CHAPTER II (S.

6 – 25) The State Government may, by notification,

extend, reduce or alter the limits of a
CONSITITUTION OF CIMINAL
metropolitan area but the reduction or
COURTS AND OFFICES
alteration shall not be so made as to reduce the
Section 6 - Classes of Criminal Courts population of such area to less than one
million
In every State, the following classes of
Criminal Courts shall be there When the population of such area falls below
one million, on and from such date as the State
(i) Courts of Session; Government may, by notification- cease to be
(ii) Judicial Magistrates of the first class and, a metropolitan area but any inquiry, trial or
in any metropolitan area, Metropolitan appeal pending before such cesser before any
Magistrates; Court or Magistrate in such area shall continue
to be dealt with under this Code, as if such
(iii) Judicial Magistrates of the second class; cesser had not taken place.
and
Explanation : the expression “population”
(iv) Executive Magistrates. means the population as ascertained at the last
Section 7 - Territorial divisions preceding census of which the relevant figures
have been published.
1) Every State shall consist of sessions
division or divisions and every sessions 1. Court of Session
divisions shall be a district or consist of 2. Subordination of Assistant Sessions
districts Judges
3. Courts of Judicial Magistrates
Proviso - every metropolitan area shall be a 4. Chief Judicial Magistrate and
separate sessions division and district for the Additional Chief Judicial Magistrate
said purpose. 5. Special Judicial Magistrates
(2) The State Government after consultation 6. Local jurisdiction of Judicial
with the High Court may alter the limits or the Magistrates
number of such divisions and districts. 7. Subordination of Judicial Magistrates
8. Courts of Metropolitan Magistrates
(3) The State Government after consultation 9. Chief Metropolitan Magistrate and
with the High Court may divide any district Additional Chief Metropolitan
into subdivisions and may alter the limits or Magistrate
the number of such sub-divisions. 10. Special Metropolitan Magistrates
(4) The sessions divisions, districts and sub- 11. Subordination of Metropolitan
divisions existing in a State at the Magistrates
commencement of this Code, shall be deemed 12. Executive Magistrates (S. 20-23)
to have been formed under this section.
Section 8 - Metropolitan areas Section 9- Court of Session.
The State Government by notification, may (1) The State Government shall establish a
declare that any area in the State comprising a Court of Session for every sessions division.
city or town whose population exceeds one
million shall be a metropolitan area for the
purposes of this Code.
(2) Every Court of Session shall be presided to the distribution of business among such
over by a Judge, to be appointed by the High Assistant Sessions Judges.
Court.
Section 11 - Courts of Judicial Magistrates
(3) The High Court may also appoint
(1) In every district (not being a metropolitan
Additional Sessions Judges and Assistant
area) there shall be as many Courts of Judicial
Session Judges to exercise jurisdiction in a
Magistrates of the first class and of the second
Court of Session.
class, as the State Government may by
(4) The Sessions Judge of one sessions notification, after consultation with the High
division may be appointed by the High Court Court specify:
to be also an Additional Sessions Judge of
Proviso- that the State Government may, after
another division, and in such case he may sit
consultation with the High Court, establish
for the disposal of cases at such place or
one or more Special Courts of Judicial
places in the other division as the High Court
Magistrates of the first class or of the second
may direct.
class to try any particular case or particular
(5) Where the office of the Sessions Judge is class of cases Court of Magistrate in the local
vacant, the High Court may make area shall have no jurisdiction
arrangements for the disposal of any urgent
(2) The presiding officers of such Courts shall
application made or pending before Court of
be appointed by the High Court.
Session by an Additional or Assistant Sessions
Judge, or, if there be no Additional or (3) The High Court may, whenever it appears
Assistant Sessions Judge, by a Chief Judicial to it to be expedient or necessary, confer the
Magistrate, in the sessions division; and every powers of a Judicial Magistrate of the first
such Judge or Magistrate shall have class or of the second class on any member of
jurisdiction to deal with any such application. the Judicial Service of the State, functioning as
a Judge in a Civil Court.
(6) The Court of Session shall ordinarily hold
its sitting at such place or places as the High Section 12 - Chief Judicial Magistrate and
Court may specify; but, if, in any particular Additional Chief Judicial Magistrate
case, the Court of Session is of opinion that it
will tend to the general convenience of the (1) In every district (not being a metropolitan
parties and witnesses to hold its sittings at any area), the High Court shall appoint a Judicial
other place in the sessions division, it may, Magistrate of the first class to be the Chief
with the consent of the prosecution and the Judicial Magistrate.
accused, sit at that place for the disposal of the (2) The High Court may appoint any Judicial
case or the examination of any witness or Magistrate of the first class to be an Additional
witnesses therein. Chief Judicial Magistrate, and such Magistrate
Section 10 - Subordination of Assistant shall have all or any of the powers of a Chief
Sessions Judges Judicial Magistrate under crpc or under any
other law for the time being in force as the
(1) All Assistant Sessions Judges shall be High Court may direct.
subordinate to the Sessions Judge in whose
Court they exercise jurisdiction. (3) (a) The High Court may designate any
Judicial Magistrate of the first class in any
(2) The Sessions Judge may, from time to sub-division as the Sub-divisional Judicial
time, make rules consistent with this Code, as Magistrate and relieve him of the
responsibilities specified in this section as time, define the local limits of the areas within
occasion requires. which the Magistrates appointed under section
11 or under section 13 may exercise all or any
(b) Subject to the general control of the Chief
of the powers with which they may
Judicial Magistrate, every Sub-divisional
respectively be invested under this Code
Judicial Magistrate shall also have and
exercise, such powers of supervision and Section 15- Subordination of Judicial
control over the work of the Judicial Magistrates
Magistrates (other than Additional Chief
(1) Every Chief Judicial Magistrate shall be
Judicial Magistrates) in the sub-division as the
subordinate to the Sessions Judge; and every
High
other Judicial Magistrate shall, subject to the
Court may, by general or special order, specify general control of the Sessions Judge, be
in this behalf subordinate to the Chief Judicial Magistrate.
Section 13 - Special Judicial Magistrates (2) The Chief Judicial Magistrate may, from
time to time, make rules or give special
(1)The High Court may, if requested by the
orders ,consistent with this Code, as to the
Central or State Government so to do, confer
distribution of business among the Judicial
upon any person who holds or has held any
Magistrates subordinate to him.
post under the Government, all or any of the
powers conferred or conferrable by or under
this Code on a Judicial Magistrate 1[of the
first class or of the second class, in respect to
particular cases or to particular classes of
cases, in any local area, not being a
metropolitan area:]
Provided that no such power shall be
conferred on a person unless he possesses such
qualification or experience in relation to legal
affairs as the High Court may, by rules,
specify.
(2) Such Magistrates shall be called Special
Judicial Magistrates and shall be appointed for
such term, not exceeding one year at a time, as
the High Court may, by general or special
order, direct.
(3) The High Court may empower a Special
Judicial Magistrate to exercise the powers of a
Metropolitan Magistrate in relation to any
metropolitan area outside his local jurisdiction.
Section 14- Local jurisdiction of Judicial
Magistrate
Subject to the control of the High Court, the
Chief Judicial Magistrate may, from time to
Section - 16. Courts of Metropolitan affairs as the High Court may, by rules,
Magistrates specify.
(1) In every metropolitan area, there shall be (2) Such Magistrates shall be called Special
established as many Courts of Metropolitan Metropolitan Magistrates and shall be
Magistrates ,as the State Government may, appointed for such term, not exceeding one
after consultation with the High Court, by year at a time, as the High Court may, by
notification, specify. general or special order, direct.
(2) The presiding officers of such Courts shall (3) The High Court or the State Government,
be appointed by the High Court. as the case may be, may empower any Special
Metropolitan Magistrate to exercise, in any
(3) The jurisdiction and powers of every
local area outside the metropolitan area, the
Metropolitan Magistrate shall extend
powers of a Judicial Magistrate of the first
throughout the metropolitan area.
class
Section 17- Chief Metropolitan Magistrate
Section19- Subordination of Metropolitan
and Additional Chief Metropolitan
Magistrates
Magistrate
(1) The Chief Metropolitan Magistrate and
(1) The High Court shall, in relation to every
every Additional Chief Metropolitan
metropolitan area within its local jurisdiction,
Magistrate shall be subordinate to the Sessions
appoint a Metropolitan Magistrate to be the
Judge; and every other Metropolitan
Chief Metropolitan Magistrate for such
Magistrate shall, subject to the general control
metropolitan area.
of the Sessions Judge, be subordinate to the
(2) The High Court may appoint any Chief Metropolitan Magistrate.
