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479

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479

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Code of Criminal Procedure, 1973

CrPC

Code of Criminal Procedure, 1973 — all 484 sections explained simply in English, Hindi, and Hinglish with examples, FAQs, and know your rights

6 Severe14 Moderate4 Minor450 Info

✨ Section of the Day

Police PowersSeizure Of Property

Power of police officer to seize certain property

What does this law say? Section 102 of the CrPC gives police the power to seize property. This is done if the police think the property is stolen or connected to a crime. The police must report the seizure to their superiors and the Magistrate. Why does this law exist? This law helps police investigate crimes. It allows them to take control of items that might be evidence. This helps in finding the truth and bringing criminals to justice. Real-life impact If you have something that the police suspect is stolen, they can seize it. They must then report it to the Magistrate. This protects your rights and ensures a fair process. What happens if you break this law? This section is about police procedure. If a police officer doesn't follow the rules, it could affect the case. The seized property might not be accepted as evidence.

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Short title, extent and commencement

Construction of references

Trial of offences under the Indian Penal Code and other laws

Classes of Criminal Courts

Territorial divisions

Metropolitan areas

Court of Session

Subordination of Assistant Sessions Judges

Courts of Judicial Magistrates

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Special Judicial Magistrates

Local jurisdiction of Judicial Magistrates

Subordination of Judicial Magistrates

Courts of Metropolitan Magistrates

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates

Special Metropolitan Magistrates

Subordination of Metropolitan Magistrates

Executive Magistrates

Special Executive Magistrates

Local jurisdiction of Executive Magistrates

Subordination of Executive Magistrates

Public Prosecutors

Assistant Public Prosecutors

Courts by which offences are triable

Jurisdiction in the case of juveniles

Sentences which High Courts and Sessions Judges may pass

Sentences which Magistrates may pass

Sentence of imprisonment in default of fine

Sentence in cases of conviction of several offences at one trial

Mode of conferring powers

Powers of officers appointed

Withdrawal of powers

Powers of Judges and Magistrates exercisable by their successors-in-office

Powers of superior officers of police

Public when to assist Magistrates and police

Aid to person, other than police officer, executing warrant

Public to give information of certain offences

Duty of officers employed in connection with the affairs of a village to make certain report

When police may arrest without warrant

Arrest on refusal to give name and residence

Arrest by Private person and procedure on such arrest

Arrest by Magistrate

Protection of members of the Armed Forces from arrest

Search of place entered by person sought to be arrested

Pursuit of offenders into other jurisdictions

No unnecessary restraint

Person arrested to be informed of grounds of arrest and of right to bail

Search of arrested person

Power to seize offensive weapons

Examination of accused by medical practitioner at the request of police officer

Examination of arrested person by medical practitioner at the request of the arrested person

Procedure when police officer deputes subordinate to arrest without warrant

Person arrested to be taken before Magistrate or officer in charge of police station

Person arrested not to be detained more than twenty-four hours

Police to report apprehensions

Discharge of person apprehended

Power, on escape, to pursue and retake

Form of summons

Summons how served

Service of summons on corporate bodies and societies

Service when persons summoned cannot be found

Procedure when service cannot be effected as before provided

Service on Government

Service of summons outside local limits

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

Service of summons on witness by post

Form of warrant of arrest and duration

Power to direct security to be taken

Warrants to whom directed

Warrant may be directed to any person

Warrant directed to police officer

Notification of substance of warrant

Person arrested to be brought before Court without delay

Where warrant may be executed

Warrant forwarded for execution outside jurisdiction

Warrant directed to police officer for execution outside jurisdiction

Procedure on arrest of person against whom warrant issued

Procedure by Magistrate before whom such person arrested is brought

Proclamation for person absconding

Attachment of property of person absconding

Claims and objections to attachment

Release, sale and restoration of attached property

Appeal from order rejecting application for restoration of attached property

Issue of warrant in lieu of, or in addition to, summons

Power to take bond for appearance

Arrest on breach of bond for appearance

Provisions of this Chapter generally applicable to summonses and warrants of arrest

Summons to produce document or other thing

Procedure as to letters and telegrams

When search-warrant may be issued

Search of place suspected to contain stolen property, forged documents, etc

Power to declare certain publications forfeited and to issue search-warrants for the same

