SECTIONS
S. 27. Meaning of service by post
Where any [Central Act] [Substituted by A.O.1937, for " Act of the Governor General-in-Council.] or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression serve or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
- S. 20 : Inchoate stamped instruments.—Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount: provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
- S. 49 : Conversion of indorsement in blank into indorsement in full.—The holder of a negotiable instrument indorsed in blank may, without signing his own name, by writing above the indorser's signature a direction to pay to any other person as indorsee, convert the indorsement in blank into an indorsement in full; and the holder does not thereby incur the responsibility of an indorser.
- S. 86: Parties not consenting discharged by qualified or limited acceptance.—If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill, or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance.
Explanation.—An acceptance is qualified
(a) where it is conditional, declaring the payment to be dependent on the happening of an event therein stated;
(b) where it undertakes the payment of part only of the sum ordered to be paid;
(c) where, no place of payment being specified on the order, it undertakes the payment at a specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under the order it would be legally due. - S. 87: Effect of material alteration.—Any material alteration of a negotiable instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;
- Alteration by indorsee.—And any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof.
- The provisions of this section are subject to those of sections 20, 49, 86 and 125.
- 118. Presumptions as to negotiable instruments.—Until the contrary is proved, the following presumptions shall be made:—
(a) of consideration:—that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;
(b) as to date:—that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance:—that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;
(d) as to time of transfer:—that every transfer of a negotiable instrument was made before its naturity;
(e) as to order of indorsements:—that the indorsements appearing upon a negotiable instrument were made in the order in which they appear then on;
(f) as to stamp:— that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course:— that the holder of a negotiable instrument is a holder in due course : provided that, where the instrutment has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
- S. 125: Crossing after issue.—Where a cheque is uncrossed, the holder may cross it generally or specially.
Where a cheque is crossed generally, the holder may cross it specially.
Where a cheque is crossed generally, or specially, the holder may add the words “not negotiable”.
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.
- S. 138: Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for 8[a term which may be extended to two years’], or with fine which may extend to twice the amount of the cheque, or with both:
- Provided that nothing contained in this section shall apply unless—
- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
- (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque, 9[within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
- (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation.—For the purposes of this section, “debt of other liability” means a legally enforceable debt or other liability.
- S. 139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.
- 141. Offences by companies.—(1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence:
[Provided further that where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial corporation owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter.]
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section, —
(a) “company” means anybody corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
- 142. Cognizance of offences.—[(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
3[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.].
[(2) The offence under section 138 shall be inquired into and tried only by a court within whose local local jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated.
Explanation.—For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
Back to TOP20. Substituted service.—(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.
[(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.]
(2) Effect of substituted service.—Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.
(3) Where service substituted, time for appearance to be fixed.—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.
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ORDER XLIII :: Appeals from Orders
Appeal from orders.—An appeal shall lie from the following orders under the provisions of
section 104, namely : —
(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 1[except where the procedure specified in rule 10A of Order VII has been followed];
2 * * * * *
(c). an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;
(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte;
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(f) an order under rule 21 of Order XI;
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(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
endorsement;
(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
1 [ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (l) of rule105 of that Order is appealable;]
(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
(l) an order under rule 10 of Order XXII giving or refusing to give leave;
2* * * * *
(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; 1[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue
as an indigent person;]
2* * * * *
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
(q) an order under rule 2, rule 3 or rule 6 of Order XXVIII;
(r) an order under rule 1, rule 2, 1[rule 2A], rule 4 or rule 10 of Order XXXIX;
(s) an order under rule 1 or rule 4 of Order XL;
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to rehear, an appeal;
(u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate court;
2* * * * *
(w) an order under rule 4 of Order XLVII granting an application for review.
ORDER XLI :: Appeals from Original Decrees
ORDER XLI RULE 5 :: Stay of proceedings and of execution
ORDER IX RULE 13 (Setting aside decree ex parte)
Setting aside decree ex parte against defendant.—In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:
1[Provided further than no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.]
[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.]
ORDER XXI RULE 26 (Stay of execution) O21 R26
When Court may stay execution.—(1) The Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.
(2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.
