Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
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13
Special Judicial Magistrates
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14
Local jurisdiction of Judicial Magistrates
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15
Subordination of Judicial Magistrates
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16
Courts of Metropolitan Magistrates
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17
Place of inquiry or trial
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17
Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates
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177
Ordinary place of inquiry and trial
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179
Offence triable where act is done or consequence ensues
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18
Special Metropolitan Magistrates
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18
Place of trial where act is an offence by reason of relation to other offence
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18
Offences committed by letters, etc
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18
Place of trial for offences triable together.- Where
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18
High Court to
decide, in case of doubt, district where inquiry or trial shall take place
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18
Offence committed outside India
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18
Receipt of
evidence relating to offences committed outside India
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181
Place of trial in case of certain offences
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183
Offence committed on journey or voyage
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185
Power to order cases to be tried in different sessions divisions
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187
Power to issue summons or warrant for offence committed beyond local jurisdiction
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19
Cognizance of
offences by Magistrates
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19
Making over of cases to Magistrates
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19
Additional and Assistant Sessions Judges to try cases made over to them
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19
Prosecution for offences against the State and for criminal conspiracy to commit such offence
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19
Prosecution for offences against marriage
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19
Subordination of Metropolitan Magistrates
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191
Transfer on application of the accused
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193
Cognizance of offences by Courts of Session
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195
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
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197
Prosecution of Judges and public servants
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199
Prosecution for defamation
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2
Definitions
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20
Executive Magistrates
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20
Examination of complainant
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20
Postponement of issue of process
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20
Issue of process
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20
Special summons in cases of petty offence
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20
Supply of copies of statements and documents to accused in other cases triable by Court of Session
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201
Procedure by Magistrate not competent to take cognizance of the case
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203
Dismissal of complaint
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203
Dismissal of complaint
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205
Magistrate may dispense with personal attendance of accused
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207
Supply to the accused of copy of police report and other documents
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209
Commitment of case to Court of Session when offence is triable exclusively by it
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21
Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
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21
Particulars as to time, place and person
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21
Words in charge taken in sense of law under which offence is punishable
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21
Court may alter charge
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21
Separate charges for distinct offences
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211
Contents of charge
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213
When manner of committing offence must be stated
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215
Effect of errors
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217
Recall of witnesses when charge altered
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219
Three offences of same kind within year may be charged together
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22
Local jurisdiction of Executive Magistrates
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22
Trial for more than one offence
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22
When offence proved included in offence charged
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22
Withdrawal of remaining charges on conviction on one of several charges
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22
Opening case for prosecution
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22
Framing of charge
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221
Trial for more than one offence
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223
What persons may be charged jointly
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225
Trial to be conducted by Public Prosecutor
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227
Discharge
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229
Conviction on plea of guilty
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23
Date for prosecution evidence
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23
Acquittal
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23
Arguments
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23
Previous conviction
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23
Compliance with section 207
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23
Subordination of Executive Magistrates
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231
Evidence for prosecution
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233
Entering upon defense
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235
Judgment of acquittal of conviction
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237
Procedure in cases instituted under section
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239
When accused shall be discharged
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24
Public Prosecutors
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24
Framing of charge
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24
Evidence for prosecution
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24
Evidence for prosecution
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24
Procedure where accused is not discharged
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24
Acquittal or conviction
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241
Conviction on plea of guilty
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243
Evidence for defense
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249
Absence of complainant
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25
Compensation for accusation without reasonable cause
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25
Conviction on plea of guilty
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25
Procedure when not convicted
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25
Non-appearance
or death of complainant
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25
Power to stop proceedings in certain cases
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25
Assistant Public Prosecutors
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251
Substance of accusation to be stated
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253
Conviction on plea of guilty in absence of accused in petty cases
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255
Acquittal or conviction
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257
Withdrawal of complaint
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259