Application to High Court to set aside declaration of forfeiture

Search for persons wrongfully confined

Power to compel restoration of abducted females

Direction, etc., of search-warrants

Persons in charge of closed place to allow search

Disposal of things found in search beyond jurisdiction

Power of police officer to seize certain property

Magistrate may direct search in his presence

Power to impound document, etc., produced

Reciprocal arrangements regarding processes

Security for keeping the peace on conviction

Security for keeping the peace in other cases

Security for good behaviour from persons disseminating seditious matters

Security for good behaviour from suspected persons

Security for good behaviour from habitual offenders

Order to be made

Procedure in respect of person present in Court

Summons or warrant in case of person not so present

Copy of order to accompany summons or warrant

Power to dispense with personal attendance

Inquiry as to truth of information

Order to give security

Discharge of person informed against

Commencement of period for which security is required

Contents of bond

Power to reject sureties

Imprisonment in default of security

Power to release persons imprisoned for failing to give security

Security for unexpired period of bond

Order for maintenance of wives, children and parents

Alteration in allowance

Enforcement of order of maintenance

Dispersal of assembly by use of civil force

Use of armed forces to disperse assembly

Power of certain armed force officers to disperse assembly

Protection against prosecution for acts done under preceding sections

Conditional order for removal of nuisance

Service or notification of order

Person to whom order is addressed to obey or show cause

Consequences of his failing to do so

Procedure where existence of public right is denied

Procedure where he appears to show cause

Power of Magistrate to direct local investigation and examination of an expert

Power of Magistrate to furnish written instructions, etc

Procedure on order being made absolute and consequences of disobedience

Injunction pending inquiry

Magistrate may prohibit repetition or continuance of public nuisance

Power to issue order in urgent cases of nuisance or apprehended danger

Procedure where dispute concerning land or water is likely to cause breach of peace

Power to attach subject of dispute and to appoint receiver

Dispute concerning right of use of land or water

Police to prevent cognizable offences

Information of design to commit cognizable offences

Arrest to prevent the commission of cognizable offences

Prevention of injury to public property

Inspection of weights and measures

Information in cognizable cases

Information as to non-cognizable cases and investigation of such cases

Police officer’s power to investigate cognizable case

Procedure for investigation

Report how submitted

Power to hold investigation or preliminary inquiry

Police officer’s power to require attendance of witnesses

Examination of witnesses by police

Statements to police not to be signed: Use of statements in evidence

No inducement to be offered

Recording of confessions and statements

Search by police officer

When officer in charge of police station may require another to issue search-warrant

Procedure when investigation cannot be completed in twentyfour hours

Report of investigation by subordinate police officer

Release of accused when evidence deficient

Cases to be sent to Magistrate, when evidence is sufficient

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

Diary of proceedings in investigation

Report of police officer on completion of investigation

Police to enquire and report on suicide, etc

Power to summon persons

Inquiry by Magistrate into cause of death

Ordinary place of inquiry and trial

Place of inquiry or trial

Offence triable where act is done or consequence ensues

Place of trial where act is an offence by reason of relation to other offence

Place of trial in case of certain offences

Offences committed by letters, etc

Offence committed on journey or voyage

Place of trial for offences triable together.- Where

Power to order cases to be tried in different sessions divisions

High Court to decide, in case of doubt, district where inquiry or trial shall take place

Power to issue summons or warrant for offence committed beyond local jurisdiction

Offence committed outside India

Receipt of evidence relating to offences committed outside India

Cognizance of offences by Magistrates

Transfer on application of the accused

Making over of cases to Magistrates

Cognizance of offences by Courts of Session

Additional and Assistant Sessions Judges to try cases made over to them

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Prosecution for offences against the State and for criminal conspiracy to commit such offence

Prosecution of Judges and public servants

Prosecution for offences against marriage

Prosecution for defamation

Examination of complainant

Procedure by Magistrate not competent to take cognizance of the case

Postponement of issue of process

Dismissal of complaint

Issue of process

Magistrate may dispense with personal attendance of accused

Special summons in cases of petty offence

Supply to the accused of copy of police report and other documents

Supply of copies of statements and documents to accused in other cases triable by Court of Session

Commitment of case to Court of Session when offence is triable exclusively by it

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

Contents of charge

Particulars as to time, place and person

When manner of committing offence must be stated

Words in charge taken in sense of law under which offence is punishable

Effect of errors

Court may alter charge

Recall of witnesses when charge altered

Separate charges for distinct offences

Three offences of same kind within year may be charged together

Trial for more than one offence

Trial for more than one offence-1

When offence proved included in offence charged

What persons may be charged jointly

Withdrawal of remaining charges on conviction on one of several charges

Trial to be conducted by Public Prosecutor

Opening case for prosecution

Framing of charge

Conviction on plea of guilty

Date for prosecution evidence

Evidence for prosecution

Entering upon defence

Judgment of acquittal of conviction

Previous conviction

Procedure in cases instituted under section 199(2)

