section 12 of -(hs ~ode of criminal rrcc60ure, 1898, as :2roposod to be wodi,fied by lj8ra~;g:tjll 5 of the scledule to tle bill, r jc?d ni tj1 clause :] thej'eof, secks to 'urovide for at)'; 'ointiiu'''~1t of l:;xecuti ve =_c:~  istrz::le·s e~t1 ~ ---for confernment of' po\1ers of &'y class of a judicial ~is­tr2  te on ilumb:;rs of' tha judicial service of the union terr i tory of ,d elhi or tdiil:ichal frade&l t~le sc~icl :)ar  p-e~ph ~ i of lle scnedule also )tovides t:'ldt durin, the first 'line ~: y8c?"rs jersons vi~lo are l!loliders of a civil servic'e in tlii-,' unioll terrj'/jory of :jelli or dll2cil!:li fr2des~l or ~y st~'te---_ , ai1d are or have been exercisil1b t:le po',7ers of a l2birtrete t in sucll terri tory or 3tcte lcy be e:}pointed a!3 j'udici~ll   ' lb61 stra:\: es t, section 14 of -(alle vode, a,ff proposed to be ~'~~' ·odified by ;:areua:;'l 7 of t,lat scledule makes provi!n for 2":r?1)oil1tr~le~1t of sj6cicl judicial lce:,is"i:rites ~nd special "  ~~ecu"d ve i:c:;e,i stru tes ~  ;;: ~j'~le sc:len9 of 'lie dill; in effect, involve! tile rr ~,classiiic2tioj,1, at t:"l0 l1iti£d st2{)e, of tlle o:r:istinf:, ~str,:tes ii1 tr19 two u11ion territories into £~ecuti va ~d j"udichtl lae,:istr:::tes c?;1d no ado~,tion~l er26ilcli ture~ -t'~ -trc~l1ritiollal ,eriod ~ -~~lree y6a;:'s a"lcl tlljs \till be doae ("fte:r asseaslllb t~le actual requirelueillts in tho lie,:lt of the --rorkiae:, of t~je sc~lelje of se: are~tioa for so~lo -tim\) as a result of t~lis detennii1ation, sodc additionel g~~~,endi'cure ll~_"y be involved such ert?snditure my ultimately be of t~la o:"~':::'gr of' l~s2 lclcl1s( non-recllrl"inf;,) e""ld j"tr 12 lakhs ')or annu!ll (rocuri~lab) in t,le caso of d01hi 2jlcl he 150 1~lxls(110n­racwrlat:j at'ld as~11("k1s ]or annum{recurrii1b) 'in t"l'3 case of fl~lc"'l fr&de&1 tho or,::encli ture in tile case of dolhi -nil be met from ~le <;onsolic1:ted l·und, of india 2l"1d t:1at in lld case of ~-lm~c~jal tl"cidesll from -g;,16' cone~ick:;tgd i;'lmd of t:j2;(, 'union territory ~lh" plu'ji;'b so~jar:tiori of j-ldicici ~l1d r:;xijcuti va 1'ullctions act, 1964, is alrei:dy in force in t~la -j~lola of tie s1ii:to of punjab oxcgllt in t10 8c~10clulod 2taae of j8:1:"1ul f",ld s,e)i ti c"-"d t~l~ trc:ulsfe:" o{ c(;jrtc~in :;raas of the 6xl st:-:lb punj""b to tilo union torri tory of  :im::~c~lcll ~r,desh as a rasul t of t~10 cdnt&~jli' tad r3~&2-l1isatl on of t:];t' stcte 'lould llo~ lnvol va any ad  :i ti o:ru;;,l e~~ondi tura - ~~'i dil-:] , gl nanda  , corrigenda------~    to "   e::'~ '~ the dwb· and a~machar"'pradesh (sltparation o'~·judicial and executi-vt (f-un~~io~)-b~~~, 1966 '    --," - (to be/as introduced 1n lok sabha) ~ ,  ~ \  page 2, in the m~rginal heading tp c~~use ,3,~  for' liprocdure" read "procedure" ~ --  page 2; line 27,~ - ~~ '~' "'  "~ - -, j -for "subhlf read' "sueh" -' - 't' , page 3, line 1'1,';' , ;:: ' ' • ~ ! ~  ,',  ill "and courtu read lior court'" -,! ',,"" ~;-;' -0,  , 4  ,  page 3, line 33,-"/  "  ~~" " - ~ ' " after "fo11owing" insert itseca-o~n' - _' " r" ,  _ ":',71 t· page 4, in the '-maj\g1naj:' h~~~~1,qg, ,to ~~~t1:~~ '4';'~'(i~  _~ t , r, ~~  :;  for umag:!strate" ~ ''magistrate;;'' '  ::-:,  ~ -~a~~5, lines 8 and 9';~ ,  :''','' "  "~,--" atter tlsubstitutedh ,insert if, nama1y" ::::~ 7 page 5, 11ne 17,-' ,  for "c1asswith" readltclass with"' ':;;, --- ~""  '~\ f i' f', tr\ , f;~ ', 8 page 6, 1ina '7, ~  9 "  ,",  -i', • _ - for "cotroll! read itcontrolrt - - :'0 ~ - pag~ 6~' 11ne~' 14'~- , ',~ tor if a judicial magistrate in any" d~~~r1etn _re~d iij udic  a1 m~g1strates in, any; district,;" - " ' " r" ~ino 26 ~ -- after "state" i'ris'?rt yam"' ,  11 page 6, in the marginal 'heading, ~o ~ect1on 14, , -, tor "magis traie" 'read l'mail~~~ate8" -:""," ", ---- ~    "   ' -     line 15,-for "part ii '(b) of the fourth schedu1e" read -- -- -"part lib of schedule iv" 11,- for 'th: state gov'?rnmr-ntl rr>3d 'st3t-:: gov~rlim~ntr -, page 12, line 12,-for 'the state gov~rnmpnt i ~ 'state gov'ernm~nt' , pag~ 14, in the marginal h€'e!~_~ng to section 125,-after ''mag1strate,,·o1nsert ii and, d1strict magistr-ate"    "  ' ,---- -- ~ page 14, line 27,-~ if ,131" '   page 16, line 39,--    '" for "twords 11 read rlwords"  --  ,",'  ,  -page '18, line '9;'~  --~ " 'j> ' after n 1nves ted 11 ins ert ii wi th" , page 20, in the mllrgina1 heaq~~ to s9ct~on 406b,-, , i' for "and" read "orll - -'~' ,','   ~ 33 page 20, line '7, ~ ~'  ---:  -  '! after ifwords" iii"sert·," and figures" ~ ,', <ii - - ' 34 page 21, line 18,:  ':  : ' for "proceeding'riraad "proceedings",   35 page 22, line 1,-before  '(section 436" 1nsp~t "73" 36 page 22, line 3,·_  -t'"  - ~ for "(1" read "(1)" --37 paga 22, lin~ ~~,~'  ' ; after" (i)" insert !fin sub,~section (1),11 , - 38 page 23~ line2i," t, • r  •• <1 •• after "shall" "j:nsert -"be" !', - 33 pace 23, line 29,-!2! 'magistrate at' read 'a magistrate of' -4,) pace a4, line 23 , _ after "or" omit "a" -41 pale 30, line 28,-!2!: 1t436 ( )" ~ "436 (2 ),r 42 pagg 34, l1ne 5~-_  l2! "pr 1 c1p1es" ~ "prine! 'ples" 43 pale3~f, 11ne 10 from bottom,-be fore "117" ins ert ii art! clen 44 • pa,e: 35, -line 2: from battcm,~ "" tor "rupee" read "rupees" --45 pal 36, line 5 from bottom, tor "state government tt read nstate governmentstr --46 page 38, l1ne 12,-ill "charges" read "chargefl 47 pale 38, i1ne 20,~ ~ 'for "part1culart" ':t9ad "particular" 48 pale 38 11 4 fr b tt " 1 , ne 1 am a om, -_  __  for "goernment" read "government" --49 page 38, l1ne 13 from bottooi,  _ __ !er "power" ~ llpowarsrf 50 ~nge 39, lines 7'and 8, frombottom,-fs2! "disrtict mag1srate" ~ "districtmagistraten 51 page 41, line 8; _  !srr "hagistrat" ~ "magistrate" sa page 41, line 9,-tor "sentances" read iisentencesft --83 page 43,' l1ne 3 from' bottom',-for "d1stri" read "district" -- pto -'--<)i  11l; 54 page 44, if)" the m,arg1n'al heaaing ,to sect1,qij 96,-t: '  page 46, line 13,- ~ at the end -ii lr,~nd~f", ," - r '' - 56 page 46, against line 18,-,,~ " " for "80 of 1873" read "8 of 1878"'-'" ~~" ,57  '   , pag9 46, against ·'lin~ -'s"from bottom, -, ", ,: ,: -,:; '" ", for n1960""~" ~~1860n~' '" ,0'--:   ':"' pag~ 46, line 2 from'obttom,:-i  f' ::  i','~  ,--: 1  58•  ,l" ~,', " !2! "battingu ~ "abetting" f 59 page a:::r 1~:~~1:::~:::':-~'j" 60 page 49, line 12,-"  ,'  for "robor" 'read'<urobber"  -'-, --- ~l • page 57, in the marg:lna,1 'heading to sec~1on ,174,- -,    , 62 iii ,, _ page 60, in the marginal helading"to section ,250,-  ,  ,  i ~  '" • ~'"" ', ",  for itvaxation'sn;',~tlad:"nv~xat1o~n -' --'  ,:,,", !,  ,"  t,  63 page 61, line 8 from bottam,-~ - ! :,  ! "  for uor,~gdlng''''~ 'i'foregoing" ~' '" 64 page 61, lin~ 7 from bottom,- ~:  ' for \i forpgong" ~ :ifo,regoing"     65 page 62, line 6,-omit "45 of !1860" 66 page 63, line 1,- , ,  - for "2650" read "265n --67 page 64, line 21,-   for "he" read "tho" --68 page 69, line 10 from bott'om,~ for ii a in ra n of justice" read ---"administration of justice" 69 page 69, line 2 from bottom,-, for uwitness" read "witnesses" 70, page 74, line 6,-for tlnotificaion" read "notification" 71, page 75, 11ne 6,-omit 11 as" -72~ page 75, line in·, fran bottom,=, atter ucodssq uence" omit liinll -?b, page 79, line 17 trombottom,-omit "the" --~ 74 page sl, line 10 from 'bottom,- !ie it frad ulent" ~ ii fraudulent" 75, page 82, line 21,- _ for "of notice" ~ "or notice" 76 page 83, line 5 from bottom~-tor "maistrate" re-ad,,1'magistrateu --77 page 84, line ~,~ !$ "w1ltu:p' ~ ~iltul1y" 7n· page 84, line 32';-for "annoynace" ~ ti annoyancetl 79 page 88, line 14,-!!2! "maistrate" read "magistrate" 80 page 90, line 28,-ie! "omissions" ~ itomissionlt " , 81 page 91, line 17 trclll bottan,- m iiknwo" ~ "known" page 91, line 12 from bottom,- after "indian" read "coin~' page 92, line 4,-~ "the" page 92, line 17,-omit "tho" -page· 92, linos 2 and 3 frol!l bottom,-for "do1iferer" read "deliverer" --page 94, line 16 from bottom,-  for "efficiency" read "efficacylt page 94, 11ne 15 from bottan·,-1 ·before "operation" insert j'lts'~ page 95, i1no,4,- ~  , "  , after "on" 1ns ert "a"  ·89 page 95, line 13 from bottom,-is!! "gaurd" ~ "guard" - 90 page 97, 11ne 20 from··'bot·tam,-before "ch11d" insert nail   91 page 98, 11no 12,-for "women's" read "-woman's" , 92 ~age 100, line 16 fram bottom,~ j ; ~('i-- f~wronerul n read "wrongtulltl -r 93 pllge 101, line 15 from bottom,-: for "or" road "of"  0 94 page 103, line 14,-for "sexau1" read "sexual" --' 9~ pa~e 108, line 3,-for "of" ~'tlor" 96 page 109, line 1 from b~ttom,-for "j!lprisonment" ,read "imprisonment" -~ ,  97 page 113, line 3 from bottom,-!9! "noes" ~ "notes" 98 pago 114, line 9,-for "material" re~d "rlaterialsu 99 page 114, line 19,-:-" for " c ornmi t t ing 11 ~ "oini t t ing"  100 page 114, 1ino 26,-" for "committing" read "omitting" --101 page 115, line ~o from bottom,-~ troth" ~ -"other" ,     page 117, line 1, from bottom,- ' 102 before "years" insei"t· '''7'' lob page 120, line 1,-~ ,', for "section" read "sections"  104 page 121, line 8 froi:l __ bot~om,-for "conviction in certain case" 'read - "convictions in certain cases" , 105 page 121, line 7 t~om bottom,· i ' i r '   ','   (i) aftar "power" insert "to"; and (ii) !2!: tlkeping'" read "keeping" 'il ;"  " _, " ;a:: ,  page 122, 11ne 10 from bottom,· for "powers tt read i'powerll --107 page 123, line 13,-for "order" read "orders" --108 page 124, l1ne 4,-for "powers" read "po\o/er" --109 'correct line numbers on pages 4,7,9,10,11,12,13 and 16; ltiw  delhi ; september 5 '1966 bbsdri:i4,·i:bss{sakaj to the commencement of this ad in relation to a union territory ~ i :: ':?r"an area therein shall mean the date on whfch it comes into force  ld that union territory ar area definition 2 in this act, "union territory" means the union territory of delhi or himachal pradesh 5 5 of 1898 3 por the purpose of separadoa of jadlclal  4 aecatlve fullcdolls, the code of crlmmal procedure, is9s ihad, ia itl application to a valoa territory~ be ameaded ia the madder _d to the ateat speculed fa the schedule amendmentstq code of criminal procdme, 1898 amend-4 the provisions of this act whfch amend the code of criminal 10 s of 1898 ments not procedure, 1898 so as to alter the manner in wbleh, the authority to j'ender by which, or the law under or in aecordance with which, any powers ~~d dati- are exercisable, shall not render invalid any notiflcation, order, _10d1  etc; ~ commitment, attachment, bye-law, rule or regu1atlo~ duly made or commence- issuf!<! ()f' bdvthiug duty done belbre tf\, commencement of this act, 15 meat of ~ and any such notiftcatlon, order, commitment, attachment, bye-law, rule or regulation or thing may be revoked, varied or 'undone in the like manner to the like ~t and in the like clrcumstances, as if it had been duly made, issued or done after the commencement of this act by the :competent authority and in a~ce with the 20 provisions then'''applieable tc? su~h ~ ~'  '" ' i, :,;\ -1 :: - , functions 5 where under any law tlie functfons exercisable by a magisexercisa- trate tplate to matters which i~yolve the appreciation or sifting of b~e by judi- evfden ~e or the formulation of aily decision which exposes any per-~~ son to any punishment, or penalty; or detention in custody pending 25 mqistntes investigation, inquiry or trial:or would have the effect of sending him for ~,~s~~\a~"ng?'p;tbht"bhf\jll~~,: ~"~'~:'~ ,qte 5 f 18~8 " prlvisfons·of • ' ~ i ~~)~4\~1\~\ pode ~~ crhnb1"j~ ~,",1898, ar 8d'lended by ml8 act, be exercisable by a judicial magistrate; and  wbere such funettbds: rinate i to i matters which arij :admtntstrattve or 30' - executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctjoning a prosecution, or withdrawing from a prosecution,tbw·sball, subject as aforesaid, be exen:isable by an executive magistrate saving 6 (1) save as provided in this section, nothing in this act shall 35 be deemed to aftect-(a) the validity, invalidity, effect or consequence of anything done or suftered to be done before the eommeneement of this act;'~ fb) any right, privilege, obligation or liability aiready'40 ac4 uired, accrued or incurred before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in rfjlj)ect of any act before such commencement; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be 5 instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this act and the code of criminal procedure, 1898, as amended by this act (2) all legal proceedings pending before a magistrate or court 10 immediately before the commencement of this act shall, if such magistrate or court ceases to have jurisdiction in respect of such proceedings under the provisions of the code of criminal procedure 1898, as amended by this act, stand on such commencement transferred to the magistrate or court having jurisdiction under the is provisions of the code of criminalprocedure, 1898, as amended by this act and shall be heard and disp~ of by such magistrate or court and such magistrate and court shall have all the powers and jurisdiction in respect thereof as if they had been originally instituted before such magistrate or in such court, including the power 20 of the succeeding magistrate under section 350 of the code of criminal procedure, 1898 1 if any difficulty arises in giving effect to the provisions of this power to act, the central government, in coll!ultation with the wgh court, remove dim may by order do anything (including the specification of the appro- cultia 5 priate magistrate, whether judicial or executive, having jurisdic-2 tiod under any law) not inconsistent with such provisions and for the furtherance of the purposes of this act which appear to it to be necessary or expedient for the purpose of removing the cwilc:ulty  the schi!;dule30  (see aectlod 3) tim code 01' cbimjnal procmuu 1898 (501' 1888>1 for section 6, the following shall be substituted, namely:-35 "6 besides the high court and the courts constituted under cl f any law other than this code for the time being in force, there cr~:e:a~ shall ,be two classes of criminal courts, namely:-courtl i courts of session ii courti of malistrates  a-i classes of magistratesclasses of mlaisuate 6a there shall be the following dasses of magistfates, namely:-i j l  dicial magistrates: s (i) chief judicial magistrates (2) judicial magistra~es of the first class (3) judicial magistrat~ of the second class (4) special judicial magistrates ii executive magistrates: (1) district magistrates 10 (2) sub-divisional magistrates (3) executive magicrtrates of the first class   (4) executive maristrates of the second class   _ _     '" )  (5) special e~ecuth,e magi_tea" 2:for section 7, the following sectionshall be substituted, name- is ly:-"7 (1) every state shall cunsist of sessions divisions' and every ~ll'ssions division sh al 1: fer the purposes of this code, be: a district or part of a district or- consist of districts sessions divisions and districts (2) the ~8te government, in consultation w~th the high 20 court, may ~terthelimits or the d~~ of such divisions aad  ,~  c~ 1_0 - _  -, •••• ~ " !',,lc!~"':" (3) the sessions divisions arid-districts existing in the union territory of delhi or him~ pj~~ immediately before the commencement of the delhi and himachal pradesh (separation 2s of judicial and executive functions) act, 1966 in that union territery shall be sessions divisions and districts respectively, unless and until they are altered as provided in sub-section (2)" 3 in section 9,-(i) in sub-section (1), after the words "sessions division, 30 and" the words "in consultation -with the high· court," shall be inserted; (ii) in sub-section (2), after the words "state government", the words "in consultation with the high court" shall be inaerted", 3$ (iii) in sub-eection (j), after the words "may also", the words "in consultation with the high court" shall be~~ ed;and (iv) in sub-section (4), after the words "state government", 5 wherever they occur, the words "in consultation with the high court" shall be inserted 4 in section 10,-10 (i) for the marginal heading, the following shall be substituted:-"district magistrate and chief judicial magiltrate" (ii) in sub-section (1), for the words "a magistrate", the words "an ·executive magistrate" shall be substituted; and after that suthection as· 90 amended, the follewing sub-sections -shall be· i,rted, namely:-15 "cia) in every district the state gove~ed~ ~alll in consultation with the high court, invest a judicial ~gis· trate 0'£ the first class with the powers of a cl:uef judicial magistrate under this code or any other law fo; 'the time being in force 20 (ib) the state government may, in consultation with the high court, appoint any judicial magisuate of the ·arst class to be an additional chief judicial magistrate and such additional chief judicial magistrate shall have all orad, of the·powers of a chief judicial j&ptrate ·jefured to in sub-section (ia) as the state govamment ·may dinet"; 25 (iii) in sub-section (2), for the words "any ~gistrate of ·the first class", the words "any executive magistrate of the first class" shall be substituted; (iv) for sub-&ection (3), the following sub-section shall be substituted, namely:-30 35 "(3) for the purposes of section 88, sub-seetion (6e), section 406b and section 528, sulhectiods (2b) and (3), sueh additional district magistrate shall be deemed to be subordinate to the district magistrate; and for the purposes of section 88, sub-section (6c), section 192, sub-section (1), section 406b and section 528, su~ojj$ (2) add (za), such additional chief judldal magistrate aball be deemed to de subo~inate to the chief judicial maptrate" 5 for section 12, the following section shall be substituted, namely:-executive and judicial mvgistrates "12 (1) the state government may appoint as many persons \ as it thjnks fit, besides the district magistrate, to be executive magistrates of the first or second class in any district, and the 5 state government or the district magisj,l'ate, subject to the cotro! of the state government, may, from time to time, define loc:al areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this code 10 (2) the state government, in consultation with the lli&h court, may confer on any person who is a member of the judicial service of the union territory of delhi or himachal pradesh, the powers of any class of a judicial magistrate in any district and the state government, in consultation with the iiiih court, 15 or the chief judicial mapaate, subject to the control of the iifch co1l1't, may, from time to time, define local areas within which h, may exercise all or any of the powers with which he may be invested under this code (3) the state government, in consultation with the hi~h 20 court, may, for such period not exceeding three years from the commencement of the delhi and himachal pradesh (separation of judicial and executive functions) act, 1966, as it may think fit, appoint as many persons  who are members of a civil service ia the union territory of delhi or himachal pradesh or in any 25 state who are or have been exercising the powers of a ma,utrate in such territory or state at or before the commencemenl of the said act, as may be considered necessary to be judicial magis- tratel in any district; and the state government, in consultation with the hieh court, may define local areas within winch such 30 ,edou may exercise all or any of the powers with which the)' 1db1', respectively be invested under this code (4) except as otherwise provided by such delinition, the jurisdiction and powers of such persons shall extend throughout such district" 35 6 in sub-section (1) of section 13, for the word "magistrate", the words "executive magistrate" shall be substituted special judicial mqiatrate 7 for section 14, the following section shall be substituted, namely:-"14 (1) the state government may in consultation ,·,ith 40 the mgh court, confer upon any person who holds or has held bdy judicial post under the union or a state, or possesses such ether qaaulcations, as may, in consultation with the ri,h court, 5 be speeifled in this bebalf by the state gov8idldaat 117 aotffteatiod id the oftidal gazette, all or any of the powers eonferred or conferable by or ldlder this code on a judicial magistrate in resped to particular eases or to a partieular class of cases, or in relard to cases generally in any local area such magistrates shen be caued special judieial magistrates and shall be appointed for such term, as the state government may, in consultation with the high court, by general or special order, direct (2) the state government may also appoint &eeutive malis- special 10 trates tor particular areas or for the performance of particalar judicial fadctiods aacl confer on 'them lucia powers al it d1iii st such magistra-magi!ltrates shan be caned special &ectudve macistrates and shall tel be appointed for such term as the state govemmeat ma)', b)' general or 'speclal order, direct" 15 8 for sub-section (1) of section 15, the following sub-section shall b~ substituted, namely:-"(j) the state government, in consultation with the high court, may bedell of direct 8uy two or more judicial magistrates in an¥ place in the union tem-=tes tory of delhi or himachal pradesh to sit together as a bench, and may by order invest such bench with an y of the powers conferred or conferable by 20 or under the code on a judicial magistrate of the first or secord clus, and direct it to exercise such powers in such cases, or, such classes of cases only and within such local limits as the state government, in consultation wi th the high court, thinks fit" 9 in section 16,-,e,) for the words lethe state government may, or, subject to the control of the state government, the district magistrate"', the words "the high court subject to the approval of the state go'vernment ", shall be substituted; and 30 (ii) for the words "magistrates' benches", the words "judicia' magistrates' benches" shall be substituted 10 for section 17, the following sections shall be substihlted, namely:-35 "17 (1) all judicial magistrates appointed under sub-sections subordida-(2) and (3) of section 12 and section 14 and all benches eonsti- tion ofjadituted under section 15, shaii, subject to the control of the sessions cial magistrates and bencbeato chief judicial mqiltrates hkip, be 'subordinate to the chief judicial ma~, and the chief judicial magistrate may, from time to time make rules or give special orders consistent with this code as to the distribution of business among such magistrates and benches and of chief (2) all chief judicial magistrates shall be subordinate to 5 the sessions judge (3) all assistant sessions judges shall be subordinate to the sessions judge in whose court they exercise jurisdictien, :1nd judicial i magistrates and assistant sessions judges to sessions judge the sellionafudge may, form time to time, make rules onaiatent with tbjli -code  'to the- dilllribution of business amagn -such assistant 10 saaiodl11b18'e& -(4) the sessions judge may also, when he himselfis un" avoidably absent or incapable of acting, make provision for the disposal of any urgent ,ppiication by an additional ora8$jstant ~ons ludge, or, -'ff- there be no additional or assiatult $-sions·is judge, by the chief judicial magistrate, and suell judge ot magistrate shall have jurisdiction to deal with any such application suborchnation of executive magistrates _ 17a (i) all biectttive'magistrates appointed under sub-sedion (i) of section 12 --attd section 13 shall be subordinate to the district magistrate and every executive magistrate (other thlin a 20 :stib-diyisidnal "magistrate) exercising powers in a sub-divisron ''sb81l also be-stiboi'dinate'to the ·sub-aivisionarl\tagfstrate, 'subject, ho~r, to the general control of the district magfstrate (2) the district magistrate may, from time to timf!, make rules or give special orders consistent with this '«!ocie as t'o the 2s _ 4is~b~tion of bus~~ss among executive magistrates ~bordinate -to 'him and as to ailocation of business to an additional district magistrate 17b courts of session and courts of judicial and executive magistrates shall- be criminal courts inferior to the high court 30 and courts of judicial and executive-magistrates shall be criminal courts inferior to the court of session" courts in  ferior to the high court and court of session 11 for sub-section (1) of section 29, the fonowing sulrsection shalt be substituted, namely:-"(1) subject to the other provisions of this code, any offence 35 under any other law shall, when any court is mentioned in this behaif in such law, be tried by such court: -provided that if the court so mentioned is a court specified in column (1) of the table below, such offence shall be tried by the court of the judicial magistrate specified against it in column (2) thereof 5 | name                       | of         ||----------------------------|------------|| court                      |            || specified                  |            || court by which triable     |            || in the                     |            || law                        |            || (2)                        |            || (i)                        |            || i                         |            || district                   |            || magi~trate                 |            || chief judicial magistrate |            || 10                         |            || judicial magistrate of the |            || first class               |            || 2                         |            || magistrate of _ the first  |            || class                     |            || 3·                         |            || sub-divisional magis-      |            || trate                     |            || judicial malistrate        |            || of                         | the        || first class                | •         || 15                         |            || 4·                         |            || magistrate                 |            || of                         |            || the                        |            || second                     |            || 1                          |            || class                     |            || judicial                   | magistrate || second                     |            || class                     |            || 5·                         |            || magistrate of the third -  |            || class                     |            || j                          |            || judicial magistrate"      |            || 20                         |            || 6                         |            || magistrate (except where   |            || it                         |            || occurs                     |            || in any expres-             |            || sion mentioned above)     |            |12 in section 29b, for the words cia district magistrate or a chief presidency magistrate, or by any magistrate specially empowered by the state government", the words "a chief judicial magistrate or any other judicial maiistrate' s~eciaiiy em~wered by the 'state govem-25 ment in consultation with the' high court" shall be substituted 13 for section 30, the following section shall be substituted, namely:-"30 notwithstanding anything contained in section 28 or offences section '29, the state government, in consultation with the high punishable 30 court, may invest any chief judicial magistrate or any other with impri judicial magistrate of the first class with power to try as a judi- ~o;:::~:; cial magistrate all offences not punishable with death or with seven yean imprisonment for life or with imprisonment for a term exceeding seven years: 35 provided that no chief judicial magistrate or judicial magistrate of the first class shall be invested with such powers unless 1479 (b) 18-2 he bas, for not less than ten years, exercised as a magistrate powers not inferior to those of a magistrate of the first class: provided further that if any judicial magistrate of the first class has, prior to his appointment as such magistrate, exercised tilt! powers of an assistant sessions judge, he may be itwested s with the powers under this section notwithstanding the fact that he has not exercised the powers of a magistrate of the first class for not less than ten years" 14 in section 32,-10 (a) in sub-section (1),-(i) in the opening sentence, before the word "magistrates", the wotd "judicial" shall be ~n~~rted; (ii) in clause (a), for the words "courts of 'presidency magistrates and of magistrates of the first class: ", the!! words "courts of judicial magistrates of the first class:'~~ 'and in is clause (b); for the words "courts of magistrates", the words "courts of judicial magistrates" shall be substituted; (iii) clause (c) shall be omitted (b) in sub-section (2), for the words "any magistrate", the words "any judicial magistrate" shall be substituted 20 15~ in section 33, ip subi-section (1) ,-(i) in the op~n~ng 'p~agrapb, for the words "qy ~"s~4te", the words "any judicial magistrate" shall be substitute~; (ii) in the proviso, in clause (b), for the words "by a magistrate", the words "by a judicial magistrate" shall be substituted 25 16 in the marginal heading of section 34, for the word "district", the word "judicial" shall be substituted 17 in section 36, after the words "disfrict magistrates," the words "chief judicial mngistrat-es" shall be inserted; and for the words "magistrates of the first, second and third r'as~t"-·j the words "judi- 30 cial and executive magistrates other than special judicial or executive magistrates" shall be substituted is for sections 37 and 38, the following sections shall be substi: tuted, namely:-5 "37 in addition to the ordinary powers,-additional powers (i) the state government in consultation with the high conferable court, may invest any judicial magistrate with any of the on ma,is- ,  trates \ powers as specified in part i (a) of the fourth schedule; 10 ciz) a c!lief judicial ~1agis!rate may invest any judicial magistrate within his local jurisdiction with the powers specified in plrt i (8) of the fourth schedule; (iii) the state government may invest any executive magistrate with any of the powers as specified in part ii (a) of the fourth sched:ile; and 15 (iv) a district magistrate may invest any executive magistrate within his local jurisdiction with the powers specified in part ii (b) of the fourth schedule 20 38 the pow~ co¢"erred on the chief judicial,ma8istratc under exercise clause (i,) of s!ction 37 s~all be exerci$ed sjbject to the control of the of powers high court and the state government and the power conferred on the under district magistrate under clau~ (;'0) of that s:ction shall be exercised section 37 ubject to the control of the s tate government" jbyd~ielf u icla magistrate or district malistrateto be subject to control of high court or stateoovernment 19 after section 38, the following section shall be  inserted, namely:-2s 30 "38a whenever, under any provisions of this code or of powers on any other law for the time being in force relating to any of judicial the matters specified in lists ii and iii of the seventh sche- malis_ c "  d'  b" d trates to dule to the onotltutlon, any ju lelal powers are to e con,erre on be codfera sessions judge, or an additional or assistant sessiou judge or a red in chief judicial magistrate or any other judicial magistrate ~r any consult&-such mag:strate is to 'be specially empowered to exercise such tion with powers, the orders conferring such powers or empowering the ~:!t exercise of such powers shall be made by the state government in consultation with the high court notwithstanding that such provision may not expressly so provide explanation-for the purposes of this section, the qu'estion whether any powers are judicial shall be decided iby the state 5 government in consultation with the high court and such decision shall be final" ,  20 in sub~section (1) of section 39, for the words "the state government", the words "the state government, in consultation with the high court; where necessary," shall be substituted 10 21 in section 40, for the words "the state government", occurring for the second time, the words "the state government, in consultation with the high court, where necessary," shall be substituted 22 in section 41-15 (i) in sub-section (1), after the words "the, state government", the words "in consultation with the idgh court, where necessary," shall be inserted; and  , (ii) for sub-section (2), the following sub-section shall be substituted, namely:-{ , 20 "(2) any powers conferred by the chief judicial magistrate or the district magistrate may be withdrawn by him"~ i 23 in section 57,-(i) in sub-section (2), for the words "a magistrate", the 25 words "a judicial magistrate having jurisdiction" shall be substituted; i i (ii) in sub-section (3), for the word "magistrate", the words "judicial magistrate" shall be substituted 24 in section 63, for the word "magistrate", the words "magis- 30 trate having jurisdiction" shall be substituted :as for sub-section (1) of section 78, the following sub-section 14hall be substituted, namely:-"(1) a district magistrate or a chief judicial magistrate ur any other judicial magistrate of the first class or a sub-divi- 35 aional magistrate may direct a warrant to any landholder, farmer or mana«er of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit" 26 in s~ction 88,-, s (a) in sub-section (2), after the words "district magistrate", the words "or chief judicial magistrate" shall be inserted; ! 