Power of Court to convert summons-cases into warrant-cases
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26
Courts by which
offences are triable
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26
Power to try summarily
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26
Procedure for summary trials
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26
Judgment in cases tried summarily
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26
Definitions
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26
Power of State Government to exclude certain persons from operation of section 267
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261
Summary trial by Magistrate of the second class
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263
Record in summary trials
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265
Language of record and judgment
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267
Power to require attendance of prisoners
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269
Officer in charge of prison to abstain from carrying out order in certain contingencies
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27
Prisoner to be brought to Court in custody
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27
Language of Courts
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27
Record in summons cases and inquiries
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27
Record in trial before Court of Session
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27
Procedure in regard to such evidence when completed
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27
Jurisdiction in the case of juveniles
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271
Power to issue commission for examination of witness in prison
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273
Evidence to be taken in presence of accused
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275
Record in warrant-cases
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277
Language of record of evidence
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279
Interpretation of evidence to accused or his pleader
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28
Sentences which High Courts and Sessions Judges may pass
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28
Remarks respecting demeanour of witness
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28
Interpreter to be bound to interpret truthfully
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28
When attendance of witness may be dispensed with and commission issued
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28
Execution of commissions
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28
Return of commission
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281
Record of examination of accused
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283
Record in High Court
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285
Commission to whom to be issued
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287
Parties may examine witnesses
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289
Adjournment of proceeding
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29
Execution of foreign commissions
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29
Evidence of the officers of the Mint
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29
No formal proof of certain documents
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29
Evidence of formal character on affidavit
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29
Previous conviction or acquittal how proved
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29
Sentences which Magistrates may pass
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291
Deposition of medical witness
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293
Reports of certain Government scientific experts
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295
Affidavit in proof of conduct of public servant
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297
Authorities before whom affidavits may be sworn
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299
Record of evidence in absence of accused
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3
Construction of references
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30
Person once convicted or acquitted not to be tried for same offence
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30
Permission to conduct prosecution
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30
Legal aid to accused at State expense in certain cases
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30
Tender of pardon to accomplice
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30
Sentence of imprisonment in default of fine
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301
Appearance by Public Prosecutors
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303
Right of person against whom proceedings are instituted to be defended
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305
Procedure when corporation or registered society is an accused
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307
Power to direct tender of pardon
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309
Power to postpone or adjourn proceedings
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31
Sentence in cases of conviction of several offences at one trial
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31
Local inspection
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31
Expenses of complainants and witnesses
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31
Power to examine the accused
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31
Accused person to be competent witness
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31
Provision for inquiries and trial being held in the absence of accused in certain cases
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31
Power to proceed against other persons appearing to be guilty of offence
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311
Power to summon material witness, or examine person present
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314
Oral arguments and memorandum of arguments
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316
No influence to be used to induce disclosure
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318
Procedure where accused does not understand proceedings
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32
Procedure in cases which Magistrate cannot dispose
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32
Procedure when Magistrate cannot pass sentence sufficiently severe
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32
Court to be open
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32
Procedure in case of person of unsound mind tried before Court
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32
Mode of conferring powers
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320
Compounding of offences
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321
Withdrawal from prosecution
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323
Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
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324
Trial of persons previously convicted of offences against coinage, stamp-law or property
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326
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
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328
Procedure in case of accused being lunatic
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33
Powers of officers appointed
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33
Resumption of inquiry or trial
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33
When accused appears to have been of sound mind
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33
Person acquitted on such ground to be detained in safe custody
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33
Procedure where lunatic prisoner is reported capable of making his defence
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33
Delivery of lunatic to care of relative or friend
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330
Release of lunatic pending investigation or trial
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332
Procedure on accused appearing before Magistrate or Court
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334
Judgment of acquittal on ground of unsoundness of mind
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336
Power of State Government to empower officer in charge to discharge
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338
Procedure where lunatic detained is declared fit to be released
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34
Appeal
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34
Procedure of Magistrate taking cognizance
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34