Metropolitan Magistrate to be an Additional
(2) The High Court may, for the purposes of
Chief Metropolitan Magistrate, and such
this Code, define the extent of the
Magistrate shall have all or any of the powers
subordination, if any, of the Additional Chief
of a Chief Metropolitan Magistrate under this
Metropolitan Magistrates to the Chief
Code or under any other law for the time being
Metropolitan Magistrate.
in force as the High Court may direct
(3) The Chief Metropolitan Magistrate may,
Section 18- Special Metropolitan
from time to time, make rules or give special
Magistrates
orders,consistent with this Code, as to the
(1) The High Court may, if requested by the distribution of business among the
Central or State Government so to do, confer Metropolitan Magistrates and as to the
upon any person who holds or has held any allocation of business to an Additional Chief
post under the Government, all or any of the Metropolitan Magistrate
powers conferred or conferrable by or under
Executive Magistrates (S. 20-23)
this Code on a Metropolitan Magistrate, in
respect to particular cases or to particular HIERARCHY OF EXECUTIVE
classes of cases in any metropolitan area MAGISTRATES
within its local jurisdiction:
District Magistrate (Collector)
Provided that no such power shall be
Additional District Magistrate (J.C.)
conferred on a person unless he possesses such
qualification or experience in relation to legal Sub-Divisional Magistrate (RDO)
Executive Magistrate (MRO) The State Government may appoint Executive
Magistrates, for such term as it may think fit to
Section 20
be known as Special Executive Magistrates,
(1) In every district and in every metropolitan for particular areas or for performance of
area, the State Government may appoint as particular functions and confer on such Special
many persons as it thinks fit to be Executive Executive Magistrates such of the powers as
Magistrates and shall appoint one of them to are conferrable under this Code on Executive
be the District Magistrate. Magistrates, as it may deem fit

(2) The State Government may appoint any Section 22 - Local Jurisdiction of Executive
Executive Magistrate to be an Additional Magistrates
District Magistrate, and such Magistrate shall
(1) Subject to the control of the State
have 3[such] of the powers of a District
Government, the District Magistrate may,
Magistrate under this Code or under any other
from time to time, define the local limits of the
law for the time being in force 4[as may be
areas within which the Executive Magistrates
directed by the State Government].
may exercise all or any of the powers with
(3) Whenever, in consequence of the office of which they may be invested under this Code.
a District Magistrate becoming vacant, any
(2) Except as otherwise provided by such
officer succeeds temporarily to the executive
definition, the jurisdiction and powers of every
administration of the district, such officer
such Magistrate shall extend throughout the
shall, pending the orders of the State
district.
Government, exercise all the powers and
perform all the duties respectively conferred Section 23-Subordination of Executive
and imposed by this Code on the District Magistrates.
Magistrate.
(1) All Executive Magistrates, other than the
(4) The State Government may place an Additional District Magistrate, shall be
Executive Magistrate in charge of a sub- subordinate to the District Magistrate and
division and may relieve him of the charge as every Executive Magistrate (other than the
occasion requires; and the Magistrate so Sub-divisional Magistrate) exercising powers
placed in charge of a sub-division shall be in a sub-division shall also be subordinate to
called the Sub-divisional Magistrate. the Sub-divisional Magistrate, subject,
however, to the general control of the District
(4A) The State Government may, by general
Magistrate.
or special order and subject to such control
and directions as it may deem fit to impose, (2) The District Magistrate may, from time to
delegate its powers under sub-section (4) to time, make rules or give special orders,
the District Magistrate. consistent with this Code, as to the distribution
of business among the Executive Magistrates
(5) Nothing in this section shall
subordinate to him and as to the allocation of
preclude(prevent from happening) the State
business to an Additional District Magistrate.
Government from conferring, under any law
for the time being in force, on a Commissioner PUBLIC PROSECUTORS(S 24-25A)
of Police, all or any of the powers of an
Section 24
Executive Magistrate in relation to a
metropolitan area. (1)The Central Government or the State
Government shall, after consultation with the
Section 21- Special Executive Magistrates
High Court, appoint a Public Prosecutor and the case may be, from the panel of names
may also appoint one or more Additional prepared by the District Magistrate under sub-
Public Prosecutors, for the high court for section (4).
conducting any prosecution, appeal or other
Explanation.— (a) “regular Cadre of
proceeding on behalf of the Central
Prosecuting Officers” means a Cadre of
Government or State Government, as the case
Prosecuting Officers which includes therein
may be.
the post of a Public Prosecutor, by whatever
(2) The Central Government may appoint one name called, and which provides for
or more Public Prosecutors for the purpose of promotion of Assistant Public Prosecutors, by
conducting any case or class of cases in any whatever name called, to that post;
district or local area.
(b) “Prosecuting Officer” means a person, by
(3) For every district, the State Government whatever name called, appointed to perform
shall appoint a Public Prosecutor and may also the functions of a Public Prosecutor, an
appoint one or more Additional Public Additional Public Prosecutor or an Assistant
Prosecutors for the district: Public Prosecutor under this Code.
Proviso - the Public Prosecutor or Additional (7) A person shall be eligible to be appointed
Public Prosecutor appointed for one district as a Public Prosecutor or an Additional Public
may be appointed also to be a Public
Prosecutor under sub-section (1) or sub-
Prosecutor or an Additional Public Prosecutor,
section (2) or sub-section (3) or sub-section
as the case may be, for another district.
(6), only if he has been in practice as an
(4) The District Magistrate shall, in advocate for not less than seven years.
consultation with the Sessions Judge, prepare
(8) The Central Government or the State
a panel of names of persons, who are, in his
Government may appoint, for the purposes of
opinion fit to be appointed as Public
any case or class of cases, a person who has
Prosecutors or Additional Public Prosecutors
been in practice as an advocate for not less
for the district.
than ten years as a Special Public Prosecutor:
(5) No person shall be appointed by the State
Proviso- the Court may permit the victim to
Government as the Public Prosecutor or
engage an advocate of his choice to assist the
Additional Public Prosecutor for the district
prosecution under this sub-section.
unless his name appears in the panel of names
prepared by the District Magistrate under sub- (9) For the purposes of sub-section (7) and
section (4). sub-section (8), the period during which a
person has been in practice as a pleader, or has
(6) where in a State there exists a regular
rendered (whether before or after the
Cadre of Prosecuting Officers, the State
commencement of this Code) service as a
Government shall appoint a Public Prosecutor
Public Prosecutor or as an Additional Public
or an Additional Public Prosecutor only from
Prosecutor or Assistant Public Prosecutor or
among the persons constituting such Cadre:
other Prosecuting Officer, by whatever name
Proviso - where, in the opinion of the State called, shall be deemed to be the period during
Government, no suitable person is available in which such person has been in practice as an
such Cadre for such appointment that advocate.
Government may appoint a person as Public
Section 25- Assistant Public prosecutors
Prosecutor or Additional Public Prosecutor, as
(1) The State Government or central govt shall (3) The Head of the Directorate of Prosecution
appoint in every district one or more Assistant shall be the Director of Prosecution, who shall
Public Prosecutors for conducting function under the administrative control of
prosecutions in the Courts of Magistrates. the Head of the Home Department in the State.
(2) Save as otherwise provided in sub-section (4) Every Deputy Director of Prosecution shall
(3), no police officer shall be eligible to be be subordinate to the Director of Prosecution.
appointed as an Assistant Public Prosecutor.
(5) Every Public Prosecutor, Additional Public
(3) Where no Assistant Public Prosecutor is Prosecutor and Special Public Prosecutor
available for the purposes of any particular appointed by the State Government under sub-
case, the District Magistrate may appoint any section (1), or as the case may be, sub-section
other person to be the Assistant Public (8) of section 24 to conduct cases in the High
Prosecutor in charge of that case: Court shall be subordinate to the Director of
Prosecution.
