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:-
(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:-
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) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:-
(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) 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.
I. JUDICIAL MAGISTRATES
II. EXECUTIVE MAGISTRATES
(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)
(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)
(3)
(4) A Sessions Judge of one session division may be appointed by
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Code.
(1) In every district
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),
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
(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) The
(2) Such Magistrates shall be called Sub-Divisional Magistrates.
(3) Delegation of Powers to District Magistrate The
(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) All Judicial Magistrates appointed under sub-section (2) and (3) of section 12 and sub-section (1) of section 14
(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.
(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.]
Subject to the other provisions of this Code any offence under the Ranbir Penal Code may Be tried-
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) The High Court may pass any sentence authorised by law.
(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
(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
The Courts of
(2) The Court of
(3) Omitted.
The Court of
Proviso as to certain cases.Provided that
(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.
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:
(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.
All Districts Magistrates
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.
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) In conferring powers under this Code
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Whenever any person holding an office in the service of
(1) The
Every person is bound to assist a Magistrate or police officer reasonably demanding his aid,-
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.
(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.
(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
(2) In this section-
(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
(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.
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,
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.
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.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
(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.]
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.
Whenever is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.
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.
Any police-officer may, without an order from a Magistrate and without a warrant, arrest
Any officer-incharge of a police-station may, in like manner arrest or cause to be arrested-
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.
(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
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
(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.
(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.
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.
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.
Service on servant of
(1) Where the person summoned is in the active service of the
(2) Such signature shall be evidence of due service.
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.
(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.
(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) Every warrant of arrest issued by a Court under this Code shall be in writhing, signed by the presiding officer,
(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) 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-
(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.
(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.
(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.
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.
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.
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.
A warrant of arrest may be executed at any place in Jammu and Kashmir State.
(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) 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.
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.
(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:
(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.
(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:-
(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.
(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
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(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