Compliance with section 207

When accused shall be discharged

Framing of charge

Conviction on plea of guilty

Evidence for prosecution

Evidence for defence

Evidence for prosecution

When accused shall be discharged

Procedure where accused is not discharged

Evidence for defence

Acquittal or conviction

Absence of complainant

Compensation for accusation without reasonable cause

Substance of accusation to be stated

Conviction on plea of guilty

Conviction on plea of guilty in absence of accused in petty cases

Procedure when not convicted

Acquittal or conviction

Non-appearance or death of complainant

Withdrawal of complaint

Power to stop proceedings in certain cases

Power of Court to convert summons-cases into warrant-cases

Power to try summarily

Summary trial by Magistrate of the second class

Procedure for summary trials

Record in summary trials

Judgment in cases tried summarily

Language of record and judgment

Power to require attendance of prisoners

Power of State Government to exclude certain persons from operation of section 267

Officer in charge of prison to abstain from carrying out order in certain contingencies

Prisoner to be brought to Court in custody

Power to issue commission for examination of witness in prison

Language of Courts

Evidence to be taken in presence of accused

Record in summons cases and inquiries

Record in warrant-cases

Record in trial before Court of Session

Language of record of evidence

Procedure in regard to such evidence when completed

Interpretation of evidence to accused or his pleader

Remarks respecting demeanour of witness

Record of examination of accused

Interpreter to be bound to interpret truthfully

Record in High Court

When attendance of witness may be dispensed with and commission issued

Commission to whom to be issued

Execution of commissions

Parties may examine witnesses

Return of commission

Adjournment of proceeding

Execution of foreign commissions

Deposition of medical witness

Evidence of the officers of the Mint

Reports of certain Government scientific experts

No formal proof of certain documents

Affidavit in proof of conduct of public servant

Evidence of formal character on affidavit

Authorities before whom affidavits may be sworn

Previous conviction or acquittal how proved

Record of evidence in absence of accused

Person once convicted or acquitted not to be tried for same offence

Appearance by Public Prosecutors

Permission to conduct prosecution

Right of person against whom proceedings are instituted to be defended

Legal aid to accused at State expense in certain cases

Procedure when corporation or registered society is an accused

Tender of pardon to accomplice

Power to direct tender of pardon

Trial of person not complying with conditions of pardon

Power to postpone or adjourn proceedings

Local inspection

Power to summon material witness, or examine person present

Expenses of complainants and witnesses

Power to examine the accused

Oral arguments and memorandum of arguments

Accused person to be competent witness

No influence to be used to induce disclosure

Provision for inquiries and trial being held in the absence of accused in certain cases

Procedure where accused does not understand proceedings

Power to proceed against other persons appearing to be guilty of offence

Compounding of offences

Withdrawal from prosecution

Procedure in cases which Magistrate cannot dispose

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

Trial of persons previously convicted of offences against coinage, stamp-law or property

Procedure when Magistrate cannot pass sentence sufficiently severe

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Court to be open

Procedure in case of accused being lunatic

Procedure in case of person of unsound mind tried before Court

Release of lunatic pending investigation or trial

Resumption of inquiry or trial

Procedure on accused appearing before Magistrate or Court

When accused appears to have been of sound mind

Judgment of acquittal on ground of unsoundness of mind

Person acquitted on such ground to be detained in safe custody

Power of State Government to empower officer in charge to discharge

Procedure where lunatic prisoner is reported capable of making his defence

Procedure where lunatic detained is declared fit to be released

Delivery of lunatic to care of relative or friend

Procedure in cases mentioned in section 195

Power to order costs

Procedure of Magistrate taking cognizance

Summary procedure for trial for giving false evidence

Procedure in certain cases of contempt

Procedure where Court considers that case should not be dealt with under section 345

When Registrar or Sub-Registrar to be deemed a Civil Court

Discharge of offender on submission of apology

Imprisonment or committal of person refusing to answer or produce document

Summary procedure for punishment for non-attendance by a witness in obedience to summons

Appeals from convictions under sections 344, 345, 349 and 350

Certain Judges and Magistrates not to try certain offences when committed before themselves