Provided that a police officer shall not be so
appointed— (6) Every Public Prosecutor, Additional Public
Prosecutor and Special Public Prosecutor
(a) if he has taken any part in the investigation
appointed by the State Government under sub-
into the offence with respect to which the
section (3), or as the case may be, sub-section
accused is being prosecuted; or
(8) of section 24 to conduct cases in District
(b) if he is below the rank of Inspector Courts and every Assistant Public Prosecutor
appointed under sub-section (1) of section 25
Section 25A - Directorate of Prosecution shall be subordinate to the Deputy Director of
(1) The State Government may establish a Prosecution.
Directorate of Prosecution consisting of a (7) The powers and functions of the Director
Director of Prosecution and as many Deputy of Prosecution and the Deputy Directors of
Directors of Prosecution as it thinks fit. Prosecution and the areas for which each of
(2) A person shall be eligible to be appointed the Deputy Directors of Prosecution have been
as a Director of Prosecution or a Deputy appointed shall be such as the State
Director of Prosecution, only if he has been in Government may, by notification, specify.
practice as an advocate for not less than ten (8) The provisions of this section shall not
years and such appointment shall be made apply to the Advocate General for the State
with the concurrence of the Chief Justice of while performing the functions of a Public
the High Court. Prosecutor.
CHAPTER III (3) (iii) any other Court by which such
offence is shown in the First Schedule to be
POWER OF COURTS (26 -35)
triable
Section 26
Proviso : offence under section 376, section
Courts by which offences are triable 376A, section 376B, section 376C,section
376D or section 376E of the Indian Penal
26(a) any offence under the Indian Penal Code Code (45 of 1860) shall be tried as far as
(45 of 1860) may be tried by practicable by a Court presided over by a
(i) the High Court, or woman

(ii) the Court of Session, or

26(b) any offence under any other law shall be except a sentence of death or of imprisonment
tried by any Court mentioned in such law and for life or of imprisonment for a term
when no Court is so mentioned, may be tried exceeding seven years.
by—
29(2) The Court of a Magistrate of the first
(i) the High Court, or class may pass a sentence of imprisonment for
a term not exceeding three years, or of fine not
(ii) any other Court by which such offence
exceeding 1[ten thousand rupees], or of both.
is shown in the First Schedule to be triable
29(3) The Court of Magistrate of the second
Section 27
class may pass a sentence of imprisonment for
Jurisdiction in the case of juveniles a term not exceeding one year, or of fine not
exceeding 2[five thousand rupees], or of both.
Any offence not punishable with death or
imprisonment for life, committed by any 29(4) The Court of a Chief Metropolitan
person who at the date when he appears or is Magistrate shall have the powers of the Court
brought before the Court is under the age of of a Chief Judicial Magistrate and that of a
sixteen years, may be tried by the Court of a Metropolitan Magistrate, the powers of the
Chief Judicial Magistrate, or by any Court Court of a Magistrate of the first class.
specially empowered under the Children Act,
Section 30
1960 (60 of 1960), or any other law for the
time being in force providing for the Sentence of imprisonment in default of fine.
treatment, training and rehabilitation of
30(1) The Court of a Magistrate may award
youthful offenders.
such term of imprisonment in default of
Sentencing power (S.28 -31) payment of fine as authorised by law:
Section 28 Proviso
Sentences which High Courts and Sessions (a)The term is not in excess of the powers
Judges may pass of the Magistrate under section 29;
28(1) A High Court may pass any sentence (b) where imprisonment has been awarded
authorised by law. as part of the substantive sentence(sentence
mentioned in substantive law eg,ipc) the term
28(2) A Sessions Judge or Additional Sessions
shall not exceed one-fourth of the term of
Judge may pass any sentence authorised by
imprisonment which the Magistrate is
law; but any sentence of death passed by any
competent to inflict as punishment for the
such Judge shall be subject to confirmation by
offence otherwise than(means in any way
the High Court.
except the way that you are mentioning )as
(3) An Assistant Sessions Judge may pass any imprisonment in default of payment of the
sentence authorised by law except a sentence fine.
of death or of imprisonment for life or of
30(2) The imprisonment awarded under this
imprisonment for a term exceeding ten years.
section may be in addition to a substantive
Section 29 sentence of imprisonment for the maximum
term awardable by the Magistrate under
Sentences which Magistrates may pass section 29.
29(1) The Court of a Chief Judicial Magistrate Section 31
may pass any sentence authorised by law
Sentence in cases of conviction of several span ,bigger punishments no issue for small
offences at one trial punishment concurrent or consecutive
clashesTried in one, currently in jail again
31(1) When a person is convicted at one trial
tried for other offence- will serve
of two or more offences ,subject to the
consecutivelyEg while serving in jail for
provisions of section 71(limitation of
murder tried for rape will serve punishment
punishment of offence)of the Indian Penal
one after the other or if court say may be
Code (45 of 1860), the court may sentence
concurrently.]
him to the several punishments prescribed
,which such Court is competent to inflict; Duryodhan Rout vs state of Orissa
unless the Court directs that such punishments (2014(3)KHCSN 21)
shall run concurrently such punishments
The accused was convicted and sentenced
consisting of imprisonment commences one
under S.201,S.302, S376(1) of IPC .He was
after the expiration of the other in such order
sentenced for life imprisonment under S302,
as the Court may direct.
RI for 10 years under S376(f) and RI for 1
31(2) In the case of consecutive sentences, it is year under S201 IPC. The court ordered to run
not necessary to send the offender for trial consecutively. The supreme court held that if a
before a higher Court for the reason that the person is sentenced for serval offences
aggregate punishment for the several offences including one that of life imprisonment no
is in excess of the punishment which it is consecutive sentence can be imposed .In this
competent to inflict on conviction of a single case sentence was modified by directing all
offence. sentences imposed under three offences to run
concurrently.
Proviso
Conferring powers (S.32-34)
(a) in no case shall such person be sentenced
to imprisonment for a longer period than Section 32
fourteen years;
Mode of conferring powers
(b) the aggregate punishment shall not exceed
32(1) In conferring powers under this Code,
twice the amount of punishment which the
the High Court or the State Government, as
Court is competent to inflict for a single
the case may be, may, by order, empower
offence.
persons specially by name or in virtue of their
31(3) For the purpose of appeal by a convicted offices or classes of officials generally be their
person, the aggregate of the consecutive official titles.
sentences passed against him under this
32(2) Every such order shall take effect from
section shall be deemed to be a single
the date on which it is communicated to the
sentence.
person so empowered.
[Consecutive – concurrent : eg; A murdered 8
Section 33
members of a family and to attempt murder of
one [Link] with rigorous Powers of officers appointed
imprisonment for attempt of murder and eight
life sentences for 8 murders ,the combined Whenever any person holding an office in the
sentences were to run consecutively the court service of Government who has been invested
[Link] he can serve life imprisonment on 8 by the High Court or the State Government
counts with one life? Life imprisonment life with any powers under this Code is to an equal
or higher office of the same nature throughout
any local area in which he is appointed, he TRIAL BEFORE A COURT OF SESSION
shall, unless the High Court or the State (S. 225 -237)
Government, as the case may be, otherwise(in
1. Trial to be conducted by Public Prosecutor
a different way)directs, or has otherwise
2. Opening case for prosecution
directed, exercise the same powers in the local
3. Discharge
area in which he is so appointed.
4. Framing of charge
Section 34 5. Conviction on plea of guilty
6. Date for prosecution evidence
Withdrawal of powers
7. Evidence for prosecution
34(1) The High Court or the State Government 8. Acquittal
may withdraw all or any of the powers 9. Entering upon defence
conferred by it under this Code on any person 10. Arguments
or by any officer subordinate to it. 11. Judgment of acquittal or conviction
12. Previous conviction
34(2) Any powers conferred by the Chief 13. Procedure in cases instituted under section
Judicial Magistrate or by the District 199(2)
Magistrate may be withdrawn by the
respective Magistrate by whom such powers Section 225 - Trial to be conducted by
were conferred. Public Prosecutor

Section 35 In every trial before a Court of Session, the

prosecution shall be conducted by a Public
Powers of Judges and Magistrates Prosecutor.
exercisable by their successors-in-office
Section 226 - Opening case for prosecution
35(1)The powers and duties of a Judge or
Magistrate may be exercised or performed by When the accused appears or is brought before
his successor-in-office. the Court in pursuance (engagement in activity
/course of action)of a commitment of the case
35(2) When there is any doubt as to who is the under section 209, the prosecutor shall open
successor-in-office of any Additional or his case by describing the charge brought
Assistant Sessions Judge, the Sessions Judge against the accused and stating the evidence
shall determine by order in writing the Judge that proves the guilt of the accused.
who shall, for the purposes of this Code or of
any proceedings or order thereunder, be Section 227- Discharge
deemed to be the successor-in-office of such
If, upon consideration of the record of the case
Additional or Assistant Sessions Judge.
and the documents submitted therewith(with
35(3) When there is any doubt as to who is the or in thing mentioned/soon or immediately
successor-in-office of any Magistrate, the after that) and after hearing the submissions of
Chief Judicial Magistrate, or the District the accused and the prosecution if the Judge
Magistrate, as the case may be, shall considers that there is not sufficient ground for
determine by order in writing the Magistrate proceeding against the accused, he shall
who shall, for the purpose of this Code or of discharge the accused and record his reasons
any proceedings or order thereunder, be for doing so.
deemed to be the successor-in-office of such
Section 228 - Framing of charge
Magistrate.
