred under this Code or any person by it or by any officer subordinate to it.

3[(2) Any powers conferred by the Chief Judicial Magistrate or District Magistrate may be withdrawn by him].

1. Substituted by Act XV of 2004 for "High Court".

2. Words inserted by Act XL of 1966.

3. Sub-Section (2) substituted ibid.

S.42 Public when to assist Magistrate and Police

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid,-

  • (a) in the taking or preventing the escape of any other person whom such Magistrate or police officer authorised to arrest;
  • (b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, Canal, telegraph or public property.

S.43 Aid to person, other than police-officer, executing warrant

When a warrant is directed to a person other than a Police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

S.44 Public to give information of certain offences

(1) Every person, aware of the commission of, or of the intention of any other person to commit any offence punishable under any of the following sections of the Ranbir Penal Code namely, 121,121-A, 122,123,124,124-A, 125,126,130, 143,144,145,147,148, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397,398,399,402,435,436,449,450,456,457,458, 459 and 460, shall, be in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.

(2) For the purposes of this section the term "offence" includes any act committed at any place out of Jammu and Kashmir State which would constitute an offence if committed in Jammu and Kashmir State.

S.45 Village, headmen, accountants, landholders and other bound to report certain matters

(1) Every village headman, village accountant, village watchman, village police-officer, owner or occupier in charge of land and agent of any such owner or occupier in charge of the management of that land 1[and every member of a village Panchayat, other than a Judicial Panchayat (where such Panchayat, by whatever name is called, is constituted under any law for the time being in force)] and every officer employed in the collection of revenue or rent of land on the part of Government or the Court of Wards forthwith communicate to the nearest Magistrate or to the officer-in-charge of the nearest police-station, whichever is the nearer, any information which he may possess respecting-

  • (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman, accountant, watchman or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent;
  • (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be robber, escaped convict or proclaimed offender;
  • (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143,144, 145,147 or 148 of the Ranbir Penal Code;
  • (d) the occurrence in or near such village of any sudden or unnatural death or of any death under the suspicious circumstances or the discovery in or near such village of any, corpse, or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;
  • (e) the commission of, or intention to commit, at any place out of the Jammu and Kashmir State near such village any act which, if committed in the Jammu and Kashmir State, Would be an offence punishable under any of the following sections of the Ranbir Penal Code, namely, 231, 232, 233, 234, 235, 236, 237, 238, 302, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489-A, 489-B, 489-C, 489-D;
  • (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person of the property respecting which the District Magistrate, by general or special order made with the previous sanction of 2 [the Government,] has directed him to communicate information.

(2) In this section-

  • (i) "village" includes village-lands; and
  • (ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority established or continued by 2[the Government] in any part of Jammu and Kashmir State in respect of any act which, if committed in Jammu and Kashmir State, would be punishable under any of the following section of the Ranbir penal Code, namely, 302,304,382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 457, 450, 457, 458, 459 and 460.

(3) Appointment of village-headman by District Magistrate or Sub-Divisional Magistrate in certain cases for purposes of this section Subject to rules in this behalf to be made by 3 [the Government], the District Magistrate or Sub-divisional Magistrate may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.

1. Inserted by Act XLII of 1960.

2. Substituted by Act VII of 2001 for "His Highness".

3. See footnote under section 4 (I) (a).

S.46 Arrest how made

(1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) Resisting Endeavour to arrest If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police-officer or other person may use. all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with life imprisonment.

S.47 Search of place entered by person sought to be arrested

If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within, any place, 1[any person residuary] in, or being incharge of, such place, shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

1. Substituted by Act XLII of 1956 for the "the person residing".

S.48 Procedure where ingress not obtainable

If ingress to such place cannot be obtained under section 47, it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:

Breaking open Zenana. Provided that if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public, such person or police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

S.49 Power to break open doors and windows for purposes of liberation

Any police-officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

S.50 No unnecessary restraint

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

S.50A Person arrested to be informed of grounds of arrest and of right to bail

1[(1) Every police-officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police-officer arrests without warrant any person other than a person accused of a non-bailable offence he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.]

1. Section 50-A inserted by Act XXXVII OF 1978, section8.

S.51 Search of arrested persons

Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and

whenever a person is arrested without warrant, or by private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.

The officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing-apparel found upon him.

S.52 Mode of searching women

Whenever is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.

S.53 Power to seize offensive weapons

The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

S.54 When police may arrest without warrant

Any police-officer may, without an order from a Magistrate and without a warrant, arrest

  • first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists of his having been so concerned;
  • secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking;
  • thirdly, any person who has been proclaimed as an offender either this Code or by order of Government;
  • fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
  • fifthly, any person who obstructs a police while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
  • sixthly, any person reasonably suspected of being a deserted 1[x x x x] from 2[any of the Armed Forces of the Union 3fx x x];
  • seventhly, any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Jammu and Kashmir State which, if committed in Jammu and Kashmir State would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in Jammu and Kashmir State;
  • eighthly, any released convict committing a breach of any rule made under section 565, sub-section (3); and
  • ninthly, any person for whose arrest a requisition has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

1. Words from "His Highness Army or" omitted by Act X of2010.

2. Substituted by Act XXXVII of 1978, section 9.

3. Certain words omitted by A.L.O. 2008.

S.55 Arrest of vagabonds, habitual robbhers, etc.

Any officer-incharge of a police-station may, in like manner arrest or cause to be arrested-

  • (a) any person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or
  • (b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or
  • (c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear for injury.

S.56 Procedure when police officer deputes sub-ordinate to arrest without warrant

When any officer-in-charge of a police-station or any police officer making an investigation under Chapter XIV requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest, an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest to be made. The officer so required shall, before making the arrest, notifying to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.

S.57 Refusal to give name and residence

(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before 1[a Judicial Magistrate having jurisdiction] if so required:

Provided that if such person is not resident in Jammu and Kashmir State, the bond shall be secured by a surety or sureties resident in Jammu and Kashmir State.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond or if, so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest 1Judicial Magistrate] having jurisdiction.

1. Substituted by Act XL of 1966 for "Magistrate".

S.58 Pursuit of offenders into other Jurisdictions

A police-officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest under this Chapter, pursue such person into any place of Jammu and Kashmir State.

S.59 Arrest by private persons and procedure on such arrest

Any private person may arrest any person who his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police officer, or, in the absence of a public officer, take such person or cause him to be taken in custody to the nearest police station,

(2) If there is reason to believe that such person comes under the provisions of section 54, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

S.60 Person arrested to be taken before Magistrate or officer-in-charge of police-station

A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer-in-charge of a police-station.

S.61 Persons arrested not to be detained more than twenty-four hours

No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

S.62 Police to report apprehensions

Officers-in-charge of police-stations shall report to the District Magistrates, or, if he so directs, to the Sub-Divisional Magistrate, the cases of all persons arrested without warrant within the limits of their respective stations, whether such persons, have been admitted to bail or otherwise.

S.63 Discharge of person apprehended

No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of 1[Magistrate having jurisdiction].

1. Substituted by Act XL of 1966 for "Magistrate".

S.64 Offence committed in Magistrate's presence

When any offence is committed in the presence of a Magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

S.65 Arrest by or in presence of Magistrate

Any Magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

S.66 Power, on escape, to pursue and retake

If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and arrest him in any place in Jammu and Kashmir State.

S.67 Provisions of sections 47,48 and 49 to apply to arrests under section 66

The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.

S.68 Form of summons

(1) Every summons issued by a Court under this Code shall be in writing, in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time to time, by rule, direct.

(2) Summons by whom served.Such summons shall be served by a police-officer, or subject to such rules as the High Court may prescribe in this behalf, by an officer of the Court issuing it or other public servant.

S.69 Summons how served

(1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(2) Signature of receipt for summons.Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt there for on the back of the other duplicate.

(3) Service of a summon on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Jammu and Kashmir State. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

S.70 Service when person summoned cannot be found

Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt there for on the back of other duplicate.

S.71 Procedure when service cannot be effected as before provided

If service in the manner mentioned in section 69 and 70 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served.

S.72 Service on servant of Central or State Government

Service on servant of 1Central or State Government

(1) Where the person summoned is in the active service of the 1Central or State Government], the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court under his signature with endorsement required by that section.