10 (b) in sub-section (6 b), after the words "district magistrate", the words "or chief judicial magistrate" shall be inserted; and (c) for the proviso to sub-section (6c), the following proviso shall be substituted, namely:-"provided that if it is preferred or made in the court of a district magistrate or chief judicial magistrate, he may make it over for disposal to any magistrate subordinate to him, and such magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such magistrate and the claim or objection had been originally preferred or made before him" i 20 27 in section 95, after the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be inserted 28 in sub-section (2) of section 96, after the words "district :magistrate", the words "or chief judicial magistrate" shall be in-2s serted i ~! 29 in section 98, after the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be inserted 30  in sub-section (1) of section 106, for the words "court of a presidency magistrate, a district magistrate, a sub-divisional magis-30 trate or a magistrate", the words "court of a chief judicial magis- trate or any other judicial magistrate" shall be substituted 31 in sectiors 107, 108 and 109, for the words "magis:rate of the first class" and in section 110, for the words "a magistrate of the first class", the words "an executive magistrate of the first class" 35 shall be substituted ! i ': 32 in section 124,-(i) for the words "chief presidency", wherever they occur, the words "chief judicial" shall be substituted; (ii) in sab-section (1), for the words "under thls chapter", the words "under section 118 or, as the case may be, under section 106" shall be substituted; and (ni) in sub-section (2), for the words "under this chapter", the words "u~der section 106 or, as the case may be, under 5 section 118" shall be substituted 33 for section 125, the following section shall be substituted, namely:-"125 the chief judicial magistrate may at any time, for sufficient reasons to be recorded in writing, cancel any 'bond for 10 keeping the peaee executed under section 106 and the district ~lagistrate may at any time likewis! cancel any bond for keeping the peace or for good behaviour executed under section 118 by 6tdel" of inycourt in his district not ~perior to his court" 15 power of chief judicial magistrate to cancel any bond for keeping the peace or good behaviour (i) in·sulb-section (1), for the words "to a presidency magistrate, district magistrate, sub-divisional magistrate or magistrate of the first class", the words "to the court by which an order to give security was made under s:ction i 06 or section i 18" shall be substituted,; and 20 (ii) for sub-section (2), the following sub-section shall 'be substituted, ,:!whely:-"(~j;'lbii such application being ma~, the court ,shall issue summons or warrant, as it thinks fit, requiring the person 'for whom such surety is bowld to appear or to be 25 brought berore it" 35 in'sections 127, 128, 129, 131 and 132, for the word "magistrate", wherever it occurs, the words "executive magistrate" shall be substituted and ill sections 130 and 131, for the words "a magistrate", the words "an executive magistrate" shall be substituted 30 36 in section 133,-(i) in the opening paragraph of sub-section (1) and in sub-section (2), for the words "a magistrate", the words "an executive magistrate" shall be !'>ubstituted; and (ii) in the closing paragraph of sub-section (1), for the~' words "magistrate of the first or second class", the words "executive magistrate" shall be substituted 37· in section 143, for the words "any other magistrate", the words "any other executive magistrate" shall be substituted 38 in sub-section (1) of section 144, for the words and brackets "any other magistrate (not being a magistrate of the third class) ", 5 the words "any other executive magistrate" shall be substituted 39· in sub-section (1) of section 145 and sub-section (1) of section 147, for the words "magistrate of the first class", the words "executive magistrate of the first class" shall be substituted 40 in sub-section (1) of section 155, the words "having power to 10 try such case or commit the same for trial" shall be inserted at the end 41 for sub-section (1) of section 164, the following sub-section shall be substituted, namely:-,  "(1") any executive magistrate of the first clasa and any i 5 executt~ megj8trat, of the second class (not being a police oftieer) specially empowered in this behalf by the state government, and any judicial magistrate of the first class or any judicial magistrate of the second class specially empowered in this behalf by the state government in consultation with the high court, 20 may record any statement or confession 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 before the commencement of the inquiry or trial" 42 in section 167,-35 (1) for the proviso to sub-section (2), the following proviso shall be substituted, nantely:-"provided" that· no executive or judicial magistrate of the second class not specially empowered in this behalf by the state government in consultation with the high court, where necessary, shall authorise detention in the custody of the 30 police "; and (ii) for sub-section (4), the following sub-section shall be substituted, namely:-3s "(4) if such order is given by an executive magistrate other than the district magistrate or sub-divisional magistrate he shall forward a copy of his order, with his reasons for making it, to the magistrate to whom he is immediately subordinate and if such order is given by a judicial magistratp, he shall forward a copy of his order, with his reasons for making it, to the chief judicial magistrate" 43 in sub-section (3) of section 170, for the words "district magistrate or sub-divisional magistrate", the words "chief judicial 5 magistrate" shall be substituted 44 in 91 b-section (5) of section 174, for the words "magistrate of the first elliss and any magistrate", the words "executive magistrate of the first class and any other executive magistrate" shall be substituted 10 45 in sub-section (1) of section 186, for the words "a presidency magistrate, a district magistrate, a sub-divisional magistrate or, if he is specially empowered in this 'behalf by the state government, a magistrate of the first class", the words "a district magistrate, a chief judicial magistrate, a sub-divisional magistrate, or, if he is specially is empowered in this behalf by the state government in consultation , with the high court, where necessary, an executive or judicial magistrate of the first class" shall be substituted 46 in sub-section (1) of section 187, for the words cia presidency magistrate or dh:trict magistrate such magistrate shall send the 20 person arrested to the district or sub-divisional magistrate", the words "a district magistrate or chief judicial magistrate, such magistrate shall send the person arrested to the district or sub-divisional magistrate, or, as the case may be, to the chief judicial magistrate" shall be substituted -2s  47 in section 190,-(i) in sub-section (1), for the words, "any presidency magistrate, district magistrate or sub-divisional magistrate and any other magistrate", the words "any chief judicial magistrate and any other judicial magistrate" shall be substituted; 30 (iz) in sub-&:!ction (2), for the word, "the state government, or the district magistrate, subject to the general or special orders of the btate government, may empower any magistrate", the word3'''tne state government in consultation 'with the high court or the chief judicial magistrate, subject to the general or special 3s orders of the high court, may empower any other judicial magistrlte" shall be substituted; and (iii) in sub-section (3) for the words "state government may empower any magistrate", the twords "state government, in consultation with the high court, may empower any judicial magistrate" shall be substituted  48 in section 192,-s (i) in sub-section (1), for the words "any chief presidency' magistrate, district magistrate or sub-ciivisional magistrate", the words "any chief judicial magistrate" shall be substituted; and (ii) in sub-section (2), for the words "district magistrate", the words "chief judicial magistrate" shall be substituted 10 49 in sub-section (2) of section 193, for the words tethe state government", the words "the state government, in consultation' with the high court," shall be substituted ~' 50 in section ·t96b, for the w~rds "chief presideji~y·magistrate", the words "chief judicial magistrate", shall be substituted ·in-in sub-section· (1) of section 206, for the worda:and' braekets "any presideney magistt"ate, district magisuate, sub-divisional ~agistrate or magistrate 'of the first class or any magistrate (not being a magistrate of the thirdc1qss) empowered in this behalf by the state government", the words "any chief judicial magistrate or a judicial magistrate of the first class or any judicial magistrate of the second class empowered in this behalf by the state government, in consultation with the high court," shall be substituted 52 in section 249, for the words "a presidency magistrate, a magis-·trate of the first class, or, with the previous sanction of the district magistrate, any other magisti'ate", the words "a judicial mag18trate of-·ute first class, or, with "the previous sanction of the chief judiclial magistrate, any judicial magistrate of the second class"  shall be substituted 53 in sub-section (3) of section 250, the words "or third" shall be omitted 54 in the opening paragraph of sub-section (1) of section 260, for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-~  t: "(a) the chief judicial magistrate, i" (b) any judicial magistrate of the first class specially em-' , ;" ;~3s powered in this behalf by the state government, in consultation l 'with the high court, and r7!l (b) ls-7· (c) any bench of judicial magistrates invested with the powers of a judicial magistrate of the first class and specially emptlwered in this behalf by the state government ,in consulta-"tion with the high court," 55 [n section 26r ,-5 (i) in the marginal heading, for the words "bench of magistrates", the w)rds "bench of judicial magistrates" s~all be substituted; (ij) in the opening paragraph, for the words "state government may confer on any bench of magistrates invested the powers of a magiutrate of the second or third class", the words "state government 10 in consultation with the high court may confer on any bench of judicial magistrates invested with the powers of a judicial magistrate of the second class" shall be substituted 56 in section 263, for the words "bench of magistrates", "the words "bench of judicial magistrates:' and for the words "the state government", 15 the words "the high court" shall nspectively be substituted 57 in sub-section (2) of section 265, for the words "the state government may authorize any bench of magistrates", the words "the state" government, in consultation with the high coun, may authorise any bench of judicial magistrates" shall be substituted 20 58 in sub-sections (1) and (2) of section 269, after the words "state government", the words "in consultation with the high court" shall be inserted 59 in section 337, in sub-section (1) ,-(i) in the opening paragraph, for the words "a presidency 25 magistrate, a sub-divisional magistrate", the words "the chief judicial magistrate" shall be substituted; (ii) for the proviso, the following proviso shall be substituted, namely:-"provided that where the offence is under inquiry or 30 trial, no magistrate of the first class other than the chief judicial magistrate shall exercise the power hereby conferred unless he is the magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no magistrate of the first class other than the district magis- 35 trate or the chief judicial magistrate shall exercise the power unless he is the judicial magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the chief judicial magistrate has been obtained to the exercise thereof" 40 60 in section 338, for the words "district magistrate", the words "chief judicial magistrate" shall be substituted 61 in &ub-section (1) of section 346, after the words "district magistrate", the words "or the chief judicial magistrate, as the case may be," ~hal1 be inserted 62 in section 349,-5 (i) in sub-secti'on (1),-(a) for the words "a magistrate of the second or third class", the words "a judicial magistrate of the second class" shall be substituted; and (9) for the words "district magistrate or sub-divisional t(l magistrate", the words "chief judicial magistrate" shall be substituted; and (ii) in sub-section (la), for the words "district magistrate or sub-divisional magistrate", the words "chief judicial magistrate" shall be substituted ~ :' : :': '; :  ,,:  15 63 for section 373, ,the following section shall be substituted, namely:-, j ', : '" "373 in cases tried by the court of session, the court shall court forward a copy of its finding and sentence (if any) to the district of session magistrate and tile chief judicial magistrate within the local tosend 20 limits of whose juri~dict~on the trial was held" ~~: and sentenceto district magistrate and chief judicial magis-·m in section '380, ':t~t' t~e;~ords "magistrate of ijle first class or trate a sub-divisional' magistra't~jj, ·:the words "judicial magistrate"of the first class" shall be substituted 65 for section 406a, the: 'following sections shall be substituted, 25 namely:-''406a any person aggrieved by an order refusing to accept appeal or rejecting a surety under section 122 may appeal against from d or er such order ,-refusing (a) if made by the district magistrate or the chief judi- to ac~ept 30 cial magistrate, to the ourt of session; ~~gr:ject-(b) if made by an executive magistrate other than the surety district magistrate, to the district magistrate; and (c) if made by a judicial magistrate other than the chief judicial magistrate, to the chief judicial magistrate 406b the district magistrate or the chief judicial magistrate may trarsfer any appeal presented to him under section 406a to an additional district magistrate, or to the additional chief judicial magistrate, as the case may be, and such additional district magistrate or additional chief judicial mu,istrate may s hear and dispose of the appeal" transfer otappeal toadditiona! district magistrateand to additional chief judicial magistrate 66 in section 408, for the words "a district magitrate or any other ¥agi$trate, or any person sentenced under section 549 or in respect o~ whom an order has been made or a sentence has been passed under section 380 by any magistrate", the words nor a judi,cial 10 magistrate or any person sentenced under section 349 or in respect of whom· an, order,' has been made or a sentence has been passed under section 380 by a judicial magistrate" shall be suntituted 67 in section 409,-(i) in the proviso to sub-section (1), the w\~ "or third" is shall be omitted; and (ii) in sub-section (2), for the words "stah- government", the words "state government, in consultation ,'lb the high court" shall be substituted -  'j 68 ii) secu,on 412, for,the words "magistrate ,  ~ da"':',20 th~ wo~sc'jvdic~alrm,gi$""te of the filst cjass~'  -- suhm~ i i •69 in section 413, for the words "or district  rsate or other magistrate", the words "or chief judicial magistrate- ~ j'mer judicial magistrate" shall be s1:1bstituted 70 in sub-section (1) of section 425 for the ~ "district 2s , , magistrate" wherever they occur, the words '-cme: :'-iicial magistrate" shall be substituted, and the words "and a ~ ~f shall be forwarded to the district magistrate" shall be ids&1ic 1& the end 71 in sub-section (1) of section 428, for tm w'i'\f --magistrate", wherever it occurs, the words "judicial magistr  u be substitu- 30 ted 72 for section 435, the following section shall be substituted, namely:-5 10 "435 (1) the high court or any sessions judge may call for power and examine the record of any proceeding before any inferior to call criminal court situate within the local limits of its or his juris- _ ~:ords diction and any chief judicial magistrate may call for and ex a- ;of inferior mine the record of any proceedings before any judicial magistrate courts under his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any -proceedings of such inferior court or such magistrate, as the case may be, and may, when calling for such record, direct that the eixecution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bailor on his  own bond pending the examination of the record is (2) the district magistrate or any sub-divisional magistrate empowered by the state government in this behalf, may call for and examine-the record of any proceeding before any ~ubordinate executive magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed,and, as to the regularity of any proceedings of such subordinate-magistrate and may, when calling for such record, direct that the execution of any order be suspended and, if the person is in confinement, that he be released on bail on his own bond pending the examination of the record 25 (3) if any sub-divisional magistrate acting under sub-section (2) -considers that any such proceeding or order is illegal or improper he shall forward the record, with such remarks thereon as he thinks fit, to the district magistrate 30 (4) the high court may call for and examine the record of any' pjot:eeding under section 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an executive magistrate - 3s 40 (5) if an application in respect of any proceeding before any judicial magistrate other than the chief judicial magistrate has been made under sub-section (1) either to the sessions judge or the chief judicial magistrate, no further application shall be entertained by the other of them and if an application in respect of any proceeding before any executive magistrate has been made to the sessions judge under sub-section (1) or to the district magistrate under sub-section (2) no further application shall be entertained by the other of them" section 436 shall be re-numbered as sub-section (1) thereof, and-(i) in sub-section (1 as so re-numbered-(a) for the words "district magistrate", wherever they occur, the words "chief judicial magistrate" shall be substi-5 ruted; (b) in the proviso, for the word "section", the word "sub-section" shall be substituted; (ii) after sub-section (1) as so re-numbered, the following sub-s;!ction shall be inserted, namely:-10 ii (2) on examining any record under section 435 or otherwise, the district magistrate may direct any sub-divisional magistrate or any other magistrate subordinate to him to make, and the sub-divisional magistrate may himself make or direct any subordinate magistrate to make, further 15 ; nquiry into any proceeding in which an order of release or hscharge has been made under section 119: provided that no district magistrate shall make any direction under this sub-section for further inquiry into the :ase of any person who has been released or discharged un- 20 less such person has had an opportunity of showing cause why such direction should not be made" 74 il section 437, for the words "district magistrate", wherever they oc\ ur, the words "chief judicial magistrate" shall be substitu-~ ~ 7 5 it ~ection 438,- (i) for the words "district magistrate'\ the words "chief jud ~ial magistrate" shall be substituted; and (ii) after sub-section (2), the following sub-section shall be inse:ted, namely:-30 "(3 the district magistrate, on examining under sec-ion 435 or otherwise the record of any proceeding,-(a) shall, if such proceeding is in respect of an order ander section 118, 122, 143, 144 or 145 and if he thinks that the order made in such proceeding should be rever- 3s sed or altered, report for the orders of the high court the result of such examinatiod; 5 (b) may, if such proceeding is in respect of an order made under any other section, exercise, subject to the provisions of sub-section (2) of section 436, any of the powers conferred on a court of appeal by sections 423, 426, 427 and 428" 76 in sub-section (3) of section 439, for the words "a magistrate of the first class", the words "a judicial magistrate of the first class" shall be substituted 77 in section 479, for the words "presiden~y magistrate, district iomagistrate or other magistrate",the words "chief judicial magistrate or any other judicial magistrate" shall be substituted 78 in sub-section (1) of section 488, for the words "district magistrate, a presidency magistrate, a sub-divisional magistrate or a magistrate", the words "chief judicial magistrate or any other judicial 15 magistrate" shall be substituted 79 in sub-section (2) of section 512, for the words "any magistrate of the first class", the words "any judicial magistrate of the first class" shall be substituted 80 for section 515, the following section shall be substituted, 20 namely:_ "515 all orders under section 514 shall appealable-appeal from, (i) to the district magistrate, if passed by an executive and revi-25 magistrate; and sian of orders (ii) to the chief judicial magistrate, if passed by a judi- under cial magistrate  section , 514-or if not so appealed, may be revised by such district magistrate" or, as the case may be,by the chief judicial magistrate" 81 in section 524,-(i) in sub-section (1), for the words "magistrate at the first 30 class", the words "executive magistrate of the first class" shall be substituted; and (ii) in sub-section (2),for the words "to the court to which appeals against sentences of the court passing such order would lie", the words "to the sessions judge" shall be substituted 3582 in section 528,-(,) in sub-section (2),-(a) for the words "any chief presidency magistrate, district magistrate or sub-divisional magistrate", the words "the chief judicial magistrate" shall be substituted; and (b) for the marginal heading, the following shall be substituted namely: -"chief judicial magistrate may withdraw or refer cases'; (ii) after sub-section (2), the following sub-sections, shall be s inserted, namely:-"(2a) the state government in consultation with the high court, may authorise the chief judicial magistrate to withdraw from any magistrate subordinate to him either such classes of cases as he thinks proper, or particular elasses of 10 cases power to authorise chief judicial magistrate to withdraw classes of c,!lses district magistrate may withdraw or refer cases (2b) any district magistrate may withdraw any case from, or recall any case which he has made over to, any magistrate subordinate to him, and may inquire into such case himself, or refer it for inquiry to any other such magis- is trate competent to inquire into the same" 83 in sub-section (2) of section 559, for the words "the chief presidency mag;strate in a pres~dency-town, and the district magistrate outside such towns", the words "the chief judicial magistrate in the case of judicial magistrates and the district magistrate in the 20 case of executive magistrates" shall be substituted 84 in section 561, for the words "a chief presidency magistrate or a district magistrate", wherever they occur, the words "a chief judicial magistrate" shall be substituted 85 in the proviso to sub-section (1) of section 562,-(i) for the words "magistrate of the third class, or a magis-· trate of the second class not specially empowered by the state government" the words "judicial magistrate of the second class not specially empowered by the state government in consultation with the high court" shall be substituted; and 30 (ii) for the words "magistrate of the first class or sub-divisional magistrate", the words "jud;cial magistrate of the first class" shall be substituted 86 in section 565,-(i) in sub-section (1) for the words "presidency magistrate, 35 district magistrate, sub-divisional magistrate or magistrate", the ',,;>rds "chief judicial magistrate or any other judi(ial magistrate" shall be substituted (ii) - in sub-section (3), after the words "state government", the words "in consultation with the high court" shall be inserted; and 5 (iii) in sub-section (5), for the word "magistrate", the words "judic:al magistrate" shall be substituted 87 in schedule ii, in column 8,-(i) for the word "magistrate", wherever it occurs except in 10 the expression "presidency magistrate", the words "judicial magistrate", and for the words "any magistrate", wherever they occur, the words "any judicial magistrate" shall be substituted; (ii) for the entry against section 124a, the fonowing entry shall be substituted, namely:-15 "court of session, chief judicial magistrate or any other judicial magistrate of the first class specially empowered by the state government, in consultation with the high court in that behalf"; and (iii) in the entry relating to section 376, for the words "chief 20 presidency magistrate or district magistrate", the words "or chief judic!al magistrate" shall be substituted 88 for schedules iii and iv, the following schedules shall be substituted, namely:- "schedule iii (see section 36) ordinary powers of state maclstrans i ordinary powers of a judicial magistrate of the second class(i) power to arrest or direct the arrest of, and to commit to custody, a person committing an offence ;n his presence, section 30 64 (2) power to arrest, or direct the arrest in his presence of, an offender, section 65 (3) power to endorse a warrant, or to order the removal of an accused person arrested under warrant, sections 83, 84 and 35 86 (4) power to issue proclamations in cases judicially before him, section 87 (5) power to attach and sell property and to dispose of claims or objections to attached property, section 88 (6) power to restore attached property, section 89 (7) power to require search to be made for letters and telegrams, section 95 5 (8) power to issue search warrant, section 96 (9) power to endorse a search warrant and order delivery of thing found, section 99 (10) power to order the police to investigate an offence in cases in which the magistrate has jurisdiction to try or commit 10 for trial, section 155 (11) power to authorise detention, not being detention in the custody of the police, of a person during a police investigation, section 167 (12) power to postpone issue of process and to inquire into is a case or direct investigation, section 202 (13) power to detain an offender found in court, section i 351• , (14) power to take evidence on commission, section 503 (15) power to recover forfeited bond for appearance before 20 magistrate's court, section 514, and to require fresh security, liection 514a (16) power to make order as to custody and disposal of property pending inquiry or trial, section 516a (17) power to make order as to disposal of property, section 2s 617; (18) power to sell property of a suspected character, section 625 -~::i ~1 (19) power to require affidavit in support of application, section 539a 30 (20) power to make local inspection, section 539b  n-ordinary powers of a judicial magistrate of the first class(1) the ordinary powers of a judicial magistrate of the second class: (2) power to direct warrant to landholders, section 78 3s (3) power to issue search warrant otherwise than in due course of an inquiry, section 98 (4) power to issue search warrant for discovery of persons wrongfully confined, section 100 (5) power to require execution of a bond, section 106 (6) power to discharge sureties section 126a s (7) power to record statements and confessions during a police investigation, section 164 (8) power to authorise de trr t:oil of a prrson;n the custody of the police during a police investigation, section 187 (9) power to commit for trial, section 206 10 (10) power to stop proceedings when no complainant, section 249 (11) power to tender pardon to accomplice during inquiry into case by himself, section 337 (12) power to make orders of maintenance, sections 488 and 15 489 (13) power to recall case made over by him to another magistrate, section 528(4)   - (14) power to make order as to first offenders section 562 (15) power t(l order rpleased convicts to notifv residence, 20 section 565  m-ordinary powers of a chief judicial magistrate(1) the ordinary powers of a judicial magistrate of the first class (2) power to try juvenile offenders, section 29b 25 (3) power to require delivery of letters telegrams, etc, section 95 (4) power to issue search w~rrants for documents in custody of postal or telegraph authorities, section 96 (5) power to release person!; imorisoned for failul"t" to give 30 c:;pcurity under section 106 section 124 (6) power to cancel any bond for keeping the peace under section 106, section 125 (7) power to order police investigation into a cognizable ~~se, section 156 3s (8) power to issue process for a person within locaj