CHAPTER XVIII (18)
228(1) After the consideration and hearing as witnesses have been examined or recall any
aforesaid, if the Judge is of opinion that there witness for further cross-examination.
is ground for presuming that the accused has
Section 232 - Acquittal
committed an offence which—
If, after taking the evidence for the
(a) is not exclusively triable by the Court
prosecution, examining the accused and
of Session, he may, frame a charge against the
hearing the prosecution and the defence on the
accused and, by order, transfer the case for
point, the Judge considers that there is no
trial to the Chief Judicial Magistrate,[or any
evidence that the accused committed the
other Judicial Magistrate of the first class]
offence, the Judge shall record an order of
shall try the offence in accordance with the
acquittal.
procedure for the trial of warrant-cases
instituted on a police report; Section 233- Entering upon defence
(b) is exclusively triable by the Court, he 233(1)If the accused is not acquitted under
shall frame in writing a charge against the section 232, then he shall be called upon to
accused. enter on his defence and adduce any evidence
to support defence
228(2) If the Judge frames any charge under
228(1)(b) then the charge shall be read and 233(2) If the accused puts in any written
explained to the accused and the accused statement, the Judge shall file it with the
shall(obligation/mandatory)be asked whether record.
he pleads guilty of the offence charged or
claims to be tried. 233(3) on application of the accused the judge
shall issue any process for compelling the
Section 229 - Conviction on plea of guilty attendance and production of any witness and
any document or other things, unless he
If the accused pleads guilty, the Judge shall
considers that the application is to be refused
record the plea and may, in his discretion,
because it is made for the purpose of
convict him.
vexation(the state of being annoyed or
Section 230 - Date for prosecution evidence frustrated or worried) or delay or for defeating
the ends of the justice.
If the accused refuses to plead, or does not
plead, or claims to be tried or is not convicted Section 234- Arguments
under section 229, the Judge shall fix a date
When the examination of the witnesses (if
for the examination of witnesses, and may on
any) for the defence is complete, the
the application of the prosecution, issue any
prosecutor shall sum up his case and the
process for compelling the attendance of any
accused or his pleader shall be entitled to reply
witness or the production of any document or
other thing. Proviso - where any point of law is raised by
the accused or his pleader, the prosecution
Section 231- Evidence for prosecution
may, with the permission of the Judge, make
231(1) On the date so fixed, the Judge shall his submissions with regard to such point of
proceed to take all evidence produced in law.
support of the prosecution.
Section 235 - Judgment of acquittal or
(2) The Judge may, in his discretion, permit conviction
the cross-examination of any witness to be
deferred (postpone)until any other witness or
(1) After hearing arguments and points of law Indian Penal Code (45 of 1860) by President
(if any), the Judge shall give a judgment in the of India etc]
case.
237(2) Every trial under this section shall be
(2) If the accused is convicted, the Judge shall held in camera if either party so desires or if
proceeds in accordance with the provisions of the Court thinks fit so to do.
section 360(order to release on probation of
237(3) In any case ,Court discharges or acquits
good conduct or after admonition- firm
all or any of the accused , is of opinion that
warning) hear the accused on the questions of
there was no reasonable cause for making the
sentence, and then pass sentence on him
accusation against them or any of them, by the
according to law.
order of discharge or acquittal, may direct the
Section 236 - Previous conviction person(opposite party) against whom the
offence was alleged to have been committed
In a case where a previous conviction is
(other than the President, Vice-President or the
charged under the provisions of sub-section
Governor of a State or the Administrator of a
(7) of section 211(Contents of charge) and the
Union territory) to show cause why he should
accused does not admit that he has been
not pay compensation to such accused or to
previously convicted as alleged in the charge,
each or any of such accused, when there are
the Judge may, after he has convicted the said
more than one.
accused under section 229 or section 235, take
evidence in respect of the alleged previous 237(4) The Court shall record and consider
conviction, and shall record a finding thereon: any cause which may be shown by the person
so directed, and if it is satisfied that there was
Proviso- no such charge shall be read out by
no reasonable cause for making the
the Judge nor shall the accused be asked to
accusation, it may, for reasons to be recorded,
plead thereto nor shall the previous conviction
make an order that compensation to such
be referred to by the prosecution or in any
amount not exceeding one thousand rupees, as
evidence adduced by it, unless and until the
it may determine, be paid by such person to
accused has been convicted under section 229
the accused or to each or any of them.
or section 235
237(5) Compensation awarded under sub-
Section 237 - Procedure in cases instituted
section (4) shall be recovered as if it were a
under section 199(2)
fine imposed by a Magistrate.
237(1) A Court of Session taking cognizance
237(6)Person who has been directed to pay
of an offence under sub-section (2) of section
compensation under sub-section (4) by reason
199 shall try the case in accordance with the
of such order shall not be exempted from any
procedure for the trial of warrant-cases or on a
civil or criminal liability in respect of the
police report before a Court of Magistrate.
complaint made under this section
Proviso - the person against whom the offence
Proviso- any amount paid to an accused
is alleged to have been committed shall, unless
person under this section shall be taken into
the Court of Session, for reasons to be
account in awarding compensation to such
recorded, otherwise directs, be examined as a
person in any subsequent civil suit relating to
witness for the prosecution.
the same matter.
[199 -Prosecution for defamation (2) Notwith
237(7) The person who has been ordered
standing anything contained in this Code,
under sub-section (4) to pay compensation
when any offence under Chapter XXI of the
may appeal from the order, in so far as it of the Indian Penal Code(45 of 1860), where
relates to the payment of compensation, to the the value of such property does not exceed two
High Court. thousand rupees
237(8) When an order for payment of (v) offences under sections 454 and 456 of
compensation to an accused person is made, the Indian Penal Code (45 of 1860)
the compensation shall not be paid to him
(vi) insult with intent to provoke a breach
before the period allowed for the presentation
of the peace, under section 504, and 2[criminal
of the appeal has elapsed, or, if an appeal is
intimidation punishable with imprisionment
presented, before the appeal has been decided.
for a term which may extend to two years, or
CHAPTER XXI (21) with fine, or with both], under section 506 of
the Indian Penal Code (45 of 1860);
SUMMARY TRIALS ( S.260-265)
(vii) abetment of any of the foregoing
1. Power to try summarily
offences;
2. Summary trial by Magistrate of the
second class (viii) an attempt to commit any of the
3. Procedure for summary trials foregoing offences, when such attempt is an
4. Record in summary trials offence;
5. Judgment in cases tried summarily
(ix) any offence constituted by an act in
6. Language of record and judgment
respect of which a complaint may be made
Section 260 - Power to try summarily under section 20 of the Cattle-trespass Act,
1871 (1 of 1871).
260(1)
260(2) When, in the course of a summary trial
(a) any Chief Judicial Magistrate;
it appears to the Magistrate that the nature of
(b) any Metropolitan Magistrate; the case is such that it is undesirable to try it
summarily, the Magistrate shall recall any
(c) any Magistrate of the first class specially witnesses who may have been examined and
empowered in this behalf by the High Court, proceed to re-hear the case in the manner
may, if he thinks fit, try in a summary way all provided by this Code.
or any of the following offences:—
Section 261-Summary trial by Magistrate of
(i) offences not punishable with death, the second class
imprisonment for life or imprisonment for a
term exceeding two years; The High Court may confer on any Magistrate
invested with the powers of a Magistrate of the
(ii) theft, under section 379, section 380 or second class power to try summarily any
section 381 of the Indian Penal Code (45 of offence which is punishable only with fine or
1860), where the value of the property stolen with imprisonment for a term not exceeding
does not exceed two thousand rupees six months with or without fine, and any
(iii) receiving or retaining stolen property, abetment of or attempt to commit any such
under section 411 of the Indian Penal Code offence.