(2) Such signature shall be evidence of due service.

1. Substituted by Act XXXVII of 1978 for "Government or of Railway Company", section-10.

S.73 Service of summons outside local limits

When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be there served.

S.74 Proof of service in such cases and when serving officer not present

(1) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit purporting to be made before a Magistrate that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

S.74A Service of summons on witness by post

1[(1) Notwithstanding anything contained in the preceding sections of this Chapter a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons, to be served by registered Post addressed to the witness at the place where he ordinary resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons have been duly served.

1. Section 74-A inserted ibid, section-11.

S.75 Form of Warrant of arrest

(1) Every warrant of arrest issued by a Court under this Code shall be in writhing, signed by the presiding officer, 1[***] and shall bear the seal of the Court.

(2) Continuance of warrant of arrest Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

1. Certain words omitted by Act XXXVII of 1978, section-12.

S.76 Court may direct security to be taken

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

  • (a) the number of sureties;
  • (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; and
  • (c) the time at which he is to attend before the Court.

(3) Recognizance to be forwarded.Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.

S.77 Warrants to whom directed

(1) A warrant of arrest shall ordinarily be directed to one or more Police-officers, but any Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

Warrants to several persons.(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.

S.78 Warrant may be directed to land-holders etc.

1[(1) A District Magistrate or a Chief Judicial Magistrate or a Sub-Divisional Magistrate or a Judicial Magistrate of the first class may direct a warrant to any landholder, farmer or manager of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit].

(2) Such land-holder, farmer or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, his land or farm, or the laden under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.

1. Sub-section (1) Substituted by Act XL of 1966.

S.79 Warrant directed to the police officer

A warrant directed to any police-officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

S.80 Notification of substance of warrant

The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

S.81 Person arrested to be brought before Court without delay

The police officer or other person executing a warrant of arrest shall (subject to the provision of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

S.82 Where warrant may be executed

A warrant of arrest may be executed at any place in Jammu and Kashmir State.

S.83 Warrant forwarded for execution outside jurisdiction

(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police officer, forward the same by post or otherwise to any Magistrate or District Superintendent of police within the local limits of whose jurisdiction it is to be executed.

(2) The Magistrate or District Superintendent to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.

1[(3) The Court issuing a warrant under sub-section (1) shall forward along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 86 to decide whether bail should or should not be granted to the person.]

1. Inserted by Act. XXXVII of 1978 section13.

S.84 Warrant directed to police officer for execution outside jurisdiction

(1) When a warrant directed to a police officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily taken it for endorsement either to a Magistrate or to a police officer not below the rank of an officer-in-charge of a station within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same within such limits, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within the local limits of whose jurisdiction the warrant is to be executed, will present such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.

(4) Omitted.

S.85 Procedure on arrest of person against whom warrant issued

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than the Magistrate or District Superintendent of police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or District Superintendent.

S.86 Procedure by Magistrate before whom person arrested is brought

(1) Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:

Provided that if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate or District Superintendent or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security, required by such direction, the Magistrate or District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant:

1[Provided further that if the offence is a non-bailable one, it shall, subject to the provisions of section 497, be lawful for the Chief Judicial Magistrate or where there is no Chief Judicial Magistrate, the Additional District Magistrate or the Sessions Judge of the District in which arrest is made on consideration of the information and the documents referred to in Sub-section (3) of section 83, to release such person on bail.]

(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.

1. Inserted by Act XXXVII of 1978. section-14.

S.87 Proclamation for person absconding

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:-

  • (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
  • (b) it shall be affixed to some conspicuous part of the house or home stead in which such person ordinarily resides or to some conspicuous place of such town or village; and
  • (c) a copy thereof shall be affixed to some conspicuous part of the Court-house.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

S.88 Attachment of property of person absconding

(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, movable or immovable, or both belonging to the proclaimed person.

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorse by the District Magistrate 1[or Chief Judicial Magistrate] within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-

  • (a) by seizure; or
  • (b) by the appointment of receiver; or
  • (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
  • (d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to Government, be made through the Collector of the district in which the land is situate, and in all other cases

  • (a) by taking possession; or
  • (b) by the appointment of receiver; or
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