23/12/2023 The Code of Criminal Procedure, 1898

The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

[ 22nd March, 1898 ]

1 ♠An Act to consolidate and amend the law relating to the Criminal Procedure.

WHEREAS it is expedient to consolidate and amend the law relating to Criminal

Procedure; It is hereby enacted as follows:

PART I
PRELIMINARY

CHAPTER I

Short title 1.(1) This Act may be called the Code of Criminal Procedure, 1898;
Commencement
and it shall come into force on the first day of July, 1898.

Extent (2) It extends to the whole of Bangladesh; but, in the absence of any
specific provision to the contrary, nothing herein contained shall

affect any special 2[* * *] law now in force, or any special jurisdiction
or power conferred, or any special form of procedure prescribed, by
any other law for the time being in force.

Repealed 2. [Repealed by the Repealing and Amending Act, 1914 (Act No. X
of 1914).]

(1) 3.(1) [Omitted by section 3 and 2nd Schedule of the Bangladesh

Omitted
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

(2) (2) In every enactment passed before this Code comes into force
Expressions
in former the expressions "Officer exercising (or 'having') the powers (or 'the
Acts
full powers') of a Magistrate," "Subordinate Magistrate, first class,"
and "Subordinate Magistrate, second class," shall respectively be

deemed to mean "Magistrate of the first class," "Magistrate of the

second class" and "Magistrate of the third class," 3
[***] the
expression "Magistrate of the district" shall be deemed to mean
"District Magistrate," 4[***].

Definitions 4.(1) In this Code the following words and expressions have the

following meanings, unless a different intention appears from the

subject or context:-
5 [(a) "advocate", used with reference to any proceeding in any

Court, means an advocate or a mukhtar authorised under any law

for the time being in force to practise in any such Court and includes

any other person appointed with the permission of the Court to act

in such proceeding;

(aa) "Attorney-General" means the Attorney-General for

Bangladesh, and includes also the Additional Attorney-General, the

Deputy Attorney-General or the Assistant Attorney-General for

Bangladesh, or, a Government advocate or such officer as the

Government may, from time to time, appoint in this behalf:]

(b) "bailable offence" means an offence shown as bailable in the

second schedule, or which is made bailable by any other law for the

time being in force; and "non-bailable offence" means any other

offence:

(c) "charge" includes any head of charge when the charge contains

more heads than one:

(d) [Repealed by section 3 and Schedule II of the Repealing and

Amending Act, 1923 (Act No. XI of 1923).]
(e) Clerk of the State includes any officer specially appointed by the

Chief Justice to discharge the functions given by this Code to the

Clerk of the State:

(f) "cognizable offence" means an offence for, and "cognizable case"

means a case in, which a Police-officer, may, in accordance with the

second schedule or under any law for the time being in force, arrest

without warrant:

(g) [Omitted by the Schedule of the Adaptation of Central Acts and

Ordinances Order, 1949.]

(h) "complaint" means the allegation made orally or in writing to a

Magistrate, with a view to his taking action under this Code, that
some person whether known or unknown, has committed an

offence, but it does not include the report of a police-officer:

6
[(hh) "Court of Session" includes a Metropolitan Court of Session;]

(i) [Omitted by the Schedule of the Criminal Law (Extinction of

Discriminatory Privileges) Act, 1949 (Act No. II of 1950).]

7 [(j) "High Court Division" means the High Court Division for criminal

appeal or revision: ]

(k) "inquiry" includes every inquiry other than a trial conducted under
this Code by a Magistrate or Court:

(l) "investigation" includes all the proceedings under this Code for

the Collection of evidence conducted by a police-officer or by any

person (other than a Magistrate) who is authorised by Magistrate in

this behalf:

(m) "judicial proceeding" includes any proceeding in the course of

which evidence is or may be legally taken on oath:

(n) "non-cognizable offence" means an offence for, and "non-

cognizable case" means a case in, which a police-officer, may not

 arrest without warrant:

(o) "offence" means any act or omission made punishable by any

law for the time being in force;

it also includes any act in respect of which a complaint may be

made under section 20 of the Cattle-trespass Act, 1871:

(p) "officer in charge of a police-station" includes, when the officer in

charge of the police-station is absent from the station-house or

unable from illness or other cause to perform his duties, the police-

officer present at the station house who is next in rank to such

officer and is above the rank of constable or, when the Government

so directs, any other police-officer so present:

(q) "place" includes also a house, building, tent and vessel:

(r) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws

(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)]:

(s) "police-station" means any post or place declared, generally or

specially, by the Government to be a police-station, and includes

any local area specified by the Government in this behalf:

(t) "Public Prosecutor" means any person appointed under section

492, and includes any person acting under the directions of a Public

Prosecutor 8[* * *]:

9
[(u) "Upazila" means a Upazila as defined in the Upazila Parisad

Act, 1998 (Act. No. 24 of 1998)]

(v) and (w) [Omitted by section 2 of the Code of Criminal Procedure

(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of

1982).]