(45 of 1860), where the value of the property Section 262 - Procedure for summary trials
does not exceed two thousand rupees
262(1) In trials under this Chapter, the
(iv) assisting in the concealment or procedure specified for the trial of summons-
disposal of stolen property, under section 414 case shall be followed except as metioned
262(2) No sentence of imprisonment for a 265(2) The High Court may authorise any
term exceeding three months shall be passed Magistrate empowered to try offences
in the case of any conviction under this summarily to prepare the aforesaid record or
Chapter judgment or if an officer appointed in this
behalf by the Chief Judicial Magistrate, and
Section 263- Record in summary trials
the record or judgment so prepared shall be
In case of summary trail, the Magistrate shall signed by such Magistrate.
enter, in such a form as directed by State
CHAPTER XVII (17)
Government containing following particulars,
namely:— THE CHARGE
(a) the serial number of the case; A- Form of charges (S.211 -217)
(b) the date of the commission of the offence; B -Joinder of charges (S.218 -224)
(c) the date of the report or complaint; A- Form of charges (S.211 -17)
(d) the name of the complainant (if any); 1. Contents of charge
2. Particulars as to time, place and person
(e) the name, parentage and residence of the
3. When manner of committing offence must
accused;
be stated
(f) the offence complained of and the offence 4. Words in charge taken in sense of law
(if any) proved, and in cases coming under under which offence is punishable
clause (ii), clause(iii) or clause (iv) of sub- 5. Effect of errors
section (1) of section 260, the value of the 6. Alteration of charge by court
property in respect of which the offence has 7. Recall of witnesses when charge altered
been committed;
Section 211 - Contents of charge
(g) the plea of the accused and his examination
(1) Every charge under this Code shall state
(if any);
the offence with which the accused is charged.
(h) the finding;
(2) If the law which creates the offence gives
(i) the sentence or other final order; it any specific name, the offence may be
described in the charge by that name only.
(j) the date on which proceedings terminated
(3) If the law which creates the offence does
Section 264 - Judgment in cases tried not give it any specific name, so much of the
summarily definition of the offence must be stated as to
In every case tried summarily in which the give the accused notice of the matter with
accused does not plead guilty, the Magistrate which he is charged.
shall record the substance of the evidence and Illustration :
a judgment containing a brief statement of the
reasons for the finding A is charged under section 184 of the Indian
Penal Code (45 of 1860) with intentionally
Section 265- Language of record and obstructing a sale of property offered for sale
judgment by the lawful authority of a public servant.
265(1) Every such record and judgment shall The charge should be in those words
be written in the language of the Court.
(4) The law and section against which the (c) A is accused of murder, cheating, theft,
offence is said to be committed shall be extortion, adultery or criminal intimidation, or
mentioned in the charge. using a false property-mark. The charge may
state that A committed murder, or cheating, or
(5) The fact that the charge is made is
theft, or extortion, or adultery, or criminal
equivalent to a statement that every legal
intimidation, or that he used a false property-
condition required by law to constitute the
mark, without reference to the definitions, of
offence charged was fulfilled in the particular
those crimes contained in the Indian Penal
case.
Code (45 of 1860); but the sections under
(6) The charge shall be written in the language which the offence is punishable must, in each
of the Court. instance be referred to in the charge.

(7) If the accused, having been previously Section 212 - Particulars as to time, place
convicted of any offence, is liable, by reason and person
of such previous conviction, to enhanced
212(1) The charge shall contain particulars as
punishment, or to punishment of a different
to the time and place of the alleged offence,
kind, for a subsequent offence, and it is
and the person (if any) against whom, or the
intended to prove such previous conviction for
thing (if any) in respect of which, it was
the purpose of affecting the punishment which
committed, as are reasonably sufficient to give
the Court may think fit to award for the
the accused notice of the matter with which he
subsequent offence, the fact, date and place of
is charged.
the previous conviction shall be stated in the
charge; and if such statement has been 212 (2) When the accused is charged with
omitted, the Court may add it at any time criminal breach of trust or dishonest
before sentence is passed. misappropriation of money or other movable
property, it is sufficient to specify the gross
Illustrations
sum or describe the movable property and the
(a) A is charged with the murder of B. This is dates between which the offence is alleged to
equivalent to a statement that A's act fell have been committed, without specifying
within the definition of murder given in particular items or exact dates, and the charge
sections 299 and 300 of the Indian Penal Code so framed shall be deemed to be a charge of
(45 of 1860); that it did not fall within any of one offence within the meaning of section 219
the general exceptions of the said Code; and
Proviso - the time included between the first
that it did not fall within any of the five
and last of such dates shall not exceed one
exceptions to section 300, or that, if it did fall
year.
within Exception 1, one or other of the three
provisos to that exception applied to it. Section 213- When manner of committing
offence must be stated
(b) A is charged under section 326 of the
Indian Penal Code (45 of 1860), with When the nature of the case do not give the
voluntarily causing grievous hurt to B by accused sufficient notice of the matter with
means of an instrument for shooting. This is which he is charged as to the particulars
equivalent to a statement that the case was not mentioned in section 211and 212 then such
provided for by section 335 of the said Code, charge shall also contain particulars of the
and that the general exceptions did not apply manner in which the alleged offence was
to it. committed and it will be sufficient for that
purpose.
Illustrations been in possession of counterfeit coin, having
known at the time when he became possessed
(a) A is accused of the theft of a certain article
thereof that such coin was counterfeit,” the
at a certain time and place. The charge need
word "fraudulently" being omitted in the
not set out the manner in which the theft was
charge. Unless it appears that A was in fact
effected.
misled by this omission, the error shall not be
(b) A is accused of cheating B at a given time regarded as material.
and place. The charge must set out the manner
(b) A is charged with cheating B, and the
in which A cheated B.
manner in which he cheated B is not set out in
(c) A is accused of giving false evidence at a the charge or is set out incorrectly. A defends
given time and place. The charge must set out himself, calls witnesses and gives his own
that portion of the evidence given by A which account of the transaction. The Court may
is alleged to be false. infer from this that the omission to set out the
manner of the cheating is not material.
(d) A is accused of obstructing B, a public
servant, in the discharge of his public (c) A is charged with cheating B, and the
functions at a given time and place. The manner in which he cheated B is not set out in
charge must set out the manner in which A the charge. There were many transactions
obstructed B in the discharge of his functions. between A and B, and A had no means of
knowing to which of them the charge referred,
(e) A is accused of the murder of B at a given and offered no defence. The Court may infer
time and place. The charge need not state the from such facts that the omission to set out the
manner in which A murdered B. manner of the cheating was, in the case, a
(f) A is accused of disobeying a direction of material error.
the law with intent to save B from punishment. (d) A is charged with the murder of Khoda
The charge must set out the disobedience Baksh on the 21st January, 1882. In fact, the
charged and the law infringed. murdered person's name was Haidar Baksh,
Section 214 - Words in charge and the date of the murder was the 20th
January, 1882. A was never charged with any
In every charge words used in describing an murder but one, and had heard the inquiry
offence shall be deemed to be used in the before the Magistrate, which referred
sense of law under which such offence is exclusively to the case of Haidar Baksh. The
punishable. Court may infer from these facts that A was
Section 215 - Effect of errors not misled, and that the error in the charge was
immaterial.
No error in stating either the offence or the
particulars required to be stated in the charge, (e) A was charged with murdering Haidar
and no omission to state the offence or those Baksh on the 20th January, 1882, and Khoda
particulars, shall be regarded at any stage of Baksh (who tried to arrest him for that murder)
the case as material, unless the accused was in on the 21st January, 1882. When charged for
fact misled by such error or omission, and it the murder of Haidar Baksh, he was tried for
has occasioned a failure of justice. the murder of Khoda Baksh. The witnesses
present in his defence were witnesses in the
Illustrations case of Haidar Baksh. The Court may infer
(a) A is charged under section 242 of the from this that A was misled, and that the error
Indian Penal Code (45 of 1860), with "having was material.