Procedure in certain cases of contempt
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34
When Registrar or Sub-Registrar to be deemed a
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34
Imprisonment or committal of person refusing to answer or produce document
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34
Withdrawal of powers
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340
Procedure in cases mentioned in section 195
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342
Power to order costs
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344
Summary procedure for trial for giving false evidence
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346
Procedure where Court considers that case should not be dealt with under section 345
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348
Discharge of offender on submission of apology
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35
Powers of Judges and Magistrates exercisable by their successors-in-office
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35
Appeals from convictions under sections 344, 345, 349 and 350
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35
Judgment
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35
Metropolitan Magistrates judgment
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35
Order to pay compensation
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35
Order to pay costs in non-cognizable cases
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350
Summary procedure for punishment for non-attendance by a witness in obedience to summons
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352
Certain Judges and Magistrates not to try certain offences when committed before themselves
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354
Language and contents of judgment
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356
Order for notifying address of previously convicted offender
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358
Compensation to persons groundlessly arrested
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36
Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with
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36
Copy of judgment to be given to the accused and other persons
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36
Court of Session to send copy of finding and sentence to District Magistrate
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36
Power to direct further inquiry to be made or additional evidence to be taken
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36
Confirmation or new sentence to be signed by two Judges
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36
Powers of superior officers of police
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360
Order to release on probation of good conduct or after admonition
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362
Court not to alter judgment
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364
Judgment when to be translated
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366
Sentence of death to be submitted by Court of Session for confirmation
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368
Power of High Court to confirm sentence or annul conviction
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37
Public when to assist Magistrates and police
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37
Procedure in cases submitted to High Court for confirmation
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37
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
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37
No appeal in certain cases when accused pleads guilty
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37
Appeal by the State Government against sentence
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37
Appeal against conviction by High Court in certain cases
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370
Procedure in case of difference of opinion
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372
No appeals to lie unless otherwise provided
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374
Appeals from convictions
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376
No appeal in petty cases
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378
Appeal in case of acquittal
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38
Appeal to Court of Session how heard
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38
Procedure when appellant in jail
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38
Procedure for hearing appeals not dismissed summarily
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38
Judgments of subordinate Appellate Court
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38
Suspension of sentence pending the appeal
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38
Aid to person, other than police officer, executing warrant
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380
Special right of appeal in certain cases
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382
Petition of appeal
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384
Summary dismissal of appeal
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386
Powers of the Appellate Court
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388
Order of High Court on appeal to be certified to lower Court
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39
Public to give information of certain offences
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39
Appellate Court may take further evidence or direct it to be taken
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39
Finality of judgments and orders on appeal
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39
Reference to High Court
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39
Calling for records to exercise powers of revision
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39
Sessions Judges powers of revision
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390
Arrest of accused in appeal from acquittal
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392
Procedure where Judges of Court of Appeal are equally divided
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394
Abatement of appeal
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396
Disposal of case according to decision of High Court
View Details
398
Power to order inquiry
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4
Trial of offences under the Indian Penal Code and other laws
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40
High Courts powers of revision
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40
Option of Court to hear parties
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40
High Courts order to be certified to lower Court
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40
Power of High Court to transfer cases and appeals
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40
Withdrawal of cases and appeals by Sessions Judges
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40
Duty of officers employed in connection with the affairs of a village to make certain report.
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400
Power of Additional Sessions Judge
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402
Power of High Court to withdraw or transfer revision cases
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404
Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
View Details
406
Power to Supreme Court to transfer cases and appeals
View Details
408
Power of Sessions Judge to transfer cases and appeals
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41
When police may arrest without warrant
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41
Making over or withdrawal of cases by Executive Magistrates
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41
Execution of order passed under section 368
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41
Postponement of execution of sentence of death in case of appeal to Supreme Court
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41
Power to appoint place of imprisonment
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41
Direction of warrant for execution
View Details
410
Withdrawal of cases by Judicial Magistrates
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412
Reasons to be recorded
View Details
414
Execution of sentence of death passed by High Court
View Details
416
Postponement of capital sentence on pregnant woman
View Details
418
Execution of sentence of imprisonment
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42
Sentence on offender already sentenced for another offence
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42
Saving
View Details
420
Warrant with whom to be lodged
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428
Period of detention undergone by the accused to be set off against the sentence of imprisonment
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43