Language and contents of judgment

Metropolitan Magistrates judgment

Order for notifying address of previously convicted offender

Order to pay compensation

Compensation to persons groundlessly arrested

Order to pay costs in non-cognizable cases

Order to release on probation of good conduct or after admonition

Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with

Court not to alter judgment

Copy of judgment to be given to the accused and other persons

Judgment when to be translated

Court of Session to send copy of finding and sentence to District Magistrate

Sentence of death to be submitted by Court of Session for confirmation

Power to direct further inquiry to be made or additional evidence to be taken

Power of High Court to confirm sentence or annul conviction

Confirmation or new sentence to be signed by two Judges

Procedure in case of difference of opinion

Procedure in cases submitted to High Court for confirmation

No appeals to lie unless otherwise provided

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

Appeals from convictions

No appeal in certain cases when accused pleads guilty

No appeal in petty cases

Appeal by the State Government against sentence

Appeal in case of acquittal

Appeal against conviction by High Court in certain cases

Special right of appeal in certain cases

Appeal to Court of Session how heard

Petition of appeal

Procedure when appellant in jail

Summary dismissal of appeal

Procedure for hearing appeals not dismissed summarily

Powers of the Appellate Court

Judgments of subordinate Appellate Court

Order of High Court on appeal to be certified to lower Court

Suspension of sentence pending the appeal; release of appellant on bail

Arrest of accused in appeal from acquittal

Appellate Court may take further evidence or direct it to be taken

Procedure where Judges of Court of Appeal are equally divided

Finality of judgments and orders on appeal

Abatement of appeal

Reference to High Court

Disposal of case according to decision of High Court

Calling for records to exercise powers of revision

Power to order inquiry

Sessions Judges powers of revision

Power of Additional Sessions Judge

High Courts powers of revision

Power of High Court to withdraw or transfer revision cases

Option of Court to hear parties

Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court

High Courts order to be certified to lower Court

Power to Supreme Court to transfer cases and appeals

Power of High Court to transfer cases and appeals

Power of Sessions Judge to transfer cases and appeals

Withdrawal of cases and appeals by Sessions Judges

Withdrawal of cases by Judicial Magistrates

Making over or withdrawal of cases by Executive Magistrates

Reasons to be recorded

Execution of order passed under section 368

Execution of sentence of death passed by High Court

Postponement of execution of sentence of death in case of appeal to Supreme Court

Postponement of capital sentence on pregnant woman

Power to appoint place of imprisonment

Execution of sentence of imprisonment

Direction of warrant for execution

Warrant with whom to be lodged

Sentence on offender already sentenced for another offence

Period of detention undergone by the accused to be set off against the sentence of imprisonment

Return of warrant on execution of sentence

Money ordered to be paid recoverable as a fine

Power to suspend or remit sentences

Power to commute sentence

Concurrent power of Central Government in case of death sentences

State Government to act after consultation with Central Government in certain cases

In what cases bail to be taken

When bail may be taken in case of non-bailable offence

Direction for grant of bail to person apprehending arrest

Amount of bond and reduction thereof

Bond of accused and sureties

Discharge from custody

Power to order sufficient bail when that first taken in insufficient

Discharge of sureties

Deposit instead of recognizance

Procedure when bond has been forfeited

Procedure in case of insolvency or death of surety or when a bond is forfeited

Bond required from minor

Appeal from orders under section 446

Power to direct levy of amount due on certain recognizances

Order for custody and disposal of property pending trial in certain cases

Order for disposal of property at conclusion of trial

Payment to innocent purchaser of money found on accused

Appeal against orders under section 452 or section 453

Destruction of libellous and other matter

Power to restore possession of immovable property

Procedure by Police upon seizure of property

Procedure where no claimant appears within six months

Power to sell perishable property

Irregularities which do not vitiate proceedings

Irregularities which vitiate proceedings

Proceedings in wrong place

Non-compliance with provisions of section 164 or section 281

Effect of omission to frame, or absence of, or error in, charge

Finding or sentence when reversible by reason of error, omission or irregularity

Defect or error not to make attachment unlawful

Bar to taking cognizance after lapse of the period of limitation

Commencement of the period of limitation

Exclusion of time in certain cases

Exclusion of date on which Court is closed

Continuing offence

Extension of period of limitation in certain cases

Trials before High Courts

Delivery to commanding officers of persons liable to be tried by Court-martial

Power of High Court to make rules

Power to alter functions allocated to judicial and Executive Magistrates in certain cases

Case in which Judge or Magistrate is personally interested

Practising pleader not to sit as Magistrate in certain Courts

Public servant concerned in sale not to purchase or bid for property

Saving of inherent powers of High Court

Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates

Repeal and savings

Related Acts

Arms Act20 sections

BNS348 sections

BNSS20 sections