Section 216 - Alteration of charge by court defeating the ends of the justice; the court
shall record the reasons in writing.
216(1) Any Court may alter or add to any
charge at any time before judgment is 217(b) to call any further witness whom the
pronounced. Court may think to be material.
216(2) Every such alteration or addition shall B—Joinder of charges (S 218-224)
be read and explained to the accused.
1. Separate charges for distinct offences
216(3) If the alteration or addition to a charge 2. Three offences of same kind within year
is such that proceeding immediately with the may be charged together
trial is likely to prejudice the accused in his 3. Trial for more than one offence
defence or the prosecutor in the conduct of the 4. Where it is doubtful what offence has been
case, the Court may, in its discretion proceed committed
with the trial as if the altered or added charge 5. When offence proved included in offence
had been the original charge. charged
6. What persons may be charged jointly
216(4) If the alteration or addition is such that
7. Withdrawal of remaining charges on
proceeding immediately with the trial is likely,
conviction on one of several charges
in the opinion of the Court, to prejudice the
accused or the prosecutor in the conduct of the Section 218 - Separate charges for distinct
case, the Court may either direct a new trial or offences
adjourn the trial for such period as may be
218(1) every distinct offence of which any
necessary.
person is accused shall be a separate charge,
216(5) If the offence stated in the altered or and every such charge shall be tried
added charge is one for the prosecution of separately:
which previous sanction is necessary, the case
Proviso -where the accused person, by an
shall not be proceeded with until such sanction
application in writing, so desires and the
is obtained, it can proceed if the sanction has
Magistrate is of opinion that such person is not
been already obtained for a prosecution on the
likely to be prejudiced thereby, the Magistrate
same facts as those on which the altered or
may try together all or any number of the
added charge is founded.
charges framed against such person.
Section 217 - Recall of witnesses when
218(2) Nothing in sub-section (1) shall affect
charge altered
the operation of the provisions of sections 219,
Whenever a charge is altered or added to by 220, 221 and 223
the Court after the commencement of the trial,
the prosecutor and the accused shall be
Illustration
allowed—
A is accused of a theft on one occasion, and
217(a) to recall or re-summon, and
of causing grievous hurt on another occasion.
examine with reference to such alteration or
A must be separately charged and separately
addition, any witness who may have been
tried for the theft and causing grievous hurt
examined, unless the court thinks that the
prosecutor or the accused desires to recall or Section 219 - Three offences of same kind
re- examine such witness is made for the within year may be charged together
purpose of vexation(the state of being annoyed
or frustrated or worried) or delay or for
(1) When a person is accused of more offences of, offences under sections 454 and 497 of the
than one of the same kind committed within Indian Penal Code (45 of 1860).
the space of twelve months from the first to
(c) A entices B-the wife of C, away from C,
the last of such offences, whether in respect of
with intent to commit adultery with B, and
the same person or not, he may be charged
then commits adultery with her. A may be
with, and tried at one trial for, any number of
separately charged with, and convicted of,
them not exceeding three.
offences under sections 498 and 497 of the
(2) Offences are said to be of same kind when Indian Penal Code (45of 1860).
they are punishable with the same amount of
(d) A has in his possession several seals,
punishment under the same section of the
knowing them to be counterfeit and intending
Indian Penal Code (45 of 1860) or of any
to use them for the purpose of committing
special or local law:
several forgeries punishable under section 466
Proviso - for the purposes of this section, an of the Indian Penal Code (45 of 1860). A may
offence punishable under section 379 of the be separately charged with, and convicted of,
Indian Penal Code(45 of 1860) shall be the possession of each seal under section 473
deemed to be an offence of the same kind as of the Indian Penal Code.
an offence punishable under section 380 of the
(e) With intent to cause injury to B, A
said Code, and that an offence punishable
institutes a criminal proceeding against him,
under any section of the said Code, or of any
knowing that there is no just or lawful ground
special or local law, shall be deemed to be an
for such proceeding, and also falsely accuses
offence of the same kind as an attempt to
B of having committed an offence, knowing
commit such offence, when such an attempt is
that there is no just or lawful ground for such
an offence.
charge. A may be separately charged with, and
Section 220 - Trial for more than one convicted of, two offences under section 211
offence of the Indian Penal Code (45 of 1860).
220(1) If one series of acts are connected (f) A, with intent to cause injury to B, falsely
together as to form the same transaction, more accuses him of having committed an offence,
than one offences are committed by the same knowing that there is no just or lawful ground
person then he may be charged with and tried for such charge. On the trial, A gives false
at one trial for every such offences evidence against B, intending thereby to cause
B to be convicted of a capital offence. A may
Illustration
be separately charged with, and convicted of,
(a) A rescues B -a person in lawful custody, offences under sections 211 and 194 of the
and in so doing causes grievous hurt to C-a Indian Penal Code (45 of 1860).
constable in whose custody B was. A may be
(g) A, with six others, commits the offences of
charged with, and convicted of, offences under
rioting, grievous hurt and assaulting a public
sections 225 and 333 of the Indian Penal Code
servant endeavouring in the discharge of his
(45 of 1860).
duty as such to suppress the riot. A may be
(b) A commits house-breaking by day with separately charged with, and convicted of,
intent to commit adultery, and commits, in the offences under sections 147, 325 and 152 of
house so entered, adultery with B's wife. A the Indian Penal Code (45 of 1860).
may be separately charged with, and convicted
(h) A threatens B, C and D at the same time
with injury to their persons with intent to
cause harm to them. A may be separately exposure. A may be separately charged with,
charged with, and convicted of, each of the and convicted of, offences under sections 317
three offences under section 506 of the Indian and 304 of the Indian Penal Code (45 of
Penal Code (45 of 1860). 1860).
The separate charges referred to in (l) A dishonestly uses a forged document as
illustrations (a) to (h), respectively, may be genuine evidence, in order to convict B, a
tried at the same time. public servant, of an offence under section 167
of the Indian Penal Code (45 of 1860). A may
220(2) When a person charged with one or
be separately charged with, and convicted of,
more offences of criminal breach of trust or
offences under sections 471 (read with section
dishonest misappropriation of property as
466) and 196 of that Code.
provided in sub-section (2) of section 212 or in
sub-section (1) of section 219, is accused of 220(4) If several acts, of which one or more
committing, for the purpose of facilitating or than one would by itself or themselves
concealing the commission of that offence or constitute an offence, constitute when
those offences, one or more offences of combined a different offence, the person
falsification of accounts, he may be charged accused of them may be charged with, and
with, and tried at one trial for, every such tried at one trial for the offence constituted by
offence. such acts when combined, and for any offence
constituted by any one, or more, of such acts.
220(3) If the acts alleged constitute an offence
falling within two or more separate definitions Illustration
of any law in force for the time being by
(m) A commits robbery on B, and in doing so
which offences are defined or punished, the
voluntarily causes hurt to him. A may be
person accused of them may be charged with,
separately charged with, and convicted of,
and tried at one trial for, each of such
offences under sections 323, 392 and 394 of
offences.
the Indian Penal Code (45 of 1860).
Illustrations
220(5) Nothing contained in this section shall
(i) A wrongfully strikes B with a cane. A may affect section 71 of the Indian Penal Code (45
be separately charged with, and convicted of, of 1860).
offences under sections 352 and 323 of the
Section 221 - Where it is doubtful what
Indian Penal Code (45 of 1860).
offence has been committed
(j) Several stolen sacks of corn are made over
221(1) If a single act or series of acts is of
to A and B, who knew they are stolen
such a nature that it is doubtful which of
property, for the purpose of concealing them.
several offences the facts which can be proved
A and B thereupon voluntarily assist each
will constitute, the accused may be charged
other to conceal the sacks at the bottom of a
with having committed all or any of such
grain-pit. A and B may be separately charged
offences, and any number of such charges may
with, and convicted of, offences under sections
be tried at once; or he may be charged in the
411 and 414 of the Indian Penal Code (45 of
alternative with having committed some one
1860).
of the said offences.
(k) A exposes her child with the knowledge
221(2) If in such a case the accused is charged
that she is thereby likely to cause its death.
with one offence, and it appears in evidence
The child dies in consequence of such
that he committed a different offence for
which he might have been charged under the minor offence, although he is not charged with
provisions of sub-section (1), he may be it.
convicted of the offence which he is shown to
222(3) When a person is charged with an
have committed, although he was not charged
offence, he may be convicted of an attempt to
with it.
commit such offence although the attempt is
Illustrations not separately charged.
