Public Prosecutor may plead in all Courts in cases under his charge Bail to be taken in case of bailable offence When bail may be taken in case of non-bailable offence Deposit instead of recognisance Procedure on forfeiture of bond OF THE DISPOSAL OF PROPERTY. Order for disposal of property regarding which offence committed . Order may take form of reference to District or Sub-Divisional Magis- Power to restore possession of immoveable property Procedure by police upon seizure of property taken under section 51 or Power of Governor General in Council to transfer criminal cases and District or Sub-divisional Magistrate may withdraw or refer cases Power to authorise District Magistrate to withdraw classes of cases Finding or sentence when reversible by reason of error or omission in Distress not illegal nor distrainer a trespasser for defect or want of form Interpreter bound to interpret truthfully Expenses of complainants and witnesses. Power of Court to pay expenses or compensation out of fine Moneys ordered to be paid recoverable as fines Copies of proceedings Delivery to Military authorities of persons liable to be tried by Court- Power to compel restoration of abducted females Compensation to person groundlessly given in charge in Presidency-town 552 Power of chartered High Courts to make rules for inspection of records of Case in which Judge or Magistrate is personally interested Powers of Government exercisable from time to time Pending cases. Officers concerned in sales not to purchase or bid for property SCHEDULE I.-Enactments repealed. SCHEDULE II.-Tabular Statement of Offences. SCHEDULE III.-Ordinary powers of Provincial Magistrates. SCHEDULE IV.-Additional powers with which Provincial Magistrates may be invested. SCHEDULE V.-Forms. ACT No. X of 1882, PASSED BY THE GOVERNOR GENERAL OF (Received the assent of the Governor General on the 6th March, 1882.) AS AMENDED BY ACTS III OF 1884', X OF 1886, AND V OF 1887. An Act to consolidate and amend the law relating to WHEREAS it is expedient to consolidate and amend the law Preamble. relating to Criminal Procedure; It is hereby enacted as follows: PART I. PRELIMINARY. CHAPTER I. 1. This Act may be called 'The Code of Criminal Procedure, Short title. 1882' and shall come into force on the first day of January, Commence1883; ment. It extends to the whole of British India2; but, in the Local absence of any specific provision to the contrary 3, nothing herein extent. contained shall affect any special or local law now in force1, 1 All references to the Code of 1882 made in enactments passed before or after 25th Jan. 1884 are to be read as if made to that Code as amended by Act III of 1884; see sec. 14 of that Act. 2 application of the Code outside British 9 See secs. 54, 55, 56, 68, 83-86, 95, 4 10 Bom. 258, and to the places outside British India mentioned infra in Appendix A. As to the personal Repeal of enactments. Notifica tions etc. under re pealed Acts. or any special jurisdiction or power1 conferred, or any special form of procedure prescribed 2, by any other law now in force, or shall apply to (a) the Commissioners of Police in the towns of Calcutta3, Madras and Bombay3, or the police in the towns of Calcutta and Bombay; () any officer duly authorised to try petty offences in military bázárs at cantonments and stations occupied by the troops of the Presidencies of Fort St. George and Bombay respectively; (c) heads of villages in the Presidency of Fort St. George 5; or (d) village police-officers in the Presidency of Bombay®: (e) and nothing in sections 174, 175 and 176 shall apply to the police in the town of Madras7. 2. On and from the first day of January, 1883, the enactments mentioned in the first schedule shall be repealed to the extent specified in the third column thereof, but not so as to restore any jurisdiction or form of procedure not then existing or followed, or to render unlawful the continuance of any confinement which is then lawful. All notifications published, proclamations issued, powers conferred, forms prescribed, local limits defined, sentences passed and orders, rules and appointments made, under any enactment hereby repealed, or under any enactment repealed by any such enactment, and which are in force immediately 1 The power to punish contempts, vested in the High Courts, as superior Courts of record, by the common-law of England, seems saved by this provision, L. R., 10 Ind. App. 179, where, however, the point was not decided. The Lower Burma Gaols Delivery Act, XVI of 1886, is, so far as is consistent with the terms thereof, to be construed as one with the Code of Criminal Procedure. 2 See, for example, Act V of 1869, the Indian Articles of War. 3 See Ben. Act IV of 1866, Madras Act VIII of 1867, and (as to Bombay) Act XIII of 1856. See Bom. Act III of 1867 (to make provision for the administration of Military Cantonments in the Bombay Presidency). The old Regulation XXII of 1827, secs. 3, 22, 33, and Act IV of 1854 may still be in force in cantonments (if any) in which Bom. Act III of 1867 is not in force. 5 See Mad. Regs. XI of 1816, secs. 10-14, and IV of 1821, sec. 6, under which Village-headmen have jurisdiction to try petty cases of assault, affray, abuse and theft, to search for stolen property, to hold inquests, and arrest suspected murderers. See Bom. Act VIII of 1867, Bom. Reg. XII. of 1827, sec. 37. 7 The Coroners Act, IV of 1871, is therefore undisplaced. All the rest of the Code applies to the police in the town of Madras. |