juris dictien who has committed an offence outside the local juri  diction, section 186 (9) power tq ~ntertain c:!omplaints, section 190 (to) power to receive police reports, section 190 (11) power to entertain cases without complaint, section 190 (12) power to transfer cases to a subordinate magistrate, section 192  (13) power to order preliminary investigation by a police 5 officer not ·below the rank of an inspector in certain cases, section' 196b (14) power to try summarily, section 260 (15) power to tender pardon to accomplice at any stage of 8 case, section 337 10 (16) power to pass sentence on proceedings recorded hy a subordinate magistrate, section 349 (17) power to call for records, secti~ 435 (18) power to order inquiry, sectian436 (~9) pqwer to ord~r commitment~ section 437 (20) power to report cr se to high court, section 438 (21) p,ower to withdraw cases and to try or refer them for trial, section 528 iv-ordinary powers of an executive magistrate of the second class (1) p~wer t() arrest or direct the arrest of, and to commit to 20 custody, a person committing an offence in his presence, section 64 (2) power to arrest, or direct the arrest in his presence of an offender, section 65 (3)  p,ower to endorse b warrant, or to order the removal of 25 an ~ccused person arrested under a warrant, sections 83, 84 and 88  ; , , (4) power to issue proc1amati'ons, section 87   (5) power to attach 'and sell property, section 88 (6) power to restore attached property, section 89 30 (7) ·power to require search to be made for letters and tele~ grams, section 95 ' (8) power to issue s'!arch warrants, s'!ction 96 (9) power to endorse a search warrant and order delivery of thing found, section 99 35 (10) power to command unlawful assembly to disperse, section 127 (11) power to use civil force to disperse ,\lnlawful assembly, asection 128 (12) power to -require military force to be used to disperse unlawful assembly, section 130 s (13) power to authorise detention not being detention in the custody of the police, of a person during a police investigation, section 167 (14) power to take evidence on rom"llis~ion, section 503 (15) power to recover forfeited bond for appearance before magistrate's court, section 514 and to require fresh security, section 514aj 10 (16) power to make order as to disposal of property, section 517 (17) power to sell property of a suspected character, section 525  v~inary powers 'of an executive magistrate ot the first cla,s15 (1) the ordinary powers of an executive magistrate of the -second- -class -(2) power to issue search warrant otherwise than in 'course of an: inquiry·, section 98 20 (3) power to issue search warrant for discovery of ,:persons wrongfully confined, section 100  (4) power to -require security to keep the peace, section 107 (5) power to reollire security for good behaviour, section 109 i (6) power to discharge sureties, section 126a (7) power to-make orders as to local'nuis8l'lces,- section 133 (8) power to make orders, etc, in possession cases, sections 145, 146 and 147 ,-c, "f9t -pmftr" to' authorise detention of a penon in -the custody of the police during 8 police investigation, smion 167 30 (10) power -to hold inquests, section 174  vi-ordioory· powers· of a sub-dit"isicmal magistrate(1) the ordinary powers of an executive magistrate of the first class (2) power to direct warrants to land-holders, section 78 (3) power to require security for good behaviour, section 110 (4) power to make orders prohibiting repetitions of nui~ ~ances, section 143 (5) power to make orders under section 144 (6) power to d'epute subordinate executive magistrate tq make local inquiry, section 148 (7) power to issue process for person within local jurisdiction who has committed an offence outtdde the local juris- s diction, section 186 (8) power to sell pronerty al1,;,gcd 0" suspected to have been stolen, etc  :o:ection 524  vit-ordinary powers of a district magistrate(1) the ordinary powers of a sub-divisional magistrate fo (2) power to require delivery of letters, telegrams~ etc, section 95  (3) power to issue search warrants for docmnents in custody of postal or telegraph authorities, section 96 (4) power to require security for ~d ,behaviour, section, is 108 (5) power to discharge persons bound to keep the peace or to be of good behaviour under section 118 section 124 (6) power to cancel bond for keeping the peace or to be of good behaviour under section 118 section 125 20 (7) power to order preliminary investigation by police officer not below the rank: of inspector in certain cases, section -96 ~(8) power to tender "roan to accomplice at the sta", of s,', j:,," investigation seetion 337 ~ i (9) power to can for and examine records section 43~ (2)' (to) power to direct executive magistrate to make further inquiry into proceeding~ etc  section 436 (,) 1 ,j (11) power to report case to high court, section 438 (3) 30 m j (12) power to appoint person to be public prosecutor in particular case ~tion 492 (2) '" :: 'm ;!e (13) power to compel restoration of ;abducted female section 552  schedule iv (see sections 37 and 38) additional powers with which state magistrates may be invested part i5 a-by the state government in consultation with thb high court powers with which a judicial magistrate of the first class may be invested (l) power to try juvenile offenders, section 29b 10 (2) power to issue process for person within local jurisdiction who has committed an offence outside the local juri&-diction, section 186 (3) power to take cognizance of offences upon complaint, section 190 ' is (4) power to take cognizance of offences upon police reports, section 190 (5) power to take cognizance of offences without complaint, section 190 (6) power to try summarily, section 260 20 (7) power to try cases under section 124a of the indian penal code j  powers with which a judicial magisttate of the second class may be invested (1) power to try juvenile offenders, section 29b 25 (2) power to record statements and confessions during a police investigation, section 164 (3) power to authorise detention of a person in the custody of the police during a police investigation, section 167 30 35 (4) power to take cognizance of offcnc!s upon complaint, section 190 (5) power to take cognizance of offences upon police reports, section 190 (6) power to take cognizance of offences without complaint, section 190 (7) power to commit for trial, section 206 (8) power to make orders as to first offenders, section 562  b-by the chief judle·ial magistratepowers with which any judicial magisltate of the first class may be invested  -(1) power to take cognizance of offences"upon'" coltiplatnt, section 190 5 (2) power t~ take cognizance of offences upon police reports, section 190 (3) power to transfer cases, section 192 powers with which any judicial magistrate of the second class may 10 be inf1estld (1) power to take cognizance of offences upon complaint section 190 (2) power to take cognizance of offences upon·"pou, ~rtsj section 190  part ii15  a-by state governmentpowers with which a sub~iivi~ional magistrate may be' inve!sted power to callfoi' records of inferior courts and to fottwllrd them  to the district magistrate, sub-sections (2) and (3)  :7of  ~ 435 ~owets with which an executive magistrate of the first class may be 20  invested (1) power to require security for good behaviour in case of sedition, section 108 (2) power to require ~ecurity for good beha\7iour, section 110 25 (3) power to make orders prohibiting repetitions of nuisances, section 143 (4) power to make orders under section 144 (5) power to issue process for person within local jurisdiction, who has committed an offence out:ide the local jurisdic- 30 tion, section 186 (6) power to sell property alleged or suspected to have been stolen, etc, section 524 powers with which an executive magistrat~ of the second class may be invested (1) power to make orders prohibiting repetitions of nuisances section 143 5 (2) power to make orders under section 144 (3) power to record statements and confessions during a police investigation, section 164 (4) power to authorise detention of a person in the custody of the police during a police investigation, section 167 10 (5) power to hold inquests section 174  b-by nm district \iagistratepowers with which any ellecutive magistrate of the fif'st class may be invested (1) po~er to make orders prohibiting repetition ofnui-15 sances, section 143 (2) power to make orders under section 144 powers with which any executi"e magistrate of the second clabl may be invested (1) power to make orders prohibiting repetitions of nui-20 srmces, section 143 (2) power to make orders under section 144 (3) power to hold inquests, section 174·"  statement of objects and reasonsthe bill seeks to separate the judiciary from the executive in the matter of administration of criminal law in the union territories of delhi and himachal pradesh and has been 'brought forward in compliance with the directive r til (;:1 " s of state policy embodied in article 50 of the constitution the object is sought to be achieved by amendment of the code of criminal procedure, 1898 (oide clause 3 and the schedule) by providing for the classification of the magistracy into judicial magistrates and executive magistrates and for the appointment of members of the judicial service as judicial magistrates with the approval of the high court the bill seeks to make changes in the various provisions of the code with a view to giving ej!ect to this classiftcation and contains the necessary transitional and saving provisions the bill also sets out the respective cases other than those specifically covered by the proposed amendments to the code, in which functions shall be exercisable under any law by judicial and executive magistrates power has also been taken for the removal of diftlculties, if any, in giving effect to the provisions of the bill after it becomes an act new delhi; g l nanda rhe 19th july, 1966  president's recol\tlmendation under 117 of the constitution of india[copy of letter no f i3/1/6s-utl, dated the 27th july,l966 from shri jai sukh lal hathi, minister of state in the ministry of home mairs to the hecretary, lok sabha] the president having been informed of the subject matter of the bill ii) provide for the separation of judicial and executive functions in the union tenitories of delhi and himachal prades!1, recommends, under claus: (3) of article i j7 of the constitution, the consideration of the iiid bill in the lok sabha section 12 of the code of criminal procedure, 1898, us proposed to be modified by paragraph 5 of the schedule to the bill, read with clause 3 thereof, seeks to provide for appointment cf executive magistrat(s and tor conferment of powers of an y clae of a j ud:cial magistrate on members of the judicial service of the union territory of delhi or himachal pradesh the said paragraph of the schedule also pro,·idel that durirg the first three yfars persons who are members of a civil service in the union territory of delhi or himachal pradesh or any state and are or have been exercising the powers of a magistrate in such territory or state may be appointed as judicial magistrates section 14 of the code, as proposed to be modified by paragraph 7 of that schedule, makes provision for appointment of special, judicial magistrates and special executive magistrates the scheme of the bill, in effect, involves the c1a~sification, at the initial stage, of the existing magistrates in the two union ttrritories into executive and judicial magistrates and no additional expenditure would be involved on this account it is intended that the future strength of the judicial service in the two union territoiies will be determined before the expiry of the transitional period of three years and this will be done after assessing the actual requirements in the light of the working of the scheme of separation for some time as a result of this determination, some additional expenditure may be involved such expenditure in the case of delhi which will have to be met from the consolidated fund of india may ultimately be of the order of rupees two 19khs (non-recurring) rnd rupee twelve lakhs per annum (recurring)  part ii constitution and powers of criminal courts and offices chapter n of the constitution of criminal courts and offices a~iasbeb of criminal courtsclasses of criminal courts 6 besides the high courts and the courts constituted under any law other than this code for the time being in force, there shan be five classes of criminal courts in india, namely:-i-courts of session: n-presidency magistrates: ill-magistrates of the first class: iv-magistrates of the second class: v -magistrates of the third class  b-territorial divisionssessions divisions and districts 7 (1) every state (excluding the presidency-towns) shall be a sessions division, or shah consist of sessions divisions: and every sessions division shall for the purposes of this code, be a district or consist of districts (2) the state government may alter the limits, or the number, of such divisions and districts power to alter divisions and districts (3) the sessions divisions and districts existing when this code comes into force shall be sessions divisions and districts respectively unless and until they are so altered existing divisions and districts maintained till altered (4) every presidency-town shall for the purposes of this be deemed to be a district - - - - - - - cede, presidencytowns to - bedeemed districts  c-courts and offices ouuide the presidency-towns9 (1) the stlfte government shall establish a court of session for court of every sessions division, and appoint a judge of such court session (2) the state government may, by general or special order in the official gazette direct at what place or places the court of session shall ordinarily hold its sitting; but if in any particular case, the court of session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sitting at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein (3) the state government, may also appoint additional sessions judges, and assistant sessions judges to exercise jurisdiction in one or more such courts (4) a sessions judge of one sessions division may be appointed by the state government to be also an additional sessions judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the state government may direct  [10] m c gonzalez-garcia, m c gonzalez-garcia, m ii (1) in every district outside the presidency-towns the state djnrict government shall appoint a magistrate of the first class who shad magistrate  be called the district magistrate (2) the state government may appoint any magistrate of the first class to be an additional district magistrate, and such additional district magistrate shall have all or any of the powers of a district magistrate under this code, or under any other law for the time being in force as the state government may direct (3) for the purposes of sections 192, sub-section (1), and 528, subsections (2) and (3), such additional district magistrate shall be deemed to be subordinate to the district magistrate  - - - - - subordinate magis-:~ ,rates : u (1) the state government may appoint as many persons as it thinks fit, besides the district magistrate, to be magistrates of the first, second or third class in any district outside the presidency-towns; and the state government, or the district magistrate subject to the control of the state government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this code (2) except as otherwise provided by such definition the jurisdiction and powers of such persons shall extend throughout such district local limits of their jurisdiction 13 (1) the state government may place 'any magistrate of the first or second class in charge of a sub-division, and relieve him of the charges as occasion requires - - -   power to put magistrate in charge of subdivision special magistrates , 14 (1) the state government may confer upon any person who holds or has held any judicial post under the union or a state or possesses such other qualifications as may, in consultation with the high court, be specified in this behalf by the state government by notification in the official gazette all or any of the powers conferred or conferrable by or under this code on a magistrate of the first, second or third class in respect to particular cases or to a particulaiy class or particular classes of cases, or in regard to cases generally, in any local area outside the presidency-towns (2) such magistrates shall be called special magistrates and shall be appointed for such term as the state government may by general or special order direct (3) the state goernnient may delegate with such limitations as it thinks fit, to any oflicer under its control the power conferred by sub-section (1) (4) no powers shall be conferred under this section on any policeofficer below the grade of assistant district superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their heing brought before a magistrate, and for the performance by the ofbcer of any other duties imposed upon him by any law for the time being in force benche~ of magistrates 15 (1) the state government may direct any two or more magistrates in any place outside the presidency-towns to sit together as a bench, and may by order invest such bench with any of the powers conferred or conferrable by or under this code on a magistrate of the first, second or third class and direct it to exercise such powers in such cases, or such classes of cases only, and within such local limits as the state government thinks fit     16 the state government may or subject to the control of the power to state governmenl, the district magistrate may, from time' to time, frame make rules consistent with this code for the guidance of magistrates' ru~eds for  gul anee benches in any district respecting the following subjects: -of benches (a) the classes ,of cases to be tried; (b) the time and places of sitting; (e) the constitution of the bench for conducting trials; (d) the mode of settling differences of opinion which may arise between the magistrates in session 17 (1) all magistrates appointed under sections 12, 13 and 14, su~rdi­and all benches constituted unde~ section 15, shall be, subordinate :;:_ of tq the pistrfct' magistrate, and he may, from time to time~ make tratea rules or gfve special orders consistent with this code as to the distri- and bution of 'business among such magistrates and benches; and benches to district magistrate; (2) every magistrate (other than a sub-divisional magistrate) to suband every bench exercising powers in a sub-division shall also be div~onal subordinate to the sub~ivisional magistrate, subject however, to ~&gls-the general control of the district magistrate rate (3) all assistant sessions judges shall be subordinate to the subordi-sessions judge in whose court they exercise jurisdiction, and he nation of may, from time to time, make rules consistent with this code as to ~t the distribution of business among such assistant sessions judges jud,:t, seiilolll judie (4) the sesaiods judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an additional or assistant sessions judge or if there be no additional or assistant judge, by the disrtict magii-rate and such judge or magistrate shah have jurisdiction to deal with any such application (5) neither the district magistrate nor the magistrates or benches appointed or constituted under sections 12, 13, 14 and 15 shall be subordinate to the sessions judge, except to the extent and in the manner hereinafter expressly provided - - - - -  chapter iii  powers of courts a-description of offences cognizable by each court - • - • •offences under other laws 29 (1) subject to the other provisions of this code any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court - - - - - jurisdiction in the case of juveniles 29b any offence, other than one punishalble with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of fifteen years may be tried by a district magistrate or a chief presidency magistrate or by any magistrate specially empowered by the state government to exercise the powers conferred by section & sub-section (1), of the reformatory schools act, 1897 or, in any area in - all, which the said act has been wholly or in part repealed by any other law providing far the custody, trial or punishment of youthful offenders by any magistrate empowered by or under such law to exercise alj or any of the powers conferred thereby 30 notwithstanding anything contained in section 28 or section 29, the state government may, in consultation with the high court, invest any district magistrate, presidency magistrate or magistrate of the first class with power to try as a magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: offences punishable with imprisonmentnot exceeding seven years provided that no district magistrate presidency magistrate or magistrate of the first c'lass shall be invested with such powers unless he has, for not less than ten years, exercised as a magistrate powers not inferior to those of a magistrate of the first class  b-semences which 1m" be pczssed by courts of various classes    - senlen('t's which magistrates may pass 32 (1) the courts of magistrates may pass the following sentences namely:-(imprisonment for a term d'lt exceedina six (b) courts of ma6istrates ~ months, including such solitary confineof the second class: i ment as is authorised by law; l fine not exceeding five hundred rupees; r imprisonment for a term not exceeding one (c) courts of magistrates ~ month; of the third class l fine not exceeding five hundred rupees (2) the ceurl of any magistral may pass any lawful sentence, combining any of the scntances which it is authorised by law to pass 33· (1) the court of any magistrate may award such terms of powerof imprisonment in default of payment of fine as is authorised by law magisin case of such default: tratato sentence provided thatto imprisonment in default (a) the term is not in excess of the magistrate's powers offlne under this code; (b) in any case decided by a magistrate where imprison- provillo ment has been awarded as part of the substantive sentence, the as to period of imprisonment awarded in default of payment of the certalll fi nc shall not exceed one-fourth of the period of imprisonment cases which such magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine  - - - - - 34 the court of a magistrate, specially empowered under section higher 30 may pass any sentence authorised by law, except a sentence of powers death or of imprisonment for hfe or imprisonment for a term exceed- ofcertaja  diltrict mg seven years magistrates  - - - - -  c-ordinary and additional powers36 all district magistrates sub-divisional magistrates and ordinary magistrates of the first second and third classes have the powers powers hereinafter respectivf'ly conferred u,pon them and specified in the of malisthird schedule such powers are called their ordinary powers trates 37 in addition to his ordinary powers, any sub-divisional magis- additional trate or any magistrate of the first second or third class may be in- powersvested by the state government or the district magistrate, as the confercase m:1y be, with any powers specified in the fourth schedule as ::!-:~ powers with which he may be irrvested by the state government or trates  - the di~trict magistrate 1479 (8) l5-s 38 the power conferred on the district magistrate by section 37 shall be exercised subject to the control of the state government control of district magistrate's investing power  d-conjerment, continuance and cancellation of powers39 (1) in conferring powers under this code the state government may, by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official title mode of conferring powers   -   powers of officers appointed 40 whenever any person holding an office in the service of government who has been invested with any powers under this code throughout any local area is appointed to an equal or higher offiee of the same nature within a like local area under the same state government he shah, unl~ss the state government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed 41 (1) the state government may withdraw all or any of the powers conferred under this code on any person by it or by any officer subordinate to it powers maybe cancelled (2) any powers conferred by the district magistrate may be withdrawn by the district magistrate  part iii -  general provisions -  - chapter v - - -  of arrest, escape and retaking -  •- 57 (i) - b-arrest without warrant  -  - - - -  refusal to live juidl8and residence (2) when the true name and residence of such person have been ascertained he shall be released on his executing a bond with or without sureties, to appear before a magistrate if so required: :-:-:vided that, if such person is not resident in india the bond h"ii: -le secured by a surety or sureties resident in india   ; should the true name and residence of such person not be ;;;~=-~ed within twenty-four hours from the time of arrest or ::~:: he fail to execute the bond or, if so required, to furnish suffi-=== rureties, he shall forthwith be forwarded to the nearest magisllving jurisdiction - - - - - 6j no person who has been arrested by a police -officer shall be discharge - ;,~arged except on his own bond, or on bail, or under the special of persod ~ apprehen-~ of a magistrate ded - - - - -  chapteh vi of procfsses to compel appearance - • - • - b-warrant of arrest- - - - - 78 (1) a district magistrate or sub-divisional magistrate may warrant direct a warrant to any landholder, farmer or manager of ]and may b,  within his district or sub~ivision for the arrest of any escaped mr:t· convict, proclaimed offender or person who has been accused of a :lders, non-bailable offence, and who has eluded pursuit etc  - - - - - c-proclamation and attachment 88 41) - - - - - (2, such order shall authorise the attachment of any property attachbelt)~ - g to such person within the district in which it is made; ment of and : -: ~"all authorise the attachment of any property belonging to property sue:: ::~n without such district when endorsed by the distr °bsc f perlodd - a onl\iag--,=-:_~:e or chief presidency magistrate within whose district inc su::: ;~_~rty is situate (6b) claims or objections under sub-section (6a) may be preferred or made in the court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a district magistrate dr chief presidency magistrate in accordance with the provisions of subsection (2), in the court of such magistrate (6e) every such claim or objection shall be inquired into by the court in which it is preferred or made: provided that, if it is preferred or made in the court of a district magistrate or chief presidency magistrate such magistrate may make it over for disposal to any magistrate of the first or second class or to any presidency magistrate, as the case may be, subordinate to him - - - - - - - -  chapter viiof processes to compel the production of documents and other movable property, and for the discovery of persons wrong-fully confined a-summons to produce   - - - - - procedure as to letters and telcll'lms 95 (1) if any document, parcel or thing in such custody is, in the opinidn of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the pul'lp08e of any investigation, inquiry, trial or ather proceeding under this code, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document, parcel or thing to such person as such magistrate or court directs when search warrent may be issued (2) if any such document parcel or thing is, in the opinio!1 of any other magistrate, or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such district magistrate, chief presidency magistrate or court b---sea rch-u'a rra nts 96 (1)  - - - - - (2) nothing fterein contained shall authorise any magistrate other than a district magistrate or chief presidency magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authorities  -  - - - - -  98 (1) if a district magistra,te, sub-divisional magistrate, presi- search of dency magistrate or magistrate of the first class, upon infonnation house and after such inquiry as he thinks necessary, has reason to believe suspected that any place is used for the deposit or sale of stolen property, to contain stolen or for the deposit or sale or manufacture of forged documents, fprogpeedrty, ____ or false seals or counterfeit stamps or coin or instruments or materials docufor counterfeiting coin or stamps or for forging, ments, etc or that any forged documents, false seals or oounterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place, or, if a district magistrate, sub-divisional magistrate or a presidency magistrate, upon info~mation and after such inquiry as be thinks necessary, has reason to believe that any place is used for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the indian penal code or that any such obscene objec,ts are kept or deposited in any place, he may by his warrant authorise any police-officer above the rank of a constable-(a) to enter, with such assistance as may be required, such p1:ace, and (b) to search the same in manner specified in the warrant, and (c) to take possession of any property, documenlts, seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and (d) to convey such property, documents, seals, stamps, coins, instruments or materials or such obscene objects before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate or otherwise to dispose thereof in some place of safety, and (e) to take into custody and carry before a magistrate every person found in such place who appears to have been privy to the deposit, sale or manufacture or keeping of any such property, r d ucuments, seals, stamps coins instruments or materials or such obsc:!l1c obj(;cts knowing or having reamuuiuit' cau<;e to suspect the said property to have been stolen or otherwise unlaw full\' obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging or the said obscene objects to have been or to be intended to be sold, let to hire distributed publicly exhibited, circulated, imported or exported (2) the provisior s of this s~c[ion with nsplct to-(a) counterfeit coin, (b) coin suspected to be cou,terfeit, (c) instruments or materials for counterfeiting coin, shall, so far as they can be made applicable, apply, respectively, to---(a) pieces of metal made in contravention of the metal 1 of 1889 tokens act, 1889 or brought into india in contravention of any ro of 187 notification for the time being in force under section 19 of the sea customs act, 1878 (b) pieces of metal suspected to have been so made or to have been so brought into india or to be intended to be issued in contravention of the former of those acts, and - (c) irstrumelts or materiajs for making pieefs of metal in contravention of that act - - - - - - -  part iv prevention of offences chapter viii ot-· security for keeping the peace and for good behaviour a-security for keeping the peace on convictionsecurity for keeping the peace on cu,lvicti01'l 106 (1) whenever any person accused of any offence punishab]e under chapter viii of the indian penal code, other than an of 11)60 offence punishable under section 143 section 149, section 153a or 4s section 154 thereof, or of assault or other offence involving a breach of the peace, or of betting the same, or any person accused of committing criminal intimidation, is convicted of such offence before a high court, a court of ses')ionor the court of a pre"idency magi<;trate, a district magistrate, a sub-divisional magistrate or a magistrate of the first cla')s, and such court is of opinion that it is necessary to require such per~"n t'"' execute a bond for keeping the peace such court may at the time of passing sentence on such person, order him to exe~ute a bond for a sum proportionate to his means with at without sureties, for keeping the peace during such period, not f"xceedincr three years, as it thinks fit to fix - - - - - - ~-security jot keeping the peace in other cases and security for good beh·aviout 107 (1) whenever a presidency magistrate, district magistrate, fsecurity or sub-divisional magistrate or magistrate of the first class is informed keeping that any person is likely to commit a breach of the peace or disturb the peace the public tranquillity or to do any wrongful act that may probably in other occasi'hi a breach of the peace, or disturb the public tranquillity, cases the magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties for keeping the peace for such period not exceedin,g one year as the magistrete thinks fit to fix (2) proceedings under this section may be taken before any magistrate empowered to proceed under sub-section (1) when either the place where the breach of the peace or disturbance is apprehended is within the local limits of such magistrate's jurisdiction or there js within such limits a person who is likely to commit a breach ('1 the peace or disturb the public tranquillity or to do any wrongful act as afore<}aid beyond swh l;mits  (3) when any magistrate not empowered to proceed under sub- procedure section (1) has reason to believe that any person is likelv to commit of magisa breach of the peace or disturb the pubhc tranquillity ~r to do any :::,~:tr_ wrongful act that may probably occasion a breach of the peace or dis- ed to act turh the public tranquillity and that such breach of the peace or dis- under subturbance cannot be prevented otherwise than by detaining such p(>r- section son in custody such magistrate may, after recording his reasons (1) issue a warrant for his arrest (if he is not already in cu5tody or befbre the court) and may send him before a magistrate empowered to deal with the ca"e, to~ether with a copy of his rea<;ons (4) a magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this chapter 103 whenever a chief presidency or district magistrate, or a presidency magistrate or magistrate of the first class specially empowered by the state government in this behalf, has information that there ;s with~n the limits of his jurisdiction any person who, within or w:thout such limits, either orally or in writing, or in any other manner intentionally dissem;nates or attempts to disseminate, or in anywise abets the dissem:naticn of,-security for good behaviour from persons disseminating seditious matter (a) any seditious matter, that is to say, any matter the publication of which is punisha"ble under section 124a of the indian penal code or 45 of i (b) any matter the publication of whkh is punishable under section 153a of the indian penal code, or (c) any matter concerning a judge which amounts to criminal intimidation or defamation under the indian penal code, such magistrate, if in his opin~on there is sufficient ground for proceeding may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his behaviour for such period, not exceeding one year, as the magistrate thinks fit to fix no proceedings shall be taken under this section against the editor, "proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid  down in the press and registration of books act, 1867 with reference 21 of to any matter contained in such publication except by the order or under the authority of the state government or some officer empowered by the state government in this be~alf 109 whenever a presidency magistrate, district magistrate, subdivisional magistrate or magistrate of the first class receives information-security for good behaviour from vagrants and suspected persons (a) that any person is taking precautions to conceal his presence within the local limits of such m3gistrate's jurisdiction, ard thut lhcr~ is r!