(3) Power to require security from, or impose conditions upon, judgment-debtor.—Before making an order to stay execution, or for the restitution of property or the discharge of the judgment-debtor, 1[the Court shall require] such security from, or impose such condition upon, the judgment-debtor as it thinks fit.
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IPC Section 279 (281 BNS): Rash driving or riding on a public way.
—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both
IPC Section 338: (BNS 125(b))Causing grievous hurt by act endangering life or personal safety of others. —Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both
BNS 125. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both
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Sec 166: Application for compensation.—(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
1[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:
Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.]
[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act.]
Sec: 140. Liability to pay compensation in certain cases on the principle of no fault.—(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of 1[fifty thousand rupees] and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of2[twenty-five thousand rupees].
(3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.
(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force:
Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163A.]
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CrPC 41 / BNSS 35: When police may arrest without warrant
(1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a cognizable
offence punishable with imprisonment for a term which may be less than seven years
or which may extend to seven years whether with or without fine, if the following
conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint,
information, or suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence
to disappear or tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or
promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the police
officer; or
(e) as unless such person is arrested, his presence in the Court
whenever required cannot be ensured,
and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is
not required under the provisions of this sub-section, record the reasons in writing
for not making the arrest; or
(c) against whom credible information has been received that he has committed
a cognizable offence punishable with imprisonment for a term which may extend to
more than seven years whether with or without fine or with death sentence and the
police officer has reason to believe on the basis of that information that such person
has committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by
order of the State Government; or
(e) in whose possession anything is found which may reasonably be suspected
to be stolen property and who may reasonably be suspected of having committed an
offence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has
been made, or credible information has been received, or a reasonable suspicion
exists, of his having been concerned in, any act committed at any place out of India
which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended
or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under
sub-section (5) of section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received
from another police officer, provided that the requisition specifies the person to be
arrested and the offence or other cause for which the arrest is to be made and it
appears therefrom that the person might lawfully be arrested without a warrant by the
officer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable
offence or against whom a complaint has been made or credible information has been
received or reasonable suspicion exists of his having so concerned, shall be arrested except
under a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required
under sub-section (1) issue a notice directing the person against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable suspicion
exists that he has committed a cognizable offence, to appear before him or at such other
place as may be specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that person to
comply with the terms of the notice.
(5) Where such person complies and continues to comply with the notice, he shall
not be arrested in respect of the offence referred to in the notice unless, for reasons to be
recorded, the police officer is of the opinion that he ought to be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice or is
unwilling to identify himself, the police officer may, subject to such orders as may have
been passed by a competent Court in this behalf, arrest him for the offence mentioned in the
notice.
Procedure of
arrest and
duties of
officer making
arrest.
(7) No arrest shall be made without prior permission of an officer not below the rank of
Deputy Superintendent of Police in case of an offence which is punishable for imprisonment
of less than three years and such person is infirm or is above sixty years of age.
CrPC 82 / BNSS 84 Proclamation for person absconding
84. (1) If any Court has reason to believe (whether after taking evidence or not) that
any person against whom a warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, such Court may publish a written
proclamation requiring him to appear at a specified place and at a specified time not less
than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village
in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in
which such person ordinarily resides or to some conspicuous place of such town or
village;
(c) a copy thereof shall be affixed to some conspicuous part of the
Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be
published in a daily newspaper circulating in the place in which such person ordinarily
resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day, in the manner specified in clause (i) of
sub-section (2), shall be conclusive evidence that the requirements of this section have
been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-section (1) is in respect of a person
accused of an offence which is made punishable with imprisonment of ten years or more, or
imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any
other law for the time being in force, and such person fails to appear at the specified place
and time required by the proclamation, the Court may, after making such inquiry as it thinks
fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made
by the Court under sub-section (4) as they apply to the proclamation published under
sub-section (1).
CrPC 156 / BNSS 175 Police officer's power to investigate cognizable
(1) Any officer in charge of a police station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local area within
the limits of such station would have power to inquire into or try under the provisions of
Chapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent
of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in
question on the ground that the case was one which such officer was not empowered under
this section to investigate.
(3) Any Magistrate empowered under section 210 may, after considering the application
supported by an affidavit made under sub-section (4) of section 173, and after making such
inquiry as he thinks necessary and submission made in this regard by the police officer,
order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210, may, upon receiving a complaint
against a public servant arising in course of the discharge of his official duties, order
investigation, subject to—
(a) receiving a report containing facts and circumstances of the incident from
the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the
situation that led to the incident so alleged.