(a) A is accused of an act which may amount 222(4) Nothing in this section shall be deemed
to theft, or receiving stolen property, or to authorise a conviction of any minor offence
criminal breach of trust or cheating. He may where the conditions requisite for the initiation
be charged with theft, receiving stolen of proceedings in respect of that minor offence
property, criminal breach of trust and cheating, have not been satisfied.
or he may be charged with having committed
Illustrations
theft, or receiving stolen property, or criminal
breach of trust or cheating. (a) A is charged, under section 407 of the
Indian Penal Code (45 of 1860), with criminal
(b) In the case mentioned, A is only charged
breach of trust in respect of property entrusted
with theft. It appears that he committed the
to him as a carrier. It appears, that he did
offence of criminal breach of trust, or that of
commit criminal breach of trust under section
receiving stolen goods. He may be convicted
406 of that Code in respect of the property, but
of criminal breach of trust or of receiving
that it was not entrusted to him as a carrier. He
stolen goods (as the case may be), though he
may be convicted of criminal breach of trust
was not charged with such offence.
under the said section 406.
(c) A states on oath before the Magistrate that
(b) A is charged, under section 325 of the
he saw B hit C with a club. Before the
Indian Penal Code (45 of 1860), with causing
Sessions Court A states on oath that B never
grievous hurt. He proves that he acted on
hit C. A may be charged in the alternative and
grave and sudden provocation. He may be
convicted of intentionally giving false
convicted under section 335 of that Code.
evidence, although it cannot be proved which
of these contradictory statements was false. Section 223- What persons may be charged
jointly.—The following persons may be
Section 222 - When offence proved
charged and tried together, namely:—
included in offence charged
(a) persons accused of the same offence
222(1) When a person is charged with an
committed in the course of the same
offence consisting of several particulars, a
transaction;
combination of some only of which constitutes
a complete minor offence, and such (b) persons accused of an offence and persons
combination is proved, but the remaining accused of abetment of, or attempt to commit,
particulars are not proved, he may be such offence;
convicted of the minor offence, though he was
not charged with it. (c) persons accused of more than one offence
of the same kind, within the meaning of
222(2) When a person is charged with an section 219 committed by them jointly within
offence and facts are proved which reduce it to the period of twelve months;
a minor offence, he may be convicted of the
(d) persons accused of different offences conducting the prosecution, may, with the
committed in the course of the same consent of the Court, withdraw the remaining
transaction; charge or charges, or the Court of its own
accord may stay the inquiry into, or trial of,
(e) persons accused of an offence which
such charge or charges and such withdrawal
includes theft, extortion, cheating, or criminal
shall have the effect of an acquittal on such
misappropriation, and persons accused of
charge or charges, unless the conviction be set
receiving or retaining, or assisting in the
aside, in which case the said Court (subject to
disposal or concealment of, property
the order of the Court setting aside the
possession of which is alleged to have been
conviction) may proceed with the inquiry into,
transferred by any such offence committed by
or trial of, the charge or charges so withdrawn.
the first-named persons, or of abetment of or
attempting to commit any such last-named CHAPTER XX (20)
offence;
TRIAL OF SUMMONS-CASES BY
(f) persons accused of offences under sections MAGISTRATES (S 251 -259)
411 and 414 of the Indian Penal Code (45 of
1. Substance of accusation to be stated.
1860) or either of those sections in respect of
2. Conviction on plea of guilty
stolen property the possession of which has
3. Conviction on plea of guilty in absence of
been transferred by one offence;
accused in petty cases
(g) persons accused of any offence under 4. Procedure when not convicted
Chapter XII of the Indian Penal Code (45 of 5. Acquittal or conviction
1860) relating to counterfeit coin and persons 6. Non-appearance or death of complainant
accused of any other offence under the said 7. Withdrawal of complaint
Chapter relating to the same coin, or of 8. Power to stop proceedings in certain cases
abetment of or attempting to commit any such 9. Power of Court to convert summons-cases
offence; and the provisions contained in the into warrant-cases
former part of this
Section 251 - Substance of accusation to be
Proviso- where a number of persons are stated
charged with separate offences and such
When the accused appears or is brought before
persons do not fall within any of the categories
the Magistrate, the particulars of the offence of
specified in this section, the 1[Magistrate or
which he is accused shall be stated to him, and
Court of Session] may, if such persons by an
he shall be asked whether he pleads guilty or
application in writing, so desire, and 2[if he or
has any defence to make, but it shall not be
it is satisfied] that such persons would not be
necessary to frame a formal charge.
prejudicially affected thereby, and it is
expedient so to do, try all such persons Section 252 - Conviction on plea of guilty
together
If the accused pleads guilty, the Magistrate
Section 224 - Withdrawal of remaining shall record the plea as nearly as possible in
charges on conviction on one of several the words used by the accused and may, in his
charges discretion, convict him thereon.
When a charge containing more heads than Section 253- Conviction on plea of guilty in
one is framed against the same person, and absence of accused in petty cases
when a conviction has been had on one or
more of them, the complainant, or the officer
253(1) Where a summons has been issued accused not guilty, he shall record an order of
under section 206 and the accused desires to acquittal.
plead guilty to the charge without appearing
255(2) Where the Magistrate does not proceed
before the Magistrate, he shall transmit to the
in accordance with the provisions of section
Magistrate, by post or by messenger, a letter
325 or section 360, he shall, if he finds the
containing his plea and also the amount of fine
accused guilty, pass sentence upon him
specified in the summons.
according to law.
253(2) The Magistrate may, in his discretion,
255(3) A Magistrate may, under section 252 or
convict the accused in his absence, on his plea
section 255, convict the accused of any
of guilty and sentence him to pay the fine
offence triable under this Chapter, which from
specified in the summons, and the amount
the facts admitted or proved he appears to
transmitted by the accused shall be adjusted
have committed, whatever may be the nature
towards that fine, or where a pleader
of the complaint or summons, if the Magistrate
authorised by the accused in this behalf pleads
is satisfied that the accused would not be
guilty on behalf of the accused, the Magistrate
prejudiced thereby.
shall record the plea as nearly as possible in
the words used by the pleader and may, in his Section 256 - Non-appearance or death of
discretion,convict the accused on such plea complainant.
and sentence him as aforesaid.
256(1) If the summons has been issued on
Section 254 - Procedure when not convicted complaint, and on the day appointed for the
appearance of the accused, or any day
254(1) If the Magistrate does not convict the
subsequent thereto to which the hearing may
accused under section 252 or section 253, the
be adjourned, the complainant does not
Magistrate shall proceed to hear the
appear, the Magistrate shall, notwithstanding
prosecution and take all such evidence as may
anything hereinbefore contained, acquit the
be produced in support of the prosecution, and
accused, unless for some reason he thinks it
also to hear the accused and take all such
proper to adjourn the hearing of the case to
evidence as he produces in his defence.
some other day:
254(2) The Magistrate may, if he thinks fit, on
Proviso - where the complainant is represented
the application of the prosecution or the
by a pleader or by the officer conducting the
accused, issue a summons to any witness
prosecution or where the Magistrate is of
directing him to attend or to produce any
opinion that the personal attendance of the
document or other thing.
complainant is not necessary, the Magistrate
254(3) The Magistrate may, before may, dispense with his attendance and proceed
summoning any witness on such application with the case.
require that the reasonable expenses of the
256(2) The provisions of sub-section (1) shall,
witness incurred in attending for the purposes
so far as may be, apply also to cases where the
of the trial be deposited in Court.
non-appearance of the complainant is due to
Section 255 - Acquittal or conviction. his death.