<ls in to bdicvc ih  t su:h l" r'son is wkil1g su~h precautions with a view to committing any offence, or (b) t!lat there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordate'd to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year as the magistrate thinks fit to fix 110 whenever a presidency magistrate, district magistrate, or security sub-divisional magistrate or a magistrate of the first class specially :: ~ empowered in this behalf by the state government receives informa- fr!:viour tion that any person within the local limits of his jurisdictionhabitual offenders (a) is by habit a robor, house-br:aker, thief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping abduction, extortion cheating or mischief, or any offence punishable under chapter xii of the indian penal code, or under section 489a, section 489b, 4s of 1960• section 489c or section 489d of that code, or (e) habitually commits, or attempts to ccmmit, or abets the commission of, offences involving a breach of the peace, or (f) is so desperate and dangerous as to render his being at large without security hazardous to the community, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit to fix  - - - - - 124 (1) whenever the district magistrate or a chief presidency power to magistrate is of opinion that any person imprisoned for failing to release give security under this chapter may be released without hazard ~  imprlsonto the comm':jlllty or to any other person, he may order such person eel tor to be discharged failin, to give 1479 (b) ls-'7 security (2) whenever any person has been imprisoned for failing to give security under this chapter, the chief presidency or district ma·gistrate may (unless the order has been made by some court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which securlty has been requiretl (3) an order undei' sub-scc[ion (i) may direct the disch'uge of such pers:>n either with1ut c)nditions or upon any conditions wh:ch such person accepts: provided 'that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired (4) the state government may prescribe the conditions upon which a conditional discharge may be made (5) if any condition upon which any such person has been discharged is, in the opinion of the district magistrate or cllief presidency ma·gistrate by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same (6) when a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any policeofficer without warrant, and shall thereupon be produced before the dis~rict magistrate or chief presidency magistrate unless such person then gives security in accordance with the terms of the original order for the unexpired portiod of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of tpe breach of the conditions of dilcharge and the date on which, except for such conditional discharge, be would have been entitled to release), the district magistrate or chi'ef presidency magistrate may remand such person to prison to undergo such unexpired portion a person remanded to prison under this sub-sectiod shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the tenns of the original order for the unexpired portion aforesaid to the court or magistrate by whom such order was made, or to its or his succelbor 125 the chief presidency or district magistrate may at any time power of for suftlcient reasons to be recorded in writing cancel any bond for district keeping the ·peace or for good behaviour executed under this chapter tmagistralte ocance by order of any court in his district not superior to his court any bond for keeping the peace or good behaviour 126 (1) any surety for the peaceable conduct or good behaviour diseharge of ancther person may at any time apply to a presidency magistrate, of sureties district magistrate, sub-divisional magistrate or magistrate of the first class to cancel any bond executed under this chapter within the local limits of his jurisdiction (2) on such application being made, the magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bowld to appear or to be brought before him· - - - - -  chapter ix unlawful assemblies~27 (1) any magistrate or officer in charge of a police«ation aaaembly may command any unlawful assembly, or any assembly of five or todisperse more persons likely to caus( a disturbance of the public peace, to on cc;n~ disperse; add it shall' thereupon be the duty of the members of such :::1s:ate assembly to disperse accordingly qi' pouceoilcer (2) this section applies also to the police in the town of calcutta '128 if, upon being so commanded any such assembly does not use of disperse, or if, without lbeing so commanded, it conducts itself in civil such a manner as to show a detennination not to disperse, any f~rce to magistrate or officer in charge of a police-station whether within dlsperr or without the presidency-towns may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer soldier sailor or airm," in the armed forces, and acting as such for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who fonn part of it in order to disperse such assembly or that they may be punicllled according w law use ot armed forees 129 if any suoh assembly cannot be otherwise dlspers, it is necessary for the public security that it should be : the magistrate of the highest rank who is present may cl be dispersed by the armed forces duty of officer commanding troops required by magistrate to disperse assembly 130 (1) when a magistrate determines to disperse  assembly by the armed forces, he may require any office) in command of any group of persons belonging to the armt to disperse such assembly with the help of the armed forc his command, and to arrest and confine such, persons form of it as the magistrate may direct, or as it may be nece arrest and confine in order to disperse the assembly or to ha' punished according to law (2) every such officer shall obey such requisition in such: as he thinks fit, but in so doing he shall use as little force, as little injury to person and property, as may be consister dispersing the assembly and arresting and detaining such pe power of commissioned armed forces officers to disperse assembly 131 when the public security is manifestly endangered t such assembly, and when no magistrate can be communicated any commissioned officer of the armed forces may disperse assembly with the help of the armed forces under hi~ com and may arrest and confine any persons forming part of it, in to disperse such assembly or that they may be punished acco to law; but if, while he is aettng under this section, i~ becomes ticable for him to communicate with a magistrate, he shall d and shall thenceforward obey the instructions of the magistra to whether he shall or shall not continue such action 132 no prosecution against any person for any act pu1"pol to he done under this chapter shall be instituted in any crill court, except with the sanction of the state government; and-(a) no magistrate or police-officer acting under this eba] in good faith, protection against prosecution for acts done under this chapt~r (b) no officer acting under section 131 in good faith, (c) no person doing any act in good faith, in complial with a requisition under section 128 or section 130, and (d) no inferior officer, or soldier, sailor or afrman in ~ armed forces, doing any 'act in obedience to any order which 1 was bound to obey, shall be deemed to have thereby committed an offence: provided that no such prosecution shall be instituted in any criminal court against any o1bcer or soldier, sailor or airman in the armed forces except with the sanction of the central government - - - - chapter x  public nuisances133 (1) whenever a district magistrate, a sub-divisional magis- conditiollal trate or a magistrate of the first class considers, on receiving a police order f~r f report or other information and on taking such evidence (if any) ::t!is:~~ as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public or from any public place, or that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise 'should be removed or the keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as likely to occasion con1la~tion or explosion, should be prevented or stopped, or that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business- in the neighbourhood or passing by, and that in consequence the removal, repair, or support of such building, tent or structure, or the removal or support of such tree, is necessary, or that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public, or that any dangerous animal should be destroyed, confined or otherwise disposed of, such magistrate may make a conditional order requiring the person causing such obstruction or nu;sance, or carrying on such trade or occupatiol1, ar keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order, to remove such obstruction or nuisance; or '~! , '~ ;:! to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation; or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or i , to prevent or stop the erection of, or to remove, repair or bupport, such building, tent or structure; or to remove or support such tree; or to alter the disposal of such substance; or i i i! to fence such tank, well or excavation, as the case may ~e; or ~  to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; j i or, if he objects so to do, : \ ! tti 1-/ ii i ii to appear before himself or some other magistrate of the first or second class, at a time and place to -be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided (2) no order duly made by a magistrate under this section shall be called in question in any civil court explanation-a "puhlicplace" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative pmposes, - - - - 143 a district magistrate or sub-divisional magistrate, or any other magistrate empowered by the state government or the district magistrate in this behalf may order any person not to repeat or continue a public nuisance as defined in the indian penal code 411 ot 1860 or any special or local law magistrate may prohibit repelltiod or continuance of public nuisance,  chapi'er xi temporary orders in urgent cases of nuisancr 01-' apprehended danger144 (1) in cases where, in the opinion of a district ~agistrate a chief presidency magistrate, a sub-divisional magistrate, or of power to issue any other magistrate (not being a magistrate of the third class) order specially empowered by the state government or the chief presi- absolute i dency ~a·gistr~te or the district magistrate to act under this section, : ~~;:nt there is sufticlent ground for proceeding under this section and cases of ' immediate ,prevention or speedy remedy is desirable nuisance orappresuch magistrate may, by a written order stating the material hended facts of the case and served in manner provided by section 134, danger direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his managt-ment, if such magistrate considers that such direction is likely to prevent, or tends to prevent obstruction annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety, or a disturbance nf the public tranquillity, or a riot, or an affray  - - - - -  chapter xii disputes as to immovable property145  (1) whenever a district magistrate, sub-divisional magis- procedure trate or magistrate of the first class is satisfied from a police-report ~here or other information that a dispute likely to cause a breach of the ~~:~!~_ peace exists concerning any land or water or the boundaries thereof, ing land, within the local limits of his jurisdiction, he shall make an order etc, is in writing, stating the grounds of his being so satisfied, and requir- likely to ing the parties concerned in such dispute to attend his court in person bcauseh f reac c: by pleader within a time to be fixed by such magistrte, and to peace 0 put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute and further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims - - - - - 147 (1) whenever any district magistrate sub-divisional magis- disputes tra te or magistrate of the first class is satisfied from a police-report ~onc~­or olher information, that a dispute like'ly to cause a breach of the :' rights peace exists regarding any alleged right of user of any land or water im::v~ as explained in section 145 sub-section (2) (whether such right be able proclaimed as an easement or otherwise), within the local limits of his perty, etc lurlsdiction, he may make an order in writing stating the grounns of his being so satisfied and requiring the parties concerned in such dispute to attend the court in person or by pleader within a time to be fixed by such magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter in the manner hereinafter provided - - - -  part v information to the police and their powers to investigatechapl'er xiv - - - - - information in non-cognizable eases 155 (1) when information is given to an officer in charge of a police-station of the commission within the limits of such station of a non-cognizab'le offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the magistrate - - - - - power to record statementsand confessions la4 (1) any presidency magistrate, any magisarate of the first class and any magistrate of the second class specially empowered in this behalf by the state government may, if he is not a police-ofbcer record any statement or confession 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 before the commencement of the inquiry or trial - - - - - 187 (1) - - - - procedure when invest!gationcannot be completed in twentyfour hours (2) the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole if he has not jurisdiction to try the case or commit it for trial, and considers further detention unnecessary he may order the accused to be forwarded to a magistrate having such ·jurisdiction: fsrovic1ec:i that no magistrate of the third class, and no magistrate of the second class not specially empowered in this behalf by the state government sha'li authorise detention in the custody of the police - - - (4) if such order is given by a magistrate other than the district magistrate or sub-divisional magistrate, he shall forward a copy of his order, with his reasons for making it, to the magistrate to whom he is immediately subordinate when (3) if the court of the district magistrate or sub-divisional magistrate is mentioned in the bond, such court shall be held to include any court to which such magistrate may refer the case for inquiry or trial provided reasonable notice of such reference is given to such complainant or persons (5) the following magistrates are empowered to hald inquests, namely, any district magistrate, sub-divisional magistrate or magistrate of the flrit class, and any magistrate specially empowered in this behalf by the state government or the district magistrate , - - - - -  part vi proceedings in prosecutions chapter xv 0  tiis jurisdiction of the criminal courts in inquiries and tjualsa-place of inquiry or trial - - - - - 1479 (b) ls 8 power to issue summons or warrant for offence committed beyond local jurisdiction magistrate's procedure on arrest 186 (1) when a presidency magistrate, a district maaistrate, , sub-divisional magistrate, or if he is specially empowered in this behalf by the state government a magistrate of the first class, sees reasons to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without india) an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in india, such magistrate may inquire into the offence as if it had been committed within such local limits, and compel such person in manner hereinbefore provided to appear before him, and send such person to the magistrate having jurisdiction to inquire into or try such offence or, if such offence is bailable, take a bond with or without sureties for his appearance before such magistrate  - - - - - procedure where warrant issued by subordinate magistrate 187 (1) if the person has been arrested under a warrant :~ued under section 186 by a magistrate other than a presidency "m,  trate or district magistrate such magistrate shall send the person arrested to the district or sub-divisional magistrate to whom he is subordinate unless the magistrate havmg jurisdiction to 'inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police-officer executing such warrant, or shall be sent to the magistrate by whom such warrant was issued - - - - -  b-conditions requisite for initiation of proceedings190 (1) except as hereinafter provided any presidency "magritrate district m~gistrate or sub-divisional magistrate, and any other magistrate specially empowered in this behalf may take cog-  nizance of any offence-cognizance of offences by magistrates (a) upon receiving a complaint of facts which constitute such officer; (b) upon a report in writing of such facts made by any policecf[cer; (c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion that such offence has been committed (2) the state government, or the district magistrate subject to the genera'l or special orders of the state government, may empower any magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trial (3) the state government may empower any magistrate of the first or second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or commit for trial - - - - - 192' (1) any chief presidency 'magistrate, district magistrate transfer or sub-divisional magistrate may transfer any case, of which he has of cases, t k gn' f'" t ' 1 m ' b d' t by maglsa en co 1zance, or mquiry or ria to any aglstrate su or ma e t te t h' ra s o 1m (2) any district magistrate may empower any magistrate of the first class who has taken cognizance of any case, to transfer it for inquiry or trial to any other specified magistrate in his district who is competent under this code to try the accused or commit him for trial; and such magistrate may dispose of the case accordingly, in (1) - - - - cognizance of offences by courts of session (2) additional sessions judges and assistant sessions judges shah try such cases only as the state government by general or special order may direct them to try or, as the sessions judge of the division, by general or special order may make over to them for trial -  ' - - - 196b in the case of any offence in respect of which the provisions prelimiof section 196 or section 196a apply, a district magistrate or chief nary presidency magistrate may, notwithstanding anything contained in ~nquiry, h   h f tho cod d 1" 10 certam t ose sections or m any ot er part 0 is e or er a pre imlnary cases investigation by a police-officer not being below the rank of inspector, in which case such police-officer shall have the powers referred to in section 155 sub-section (3) - - - - -  chapter xviiipower to commit for trial, of inquiry into casa triable by the court of session or high court "ii  ~~ (1) any presidency m~gistrate, district magistrate subdivisional magistrate or magislrate of the first class or any magistrate (raot being il )4a~s~~te ~f the third dass) empowered in this behalf by the state government may commit ao,y per8'ld for trial to the court of session or high court for any offence triable by such court  (2) but save as herein otherwise drovided no person triable by the court of session shall be committed for trial to the high court - - - - -  chapter xx of the trial of sum\ions-cases by magistrates - • - • •power to stop proceedings when no complaimnt 249 in any case instituted otherwise than upon complaint, a presidency magistrate a magistrate of the first class or, with the previous sanction of the district magistrate, any other magistrate, may, for reasons to be recorded by him, stop the proceedings at any staee without pronouncing any judgment either of acquittal or conviction and may thereupon release the accused frivolous accusations in summons and warrant-caseb 250 (1) - - - - f~e, (3) a complainant or informant who has been ordered under frlvol?us or sub-section (2) by a magistrate of the second or third class to pay ;~u!~ns compensation or has been so ordered by any other magistrate to pay tions compensation exceeding fifty rupees may appeal from the order in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial beld by such magistrate - - - - -  chapter xxii of summary 'i'luals260 (1) notwithstanding anything contained in this code-(a) the district magistrate, powii' to try sum-~aril7 (b) any magistrate of the first class specially empowere<l in this behalf by the state government, and (e) any bench of magistrates inycsted with the powers of a magistrate of the first class and specially empowered in this behalf by the state government may, if he or they think fit try in a summclry way all or any of the following offences:-(a) offences not punishable with death imprisonmpnt for life or imprisonment for a term exceeding six months; (b) offences relating to weights and measures undpr sections 45 at 264 265 and 266 of the indian penal code 1860 (e) hurt, under section 323 of the same code; (d) theft, under sections 379 380 or 381 of the same code, where the value of the property stolen does not exceed two hundred rupees; (e) dishonest misappropriation of property under section 403 of the same code where the value of the pr0perty misappropriated does not exceed two hundred rupees; (f) receiving or retaining stolen property under section 411 of the same code, where the value of such property does not exceed two hundred rupees; (g) assisting in the concealment or disposal of stolen property under section 414 of the same code \\'h('re the yalue of such property does not exceed two hundred rupees; (h) mischief, under section 427 of the same code; (i) house-trespass, under section 448 and offences under sections 451, 45345', 456 and 457 of the same code; (i) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation under section 506, of the same code; (k) abetment of any of the (ire goip~ offences; (l) an attempt to commit any of the fnregnng offences when such attempt is an offence; (m) offences under section 20 of 1871: the ca ttle-trespass act 1 of 1871 provided that no case in which a \lagistrate exercises the special powers conferred by seetio n 34 fhrlj rc tried in a summary way  - - - - - power to 261 the state government may confer on any bench of magisinvest trates invested with the powers of a magistrate of the second or third be m n~htoft class power to try summarily all or any of the following offences:-agls ra e~ invested (a) offences against the indian penal code, sections 277, 27& :!