CrPC 161 / BNSS 180 Examination of witnesses by police.
180. (1) Any police officer making an investigation under this Chapter, or any police
officer not below such rank as the State Government may, by general or special order,
prescribe in this behalf, acting on the requisition of such officer, may examine orally any
person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put
to him by such officer, other than questions the answers to which would have a tendency
to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course
of an examination under this section; and if he does so, he shall make a separate and true
record of the statement of each such person whose statement he records:
Provided that statement made under this sub-section may also be recorded by
audio-video electronic means:
Provided further that the statement of a woman against whom an offence under
section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the
Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be
recorded, by a woman police officer or any woman officer.
CrPC 164 / BNSS 183 Recording of confessions and statements.
183. (1) Any Magistrate of the District in which the information about commission of
any offence has been registered, may, whether or not he has jurisdiction in the case, record
any confession or statement made to him in the course of an investigation under this
Chapter or under any other law for the time being in force, or at any time afterwards but
before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be
recorded by audio-video electronic means in the presence of the advocate of the person
accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any
power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person
making it that he is not bound to make a confession and that, if he does so, it may be used
as evidence against him; and the Magistrate shall not record any such confession unless,
upon questioning the person making it, he has reason to believe that it is being made
voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the
Magistrate states that he is not willing to make the confession, the Magistrate shall not
authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 316 for
recording the examination of an accused person and shall be signed by the person making
the confession; and the Magistrate shall make a memorandum at the foot of such record to
the following effect:—
"I have explained to (name) that he is not bound to make a confession and that,
if he does so, any confession he may make may be used as evidence against him and
I believe that this confession was voluntarily made. It was taken in my presence and
hearing, and was read over to the person making it and admitted by him to be correct,
and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate.".
(5) Any statement (other than a confession) made under sub-section (1) shall be
recorded in such manner hereinafter provided for the recording of evidence as is, in the
opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate
shall have power to administer oath to the person whose statement is so recorded.
(6) (a) In cases punishable under section 64, section 65, section 66, section 67,
section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,
section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate
shall record the statement of the person against whom such offence has been committed in
the manner specified in sub-section (5), as soon as the commission of the offence is brought
to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman
Magistrate and in her absence by a male Magistrate in the presence of a woman:
Provided further that in cases relating to the offences punishable with imprisonment
for ten years or more or with imprisonment for life or with death, the Magistrate shall record
the statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently,
mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or
a special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently,
mentally or physically disabled, the statement made by the person, with the assistance of
an interpreter or a special educator, shall be recorded through audio-video electronic means
preferably by mobile phone;
(b) a statement recorded under clause (a) of a person, who is temporarily or
permanently, mentally or physically disabled, shall be considered a statement in lieu of
examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023
such that the maker of the statement can be cross-examined on such statement, without the
need for recording the same at the time of trial.
(7) The Magistrate recording a confession or statement under this section shall
forward it to the Magistrate by whom the case is to be inquired into or tried.
CrPC 311 / BNSS 348 Power to summon material witness, or examine person present.
Any Court may, at any stage of any inquiry, trial or other proceeding under this
Sanhita, summon any person as a witness, or examine any person in attendance, though not
summoned as a witness, or re-call and re-examine any person already examined; and the
Court shall summon and examine or re-call and re-examine any such person if his evidence
appears to it to be essential to the just decision of the case.
CrPC 311 / BNSS 351Power to examine accused
351. (1) In every inquiry or trial, for the purpose of enabling the accused personally
to explain any circumstances appearing in the evidence against him, the Court—
(a) may at any stage, without previously warning the accused put such questions
to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before
he is called on for his defence, question him generally on the case:
Provided that in a summons case, where the Court has dispensed with the
personal attendance of the accused, it may also dispense with his examination under
clause (b).
(2) No oath shall be administered to the accused when he is examined under
sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer
such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such
inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for,
any other offence which such answers may tend to show he has committed.
(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant
questions which are to be put to the accused and the Court may permit filing of written
statement by the accused as sufficient compliance of this section