The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

A.—Place of Inquiry or Trial

177. Ordinary place of inquiry and trial

178. Power to order cases to be tried in different sessions divisions

179. Accused triable in district where act is done or where consequence ensues

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

181. Being a thug or belonging to a gang of dacoits, escape from custody, etc.

Criminal misappropriation and criminal breach of trust

Theft

Kidnapping and abduction

182. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts

183. Offence committed on a journey

184. Repealed

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

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

Magistrate's procedure on arrest

187. Procedure where warrant issued by subordinate Magistrate

188. Liability for offences committed outside Bangladesh

Political Agents to certify fitness of inquiry into charge

189. Power to direct copies of depositions and exhibits to be received in evidence

B.—Conditions requisite for Initiation of Proceedings

190. Cognizance of offences by Magistrates

191. Transfer [***] on application of accused

192. Transfer of cases by Magistrates

193. Cognizance offences by Courts of Session

194. Omitted

195. Prosecution for contempt of lawful authority of public servants

Prosecution for certain offences against public justice

Prosecution for certain offences relating to documents given in evidence

196. Prosecution for offences against the State

196A. Prosecution for certain classes of criminal conspiracy

196B. Preliminary inquiry in certain cases

197. Prosecution of Judges and public servants

Power of Government as to prosecution

198. Prosecution for breach of contract, defamation and offences against marriage

199. Prosecution for adultery or enticing a married woman

199A. Objection by lawful guardian to compliant by person other than person aggrieved

199B. Form of authorization under second proviso to section 198 or 199

200. Examination of complainant

201. Procedure by Magistrate not competent to take cognizance of the case

202. Postponement for issue of process

203. Dismissal of complaint

204. Issue of process

205. Magistrate may dispense with personal attendance of accused

205A. [Omitted] & 205B. [Omitted]

205C. Transfer of case of Court of Session when offence is trial exclusively by it

205CC. Transfer of case to [Chief Metropolitan Magistrate, Chief Judicial Magistrate], etc.

205D. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

(206-220) Omitted

Form of Charges

221. Charge to state offence

Specific name of offence sufficient description

How stated where offence has no specific name

What implied in charge

Language of charge

Previous conviction when to be set out

222. Particulars as to time, place and person

223. When manner of committing offence must be stated

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

225. Effect of errors

226. Omitted

227. Court may alter charge

228. When trial may proceed immediately after alteration

229. When new trial may be directed, or trial suspended

230. Stay of proceedings if prosecution of offence in altered charge require previous sanction

231. Recall of witnesses when charge altered

232. Effect of material error

Joinder of Charges

233. Separate charges for distinct offences

234. Three offences of same kind within year may be charged together

235. Trial for more than one offence

Offence falling within two definitions

Acts constituting one offence, but constituting when combined a different offence

236. Where it is doubtful what offence has been committed

237. When a person is charged with one offence, he can be convicted of another

238. When offence proved included in offence charged

239. What persons may be charged jointly

240. Withdrawal of remaining charges on conviction on one of several charges

241. Procedure in cases

241A. When accused shall be discharged

242. Charge to be framed

243. Conviction on admission of truth of accusation

244. Procedure when no such admission is made

245. Acquittal

Sentence

246. Omitted

247. Non-appearance of complainant

248. Withdrawal of complaint

249. Power to stop proceedings when no complainant

Frivolous Accusations in Cases tried by Magistrates.

250. False, frivolous or vexatious accusations

(251-259) Omitted

260. Power to try summarily

261. Power to invest Bench of Magistrates invested with less power

262. [Procedure for summary trials]

Limit of imprisonment

263. Record in cases where is no appeal

264. Record in appealable cases

265. Language of record and judgment

Bench may be authorised to employ clerk

265A. Trial to be conducted by Public Prosecutor

265B. Opening case for prosecution

265C. Discharge

265D. Framing charge

265E. Conviction of plea of guilty

265F. Date for prosecution evidence

265G. Evidence of prosecution

265H. Acquittal

265I. Entering upon defence

265J. Arguments

265K. Judgment of acquittal or conviction

265L. Previous conviction

337. Tender of pardon to accomplice

338. Power to direct tender of pardon

339. [Trial] of person to whom pardon has been tendered

339A. Procedure in trial of person under section 339

339B. Trial in absentia

339C. Time for disposal of cases

339D. Omitted

340. Right of person against whom proceedings are instituted to be defended and his competency to be a witness

341. Procedure where accused does not understand proceedings

342. Power to examine the accused

343. No influence to be used to induce disclosures

344. Power to postpone or adjourn proceedings

Remand

Reasonable cause for remand

345. Compounding offences

346. Procedure of [* * *] [Chief Judicial Magistrate] in cases which he cannot dispose of.

347. Procedure when, higher punishment should be inflicted on accused

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

349. Procedure when Magistrate cannot pass sentence sufficiently severe

349A. Conviction on evidence partly recorded by one Sessions Judge, etc., and partly by another

350. Conviction [***] on evidence partly recorded by one Magistrate and partly by another

350A. Changes in constitution of Benches

351. Detention of offenders attending Court

352. Courts to be open

353. Evidence to be taken in presence of accused

354. Manner of recording evidence

355. Record [***] in trials of certain offences by first and second class Magistrates

356. Record in other cases

Evidence given in English

Memorandum when evidence not taken down by the Magistrate or Judge himself

357. Language of record of evidence

358. Option to Magistrate in cases under section 355

359. Mode of recording evidence under section 356 or section 357

360. Procedure in regard to such evidence when completed

361. Interpretation of evidence to accused or his pleader

362. Omitted

363. Remarks respecting demeanor of witness

364. Examination of accused how recorded

365. Record of evidence in High Court Division

366. Mode of delivering judgment

367. Language of judgment Contents of judgment

Judgment in alternative

368. Sentence of death.

Sentence of transportation

369. Court not to alter judgment

370. Omitted

371. Copy of judgment, etc., to be given to accused on application.Case of person sentenced to death

372. Judgment when to be translated

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

374. Sentence of death to be submitted by Court of Session

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

376. Power of High Court Division to confirm sentence or annul conviction

377. Confirmation of new sentence to be signed by two Judges

378. Procedure in case of difference of opinion

379. Procedure in cases submitted to High Court Division for confirmation

380. Repealed

381. Execution of order passed under section 376

382. Postponement of capital sentence on pregnant woman

383. Execution of sentence of transportation or imprisonment in other cases

384. Direction of warrant for execution

385. Warrant with whom to be lodged

386. Warrant for levy of fine

387. Effect of such warrant

388. Suspension of execution of sentence of imprisonment.

389. Who may issue warrant

390. Execution of sentence of whipping only

391. Execution of sentence of whipping, in addition to imprisonment

392. Mode of inflicting punishment

Limit of number of stripes

393. Not to be executed by instalments Exemptions

394. Whipping not to be inflicted if offender not in fit state of health

Stay of execution

395. Procedure if punishment cannot be inflicted under section 394

396. Execution of sentences on escaped convicts

397. Sentence on offender already sentenced for another offence

398. Saving as to sections 396 and 397

399. Confinement of youthful offenders in reformatories

400. Return of warrant on execution of sentence

401. Power to suspend or remit sentences

402. Power to commute punishment

402A. Sentences of death

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

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Ministry of Law, Justice and Parliamentary Affairs