~e:~ss 279, 285, 286, 289 290 292 293, 294, 323 334, 336, 341, 352 45 0 (1860 14<' of jq60 426, 447 and 504; (b) offences against municipal acts, and the conservancy clauses of police acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine; (c) abetment of any of the foregoing offences; (d) an attempt to commit any of the foregoing offences, when such attempt is an offence  -  - - record in 263 in cases where no appeal lies the magistrate or bench of ~~~: ~~~e magistrates need not record the evidence of the witnesses or frame appeal a formal charge; but he or they shall enter in such form as the state government may direct the following particulars:-(a) the serial number; (b) the date of the commission of the offence ; (c) the date of the report or complaint ; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused (f) the offence comp'lained of and the offence" (if any) proved and in cases coming under clause (d) clause (e) clause (f) or clause (g) of sub-section (1) of !;ection 260 the value of the property in respect of which the offence has been committed: (g) the plea of the accused and his examination (if any); (11) the finding and in the case of a conviction a brief statement of the reasons therefor ; (0 the sentence or other final order; and (j) the date on which the proceedings terminated  - - - - - language of record and judg_ ment (2) the state government may authorize any bench of magis- bench trates empowered to try offences summarily to prepare the aforesaid ~ay record or judgment by means of an officer appointed in this behalf a~tho­by the court to which such bench is immediately subordinate and rized the record or judgment so prepared shall be signed by each member to emof such bench present taking part in the proceedings ployk cler  chapter xxiii of trials before high courts and courts of sessiona-preliminary - - - - -  state 269 (1) the state government may, by order in the official gov-gazette, direct that the tria'l of all offences, or of any particular class ernment of offences, before any court of session shall be by jury in any may district, and may revoke or alter such order o~der tnals (2) the state government, by like order, may also declare that before in the case of any district in which the trial of any offence is to be court by jury, the trial of such offences shall, if the judge, on application ~ssion made to him or of his own motion, so directs, be by jurors summoned to from a special jury list, and may revoke or alter such order be by - - - - - jury chaprer xxiv  general provisions as to i!'iquiries and trials~ 337 (1) in the case of any offence triable exclusively by the high tender court or court of session, or any offence punishable with imprison- of f, ment which may extend to seven years or any offence under any pardon 'of 1860 of the following sections of the indian penal code namely, sections to " 161, 165 165a, 216a 369, 401, 435 and 477a, the district magistrate, a~~om-~~~ a presidency magistrate, a sub-divisional magistrate or any magis- pice if'; trate of the first class may, at any stage of the investigation or enquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly br indirectiy eoncerned in or privy to the offence, tender a pardon to such persod on condition of his making a full and true disclosure of the whole of the circumstances withip his knowledge relative to the offence and to every other person concerned whether as principal or abettor, in the commission thereof: provided that, where the offence is under inquiry or trial, no magistrate of the first class other than the district magistrate shall exercise the power hereby conferred unless he is the magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no such magistrate shall exercise the said power unless he is a magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the district magistrate has been obtained to the exercise thereof  - - - - - power to direct tender of pardon 338 at any time after commitment, but before judgment is passed, the court to which the commitment is made may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender, or order the committing magistrate or the district magistrate to tend£'r a pardon on he same condition to such person - - - - - procedure of state magistrate in cases which he cannot dispose of 346 (1) if, in the course of an inquiry or a trial before a magistrate in any district outside the presidency-towns the evidence appears to him to warrant a presumption that the case is one which should be tried or committed for trial by some other magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any magistrate to whom he is subordinate or to such other magistrate, having jurisdiction, as the district magistrate directs - - - - - - - 349 (1) whenever a magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, 01' more severe than that which such magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106 he may record the opinion and submit his proceedings and forward the accused, to the r;:~trict magistrate or sub-divisional magistrate to whom he is subordinate procedure when magistrate cannot pass sentence suftlcientiy severe (ta) when more accused than one are being tried together, and the magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused he shall forward all the accused who are in his opinion guilty to the district magistrate or sub-divisional magistrate  - - - - - chapter xxvi of the judgment - - - - - 313 in cases tried by the court of session, the court shall for- court of ward a copy of its finding and sentence (if any) to the district session magistrate within the local limits of whose jurisdiction the trial to sen~ a h ld '  ," copy 0 w s e  findin,  chapter xxvnand sentence to district magis· trate -  0, th! sunmission of sentences for confirmation - • - • - •380 where proceedings are submitted to a magistrate of the first proce:-class or a sub-divisional magistrate as provided by section 562, such dure in  cases magistrate may thereupon pass such sentence or make such order submitted as he might have passed or made if the case had originally been by heard by him, and, if he· thinks further inquiry or additional evi- magisdence on any point to be necessal'ly, he may make such inquiry or tr~te take such evidence himself or direct such inquiry or evidence to be =w::e4 made or taken to act under secti'on 562 - - - - - -  partvn of appeal, reference and revision chapter xxxiop appeals - - - 406a any person aggrieved by an order refusing to accept or appeal rejecting a surety under section 122 may appeal against such fr°dm d ~ m~ or er,-, -refuainc  (a) if made by a presidency magistrate, to the high court to (b) if made by the district magistrate to the court of session or accept or rejeot~ ing a surety (c) if made by a magistrate other than the district magistrate, to the district magistrate '" '" '" '" - 408 any person convicted on a trial held by an assistant sessions judge, a district magistrate or any other magistrate, or any person sentenced under section 349 or in respect of whom an order has been made ora sentence has been passed under section 380 by any magistrate, may appeal to the court of session: provided "as follows:-- - - - - appeal from sentence of assistant sessions judge or any other magistrate (b) when in any case an assistant sessions judge or a magistrate specially empowered under section 30 passes any sentence of imprisonment for a term exceeding four years, the appeal of all or any of the accused convicted at such trial shall lie to the high court; (c) when any person is convicted by a magistrate of an 4s of 1860 offence under section 124a of the indian penal code, the appeal shall lie to the high court 409 (1) subject to the provisions of this section, an appeal to the court of session or sessions judge shall be heard by the sessions judge or by an additional sessions judge or an assistant sessions judge: appeals to courts of session h'ow heard provided that no such appeal shall be heard by an assistant sessions judge unless the appeal is of a person convicted on a trial held by any magistrate of second or third class (2) an additional sessions judge or an assistant sessions judge shall hear only such appeals as the state government may, by general or special order, direct or as the sessions judge of the division may make over to him - - - - - 412 notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a no appeal in certaid cases high court, a court of session or any presidency magistrate dr when magistrate of the first class on such plea, there shall be no appeal accused except as to the extent or legality of the sentence pl~altds iw y 413 notwithstanding anything hereinbefore contained, there no appeal shall be no appeal by a convicted person in cases in which a high in petty court passes a sentence of imprisorunent not exceeding six months cases only, or of fine not exceeding two hundred rupees only or in which a court of session passes a sentence of imprisonment not exceeding one month only, or in which a court of session or district magistrate or other magistrate of the first class passes a sentence of fine not exceeding fifty rupees only -explanation-there is no appeal from a sentence of imprisonment passed by such court or magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed -1- -  ---~ -  - - - 425 (1) whenever a case is decided on appeal by the high ordet court under this chapter, it shall certify its judgment or order to b~ the court by which the finding, sentence or order appealed against ~'!t on was recorded or passed if the finding, sentence or order was appeal to recorded or passed by a magistrate other than the district magis- be trate, the certificate shall be sent through the district magistrate certified to lower - - - - - court 428 (1) in dealing with any appeal under th is chapter, the appel appellate court, if ith l'c:~ additional evidence to be necessary, late shall record its reasons, and may either take such evidence itself, ;~~e or direct it to be taken by a magistrate, or, when the appellate f~er court is a high court, by a court of session or a magistrate evidence or direct it to be taken  - - - - -  chapter xxxii-  of reference and revision - • - •435 (1) the high court or any sessions judge or district power magistrate, or any sub-divisional magistrate empowered by the to state government in this behalf may call for and examine the call for record of any proceeding before a~y inferior criminal court situate =or within the local limits of its or his jurisdiction for the purpose of coul"ts satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the reaularity of any proceedings of such inferior court and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement that he be released on bailor on his own bond pending the examination of the record explanation-all magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the sessions judge for the pul"poses of this sub-section and of section 437 (2) if any sub-divisional magistrate acting under sub-section (1) considers that any such finding sentence or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he think, fit, to the district magistrate~ - - - - - (4) if an application under this section has been made eithl!l' to the sessions judge or district magistrate, no further application shall be entertained by the other of them power to order court lllquiry ~6 on examining any record under section 435 or otherwise, the high court or the sessions judge may direct the district magistrate by himself or by any of the magistrates subordinate to him to make, and the district magistrclte may himself make, or direct any subordinate magistrate to make further inquiry into any complaint which has been dismissed under section 203 or subsection (3) of section 204, or into the case of any person accused of an offence who has been discharged: provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made power to order commitrnent 437 when, on examining the record of any case under section 435 or otherwise, the sessions judge or district magistrate considers that such case is triable exclusively by the court of session and that an accused person has been improperly discharged by the inferior court, the sessions judge or district magistrate may cause him to be arrested, and may thereupon instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of the sessions judge or district magistrate, improperly discharged: provided as follows:-(a) that the accused has had an opportunity of showing cause to such judge or magistrate why the commitment should not be made; (b) that, if such judge or magistrate thinks that the evidence shows that some other offence has been coiddlitted by the accused, such judge or magistrate may direct the inferior court to inquire into such offence 438 (1) the sessions judge or district magistrate may, if he report thinks fit, on examining under section 435 or otherwise the record to high or any proceeding, report for the orders of the high court the court result of such examination, and, when such report contains a recommendation that a sentence or an order be reversed or altered, may order that the execution of such sentence or order be suspended, and, if the accused is in confinement, that he be released on bailor on his own bond (2) an additional sessions judge shall have and may exercise all the powers of a sessions judge under this chapter in respect of any case which may be transferred to him by or under any general or special order of the sessions judge 439 (1)    - - - high court's powers of (3) where the sentence dealt with under this section has been revision passed by a magistrate acting otherwise than under section 34, the court shall not inflict a greater punishment for the offence which, in the opinion of such court, the accused has committed, than might have been inflicted for such offence by a presidency magistrate or a magistrate of the first class -  - - -  chapter xxxv proceedings in case of certain offences affecting the a in ra n of j cstice - • - • •479 when any such commitment is made by a civil or revenue procedure court, the court shall send the charge with· the order of commit- of ment and the record of the case to the presidency magistrate, civil district magistrate or other magistrate authorised to commit for orr  evenue trial and such magistrate shall bring the case before the high court in court or court of session, as the case may be together with the such witne-ss the prosecution and defence cases  - - - - -  chapter xxxvi of 1'ht maintenance of wives and childrenorder for main_ tenance of wives and children 488 (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the district magistrate a presidency magistrate, a sub-divisional magistrate or a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate rot exceeding (five hundred rupees) in the whole, as such magistrate thinks fit, and to pay the same to such person as the magistrate from time to time directs  - - -    part ix supplementary provisions - - - -  chapter xli- su (1) - special rules of evidence - - - - - - - record of evidence in abserce ot accused, record of evidence when offender unknown (2) if it appears that an offence punishable with death or (imprisonment for life) has been committed by some person or persons unknown, the high court may direct that any magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of india  chapter xliiprovisions as to bonds - - - - - 515 all orders passed under section 514 by any magistrate other appeal than a presidency magistrate or district magistrate, shall be appeal- from, able to the district magistrate or, if not so appealed, mav be revised an~  , revjsjon by him of, orders under section chapter xliii 514 of the disposal of property - -  - - ~2f (1) if no person within such period establishes his claim to procedure such property, and if the person in whose possession such property where was found, is unable to show that it was legally acquired by him, no h h· claimant sue property s all be at the disposal of the state governmen t appear and :may be sold under the orders of the presidency magistrate, withins district magistrate or sub-divisional magistrate, or of a magistrate six of the first class empowered by the state government in this behalf months (2) in the case of every order pa'ssed under this section, an appeal shall lie to the court to which appeals against sentences of the court passing such order would lie  - - - -  chapter xliv of the transfer of criminal cases - • - • •s~8 (1) - - - - - sessions judge withdraw cases from assistant sessions judge (2) any chief presidency magistrate, district magistrate or district sub-divisional magistrate may withdraw any case from, or recall or any case which he has made over to, any magistrate subordinate to su~­him, and may inquire into or try such case himself, or refer it for ~::~~l inquiry or trial to any other such magistrate competent to inquire magisinto or try the same trate may with-- - - - - draw or refer cases  chapter xlvi miscellaneous •- - - - - - - - (2) when there is any doubt as to who is the 'successor in office of any magistrate, the chief presidency magistrate in a presidencytown, and the district magistrate outside such towns, shall determine 'by order in writing the magistrate who shall, for the purposes of this code or of any proceedings or order thereunder, be deemed to be the successor in office of such magistrate - - - - - provision for powers of judges and magistrates being exercised by their successors in offtee s61-(1) notwithstanding anything in this code, no magistrate except a chief presidency magistrate or district magistrate shall-(a) take cognizance of the offence of rape where the sexual intercourse was by a man with his wife, or (b) commit the man for trial for the offence special provisions with respect to offence of rape by a husband (2) and, notwithstanding anything in this code, if a chief presidency magistrate or district magistrate deems it necessary to direct an investigation by a police-officer, with respect to such an offence as is referred to in sub-section (1), no police-ofticer of a rank below that of police-inspector shall be employed either to make, or to take part in, the investigation - - - - -  first offenderss62 (1) when any person not under twenty-one years of age is convicted of an offence punishable with imprisonment for not more than seven years, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender if it appears to the court before which he is convicted, regard being had to the age character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be rejea!jpd on probation of good conduct, the court may, instead of sentencing power of court to release certain convicted offen_ ders on probation him at once to any punishment, direct that he be released od hit enter- of ing into a bond, with or without sureties, to appear and receive iood sentence when called upon during such period (not exceeding three ~onduct years) as the court may direct, and in the meantime to keep the =:~ of peace and be of good behaviour: eing to punish-provided that, where any first offender is convicted by a 'magis- ment trate of the third class, or a magistrate of the second class not specially empowered by the state government in this behalf, and the magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a magistrate of the first class or sub-divisional magistrate, forwarding the accused to, or taking bail for his appearance before, such magistrate, who shall dispose of the case in manner provided by section 380  previously convicted offenders565 (1) when any person having been convicted-order (a) by a court in india of an offence punishable under sec- for tion 215, section 489a, section 489b, section 489c, or section 489d ~otify­of the indian panel code, or of any offence punishable under :~ss chapter xii or chapter xvii of that code, with imprisonment at of either description for a term of three years, or upwards, or previously cod-victed offender of 1:-160 (b) before the 26th day of january, 1950, by a court or tribunal in any indian state acting under the general or special authority of the central government or of the crown representative, of any offence which would, if committed in india, have been punishable under any of the aforesaid sections or chapters of the indian penal code with like imprisonment for a like term, is again convicted of any offence punishable under any of those sections or chapters with imprisonment for a tenn of three years or upwards by a high court, court of session, presidency magistrate, district magistrate, sub-divisional magistrate, or magistrate of the first class, such court or magistrate may, if it or he thinks fit, at the time of passing sentence of imprisonment on such person, also order that his residence and any change of or absence froda 479 (b) ls-io - such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence - - - - - (3) the state government may make rules to carry out the provisions of this section relating to the notificaion of residence or change of or absence from residence by released convicts  - - - - - (5) any person charged with a breach of any such rule may be tried by a magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated - - - - explanatorv note-the entries in the second and scvcnth columd!l oflhe schedule, headed respectively "offence" and "punishment under the indian penal code", are not intended as definitions of the offences and punishments described in the several corresponding sections of the indian penal code or even as abstracts of those sections, but merely as references to the subject of the sectionl the number of which is given in the first column the third column of this scheduje appiles also to the rotice in the towns of calcutta and bombay sectlod otrencc , whe- whe-whe- whe-punish-by what court ther ther ther ther ment triable tbe a bailable com under police warrant or poundthe may or a dot able  lddiad arrest sumor penal with- mons aqt code out shall warrant ordior narily not issue in the first instance 1 4 6 7 8 3 109 the court by which the offence abetted is triable  abetment ofanyoffencc, if the act abetted is committed in consequence, in - nd where do express provisiod is made for its punishment 110 iucl abetment of any offence, if the penon abetted does the act whh a di«erent tdtedtion from that of the abettor ditto iii abetment of illy o1fence, when one act is rabened and a differedt act is done; subject to the provisol  dino if) abetment of any ofi"encc, when an effect is caused by the act abetted diberent from that intended by the abettor | 114 abetment                | of                      | any offence    ||-----------------------------|-------------------------|-----------------|| if                          | abettor is present when |                 || offence is committed       |                         |                 || the                         |                         |                 || court                       |                         |                 || by                          | which                   |                 || the offence abetted         |                         |                 || is triable                 |                         |                 || ditto                      |                         |                 || ditto                      |                         |                 || dittu                      |                         |                 || ditto                      |                         |                 || lis                         |                         |                 || abetment                    | of                      | an              || punishable with death       |                         |                 || or                          |                         |                 || imprisonment for life,      | if                      |                 || the offence be              | not                     | commit-         || ted                         |                         |                 || in                          | consequence             | of              || the abetment               |                         |                 || if                          | an                      |                 || act                         |                         |                 || which                       | causes                  |                 || harm                        | be done                 |                 || in                          |                         |                 || conse-                      |                         |                 || quence                      |                         |                 || of                          | the                     | abetment       || u6                          |                         |                 || abetment                    | of                      |                 || an                          |                         |                 || offence,                    |                         |                 || punishable                  |                         |                 || with                        |                         |                 || imprison-                   |                         |                 || ment,                       |                         |                 || if                          |                         |                 || the                         | offence be              |                 || not committed               |                         |                 || in                          | con-                    |                 || sequence                    |                         |                 || of                          | the                     | abetment       || if                          | the                     | abettor         || abetted be a public ser-    |                         |                 || vant whose                  |                         |                 || duty                        | it                      | is to           || prevent the offence        |                         |                 || ditto                      |                         |                 || 117                         |                         |                 || abetting the commission     | of                      |                 || an offence by the public,   |                         |                 || or                          | by more than ten        |                 || persons                    |                         |                 || ditto                      |                         |                 || ditto                      |                         |                 || 118                         |                         |                 || concealing a design         | to                      | com-            || mit an offence punishable   |                         |                 || with                        |                         |                 || death                       | or                      | imprison-       || ment for life,              |                         |                 || if                          | the                     |                 || offence be committed       |                         |                 || ifthe                       | offence be              | not             || mitted                     |                         |                 || dino                       |                         |                 || 119                         |                         |                 || a public servant concealing |                         |                 || a design to commit an       |                         |                 || offence which it is         |                         |                 || bill                        |                         |                 || duty to prevent,            | if                      | the             || offence be committed       |                         |                 || ditto                      |                         |                 || if                          |                         |                 || the offence be punishable   |                         |                 || with death                  |                         |                 || or                          | imprison-               |                 || ment for                    |                         |                 || life                       |                         |                 || ditto                      |                         |                 || if                          |                         |                 || the offence be not com-     |                         |                 || mitted                     |                         |                 || ditto                      |                         |                 || ditto                      |                         |                 || i %0                        |                         |                 || concealing a design to com- |                         |                 || mit an offence punishabk    |                         |                 || with                        |                         |                 || imprisonment,               | ifthc                   |                 || offence be committed       |                         |                 || it                          |                         |                 || the o«ence be not com-      |                         |                 || mitted                     |                         |                 | chapter va-criminal conspdtacyi lob criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards court of session when the offence which ia the object of the conspiracy is triable exclusi'tllely by such court: in the case of all other od'en-cia court of scaion presidency miiiatrate or magistrate of tb firstclus any other criminal conspiracy plnfdenc:y map triiii or magistrate of the first dills  chapter vi-oppbnciis against the statlicourt of session 121 waging or attempting to wage war, or abetting the waging of war against the govermnent of india ditto i -z i a conspiring to commit certain offences against the state duto 122 collecting arms, etc, with the intention of waging war against the government of india 123 conocaling with intent to facilitate a design to wage war ljmv 124 assaulting president, governor, etc, with intent to compel or restrain the exercise of any lawful power i-z4a sedltion - court of session, chii:f plaidency miptnte or district magistrate or~ of the fim c:lua specially empowered by the swe goverdidcdt in that behalf | court                     | of               | session    ||---------------------------|------------------|-------------|| 12                        |                  |             || 5                         |                  |             || waging                    |                  |             || war                       |                  |             || against any               |                  |             || asiatic power             |                  |             || in                        |                  |             || alliance                  |                  |             || or                        | at               |             || peace                     |                  |             || with                      |                  |             || the                       | gov-             |             || ernment                   | of               | india,      || abetting                  | the              | waging      || of                        |                  |             || such                      |                  |             || war                      |                  |             || 126                       |                  |             || oiu\"                     |                  |             || committing depredation on |                  |             || the                       |                  |             || teuitotxa                 |                  |             || of                        | any              |             || po-                       |                  |             || wer                       |                  |             || in                        |                  |             || auiancc                   |                  |             || or                        | at               |             || peace                     |                  |             || with                      |                  |             || the                       |                  |             || g:lvernment               |                  |             || of                        |                  |             || india                    |                  |             || ditto                    |                  |             || receiving                 |                  |             || property                  |                  |             || taken                     |                  |             || by                        |                  |             || war                       |                  |             || or                        |                  |             || depredation               |                  |             || meotioded                 |                  |             || in                        |                  |             || sec:tions                 |                  |             || 12s                       |                  |             || and                       |                  |             || 126-                      |                  |             || 128                       |                  |             || ditto                    |                  |             || public servant            |                  |             || voluntaril                |                  |             || allowing                  |                  |             || prisoner                  |                  |             || of                        |                  |             || sta~                      |                  |             || or                        |                  |             || war                       |                  |             || in                        |                  |             || his custody               |                  |             || to                        |                  |             || escape                   |                  |             || court                     |                  |             || of                        |                  |             || sessions,                 |                  |             || 129                       |                  |             || public servant            |                  |             || negligently               |                  |             || suffe~                    |                  |             || prisoner-of               |                  |             || state                     |                  |             || or                        |                  |             || war m                     |                  |             || his custody               |                  |             || to                        |                  |             || escape                   |                  |             || i~resid                   |                  |             || magis-                    |                  |             || trate                     |                  |             || ~trate                    |                  |             || of                        |                  |             || the                       |                  |             || tlrst                     |                  |             || clau                     |                  |             || court                     | of               |             || session                  |                  |             || aiding escape             |                  |             || of                        | rescuing         |             || or                        |                  |             || harbouring,               |                  |             || such pri-                 |                  |             || soner,                    |                  |             || or                        | offering any re- |             || sistadce                  |                  |             || to                        |                  |             || the                       |                  |             || recapture                 |                  |             || of                        |                  |             || such                      |                  |             || prisoner                 |                  |             | chaptbr vii-opjiiincbs rjllating to thi army and navycourt of session 131 abetting mutiny, or attempting  to aeduce an olbcer, solcuer, sauor or airman from his allegiance or duty dillo 132 abetment of mutiny, if mutiny is committed in consequence thereof court of sessiod, prejlidency magii-trate or magistrate nf the first class 133 abetment of an assault by an officer, soldier, sailor or airman on his superior officer, when in the execution of his office court of session [34 abetment ofsuch assault, if the assault is committed [35 abetment of the desertion of an deer, soldier, sailor or airman presidency malistratcor magistrate of tbe 6rst or second class 136 harbouring such an deer, prcaidency magissoldier, sailor or airman, trate or ~iswho has desened trate of the rst deserter concealed on board or second class 137 ntercbjult-vessel through ditto negligence of master or person in charge thereof 138 abetment of act of insub-ditte ordination by an officer, soldier, sailor or airman if the offence be committed in consequence 140 wearing the dress or car-\ny magistrate ryinj any token used by a soldier, sailor or airman, with intent that it may be believed that he is such a soldier, sailor or airman any magistrate  ch,\ptbr viii-ol'pbnces against the pvbljc tita~ql~ilit'1' 143 being member of an unlawful assembly144 joining an unlawful as-ditto sembly armed with any deadly weapon ditto 145 joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse ditto 147 rioting 148 rioting, armed with a deadly weapon court of session, presidency magistrate or the mllfatrale of the tint cjaas 149 the court by which the offence is triable if an offence be conlmittej by any member of an unlawful alosembly, every other member of such a!t~embly shall be guilty of the offence ditto iso hiring, engaging vr employing persons (0 talee part in an unlawful assembly any magistrate lsi knowingly joining or continuing in any assembly of five or more penons after it has been commanded to disperse |                          | i                        | 52           ||--------------------------|--------------------------|--------------|| assaulting               | or                       | obstructing  || publi~                   | ser~ant                  |              || when                     | sup-                     |              || pressmg riot, etc       |                          |              || court                    | of                       | session,     || presidency magis-        |                          |              || trateor                  | magistrate               |              || of                       | the                      | first class || any magistrate          |                          |              || 153                      | wantonly giving provoca- |              || tion with                |                          |              || intent                   | to                       | cause        || riot,                    |                          |              || if                       | rioting                  | be           || ted                     |                          |              || !                        |                          |              || if                       |                          |              || not                      | committed               |              || ditto                   |                          |              || i53a promoting           |                          |              || enmity                   | between                  |              || classes                 | "                        |              || presidency magis-        |                          |              || trateor                  |                          |              || magistrate               |                          |              || of                       |                          |              || the                      |                          |              || firit                    |                          |              || class                   |                          |              || 154                      |                          |              || owner                    | or                       | occupier     || of                       |                          |              || land                     |                          |              || not                      | giring                   | information  || of                       | riot, etc               |              || presidency maais-        |                          |              || uate                     |                          |              || or                       |                          |              || magis-                   |                          |              || trate                    |                          |              || of                       | the                      | fint         || or                       | second class            |              || ditto,                   |                          |              || 155                      |                          |              || person for whose benefit | or                       |              || on whose                 |                          |              || behalf                   |                          |              || a                        |                          |              || riot                     |                          |              || takes place              |                          |              || not                      | using                    |              || au                       |                          |              || lawful means to          | prevent                  |              || it                      |                          |              || ditto                   |                          |              || 15                       |                          |              || 6                        |                          |              || agent                    | of                       | owner        || for whose benefit a      |                          |              || riot                     | is                       |              || committed                |                          |              || not                      | using                    | all          || lawful means             |                          |              || to                       | prevent                  | it          || ditto                   |                          |              || i                        |                          |              || 57                       | harbouring persona       |              || hired                    |                          |              || for                      | an                       | unlawful     || ditto                   |                          |              || 158                      |                          |              || being                    |                          |              || hired                    |                          |              || to                       |                          |              || take                     |                          |              || part                     |                          |              || in                       |                          |              || an                       | unlawful assembly        | or           || riot                    |                          |              || ditto                   |                          |              || or                       | to                       |              || go                       |                          |              || armed                   |                          |              || any magistrate          |                          |              || roo                      |                          |              || committing affray       |                          |              | ciui'tbr [jc-oppb~cbs by or rblating to public sovantscourt of session, presidency map-trate or magistrate of the fint class 16 i being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act ditto 162 taking a gratification in order by corrupt or iuesal meana to influence a public servlllt 163 taking a gratification for the exercise of personal influence with a publk servant i'r:,ijency l\lasis-irale iii l\'l:lgistnue: l,f the firs! :lass court of session presidency magistrate or magistrate "f the fir;t clas' i () 4 abetment by public servant of the offences defined in the last two preceding clauses with reference to himself pr<-sidency magi~-(rate or magistrate of the first or second das~ 165 public servant obtaining any valuable thing, without consideration, from ii person concerned in any proceeding or business transacted by such public servant ditto 166 public servant disobeying a direction of the jaw with intent to cause injury to any person l6i public servant framing an incorrect document with intent to cause injury cow·t of session presidency magi~­trate or magistrate of the first class 16::) public servant unlawfully engaging in trade presidency magistrate or magistrate of the first class dino 169 public servant unlawfully buying or bidding for property \n: ~lagistrat(', 170 personating a public servant 171 wearing garb or carrying token used by public servant with fradulent intent  charter ixa-omncbs)u!lating to elbctions,t7ie bribery p-:~idency ,\tagh' tral": or magistrate , ·f i he first clas • ditto 171f unduc influence at an election dino personation at an election 1479 (b)ls-u ,-----------------------------------------~---------------------171g false statement in connection with an election presidency magistrate or magistrate of tbe first class ditto 171h illegal payments in connection with elections ditto 1711 failure to keep election accounts,  chapter x--contilmp'fs of the l\wfl'l :\l-rhori'fy of public servantsany magistrate, 172 absconding to avoid service of summons or other proceeding from a public servant ditto if summons or notice require attendance in person, etc, in a court of justice presidency magistrate or mqis-trate of the first or second class i:' 3 preventing the service llr the affixing of any summons of notice, or the removal of it when it has been affixed, or prevcntin~ a proclamation ditto if summons, etc, require attendance in person, et<:, in a court of justice any magistrate 174 not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority ditto if the order require personal attendance, etc, in a court of justice 175 intentionally omitting iii produce a document to a public servant by a person legally bound to produ:: or deliver such document the court in which the offence ii commi tted, subject to the provisions of chapter xxxv; or, if not committed in a court, a p~i­dency mqistntc or magistrate of the first or second class ditto, ff the ducument is requir:,l to be pr\lduced in or delivered to a cuurt of j u~­tic(' ---------_ presidency magistrate or magistrate of the first or second e1as:- 17(-, intentionally omitting to give notice or information to a public servant bv a person legally bound  to give such notice or information ditto if the notice or information rcquircd respects the commission of an offence etc ditto if the notice or information is required bv an order passed under subsection (i) of section 565 of this code ditto 1"-:0 knowingly furnishing false information to a puhlic servant ditto if the information required respects the commission of an offence etc i -:0); refusing oath when duly required to take oath hy a public sen·ant the court in which the offence is committed, subject to the provisions of chapter xxxv; or if not committed in a court, a presidency magistrate or magistrate of the first or second class ditto 179 being legally bound to state truth and refusin~ to answer question~ ditlo i go refusing to sign ii statement made to a public servant when legally required to lin so i ~ i ki111\\'ingh sl atid!! iii a public ~cr\'3nt (in oath a< true ihat \\ hich is false (:ourt "r sessillll presidency mil~i"~ trate or magistrate of the fir~t dass i'r':,:j,'i1c\ ,\lici" irate or 'mai·ltrut'' llf the first or 'ic-c()nd cia!', i';! (ii\'ing false in!\lrmllllln ii' :i public servant in order to cause him 10 use his !awful power to the injury or annoyance of any person   ---- -----------i ~ 3 resistance to the taking of property by the lawful authority of a public ~er­vant preaidency magistnte or magistrate of the fint or second elas; ditto r s~ ob'aructing sale of property offered for sale h\ authority of a public servant ditto l'i, bidding, by a person und~r a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without intending to perform the obligations incurred thereby, ditto j ~6 obstjucting public servant in discharge of his public functions ditto j 87 omission to assist public servant when bound b,· law to give such assistance ditto wilful neglecting to aid j public servant who de· mands aid in the execution of process, the prevention of offences, etc ditto i ~8 diiobedience to an order lawfully plomulgated by a public servant, if such disobedience causes, obstruction annoynace or injury to persons lawfully employed ditto if such disobedience causes danger to human life health or safety, etc threatening a public sl'r-"ant with injury to him, or one in whom he is intetested to induce him to do or forbear to do any official act ditlo threatening any person to induce him to refrain from making a jegal application for protection from injury  chapter xi-faisf evidfnci' a!\"d offencf!i against public justice113 giv:n4f or fabricuing false evidence in :l iudicial rroceedinp: glurt of session presidency magistrate or magistrate of the first class ditto giving or fabricating fal~t' evidence in any other ca!'c court of session 19 giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence ditto if innocent person be thereby convicted and executed ditto 195 giving or fabricjting false evidence with intent to procure conviction of an offence punishable with imprisonment for lite or with imprisonment for 7 year; or upward~ 196 using in a judicial proceeding evidence known to be false or filbricated court of session, presidency magistrate or magistnte of the first class ditto 197 knowingly issuing or signing a false certificate relating to anr fact of which such certdicate is by law admissible in evidence ditto 198 using as a true certificate one known to be false in a material poiflf ditto 199 false statement made in any declaratinn which is hy law rel'l'ivanlc as c\·idencc ditto ~oo u sing a~ true any such declara! ion known to be fals·~ ;:·')1 clusing ji~al'pcartnc,· 0/ evidence of an "tfenl:e corlmitted, or giving false information touching it to screen the offender, if a capital offence if punishable with imprisonment for life or imprisonment fpr to years court of session presidency magilltrate or magilltrate of t he first class if punishable with less than 10 years' imprisonment presidency magi~-trate or magistrate of the first class or court lw which thc offence is triable 202 intentional omissiun tu give information of an offence by a person legallv bound to inform  presidency magistrate or magistrate of the first or seo:lild class ditto 203 ghring false information respecting an offence committed lo-l secreting or deslwying any document to prevent its production a~ evidence presidency magistrate or magistrate of the first class cuurt of session, presidenc\' magistrate or  magistrate of the first class 2::>5 false personation for the purpose of any act ur proceeding ina suit or criminal prosecution, or for becoming bail or security presidency magistrate or magistrate of the first or second class 206 fraudulent remuval ur cullcealment etc, of property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree ditto loi claiming property without right or practising deception touching any right to it, to prevent its being taken as a forfeiture or in ~atisfaction of a fine under ~entencl', or in execution l,f a deaee magis· magi,,-the fir~' i'n:sidency trate (lr trate (if dass fraudukntl\" sutlcring a decree to i,ass for a sum not due or suffering decre!: to be cxccu tcd a h t't i t ha~ been ~ali,lil·'i '!09 false claim in a enurt of justice presidency magistnte or magistrate of the first class :: j 0 fraudulently obtaining a decree f0r a sum not due or causing a dc('tee to he executed after it ha!; heen satisfied ditto :: j i false charge of offence made with intent to injure i f offences charged be punishable with imprisonment for 7 years or upwards court of session presidency magis~ trate or magistrate of the first class court of session if offence charged be capital, or punishable with imprisonment for life 2 j 2 harbouring an offender, if the offence be capital court of session, presidency magistrate or magistrate of the first class ditto if punishable with imprisonment for life, or with imprisonment for 10 yelu's if punishable with imprisonment for j vear and not for 10 years presidency magistrate or mag istrate of the first class, or court by which the offence is triable court of session 213 taking gift, etc to screen an offender from punishment, if the offence be capital if puhishable with imprisonment for life, or with imprisonment for 10 years court of session, presidency magistrate or magistrate lif t he firs t dasli 11 \\ llh imprisllnmcnt fur les~ thdn 10 \·ears presidency magistrate or magistrate of the fir~1 class, or court bv which the ,fence it; triable court uf sc'ic;ion offering gift ur rcstoratilljl of property in consideration of screening offender if the offence be capital  _---__--------if punishable with imprisonment fur lift: llf with imprisonment f(lf ie years court of session l'rcsidency magistrate or magist r;lh: (,f the fir~t dass if with imprisonment 1('1 less than 10 years presidency magistrate or magistrate llf the first class or court by which rhe offence is triable l'rt'sidency magistrate or maistrate of the first class 215 taking gilt to help to rcc(,-ver moveable property (,i which a person has been deprived by an offence without causing apprehension of c'ffender c"urt of sess ion presidency magistrate or mlfis-[rate of the first class = i" harbouring an offender \\ h<, has escaped from custod~  or whose apprehension has been urdered, if the offence be capital ditto if pwlishlible with imprisonment for life or with imprisonment for 10 yeaf' if with imprisonment for i year, and not for 10 yeaf!l presidency magistrate or magistrate of the first class, or court by which the offence is triable 216-\ harbouring robbcrs l'r dolcoits court of session, presidency magistrate or magistrate of the fint class presidency alagistrate or magistrate of the tint or second class :hi public servant disl,hl"ying a direction of law with intent to save person from punishment, or pro('crt)· from forfeiture court of sessi~)j"1 21~ public iicn'ant framillg an incorrect record or writing with intent to save rerson from punishment, or rr0-perty from forfeiture: court of session 219 public servant in a judicial proceeding corruptly mak-109 and pronounci ng an order, repon, verdict or decision which he knows to be contrary to law ditto 220 commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law ditto 221 intentional omission to apprehend on the pan of a public servant bound by law to apprehend an offender, if the offence be capital if punishable with imprisonment for life or imprisonment of 10 years ifwithimprisonment for less than 10 years court of session, presidency magistrate or mqiatrate of the fint cint presidency magistrate or magistrate of the first or second class court of session zza intentional omission to apprehend on the part of a public servant bound by jaw to apprehend person under sentence of a court of justice if under sentence of death if under sentence of imprisonment for life or, imprisonment for 10 years or upwards if under sentence of imprisonment for less than 10 years or lawfully committed to custody coun of session, presidency mtaistrate or magistrate of the fint class :z23 escape from confinement negligently suffered by a public servant presidency magistrateor mmia--trate of the fint or second ciua ditto resistance or obstruction by a person to his lawful apprehension ditto :us resistance or obstruction to the la wful apprehension of a nother person, or rescuing him from lawful custody 1479 (d) ls-12 | if                          | charged with an·offence    ||-----------------------------|----------------------------|| punishable with imprison-   |                            || ment for life,              |                            || or                          | impri-                     || sonment for                 |                            || 10                          |                            || years                      | -,                         || court                       | of                         || presidency magis-           |                            || trate                       | or                         || trate                       |                            || of                          | the                        || class                      |                            || court                       |                            || of                          | session                   || if                          | charged with a capital     || offence                    |                            || ditto                      |                            || if                          | the person is sentenced to || imprisonment for            | life,                      || or                          | to                         || 10                          |                            || years                       |                            || or                          | upwards                   || if                          |                            || under sentence              | of                         || ditto                      |                            || usa                         | omission                   || to                          |                            || apprehend,                  | or                         || sufference                  | of                         || part                        |                            || of                          | public servant,            || cues                        | not                        || vided                       |                            || for-                        |                            || (a)                         |                            || in                          |                            || case                        |                            || of                          | intentional                || omission                    |                            || or                          | sufferance ;               || court                       | of                         || presidency                  |                            || mii-                        |                            || gistrate                    |                            || or                          | magis-                     || trate                       |                            || of                          | the first                  || class                      |                            || (b)                         |                            || in                          | case                       || omissions                   |                            || or                          | sufferance                || presidency                  |                            || magis-                      |                            || trate                       | or                         || trate                       |                            || of                          | the                        || first                       |                            || or                          | second class              || ditto                      |                            || resistance                  |                            || or                          | obstruction to             || lawful                      |                            || apprehension,               | or                         || escape                      |                            || or                          | rescue,                    || in                          |                            || cues                        |                            || not                         | otherwise provided for    || court                       | of                         || :u6                         |                            || unlawful                    |                            || retl1r1l                    | from im-                   || prisonment for life        |                            || 227                         |                            || violation                   | of                         || remission                   | of                         || the                         | court                      || the original offen-         |                            || ce                          |                            || wu                          |                            || triable                    |                            || 228                         |                            || intentional insult          | or                         || terruption to a public ser- |                            || vant sitting                |                            || in                          | any stage                  || of                          |                            || a judicial proceeding      |                            || the                         | court in which             || the offence                 |                            || is                          | com-                       || mitted, suhject             |                            || to                          |                            || the provisions              | of                         || chapter                     |                            || xxxv                       |                            || 229                         |                            || personation                 | of                         || as~sur                     |                            || presidency magis-           |                            || trate                       |                            || or                          | magis-                     || trate                       |                            || ilr                         |                            || the first                   |                            || cl:iss                     |                            | chaptsr xi l-ofpbnces re1a tlng to coin and government stami's| court                 ||-----------------------|| 231                   || counterfeiting,       || or                    || perform-              || ina                   || any                   || part                  || of                    || the                   || process               || of                    || counterfeiting, coin |3 4 5 6 7 8 ----,,------------------------------------------court of session ~3~ countelfeiting, or performing any part of the process of counterfeiting, indian coin 233,a,making, buying or selling instrument for the purpose: of counterfeiting coin court of session, presidency magistrate or masis  trate of the first class court of session 234 | making, buying             | or     ||----------------------------|--------|| instrument for the purpose |        || ot counterfeiting          | indian || c~jn                      |        |235 possession of instrument or material for the purpose of using the same for counterfeiting coin i court of session, presidency magi&-trate or mqia  trate of the first class court of session if indian coin - ditto 236 alxtting in india the cowlterfeiting out of india of coin | coun       | of    ||------------|-------|| pzcaidcncy |       || magis-     |       || trate      |       || or         |       || magi       |    || trate      | of    || the        |       || drst       |       || class     |       || court      |       || of         |       || session   |       |237 import or export of counterfeit coin, knowing the same to be counterfeit -238 import or export of coud~ terfeits of indian coin, knowing the same to be counterfeit 239 having any counterfeit coin knwn (0 be such when it came into possession, and delivering, etc, the same to an,' person | court             | of    ||-------------------|-------|| presidency magis- |       || trate             | or    || magis-            |       || aatc             |       || of                |       || the               |       || first             |       || ella              |       || ditto            |       |240 the same with respect to indial1 ,,,;,  2p~knowingly delivering to another any counterfeit