Arrest by Private person and procedure on such arrest
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43
Money ordered to be paid recoverable as a fine
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43
Power to commute sentence
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43
State Government to act after consultation with Central Government in certain cases
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43
When bail may be taken in case of non-bailable offence
View Details
430
Return of warrant on execution of sentence
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432
Power to suspend or remit sentences
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434
Concurrent power of Central Government in case of death sentences
View Details
436
In what cases bail to be taken
View Details
438
Direction for grant of bail to person apprehending arrest
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44
Amount of bond and reduction thereof
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44
Discharge from custody
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44
Discharge of sureties
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44
Procedure when bond has been forfeited
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44
Bond required from minor
View Details
44
Arrest by Magistrate
View Details
441
Bond of accused and sureties
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443
Power to order sufficient bail when that first taken in insufficient
View Details
445
Deposit instead of recognizance
View Details
447
Procedure in case of insolvency or death of surety or when a bond is forfeited
View Details
449
Appeal from orders under section 446
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45
Protection of members of the Armed Forces from arrest
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45
Power to direct levy of amount due on certain recognizances
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45
Order for disposal of property at conclusion of trial
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45
Appeal against orders under section 452 or section 453
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45
Power to restore possession of immovable property
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45
Procedure where no claimant appears within six months
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451
Order for custody and disposal of property pending trial in certain cases
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451
Order for custody and disposal of property pending trial in certain cases
View Details
453
Payment to innocent purchaser of money found on accused
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455
Destruction of libelous and other matter
View Details
457
Procedure by Police upon seizure of property
View Details
459
Power to sell perishable property
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46
Irregularities which do not vitiate proceedings
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46
Proceedings in wrong place
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46
Effect of omission to frame, or absence of, or error in, charge
View Details
46
Defect or error not to make attachment unlawful
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46
Bar to taking cognizance after lapse of the period of limitation
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46
Arrest how made
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461
Irregularities which vitiate proceedings
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463
Non-compliance with provisions of section 164 or section 281
View Details
465
Finding or sentence when reversible by reason of error, omission or irregularity
View Details
467
Definitions
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469
Commencement of the period of limitation
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47
Search of place entered by person sought to be arrested
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47
Exclusion of time in certain cases
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47
Continuing offence
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47
Trials before High Courts
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47
Forms
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47
Power to alter functions allocated to judicial and Executive Magistrates in certain cases
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47
Case in which Judge or Magistrate is personally interested
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471
Exclusion of date on which Court is closed
View Details
473
Extension of period of limitation in certain cases
View Details
475
Delivery to commanding officers of persons liable to be tried by Court-martial
View Details
477
Power of High Court to make rules
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48
Public servant concerned in sale not to purchase or bid for property
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48
Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
View Details
48
Pursuit of offenders into other jurisdictions
View Details
480
Practising pleader not to sit as Magistrate in certain Courts
View Details
482
Saving of inherent powers of High Court
View Details
484
Repeal and savings
View Details
49
No unnecessary
restraint
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5
Saving
View Details
50
Person arrested to be informed of grounds of arrest and of right to bail
View Details
51
Search of
arrested person
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53
Examination of accused by medical practitioner at the request of police officer
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54
Examination of arrested person by medical practitioner at the request of the arrested person
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55
Procedure when police officer deputes subordinate to arrest without warrant
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56
Person arrested to be taken before Magistrate or officer in charge of police station
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57
Person arrested not to be detained more than twenty-four hours
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59
Discharge of person apprehended
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6
Classes of Criminal Courts
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60
Power, on escape, to pursue and retake
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61
Form of summons
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62
Summons how served
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63
Service of summons on corporate bodies and societies
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64
Service when persons summoned cannot be found
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65
Procedure when service cannot be effected as before provided
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66
Service on Government
View Details
67
Service of summons outside local limits
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68
Proof of service in such cases and when serving officer not present
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69
Service of summons on witness by post
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7
Territorial divisions
View Details
70
Form of warrant of arrest and duration
View Details
71
Power to direct security to be taken
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72
Warrants to whom directed
View Details
73
Warrant may be directed to any person
View Details
74
Warrant directed to police officer
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75
Notification of substance of warrant
View Details
76
Person arrested to be brought before Court without delay
View Details
77
Where warrant may be executed
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78
Warrant forwarded for execution outside jurisdiction
View Details
79
Warrant directed to police officer for execution outside jurisdiction
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8
Metropolitan areas
View Details
80
Procedure on arrest of person against whom warrant issued
View Details
81
Procedure by Magistrate before whom such person arrested is brought
View Details
82
Proclamation for person absconding
View Details
83
Attachment of property of person absconding
View Details
84
Claims and objections to attachment
View Details
85
Release, sale and restoration of attached property
View Details
86
Appeal from order rejecting application for restoration of attached property
View Details
87
Issue of warrant in lieu of, or in addition to, summons
View Details
88
Power to take bond for appearance
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89
Arrest on breach of bond for appearance
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9
Court of Session
View Details
90
Provisions of this Chapter generally applicable to summonses and warrants of arrest