Words (2) Words which refer to acts done, extend also to illegal omissions;
referring
to acts and
Words to all words and expressions used herein and defined in the Penal
have same
meaning Code, and not hereinbefore defined, shall be deemed to have the
as in meanings respectively attributed to them by that Code.
Penal
Code

Construction 10[4A. (1) In this Code, unless the context otherwise requires, any
of
references. reference-

(a) without any qualifying word, to a Magistrate, shall be construed

as a reference to a Judicial Magistrate;

(b) with a qualifying word not being a word clearly indicating a

Judicial Magistrate shall be construed as a reference to a Magistrate

as indicated in sub-section (2) (b);

(c) to a Sub-divisional Magistrate shall be construed as a reference

to-

(i) the District Magistrate if the functions exercisable are of the

nature specified in clause (b) of sub-section (2); or

(ii) the Chief Judicial Magistrate or as the case may be, the Chief

Metropolitan Magistrate, if the functions exercisable are of the

nature specified in clause (a) of sub-section (2);

(d) to an Assistant Sessions Judge, shall be construed as a

reference to a joint Sessions Judge;

(e) to any area which is included in a Metropolitan area, shall be

construed as a reference to such Metropolitan area;

(f) to any reference to a Magistrate of the first, second or third class

in relation to an area which is included in a Metropolitan area, shall

be construed as a reference to the Metropolitan Magistrate

exercising jurisdiction in that area;

(g) to a Magistrate of the first, second or third class in relation to an

 area outside a Metropolitan Area, shall be construed as a reference

to a Judicial Magistrate of the first, second or third class exercising

jurisdiction in that area.

(2) Where, under any law for the time being in force other than this

Code, the functions exercisable by a Magistrate relate to matters-

(a) which involve the appreciation or sifting of evidence or the

formulation of any decision which exposes any person to any

punishment or penalty of detention in custody pending investigation,

inquiry or trial or other proceeding or would have the effect of

sending him for trial before any Court, they shall subject to the

provision of the Code, be exercisable by a judicial Magistrate; or

(b) which are administrative or executive in nature, such as the

granting of a licence, the suspension or cancellation of a licence,

sanctioning a prosecution or withdrawing from a prosecution, they

shall, subject as aforesaid, be exercisable by an Executive

Magistrate.]

Trial of 5.(1) All offences under the Penal Code shall be investigated,
offences
under inquired into, tried, and otherwise dealt with according to the
Penal provisions hereinafter contained.
Code

Trial of (2) All offences under any other law shall be investigated, inquired
offences
against into, tried, and otherwise dealt with according to the same
other laws provisions, but subject to any enactment for the time being in force
regulating the manner or place of investigating, inquiring into, trying
or otherwise dealing with such offences.

PART II
CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES

CHAPTER II
 OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES

A.-Classes of Criminal Courts

Classes of 11
[6.(1) Besides the Supreme Court and the Courts constituted
Criminal
Courts under any law for the time being in force, other than this Code, there

shall be two classes of Criminal Courts in Bangladesh, namely:-

(a) Courts of Sessions ; and

(b) Courts of Magistrates.

(2) There shall be two classes of Magistrate, namely: -

(a) Judicial Magistrate; and

(b) Executive Magistrate.

(3) There shall be four classes of judicial Magistrate, namely: -

(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief

judicial Magistrate to other areas;

(b) Magistrate of the first class, who shall in Metropolitan area, be

known as Metropolitan Magistrate;

(c) Magistrate of the second class; and
(d) Magistrate of the third class.

Explanation: For the purpose of this sub-section, the word "Chief

Metropolitan Magistrate" and "Chief judicial Magistrate" shall include

"Additional Chief Metropolitan Magistrate" and "Additional Chief

judicial Magistrate" respectively.]

B. -Territorial Divisions

Sessions 7.(1) Bangladesh shall consist of sessions divisions: and every

divisions
and sessions division shall, for the purposes of this Code, be a district or
districts consist of districts.

Power to (2) The Government may alter the limits or the number of such
alter
divisions divisions and districts.
and
districts

Existing . (3) The sessions divisions and districts existing when this Code
divisions
and comes into force shall be sessions divisions and districts
districts respectively, unless and until they are so altered.
maintained
till altered
12
[(4) 13
[A] Metropolitan Area shall, for the purposes of this Code, be
deemed to be a sessions division.]

Power to 14
[8. The Government may divide a district into Upazilas and, by
divide
districts notification in the official Gazette, fix or alter the limits of a Upazila or
into merge the areas of more than one Upazila into one Upazila and in
Upazilas
so fixing, altering or merging, the Government shall ensure that the
etc
area of a Upazila is identical with the local area included in a Police

Station.]