presidency maaistrate or magistrate of the first or second clus ~oin as genuine which, when first possessed, the deliverer did not know to be counterfeit | possession ot              | counterfeit    ||----------------------------|----------------|| coin by                    |                || a                          |                || person who knew,           |                || it to                      |                || be                         |                || counterfeit when           |                || he became possessed there- |                || of                        |                || court of                   | session,       || plaidcdc)'                 |                || mqia-                      |                || trate                      |                || or                         |                || maaia-                     |                || trate                      |                || of                         |                || the                        |                || ant                        |                || ciaa                      |                |i 3 4 5 6 7 8 243 possession of indian coinby a person who knew it to be counterfeit when he became possessed thereof court of session, presidency magistrate or the magistrate of the first class court of session 244 penon employed in a mint causing coin to be of a diiferent weight or composition from that fixed by law ditto 245 unlawfully taking from a mint any coining instrument fraudulently diminishing the weight or altering the composition of any coin court of session presidency magistrate or the magistrate of the first class ditto~ 247 fraudulently diminishing the weight or altering the composition of indian coin d ditto altering appearance of any coin with intent that it shall pass as a coin of a different description ditto • 249 altering appearance of indian coin with intent that it ~ pass as a coin of a di1felent description ditto, 250 delivery to another of coin possessed with the knowledge that it is altered ditto 2s1 delivery of indian coin possessed with the knowledge that it is altered ditto 252 possession of altered coin by a person who knew it to be altered when he became possessed thereof ditto 253 possession of indian coin by a penon who knew it to be altered when he became possessed thereof 254 presidency' magistrate or magistrate of the first or second class delivery to another of coin as genuine which when first possessed the delifcrer did not know to be altered i 2 3 4 s 6 7 8 coun of session 255 counterfeitiag a government stamp ditto 256 having possession of an instrument or material for the purpose of counterfeiting a government stamp ditto 257 making, buying or seuirg instrument for the purpose of counterfeiting a government stamp ditto 258 sale of counterfeit government stamp 259 having possession of a counte~it government stamp court of session, presidency magistrate or magistrate of the first class ditto-260 using as genuine a government stamp known to be counterfeit ditto 261 effacing any writing from a substance bearing a government stamp, or removing from a document a stamp used for it with intent to cause loss to government 262 using a government stamp known to have been before used presidency magistrate or magistrate of the first or iieoodd dass 263 erasure of mark denoting that stamps have heen used court of session, presidency magistrate or magistrate of the first class presidency magistrate or magis trate of the first class 26-t fraudulent usc of false instrument for weighing presidency magistrate or magistrate of the first or iecodd etass | 21)5                | fr:llldulc:nt                    | usc:       ||---------------------|----------------------------------|------------|| "f                  |                                  |            || weight ,)r measurc |                                  |            || false               |                                  |            || l'r,'sidl'll':y     | magis-                           |            || trate               | ,'r                              | magistrate || "f                  |                                  |            || the                 | first                            | or         || "'':'',1,1          |                                  |            || c1lss              |                                  |            || dittu              |                                  |            || 200                 | [;:ing in p,)sscssion ilf false |            || \\'c:ights          |                                  |            || ur                  | measures                         | fur        || fraudulent use     |                                  |            || 267                 |                                  |            || making              | or                               | selling    || ~falsc              |                                  |            || weights or measures | f(,r                             |            || fraudulent use     |                                  |            |~cgligently doing any act known to be likelv to spread infectiun or" any disease dangerous to life presidcncy magist rat<: or magi5-tratt: llf the first or second class l'r~sijcncy mogis-11'11<: or magis-i rat,' <if lh~ first 'r ,::,111<1 class malignantly doing any ;lct known i,) be iikc:lv hi spread infection 1)[ any disease dangerous to life dino knowingly jiso\wying any quarantine rule i):no 272 :\julterating food or jri"i intended for sale, so as to make the same noxious ditto selling any food or drink as food and drink, knowing the same to bc noxious adultcrlting any ii ug ,)r medical prcpjrjtiun iiw:i\j-cd f')r sal: su ", tll h:sscn its effici<!ncy, or tu clungc :jp~ration, or i,) m:lk: it n ixi"us llicring 1,,1' ,,,k ur issuing ; i, 'm j ji,p:nsary any drug d 111;,ij,:,,1 i'r':i'jratillll i;11"\\'n t' h;ii'c h~cn ajul-[ercilej klhjwm~ly sdlillg \lr i~,uln~ t'r,nn a jisp:n>lry any drug ur illcdi:al i'n:parauun a' a jitkrc!lt jrug or mejical preparation ,if a r~~cr-d:riiing jthe wat:r public spring "r \·ulf :-'< j\\aj:::t: ~,tm"';\t rt' ill'x-iuu~ (,' hcdlll, diul', ]79 l)rj\'il~" , r rilill!,! i'll rubii'; \\ a:, st' ra~hh ilr negligcn!ly a~ t" endailgcr hll:::;!!; 1::;>, ":,', ~ll\"if~hil·~: ~l: \1'~fj sp rashh' l'r r:n:licl'nth' as iii :ndailg:r !nlman lii'c etc i 'r"~idcll~'y mal!ist r'lte l'r magistrue l)f the firs t ,'r sl'ix)()j class :::"urt of session exhih:;,!; ,, ~ u'f jifllt mark ,'r :-11<'\, cl'n\t:~ ing f,'r hire ail~ \'cr-,,'n h' \',:;r:[ il: a \"cssd in sudl :1 qall', ('i" s, iil~llkd, j' t,· ei;,hli:~"r ill> lift', l'n:sidcncy magistrate l'r magistrate l,f the first ,'r second class c;lti·ii:':: ,:jj'cn <l',lrlilti"11 ,;r ir,i\ir\ ::, ,11: \'ul,lil: pn:~idene" magistrate ('r magistrate (,f the first or \\'~l-y i'r lire d" na\"igation ~c'i',md class l)~'~d!r:~ \' ::l d"\ l"~ll:--"ln(ius ~ublal::e ",' at t" cndanger hloiman life etc any ,\ \agi~tralc dcajinc with fire l'f ally clmlb~lstih(' matter si' as to enjjng('r human life, etc' ls6 so dealing \iith jil~ i'k)~i\"c "l1htal,,\', 2s-~i' ,k:!i':',: ,,::1: 1;; 1l13c"11l-:" r', , ; 'rc~ij(,llc~' ma)! is- rltl' i'r macistrate ,'i the lir~t or x;,\lnd class  ' \ 1'1"""1' ····i!rll~~· til r,lurd ,l:,,' \ ," ,i;tll~l'r 11,1' ";t 11 : :1' 'o' ,1 : ~: 11 , l iii i r -ii il ~"\\il \' 'j i' i' i' 1""iid iii : ~ i' 1 '\ '  i '·',1, '~i , '01' 1', i , - lijrd ,h':,l1!1\( ,/;111!!l'i' til '~ii11:-~ 1"!'l' l'l \,1" gric\",'lis ll1n :-ii't11 ",uch ~1i1irnill ~lj i cuntinuance of nuisance if!cr injunct ;on 10 discl'n-iinu::  l'residcm:v ma~i~-trate (\1" macistr:li" \if the tif~t ',if second class ~~2 ~:lh: 10 li:, uf l)b~ccnc bol,k~, etc l'rl'siul'ncy m~h:i,-irate or ma;~i,­trate of th: tir,r class dittn 293 sale, etc, of obscene (,biecrs tl) young persons 294 ohscene songs any magistral': | ':::yj                      | "\          ||------------------------------|-------------|| kl':ping a lottery ofjict' |             || diu"                        |             || i'ublishing                  |             || prop(l~als                   |             || rela-                        |             || ting                         |             || hi                           |             || lotteries                   |             || ditto                       |             || presidency                   |             || l\bgi<,-                     |             || trate                        |             || or                           | magis-      || trate                        | of          || first                        |             || llr                          |             || second class                |             || de,twying,                   |             || damaging                     |             || l'r                          |             || defiling                     |             || a                            |             || place                        | of          || l'r                          |             || sacred object with in-       |             || (ent                         |             || to                           |             || insult the religion          |             || clf                          |             || any                          |             || class                        |             || of                           |             || persons                     |             || court                        |             || of                           | session     || or                           |             || presidency                   |             || magis-                       |             || trate                       |             || maliciously insulting        | the         || religion                     |             || or                           | the         || beliefs                      |             || of                           | any         || class                       |             || causing                      | a           || asseml'ly                    |             || engaged                      | in          || reli-                        |             || gious worship               |             || presidency                   |             || ma\!i~­                       |             || trate                        | or          || ma~i'i­                       |             || trale                        | of          || the                          |             || tir,r                        |             || ur                           |             || ,el'\                        |             || llhl                         | d,i",       || uillu                       |             || tn:srassing                  | in          || place                        | of          || ~hir                         |             || l'r                          | sepulchre,  || in:                         |             || funeral wirh                 |             || intentil'll                  |             || iu-                          | iil'uilj    || the                          |             || fcdill\!,                    |             || d                            | i,'         || imult                        |             || rhe                          |             || rdigilll1                    |             || -"i'                         |             || ;lily                       | i'ersun, or || lllkring                     |             || in                           |             || ,\i;i11t':                  | iii         || ;l                           |             || human                        |             || c~lrrs~,                     |             |ltkring any word or mak-1l1g any sound in the healinl:, l'r making any gesture, l'r r1acing any \ibject ill the ,ight, of any per~l lll, with intentioll to wouilj hi~ rdigi~'us feding ----__---------,----- -----  , - --- of offences affrcti"g l::1~_:\irt of s:ssion, ~02 murder ditto, murder t·: a rer"'1l under sentence (if imprisonment for life ditto 304 culpable homicide not amounting to murder if act by which the death is caused is done with intention of causing death, etc dino if act is dcme with knowledj!e that it is likely to cause death, but without anv intentiun to cause death, etc ,304:\ cau5inc: de:lth h [':l~!l ot negl:g'cut :ct-court of se~'1!o~, presi:!ency ma!;!is~ tr:'lte n m:l!!:':str;:'e of tile first cll:';s court of sessicn :';c5 at'ctment of ~,i:cidc committed by c;l1\j or i!l,:\:1e or delirious p::rson or 3n idiot, or a pl!rson intoxicated ditto ::>6 abetting the commission of suicide ditto 307 attempt to murder if such act cause hurt to an\' person c:~o attempt by life-convict to murder, if hurt is c3usej dno 30r :v'::!mpt to c,)!ll"n:: :~lpj~)l! h~)!lticide ditto if:' ·i:h act c'ju~e !:~: ::) 1:1',' l'·:~son ~'re<,1('ncy magi!>' irjte c!" :-'~lgis· ':':~ ,:- i: frst r::r ~;:~cj"j c:j~s sou:t c[ !)c s:;ior 311 beil,~ a thug  , "-'-'h (b ls-i3 of rll' ';~ii\j'l/f"f a hh'/u'''' ljj:t , cj ]:; ·'t· i, l i c," i ( ,,1/,/1, ii ",/ ii" j '''''\/111 ''l 1"i<jf1l,: lllt; " ;,:, ( ",  1/11,,':  ' lin,h, ,~i ~ cm~ing miscarriage })illl', ii rhe \\ 1'111'111 he 4uid with l:hild ditto causing miscarriage with-':lut woman's conlient vitto deat h caul'cd b,' an act donr with intent (() cause miscarriage, dillo i fact dllllc without ,,'omen \ consent villc', :\ct done with intent to pre-"c!'n! a child heing born lilive or to cause it to die after its birth, ditl(·, causing death of ii quid: unborn child h'\" an act tmounting to - culpahlr hnlllicide b;pllsure of a child under j 2 years of age by parenf "t per~on having care of it with intention of \\'hl'li" abandoning it, ' court of se~slon, presidency magi~­trite ot magj~­trate of the first class, concealment of hirth 1'>, secret disrosal of dead r"dy, court of session presidejh:y magi~~ trate or magi~rratc of the fil-t dil'~, ::; \''iuntanl" ::au~intr hurl ,'~4 \','lumarily cau:;ing hurt r· danl!rrou~ weap"n! "( mo:an~, court  i st'~:i"r, pres/lit'lll:\ maj:"-i ralr (if -j\"all:l~­ll'stc iii ihe hr~1 iir !>l'~l'lid ds~~, dill\! ,~c \'"llllliaril~ ,'iiulolii!: i!rlc-"  li~ hurl 3:l6 voluntarih csuhlll1 grit'-\'uus hurl by dangerou< weapon i lit means, court 01 ~e~~lon, pref;idency magi' trate or malrislrlltc uf the tint clan    ---- --- --u7 v,luntarily ":oluslilg hurl ttl t'''ll'rt pr"pet ,': "i , vtiluable ~e":ul"il \, ui" (i' | {:"urt          | of    ||-----------------|-------|| ~essi(ln,       |       || !'rc'sidc'nc\· |       || magi~­           |       || (rate           |       || or'             | mali  || trltc'          |       || (\1'            |       || the             | fir   || t               |       || :iah          |       |c\ln~rraijl to in iltl qhing wllt:h j, itkba1 ,'r wlti,!, ma\' faciit[<lte (he ';"illmis'~k)n uf an "tft'lk't' ~l'; \lllljlli~lering ,tupc:lying drug with lll:~nt ii' ~'iiusc' hurt, c'tc, | ,""iu      | ntarih'     ||------------|-------------|| ciluslflg  |             || grie-      |             || vous       |             || hurt       |             || h'         | 1:)';lill'l || pn'-       |             || perty      | or          || valuabhl   |             || ~ecurity |             || or         |             || to         |             || com        |             || train      |             || to         |             || do         | anything    || which      |             || i~         |             || i\legal,   |             || or         |             || whi:h    |             || may faci-  |             || litate     |             || the        | commission  || lin        | olfc'nce   |v,)lunrarih :au;ing hurl i,) t'letort ":lti\fe,~i,)n l'r mfl~r­i11litioll, or c',' cumpcj re~toratilll1 01 prvpert~·, etc, 331 \',lluntarily ::ausing grit'v-\)us hurt to ckton confes-!>ion or information, or to :ompd restoration ',f property, etc se5!i~'fi vulu,\larily \·,tli'll1g rlun h' ,ietel" publi,- '::: ~jilt !f,-'m hi~ duty i're~ljeil":~ magi-lrllte or aia&islrllte of the tirst :jus \'"iuil!,hlj\' cau~lilg gri~­\'\lus hurl 10 ject:'r publi: 'it:'rvam ft011l ill' dut\·  voludllirily cau~ill8 hlh'1 l'n gravc' ilnj sudden i'rpvocali\>il, noi inrenjmll til hurt an v other than the person who gave the: rr,'" vocation, -----------------_ --,  _-----__---5 6 7 8 court of session, !35 en,in\:: !  ri~\'ll~;~ h:-r 0n  :-1  ~; j ,,)~l,!l  , ! r~  "~;",, nut inkih': ing l<' i:t:n n\' c't!~;r [1::1:1 [i1\: r~:;-",~:'! -\':~:\:1 t;:rrc lhe pr~sidcney magistratt or milgistrate of the first or second class j prg\'l);~uun ~ '\n:-~1agistrnte~ -jj(' 1) "':r~b any j\:t \l:~!!~h end:l:1"~r, li:i01:1n life or (he pi:r::',\;1:1 saf:ty of olhers 3 37 c~<1 ,i:1~ h'jrt by an a:t w:1i::! enj~~gers human lif-:, de &i |               | presidency    | m3gis-   ||---------------|---------------|----------|| ,trate        | or            | magis-   || trate         | of            | the      || fiut          |               |          || of            |               |          || second class |               |          |ns c:1'"ir:~ grievous pllrt by 3z1 act wllich endanj!el s hu;:lin lifc; etc ii any magistrate - f: :{t" lo:fluy r~hrlining lny p::rson ~ 3 p \'vrv:l;f:llly cunfining ,w', person ~ presidency magistrate or magis- ! trate of the first or second class  343 wrongful confining three or more days, for  -presidency magistrate or magistrate of the tirst or sc~ond class wrongfully confinina for 10 or more day • court of session, l'residency magistrare or magistrate of the tirst or $econd class k~~?::l-:: lny p:!rson ii· ·''r'l:1~~i:jl confi:l:mcnt, i,;;' i-:lt: dllt a wclt h!) hc:il i;;!>ucj for hi!; jiberj-court of session presidency bu-gistrate or mj-gittrate of the first or aecond clas~ ~:j:l, t ditto !4" \'vr,"ll~:!'uj ~0ullnc:mem ifi !>l:l:rd ----------------------------------------------------------------------347 wrongful confinement h,r the purpose oi extorting property, or constraining to an illegal act, etc court of session, presidency magistrate or magistrate of the first or second class cc''lrt (if session, pre,idency magimate (lr magistrate of the first cla-- 348 wrongful confinement fm the purpose ul extuning ;:unfession ljr infllrmation, or 01 cumpelling restoration of property, elc  of criminal force a'" ,·l'<2u/rany magistrate 352 assault or use of criminal force otherwise than on grave provocation 353 assault or use of criminal force (0 deter a public sen'ant from discharge 01 his duty , presidency magistrate or magiatrat e of the first or second dass ditto 354 assault or use of criminal force to a woman with intent to outrage her modesty presidency magistrate or magistrate of the first or second class assault or cridlinal force with intent to dishonour a person, otherwise than on grave and sudden provocation any maeistrate 3s6 assault or criminal force in attempt to commit tbeft or property worn or carried by a persun ditto 357 a~sauh llr usc uf criminal force in ,mempt wrongfully to confine a person ditto assault or use of criminal force on grave and sudjen provocation 163 kidnapping court of session, preaidency magiatrate or magistrate of the fint class  --- -------~------------- ---- 8 ------------------------------------ --cllurl of session presidency magis~ trate, or magistrate (,f the first clau ~153:\ kidnapping or iip!alllll'~ the custody of a minn in mder that such minor m:ly be employed lh' useg fqr purposes of begging  court of" session \taiming a minor in urder that '1uch minor rna\' be cmpl"yed or used  il'l purposes of begging c,urt of session 36~ kidn:lpping or abducting in order to murder 36~ kidnapping or ilbductin: with intent secret 1\' anj wrongfully to confint" ji pers(ln court of seslion, presidency magistrate or maps-irate of the first :lass cuurt of sessiun 3()f) kidnilpping or abducting ii woman to compel her mar· riage or to cause her jetllement, etc ditto pjitro ~ 6ti b i mportatioll of girl fr" m foreign country court uf session' kidnapping or abducting in order tt> subject a person to grievous hurt, slavery, etc gjilcealing \ir keeplllg iii ;onfinemem a kidnapped ~'erson court of session 1 pre!'idency magip-trail" or mali~­i rate of the fint das~ ditro kidnapping or abdul:tin  : "chilj with intent ic' tah propeny from the i't'r~ln ,  f such child cuu rl of se!isiun huying ,'r disposing of am per~l'n as a ~iave ditto llal--itual dealing in ~ia\'t·~ 372 selling or letting to hire i minor for purposes of prostitution etc court of sellsion presidency magistrate or magistrate ot the tint ciall --------------, --------------------~~~ huyinl{ or obtllining pos~c!'osion ,'f ii minor for (he' saml' purp0ge5 l:,iurl 1i1 session' presidency mqis-[r;ilc ,if magistrbte of the first class :\ n ~ magistrate 374 unlawful lahour cclurt (if session chief presidency-magistrate or district magistrate 376 rape if the sexual intercourse was b\' a man with his own wife not being under 12 years of age court uf session i f the sexaul intercourse wall bv a man with his own wife being under i2 yean of age til any other case ditto 3"''' {!lilldtural offenc;c~ courr nf session, presloenl,;y magistrate or malistrate of the first class  chapter xvji-onencfs  ii'st i'jlcli'ur'\' of theft\ny magilltrate theft ditto'" 3i'o the-fr in a huilding, tent or \·c5sci the-ii hv derk or servant of prlli'l'ri \' 10 pnssession or :1li'-!n (lr emrloyer court ,)f session pre;,idency magi~­rrare or magi~­trate or thefirlit ur ~econd class (','uri ,·f session, rresidency mligi~­'riltec'r magi\-lrate of thl: tint clil~~ rllef! i'rcparation ha,ing rt'rn madefor causing ,leal h ,r hurl, or restraint, nr fear of death ,'r tlf h 1i rr, or of restraint 10 0rder to the committinj[ 1)1' such then or to retirinft after c(jmmitling it "r to' retaining propert); taken h~' it |                      | 384           | b"xtorrion        ||----------------------|---------------|--------------------|| court                | of            | session,           || presidency magis-    |               |                    || trate                |               |                    || or                   | magis-        |                    || trate                | of            | the                || or                   | second class |                    || ditto               |               |                    || 385                  |               |                    || putting              |               |                    || or                   |               |                    || attempllng           |               |                    || ((1                  |               |                    || rut                  |               |                    || in fear              | of            | injury            || to commit extortion |               |                    || court                | of            | session           || 386                  |               |                    || extortion            | by            | putting            || a                    |               |                    || per-                 |               |                    || son                  | in            | fear               || vous                 |               |                    || hurt                |               |                    || ditto               |               |                    || 387                  |               |                    || putting              | or            | attempting         || a person             | in            | fear               || or                   | grievous      | hurt               || to                   | commit        | extortion         || ditto               |               |                    || 388                  |               |                    || extortion            | by            | threat             || ac~u­                 |               |                    || sation               | of            | an                 || punishable           |               |                    || with                 | death,        |                    || imprisonment         | for life      | or                 || imprisonment         | for           |                    || 10                   |               |                    || yean                |               |                    || ditto               |               |                    || if                   | the           | offence threatened || he                   |               |                    || an                   | unnatural     | offence           || ditto               |               |                    || 389                  |               |                    || putting              | a person      | in                 || of                   |               |                    || accusation           | of            | offence            || punishable           |               |                    || with                 | death,        |                    || imprisonment         | for           | life,              || or                   |               |                    || with                 |               |                    || imprisonment         | for           |                    || 10                   |               |                    || years,               | in            | order              || mit                  | extortion    |                    || dltro               |               |                    || if                   |               |                    || the offence          |               |                    || be                   |               |                    || an                   | un-           |                    || natural offence     |               |                    |~,'l= robberv | c")urt            | of         ||--------------------|------------|| session,           |            || presidency magi!;· |            || trate              |            || or                 | magis-     || trate              |            || of                 | the first  || cla!s             |            || ditto             |            || if                 | co:nmitted || way between        |            || !;unlle!           | and        || sunrise           |            || ditto             |            || 393                |            || ~ttempt           |            || to commit robbery |            |~9~ - p"'f,"n \' ~i\lntarily causing h'lrt in committirg or arle notbg to co:n mil court (if ses~i"'n, pres den:y m:lgistr 're or m, ,istrate of the fir&t clas~, r"b~)e~'" or any other per· ,(in j ';,rlv concerned in ~u::h rohhery, court of session diuc' 396 murder in dacoity ditto ,~ 397 r""'b-'1' or dacoity, with a'"tnrnnt to cause death or grievous hurt coun of session 39s a"-mof to corn""ir rohhery or d:-c":'v wh,n armed with dead"!y weapon ditto 399 "h~inll or~narati(ln fc' pmmit dacoity, ditto, 100 r'lo,<ri'l1!; to '\ ~1nll of par so'l ~ $is~0c;"t~ri f0r the p'irf\o~" of ",itually committing dacoity, <ii  court of s t'~!lion~oi b'h'';'1!; to a w1"rf"rinr it',g ofo·"~o", 'l~'iociated fo" t;e 0'\"000;" of hllbit:ully cjnnining theft!>, pre~idt'nc~ mlgi-trate or m allistrate of the fint cllss court of session 4::>2 b~i"ll "ne of fiv~ ot' more r·~or:5 as~"mt-kr' fot 'he pu-1"'0se (if committir,l! dacoi(v"  of criminal misaffrcf"c' , rf th i(""any magistrate 40) d;"honest misnpprnpnai 'n ('if 'twvcable proper''-", ,)t c, 'm'erting it to onc'~ '>wn u-c r court of ~ "~iion 404 d', honl ,t misappt()t'riation of r"operty i nowing thnt it was in po~sn­-i"n of:l deceased penon |               | prtsj<'nc~"    | mr~is      ||---------------|----------------|------------|| trait         | or             | mrgi5lrte || of            | [he            | first      || second clasa |                |            |;<[ his de,lih, and (hat i! has not since been in thr ~"'j,,,e~~ion of any person '''gally entitled to it ditto if by clerk 01' penon employed bv dec("a5td -'------ -~---14;5 (l) ls-14 406 criminal breach of trusl ! court of ~e~~lon, presic!ency mrgistrate or l\12lzi s -trate of the firs i or second class cn·rt c'f fc~!;(n, 407 crimij'p1 hr""ch of truh t, - carrier whalfinger, etc' ptt'~k'(rcv l\t-fistrate or ma-~istrate of the first class 408 criminal breech of trust by a clerk or servant court of srss;on, presidency magistrate or magistrate of the first or second class 409 cr:m:rrl i-rel'ch ofttu~t h public servmt or by 1-in k~r, merchant or allent etc enl'rt nf ~esc:("n prcf'dcrcy liagist rate or ma-/tistrate of the first class  oj the reui'l'ing of st""·,, property4u dishonestly receiving stolen property, knowing it to be stolen court of srs~i('r i presidency ma,istrate or mar-istrate of the first or second class r:ourt of sc~~i"t1 412 dishcnestly rccr'ivinlz st0)en prorerty, knowin/z that it was obtainrd h\' dacoity, ,u~ haritually dealing in ~lok!­prorerty 414 a~~istinlz in concealment "r disposal of slolen property, kno",inll it fn hp !!folen en'lrt of se!~inn, presidency mallistrate or ma~is· trate of the fir~: or !lccond c1as~  01 cmatirrj" cbeatinjt prc~f1enc\' ma,ns· trate or ma~s­trate of the firs! or second clas! c~l':j l:l\! j p(hllll \\ho~l interest the offender was bound, either by law or 11\ legal con tra:t, to' pro'cci, -court of session, presidency magistrate ,01' ma· gistrate of (he first or second cla;s cheating by person arion, court of session presidency magistrate or maslstrate of the first or second class ~20 cheating and thereby dishonestly inducing delivery of property or the mlklng, aitt'ration or destruction of a valuabie' security court of se!lsion presidency magistrate or magistrate of the first clas~  of prau:iulmt deejs ani di!fjoriti01l of properry| frauduknt         | remo\'al    | or        ||-------------------|-------------|-----------|| c,)ne:alm~nt    |             |           || of                | property,   |           || etc              |             |           || tv                |             |           || nc'\'-:nt         | distrihu-   |           || tion              |             |           || among             |             |           || creditors        |             |           || ma-               |             |           || or                |             |           || ml-               |             |           || of                | the         |           || see,)nd           |             |           || presidency        |             |           || gistra:e          |             |           || gistrate          |             |           || fint              | or          |           || class            |             |           || presidenc\'       | m agis-     |           || irate             | 'or         | m         || agis-             |             |           || trate             |             |           || of                |             |           || the               |             |           || first             |             |           || or                |             |           || second            |             |           || class            |             |           || -122              |             |           || fia'jdul:nny      | preventing  |           || from              |             |           || being             |             |           || made              |             |           || available         |             |           || for               | his         | creditors || a debt            |             |           || or                |             |           || demand            |             |           || due               |             |           || to the            |             |           || offen-            |             |           || der              |             |           || ditto            |             |           || 423               |             |           || fra'jdulent       | execution   | of        || dt'cd            | of          | transfer  || ing a             |             |           || fji~e             |             |           || slatement         |             |           || of                |             |           || consideration    |             |           || ditto            |             |           || 424               |             |           || frauduk;\i        |             |           || rc:movai          |             |           || or                |             |           || cui1c,-llill,:'l |             |           || ,\f               |             |           || property,         |             |           || oi                |             |           || 1'1111"_11       |             |           || _'!               |             |           || jily              |             |           || uther             |             |           || persllll,         |             |           || llf               |             |           || "'i"ilg          | in          | lhe       || duillg            |             |           || lll(r(ol         | or          |           || di~­               |             |           |hllnc~ly rd~j;lng any dc:m"lll1 or clum lu which he 1li enmll:d  oj mischitf'~2() mischiel 427 mischief, and thereby cau~­ing damage to the amount of ,50 rupees or upwards presidency ~ magistrate of m~-ai;trate of the hrst or sec:old class 428 mischief by killing, poisoning, malmlrg or el,dering uselciis any animal of the vuue of 10 rupc:~11 or upwans~ presidency magistrate or magistrate of the firit or socond class '  ourl of scsllion' pfesidency magiscolle oc ma-~isrjlle of the tirst or second cloiss 429 mischief by killing, poisoning, mauthng or rendering uscil:llis tiny elepllolnt, c41nd, nocse, cic" whll-chr may be lis vuue, or al y ultlcr lilllmw 01 lhe \i&iuc 01 so r",pc:cs o up-wi&ills ditto 430 mischief by causing di-i01n"'10n of supply of wotll:r foc agcl~uijrt&l purposes~ cte ditto 43 i \-l:sc!uef by injury to public r",  l, 01"1'1: u"yl~muie ny,a ('i' u  y1koib'~ "  l-hcl, olio:! u:1  ~ lig it l"lv"~:>glk ul 1  :>10 sale 11j1  \·~umg "r couveylug 1)ljt~1l)·  ditto 432 :,1ischie1 by cjusing inun-w,&1jl j - ,)jju"'~"hjn [0 pijii~  r~l  g;, dlicj1"ed ',' hj  "''''d,,~\ mischief by dcstroying or 433 lih)~·"'~ u r':,i  cjlg les~ u,;lul" li"'h- ul1~~ ur s":"-"'''''-, \j, \jy cxubilldf fhc u •• lls 4h \i'':li:f by j!troying or 11,) {,i" :c, 01 l"i,j-,luk 11,(:1 "'i y  juc ""ulully· )1 tnc --------------------- -------3 4 5 6 7 c~)un l)! sessiou, pn:siuf"nc,-msgl)li<lic or £\118-~islraic of the ~tir~i da$~_ -------------------------------------------------------------435 mi>chiel by fire or explo-:>l\'': ~i,hl  n:~ whn l  ~  l1l to cii  i! uchn  gt: to an"}ill of 100 rupees of upwifus, 01", 10 !,;m"e of a6,cu - uai pou,"e, 10 rlj'pt:t:s of upw<lfi&8 lllun ,of )cssion -bo mischief by fire or expjo-slve "idstance with intent to destroy 8 house, etc ditto ~3 7 mischief with intentto destroy or make unsafe r de:jted ve  se1 or 8 vessel of 20 tons burden 43s fat: mischief described in [1~ the ';!':lon wlen commeeed oy tiee or <lny explusive substance dllw 434 hwloing' :s~d ashore with li11elll [0 comma theft etc -t4:j m:s-;:!lid committed after p'':p1rdlion made for c~;j;lng teath, or hurt, etc court of session presiden-=l magistrateor m ,gl:hralc! of the first elasr  of crimiru~1 1'respanh~ c;iminaj trespas~ any ~ 19istrate_ dino -~ i" h ,·l~(·tn:~i';j~' in order te court of sessiod ~!1~ ~~\n~l1l:--'il~il 01 an ull" ;'_!~i'~l'lhlt: with ,!cain ditto   1>(' hj:j,~-trc,p;j" iii order hi :\': ,;,) 111i1>~lon of an of :l'-:c p j,mlljblc with ln,j:i:iuomc:nt lor life any maeisuilit' 451 hoase-uespass in ordc:r to me commission of an offence punishable with mprisonment  _  _--- -----__  ---  --  - -----3 ( -------------------- - ---- - ----- ---("'url of ~l'~sion' if the offence is theft l'rc~ idcncy magistrate or magisrrate of the first ,'r ~econd class ditto h yue-trespass, ha\'ins mjje preparation for c1j"ing hurt, assault etc lrking ho j,e-trespass or ho  ue-breaking presidency maaistrate or magistrate of the first or second class c,'uri of sellosion presidercy ml gistrate (1f maglstratc of the first or second class lurking house-trespass or h-lue-breaking in orderto the connisslon of an oif!nce pjnishable with imprisonncnt di[[o if the qlfence is theft c"urt of scf>sion l)ic~i':t ncy maglslra~e or " agis,ra~e pi the fil~( class  55 lurking ho'lse-trespa~~ iii ;}lj;!-oreaking after prepjiacion maue for causing hurt assault, etc | cu'jrt            | of                | scssion    ||-------------------|-------------------|-------------|| ~,6               |                   |             || lurking           | house-trespass or |             || n>\h'::-breaking |                   |             || by                |                   |             || night            |                   |             || rre~              |                   |             || idtncy l\_agis-   |                   |             || [nlle             |                   |             || or                | "abis-           |             || trale             | of                | the         || or sc(oro        | cla!>s           |             || ditto             |                  |             | 5 -;' lurking house-trespass or nl j;;-oreotkmg by hight in o:j!{ (0 [,i! c)ll ,{lission or jl ''>if: 1';'; p jilsnclble w itn inal-jsolinc:nt if the offl!qce is theft ditto (  'urt of sessloll ~1'r:·ii:!l':y migi>-lrcll~ j( v1j~b  e 01 {f,c irsl dll~s court of session lurkmg house-tre~pass ui llj,b:->rej"il" oy nighl, after prepllcauun made for eabulg llllrl, etc - lirievous hurt caused whilst commltuilg lllrimg housetrelipilss or nollse-urelljung court of ;:,essi:)j death or grievous hurt cili&scd by olle of sevcrill p:rsuls 1  )i,uli c>l::md 11l nl!,;;:->,:&o16 by jtiahl clc 2 3 4 s 6 7 8 ~6j dis \lo"le ;th' hr::lkin ~ up:!n 'r unfastenilll: any ci )sed rt:cert;::c[;: containing or supposed to contain pr~lii:n:y m histrite or ma1istrate of the first c'r second cbsll rr~'rert\-bemg entrusted with any c1oed receptacle containing ('ir ~urrcscd to contain any rororerty, and fraudulently 0rening the same, co'lrt of se'l,i :m presidency m l~is­trate or m l<:i:;-trate of the fi'sl or second class  chapter xviii-offences relating to documents and to property marksforgen-| co'lrt     | of    ||-------------|-------|| pr:sij::t:y | m     || qis        |       || trate       |       || or          | m     || 1           |       || "tist       |       || trite       |       || of          |       || the first   |       || cllss      |       |cj'1rt of session forgery of a record of a court llf justice or of a register of births, etc, kert by a public servant ditto f _-r ~~n ,~f 'i \'ai'j 1~1: securit': will ('r authority to make or transfer an,' \-ai181:-1: security, or to r:cci\'e any mllocy, etc diu:>, when the \abable se:urity is a promissory note of the central g(lwrnment, forgery for the purpose of l'heatin~, court fif se~~do/\, presidency mlgistrate or ma~:s­true of the first clda ditto forge!)' in ~he purt''\~e of harnllnf! ::~~ r"f-'::l:l::m ,,\f an'-!,,~, ':~, ,'~ ; :'_,",qnjz (hal 1-' l, l~~!', :,-, :-~ -,;,:1 fn llat ?l:rrl'~e 4'71 u~ing a~ g:enum<! a :'~!:;::d djcument whi:h ~ ic,:-wi1 to be forged,  sa1de court u tha t by which the forgery is triable caart 01 sasionwhen the forged doa:~~nt is a promi~sory no~e :-:- :he central go\'ernmer: _ _ _ _ _ _ _ _  " -_ _ _  0" _ _  _ -------------------------------------------| ('ourl                      | of                  ||------------------------------|---------------------|| se!ld;'/i                    |                     || t':'2                       |                     || makin~                       |                     || or                           |                     || counterfeitin~               |                     || a seal, plate,               | etc,               || intent to commit a           |                     || forger~                      |                     || punishable                   | under               || 467                          |                     || of                           | the                 || code,                        |                     || or                           | possessing with     || like intent any such         |                     || ~eal                        |                     || rlate,                       | etc, knowing       || same to                      |                     || bc                           | countcrfeit        || oitto                       |                     || 473                          |                     || makinll                      | or                  || seal, r late etc            |                     || •                           | with intent         || to commit a fol'jcry ('un-   |                     || ishal-ie                     | otherwise           || than                         |                     || under                        | section 467         || ir'ldian                     |                     || per'l81                      | code,               || sessing with like            | intent              || any                          |                     || such seal,                   | rlate,              || kno\\inp'                    |                     || the                          | same                || counterfeit                 |                     || ditto                       |                     || ~7l                         |                     || having                       | possession          || a                            |                     || document, knowing it         |                     || to                           |                     || bc                           |                     || forged                       | •                  || us~                          |                     || it as genuine ;              | if                  || the                          |                     || document                     | is                  || description                  | mentioned           || in section                   |                     || 466                          |                     || of                           | the                 || indian penal code           |                     || ditto                       |                     || if                           | the document is one || description mentioned in     |                     || section                      |                     || 467                          |                     || of                           | the                 || penal code                  |                     || ~"~                          |                     || counterfeiting a device      |                     || or                           |                     || mark                         | used for authenti-  || cating                       | documents           || cribed                       | in section          || 467                          |                     || of                           |                     || the                          | indian penal code  || or possessing                | counterfeir         || marked material             |                     || t)lfto                       |                     || j                          |                     || ~                            |                     || counterfeiting a devise      |                     || or                           |                     || rr8rk used for authenticat- |                     || ing documents                |                     || other                        | thar               || those described              |                     || in                           | section             || 467                          |                     || of                           | the                 || code                         |                     || or                           | rossessing coun·    || rerfeit                      | marked              || dlttn                        |                     || $77                         |                     || fraudulently deltroying      | or                  || dafadna,                     | or                  || to                           |                     || destroy                      | or                  || ing                         |                     || a                            |                     || will,                        |                     || etc                         |                     |-----_--- --- ------------+ ~~:\ fabificatipn of accounts court of session presidencv magi  trate or' magis trate of the first class ~ ~ ~ t-,;jng a false property mark with intent to dect'ive or injure am' person presid~nc\' magiatrate or' maliatrate of the tint or second club ditto ~"3 counterfeiting a propert)' mark used by another, with intent to cause dama!<<'orinjury court of seaaion presidency ma-itistrate or magistrate of the tir~t class glullterfeiting a property mlrk used by a puhlic set-v:lnr, or an\" mllrk used h,· him tl' ,kllnt' tht· m~nu'­facture quality, ete, <if :1l1 \' pro pert \' ditto h,1l1ciuklllh' making "t ii,wing p,)ssession of any ,i it', plate or other instrum",n t for c<)unterfeiting any puhlic ,lr private pt\'-p<'tty mark k'h)wingly ~elling goods 'turkej with a counrerfeit property mark presidency magistrate or magistrate of the first or second class court of session presidenc" magistrate or magistrate of the fint ,lr secunj dass frau,luklllly makij1~ a fabe lll1rk upnn any package (lr r:;q'ta-:ie containillg >!,hds, with intent tocau~c i: (,) b: hdie"ed that it ,·"l1!"lilb g<)(),ls which it 1,,", ::,', _":haln, ,·te ditto   \i!k::,;: lh<: ,'1' any such fd,e ;11lel-; i\l"!~"\ ii:g j~'ll 0\\ iilg ilr ,kltcin~ any rr,'perty 'lllrk with intent to cauq' injun' l'residencv magistrate  lir magistrate of thl' fir~t llr second da~, 489-\ counterfeiting ('uti ~'i :,',  notes or bank-n(ltc~ 1479 (b) ls 15 | :                   |       ||---------------------|-------|| l'''l~::':''        |       || l                  |       || t!1"tlllltlt      |       || :''1~~'-',,1        | ~;   || counterfeit         |       || curn'ih:\'-lli)te~  |       || ,'r                 |       || "ank-nllt('~       |       ||                    |       || -t,qc               |       || pp~~e~~ion          |       || \,1'                |       || tllrged             |       || iir                 |       || ditto              |       || l·,~unte"rkit       |       || curn'nc\,-il(l!("   |       || 'r                 |       || han                 |       || k-n'rl·~          |       || ditll               | •    || -i'i:jd             |       || making              |       || "i                  |       || p                 |       || ss~~~illg           |       || ill'-               |       || truments            |       || or                  |       || material            | for   || forging             |       || or                  |       || counterfeitinll     |       || currei1c\--l1(ill'~ |       || l'r                 | bank- || thlt,"             |       | ch:\phh xjx-crt~ti~u hrf-\ch of c'~nh·i!> llj-- ser\'jcrl'residenc\' magistrate  or ms-~j!ltrste of the fint llr !lecond das!, -iqo being bllulld b\ l·pll  ;!d '" render personal sen-ie" during a \'oyil~c \lr journe\ (lr to conn'\" nr gu:lrd an~ ,'r 'i'crl\' pi' t'l'r~(1n :md \-"lumaril\ l:ol11miuinj; !o do ~p  j'-ll lking l'l1~ulhll(_, ,hlend (n (lr dirw ,u~'l'ly thl' willlh ofa per-~l'n ,,-ho i~ hdpless fmlll youth umoundne~s (if inind or dist'  ~e, and ""luntaril" l,,mmittinj,! to do 50 diull 492 heing bound by contract to render personal service for a certain period at a distant place to which the employee i, cl1llveyed at the expense: llf the emple-yer, and \'olunrarihdcsl'rtin~ th:: servi':l' "i i",'fll,illl: i  re:rf\~rtll the ilh\  _;": \ lliall i,,· ,i::cir cau,in~ a wilman not lawfull\' married t" him ttl hclievc: rhat ~hc is hlwfullv marri-,'j iii him and lo·cl1ha~i' with him in ,hat hclit'f l,'lill •• , ~e:~~hn ('rc,ijcllc,' ma-14t \larn ill)! i!:alll turin!: 11(: life riml' ,1' a hu,hand o! wit:: , ~1'lraic ,;r magistrate \,1 the fir,1 dill;l< cnlrt of session | same                       | otlcn:c::    | with con:cal·    ||----------------------------|---------------|-------------------|| m~nt                       |               |                   || l't                        |               |                   || !h                         |             | '                 || f,'rm,'r                   |               |                   || mal-                       |               |                   || riage from the person with |               |                   || whom subsequent            |               |                   || marri-                     |               |                   || age is contracted         |               |                   |a person with frauduknl intention going through· the c~remony of being married, knowing that he is not thereby lawfuuy married c,url llf session  adultery i 497pr,,~id:ncy magiqrate or ma-\!istrate of the hrst class enticing or taking away l'r detaining with a criminal ill[ent a married woman, presidency magistrate or magistratc of the first or !\econd ,):1'"  chapti!r xx1-nh\\\  thl~courl l,r ses~ion 500 to) defamation (other than defamation by spoken words) against the president or the vice-president or the governor of a state or a minister or any other public servant employed in connection with the affairs of the unionorofa state in respect of his conduct in the ji~:hargc: ufhis publi~' tunctions, when instituted upon a complaint made by the l'ublic prn~ecu­(,ir, tb) ljdamath'"ln an(l'lh :as\: c,lurt of ~c:s~illll presiden  ~ magistrate or magistrate of the fir~1 da~<, ~(j 1 (,<l) printm" clr c'ngra\'ing matter knowing it to be ddamatory against the president or the vice-president or the govcrnor -----------of i slate or i minister or any other public eer-vult employecl id cod-dectiod with the afi'ain of the union or of i s, in respect of his ~uc:t id the cliac:barae m bit public func:doda when idatituted upon i complaint made by the public proaecutor court of sesion, praidedc)' -mi-gistrate or ms-idstrate of the 4rat clus (b)~ or cdll'lvina it to be ~ in any other •• court of session (a) sale of printed or en-~lubstaoce containida  iselunatory matter ~ it to contain such matter inst the president or the vice-prelident or the governor of i state or a milulter or any other public servant employed ld connec:don with the ifi'iin of 'the union or of a state in respect of his c:oaduc:t id thc~ of hia public ~ wben fnstitoted upon i complaint made by the public: pro-iecutor court of session, presidency magistrate or magistrate of the lint clul (b) sale of printed or en-ji'ilved substance contain-1di defamatory matter kdowida it to codwn luch matter in any other case  chapter xxii-crlmtnal intimidation, insult afo,'d annoyanciiany magi"ratc s04 insult intended to provoke i breach of the peace presidency maptrare or maptrate of the lin! clus !!o!! pjae statement rumour, etc •• c:iraljatcd with intent to clu8c mutilly or offence wpiiiit the public peace 506 criminii intimidation praidcdcy ma-ptnic or me- te of the fint or iiccodd dali if threat be to cr!~e death or pievoua bun, etc court of session, ptesulency ~a­gistrate or ~a­gi~matc of the first class ditto 507 criminal intimidation by idod}'iddui eommunica-_ or -vilaa taken precaution to c:onc:eal whence the threat comes presidencv ~-puate'or ~­trate of the first or iciciond class sos act""" by inducing a penoo to believe that he will be fti1dered an object of divine displeasure ~d~ ~-~istrate or ~a­gi!lrate of the fint class, utteriu& lily word or malt-~ _pature intended to insult the modesty of a woman, etc any magistrate appeariugin a public place, etc, in a state of intoxication, add causing annoyance toaj penon  chapl'brxxiii-attbmpts to commit offbnc&~the court by which the offence attempted is triabk 511 attempq to c:ommit off-) ences puniabable with imprisonment for life or idjpiiiaament, and in such attempt doing any act towards the c:ommission of the offence  offences against otlwr lawscllirt of session if punishable with death, imprisooment for life or i,  ment for 7 years or upwards if punishable with im-~t fw3 years and upwards but leis than years court of session prcsidcocy ~ agiatnlc or ~­gistrate of the first class if punishable with imprisonment for i year and upwards, but less than 3 yean court of session, presidency ~­gistrate or  (see section 36) ordinary powers of state magistratesi-ordinary powers of a magistrate of the third class (1) power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64 (2) power to arrest, or direct the arrest in his presence of, an offender, section 65~ (3) power to en~orse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86 (4) power to issue proclamations in cases judicially before him, section 87 (5) power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88 (6) power to restore attached property, section 89 (7) power to require search to be made for letters ed telegrams, section 95 (8) power to issue search-warrant, section 96 (9) power to endorse a search-warrant and order delivery of thing found, section 99 (10) power to command unlawful assembly to disperse, section 127 (11) power to use civil force to disperse unlawful assembly, section 128 (12) power to require military force to be used to disperse unlawful assembly section 130 (14) power to authorise detention not 'being detention in the custody of the police of a person during a police-investigation, section 167 (14) (a) power to postpone issue of process and inquire into case himself, section 202 (15) power to detain an offender found in court, section 351 (17) power to apply to district magistrate to issue commission for examination of witness, section 506 (2)  (18) power to recover forfeited bond for appearance before magistrate's court, section 514 and to require fresh security, section 514a (18) (a) power to make order as to custody and disposal of property pending inquiry or trial, section 516a (19) power to make order as to disposal of property section 517 (20) power to sell property of a suspected character, section 525 (21) power to require affidavit in support of application, section 539a (22) power to make local inspection, section 539b  i i-ordinary powers of a magistrate of the second class(1) the ordinary powers of a magistrate of the third class (2) power to order the police to investigate an offence in cases in which the magistrate has jurisdietlon to try or commit for trial, section 155 (3) power to postpone issue of process and to inquire into !l case or direct investigation, section 202  iii-ordinary powers of a magistrate of the first ckls$(1) the ordinary powers of a magistrate of the second cl~<:;s (2) power to issue search-warrant otherwise than in course of an inquiry, section 98 (3) power to issue search-warrant for discovery of persons wrongfully confined, section 100 (4) power to require security to keep the peace, section 107 (5) power to require security for good behaviour, section 109 (6) power to discharge sureties, section 126a i, (a) power to make orders as to local nuisances, section 113 (7) power to make orders, etc" in possession cases, section 145, 146 and 147 , : (7a) power to record statements and confessions during a police-investigation, section 164 (7aa) power to authorise detention of a person in the custody of the police during a police investigation, section 167 (7b) power to hold inquests, section 174 (8) power to commit for trial, section 206 (9) power to stop proceedings when no complainant, section 249j (94) power to tender pardon to accomplice during inquiry into case by himself, section 337 -(10) power to make orders of maintenance, sections 488 and 489 (11) power to take evidence on commission, section 503 (12) power to recover penalty on forfeited bond, section 514 (12a) power to require fresh security, section 514a (12b) power to reocall case made over by him to another magistrate, section 528 (4)  (13) power to make order as to first offenders, section 652 (14) power to order released convicts to notify residence, seetlon 565 i lv-ordinary powers of a sub-divisional magi6trat! appointed under rection 13 (1) the ordinary powers of a magistrate of the ftrst class (2) power to direct warrants to landholders, section 78 (3) power to require security for good -behaviour, section 110 (5) power to make orden prohibiting repetitions of nuisances, section 143) - (6) power to make orden; under section 144 (7) power to depute subordinate magistrate to make local inquiry section 148 (8) power to order police-investigation into cognizable cale, section 156) , (9) power to receive report of police-officer and pass order, section 173j (11) power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186 (12) pow~r to entertain complaints section 190 (13) power to receive police-reports, section 190 (14) power to entertain cases without complaint, section 190 (15) power to transfer cases to a subordinate magistrate, section 192 (16) power to pass sentence on proceedings recorded by a subordinate magistrate, section 349 (17) power to forward rec,ord of inferior court to district magistrate section 435 (2) ~ (18) power to sell pro~iy alleged or suspected to have been stolen, etc, section 524 (19) power to withdraw cases other than appeals, and to try or refer them for trial, section 528 v-ordinary pofjjets oj a district magistrate (i) tile ordinary powers of a sub-divisional magistrjtc (ia) power to try juvenilo: offenders, s:ction 29b (2) power to require delivery cf letters, telegrams, etc, section 95 (3) power to issue s':arch-warrants for documents in custody of pfrstal or telegraph authorities, section 96-(4) ~ower to require s'"curity for good behaviour in case of sedition, aection los es) power to discharge pers'>ns bq~d to keep the peace or to be of good behaviour, section 124 " (6) power to cancel bond for keeping the peace, 8!ction 125 (68) power to order preliminary investigation by police-offieer not below the rank of inspector in certain c9&es, section 196b (7) power to try summarily, section 260 (7a) power to tender pardon to accomplice at 11y stag! uf a cas:, s:ction 337 (8) power to quash conviction in certain case, section 350 (9) power hear appeals from orders requiring security filr keping the peace or good behaviour, section ;06 (98) power to h!81" appeals from orders of magistrjtes refusing to accept or rej:cting sureties, section 406a (10) p~ to hear or refer appeals f-om oo:1victions by "lag~at~8 oj the iecond and third claise, section 407 (n) power to call for recorda, section 435 -------(12) power to order inquiry into com!llaint dismissed or case of ~ccused discharged section 436 (13) po\9cr t·) order commitment, section 437 (t 4) power to report case to high court, section 438 (17) power to appoint per;on to be public proiccutor in particular cus~ section 492(2) (r8) power w hue commission for examination llf wit1css !oectiors 50? 506 (19) power to hear appeals from or revise orders passed under s"!ctions 514,515, (20) power to compel restoration of abducted female, section 552  allllltlonal powfrs with which state magistrates may be 1,,'vestfn(i) power to require security for good behavaour in c:ue of sedition aection 108 : :2) power lo require ecuri~ for good behaviour, set:-tion ii: ~4) power to make orden ~ibitina repetitions ot nuiiailccs, section 143 : ~s) power to make orden under section 144: by thb sun: (7) power to iude process for penon within local jurisdictiod who bas committed ad oft'ed~ quuidc the 1oc:aj jurisdiction, section 186 : gov!rnmb~~  (8) power to take cognizance of offences upon complaint !cerion icjo: (9) p\l\ver 10 lake cogni'&llj\cr of offcnces upon policereports, section 11)0 : ii' power to rn summarih' section 260:  appeallo by )coond section !12) power to hear from ~'onvictionlo magktralc'i of the: and third classes  07: of offences without comp-by thb stat[ governm1!nt-corttd ( (13) power h' sell pr'perry aueged or suspected to have been ~tolen etc  ~ section 524: (i,) power (0 lry ~se~ under section 1l4a of the indian penal code: \ l hibiting repetitions of nuisances, section 143 : ( (1) power to make orden pn1-(2) power to make order u :lder sectiod 144 : (4) power to take cognizance: of offences upon complaint, section 190 : (5) power to take cognizance of offences upon potier reports, section 190: l (6) power to transfer cases section 192 : ( i (2) power to make orden prohibitidj repetitieds of nuisances, section 143: (3) power to make orden under section 144: l3a) power to record statements and caafenionl during a police-investiption, sectiod 164: (3b) power to azthorlte detention of - penon in the cuatod1 of the ~ dudn& a police inveit1ption, aec:-tion 167: govirnmpnt (4) power to hold inquests, section 174: second class may (05) power to take copizmcc of offence upon com-plaint, section 190: (6) power to like cqpjjpdcc of offencea upoil polio: repons section 190: (7) power to take copizancc of offences without complaint, section 190: (8) power to commit for trial section 206: (9) power to make: order u to firlt offenders section 562 : ( (1) power to make orden prohibiting repetitions of nuisances, section j 43 : '(2) powers to make orden under section 144 (3' power to hold inquests section 174: i of offences upon complaint, section 190 : (i) power to make order~ prohibiting repetitions 01 nuisances, section 143: (s) power to take cognizancl' of ofl'ences upqn policereports, section 190: (3) p~er to hold inquests, upon com-(5) power to take c:osnizancc of offences, upon police-! reports, section 190: (i) power to make orders prohibiting repetitions nuisances, section 143: (3) power to hold section 174 : (4) power to take cogdizan of ofl'ences  upon plaint, section 190 : (s) power to take qnizad of offences upon rolic reports, icctloll 190: power to cau for records, s tion 43s a hill [0 provide for the separation of judicial and executive in the union territories of delhi and himachal p (sh minister ij, -