255(1) If the Magistrate, upon taking the Section 257 - Withdrawal of complaint.
evidence referred to in section 254 and such
If a complainant, at any time before a final
further evidence, if any, as he may, of his own
order is passed in any case under this Chapter,
motion, cause to be produced, finds the
satisfies the Magistrate that there are sufficient
grounds for permitting him to withdraw his Section 304 -Legal aid to accused at State
complaint against the accused, or if there be expense in certain cases
more than one accused, against all or any of
304(1) Where, in a trial before the Court of
them, the Magistrate may permit him to
Session, the accused is not represented by a
withdraw the same, and shall thereupon acquit
pleader, and where it appears to the Court that
the accused against whom the complaint is so
the accused has not sufficient means to engage
withdrawn.
a pleader, the Court shall assign a pleader for
Section 258 - Power to stop proceedings in his defence at the expense of the State.
certain cases
304(2) The High Court may, with the previous
In any summons-case instituted otherwise than appproviding for—
upon complaint, a Magistrate of the first class
(a) the mode of selecting pleaders for
or, with the previous sanction of the Chief
defence under sub-section (1);
Judicial Magistrate, any other Judicial
Magistrate, may, for reasons to be recorded by (b) the facilities to be allowed to such
him, stop the proceedings at any stage without pleaders by the Courts;
pronouncing any judgment and where such
stoppage of proceedings is made after the (c) the fees payable to such pleaders by the
evidence of the principal witnesses has been Government, and generally, for carrying out
recorded, pronounce a judgment of acquittal, the purposes of sub-section (1).
and in any other case, release the accused, and 304(3) The State Government may, by
such release shall have the effect of discharge. notification, direct that, as from such date as
Section 259- Power of Court to convert may be specified in the notification, the
summons-cases into warrant-cases provisions of sub-sections (1) and (2) shall
apply in relation to any class of trials before
When in the course of the trial of a summons- other Courts in the State as they apply in
case relating to an offence punishable with relation to trials before Courts of Session.
imprisonment for a term exceeding six
months, it appears to the Magistrate that in the In state of kerala v Mohanan [1967 (2) KLT
interests of justice, the offence should be tried 64]it was held that if the accused is in custody
in accordance with the procedure for the trial and he has not engaged a counsel the court has
of warrant-cases, such Magistrate may proceed to see that he is defended by a legal
to re-hear the case in the manner provided by practitioner. If an accused refuses to have the
this Code for the trial of warrant-cases and service of a counsel, the court cannot trust it
may re-call any witness who may have been on him. No person accused of any offence,
examined whose personal liberty is in jeopardy shall be
denied of free legal aid at sate cost if he is not
LEGAL AID TO ACCUSED in a position to engage of lawyer for defending
him.
Section 303- Right of accused to be
defended In Kannan V State of kerala [1992 910 KLT
782] the kerala high court held that it is for the
Any person accused of an offence before a
court to assign the pleader to defend the case
Criminal Court, or against whom proceedings
for the accused if he has no sufficient means to
are instituted under this Code, may of right be
engage a pleader of his choice. In matter of
defended by a pleader of his choice.
selecting the advocate the accused has no
option. It is entirely for the court to assign a
pleader to defend the accused. The accused C–Conclusion of trial (S.248-250)
has no right to insist upon a particular pleader
1. Acquittal or conviction
to be appointed on his behalf at state expense
2. Absence of complainant
to defend his case
3. Compensation for accusation without
reasonable cause
A—Cases instituted on a police report
Section 238- Compliance with section 207
Any warrant-case instituted on a police report,
the accused appears or is brought before a
Magistrate at the commencement of the trial,
the Magistrate shall satisfy himself that he has
complied with the provisions of section 207.
Section 239 -When accused shall be
discharged
If, upon considering the police report and the
documents sent under section 173 and making
examination, if after giving the prosecution
and the accused an opportunity of being heard,
the Magistrate considers the charge against the
accused to be groundless, he shall discharge
the accused, and record his reasons for so
CHAPTER XIX doing.

TRIAL OF WARRANT-CASES BY Section 240-Framing of charge

MAGISTRATES (1) If, upon such consideration, examination
A.–Cases instituted on a police report and hearing, the Magistrate is of opinion that
(S.238- 243) there is ground for presuming that the accused
has committed an offence triable under this
1. Compliance with section 207 Chapter which such Magistrate is competent to
2. When accused shall be discharged. try and adequately punished by him, he shall
3. Framing of charge frame in writing a charge against the accused.
4. Conviction on plea of guilty
5. Evidence for prosecution (2) The charge shall then be read and
6. Evidence for defence. explained to the accused, and he shall be asked
whether he pleads guilty of the offence
B–Cases instituted otherwise than on police charged or claims to be tried.
report (S.244-247)
Section 241 -Conviction on plea of guilty
1. Evidence for prosecution
2. When accused shall be discharged If the accused pleads guilty, the Magistrate
3. Procedure where accused is not shall record the plea and may, in his
discharged discretion, convict him thereon
4. Evidence for defence. Section 242- Evidence for prosecution
(1) If the accused refuses to plead or does not witness before entering on his defence, the
plead, or claims to be tried or the Magistrate attendance of such witness shall not be
does not convict the accused under section compelled under this section, unless the
241, the Magistrate shall fix a date for the Magistrate is satisfied that it is necessary for
examination of witnesses the ends of justice.
Proviso - Magistrate shall supply in advance to (3) The Magistrate may, before summoning
the accused, the statement of witnesses any witness on an application under sub-
recorded during investigation by the police section (2), require that the reasonable
expenses incurred by the witness in attending
(2) The Magistrate may, on the application of
for the purposes of the trial be deposited in
the prosecution, issue a summons to any of its
Court.
witnesses directing him to attend or to produce
any document or other thing. B.—Cases instituted otherwise than on
police report
(3) On the date so fixed, the Magistrate shall
proceed to take all such evidence as may be Section 244 - Evidence for prosecution
produced in support of the prosecution:
(1) When, in any warrant-case instituted
Proviso- the Magistrate may permit the cross- otherwise than on a police report, the accused
examination of any witness to be deferred appears or is brought before a Magistrate, the
until any other witness or witnesses have been Magistrate shall proceed to hear the
examined or recall any witness for further prosecution and take all such evidence as may
cross-examination. be produced in support of the prosecution.
(2) The Magistrate may, on the application of
the prosecution, issue a summons to any of its
Section 243-Evidence for defence
witnesses directing him to attend or to produce
(1) The accused shall then be called upon to any document or other thing.
enter upon his defence and produce his
Section 245 -When accused shall be
evidence; and if the accused puts in any
discharged
written statement, the Magistrate shall file it
with the record. (1) If, upon taking all the evidence referred to
in section 244, the Magistrate considers, for
(2) If the accused, after he has entered upon
reasons to be recorded, that no case against the
his defence, applies to the Magistrate to issue
accused has been made out which, if
any process for compelling the attendance of
unrebutted, would warrant his conviction, the
any witness for the purpose of examination or
Magistrate shall discharge him.
cross-examination, or the production of any
document or other thing, the Magistrate shall (2) Nothing in this section shall be deemed to
issue such process unless he considers that prevent a Magistrate from discharging the
such application should be refused on the accused at any previous stage of the case if,
ground that it is made for the purpose of for reasons to be recorded by such Magistrate,
vexation or delay or for defeating the ends of he considers the charge to be groundless
justice and such ground shall be recorded by
Section 246 -Procedure where accused is
him in writing:
not discharged
Proviso- when the accused has cross-examined
(1) If, when such evidence has been taken, or
or had the opportunity of cross-examining any
at any previous stage of the case, the
Magistrate is of opinion that there is ground
for presuming that the accused has committed
an offence triable under this Chapter, which
such Magistrate is competent to try and
adequately punished by him, he shall frame in
writing a charge against the accused.
(2) The charge shall then be read and
explained to the accused, and he shall be asked
whether he pleads guilty or has any defence to
make.
(3) If the accused pleads guilty, the Magistrate
shall record the plea, and may, in his
discretion, convict him thereon.
(4) If the accused refuses to plead, or does not
plead or claims to be tried or if the accused is
not convicted under sub-section (3), he shall
be required to state, at the commencement of
the next hearing of the case, or, if the
Magistrate for reasons to be recorded in
writing so thinks fit, whether he wishes to
cross-examine any, and, if so, which, of the
witnesses for the prosecution whose evidence
has been taken.
(5) If he says he does so wish, the witnesses
named by him shall be recalled and, after
cross-examination and re-examination (if any),
they shall be discharged.
(6) The evidence of any remaining witnesses
for the prosecution shall next be taken, and
after cross examination and re-examination (if
any), they shall also be discharged.
Section 247-Evidence for defence
The accused shall then be called upon to enter
upon his defence and produce his evidence;
and the provisions of section 243 shall apply
to the case.
C—Conclusion of trial