Existing (2) All existing sub-divisions which are now usually put under the
sub-
divisions charge of a Magistrate shall be deemed to have been made under
maintained this Code.

C.-Courts and Offices

Court of 9.(1) The Government shall establish a Court of Session for every
Sessions
sessions division, and appoint a judge of such Court 15
[; and the
Court of Session for 16 [a] Metropolitan Area shall be called the

Metropolitan Court of Session.]

(2) The Government may, by general or special order in the official

Gazette, direct at what place or places the Court of Session shall

hold its sitting; but, until such order is made, the Courts of Session
shall hold their sittings as heretofore.

(3) The Government may also appoint Additional Sessions Judges

 and Assistant Sessions Judges to exercise jurisdiction in one or
more such Courts.
17
[***]]
18
[(3A) The members of the Bangladesh Judicial Service shall be
appointed as Sessions Judge, Additional Sessions Judge and Joint

Sessions Judge in accordance with the rules framed by the

President under the proviso to Article 133 of the constitution to

exercise jurisdiction in one or more of such areas.]

(4) A Sessions Judge of one sessions division may be appointed by

the 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 Government may

direct.

(5) All Courts of Session existing when this Code comes into force

shall be deemed to have been established under this Act.

Executive 19
[10.(1) In every district and in every Metropolitan Area, the
Magistrates
Government shall appoint as many persons as it thinks fit to be

Executive Magistrates and shall appoint one of them to be the

District Magistrate.

(2) The Government may also appoint any Executive Magistrate 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 Government may direct.

(3) Whenever in consequence of the office of a District Magistrate

becoming vacant, any officer succeeds temporarily to the chief

executive in the administration of the district, such officer shall,

pending the orders of the Government, exercise all the powers and
 perform all the duties respectively conferred and imposed by this
Code on the District Magistrate.

(4) The Government may, or subject to the control of the

Government, the District Magistrate may, from time to time, by order
define local areas within which the Executive Magistrate may

exercise all or any of the powers with which they may be invested
under this Code and, except as otherwise provided by such

definition, the jurisdiction and powers of every such Executive

Magistrate shall extend throughout the district.

(5) The Government may, if it thinks expedient or necessary, appoint

any persons employed in the Bangladesh Civil Service

(Administration) to be an Executive Magistrate and confer the

powers of an Executive Magistrate on any such member.

(6) Subject to the definition of the local areas under sub-section (4)

all persons appointed as Assistant Commissioners, Additional

Deputy Commissioners or Upazila Nirbahi Officer in any District or
Upazila shall be Executive Magistrates and may exercise the power

of Executive Magistrate within their existing respective local areas.

(7) Nothing in this section shall preclude the Government from

conferring, under any law for the time in force, on a Commissioner

of Police, all or any of the powers of an executive Magistrate in
relation to a Metropolitan area.]

Judicial 20
[11. (1) In every district outside a Metropolitan Area, the Chief
Magistrates
Judicial Magistrates, Additional Chief Judicial Magistrates and other

Judicial Magistrates shall be appointed from the persons employed

in the Bangladesh Judicial service in accordance with the rules

framed by the President under the proviso to Article 133 of the

constitution.
 (2) An Additional Chief Judicial Magistrate shall have all or any of
the powers of the Chief Judicial Magistrate under this Code or any

other law for the time being in force, as the Government may direct.
21
[(2A) The Government may, by general or special order in the
official Gazette, direct at what place or places the Court of Chief

Judicial Magistrate, Additional Chief Judicial Magistrate and other

Judicial Magistrates shall hold its sitting.]

(3) The Government may, or subject to the general or special orders

issued by the Government in consultation with the High Court
Division, the Chief Judicial Magistrate may, from time to time, define

local areas within which the Judicial Magistrates may exercise all or
any of the powers with which they may be invested under this Code,

and except as otherwise provided by such definition, the jurisdiction

and powers of every such Magistrate shall extend throughout the
district.

(4) Notwithstanding anything contained in this section, the

Government may require any Executive Magistrate to perform the

functions of a Judicial Magistrate for a period to be determined in

consultation with the High Court Division and during such period,
the Magistrate shall not perform the functions of an Executive

Magistrate.]

Special 22 [12. (1) The Government may confer upon any person all or any of
Magistrate
the powers conferred or conferrable by or under this Code on an

Executive Magistrate in respect of particular cases or a particular

class or classes of cases, or in regard to cases generally in any
local area outside a Metropolitan area:

Provided that no power shall be conferred under the sub-section on

any police officer below the grade of an Assistant Superintendent of
Police and no powers shall be conferred on a such police officer

except so far as may be necessary for preserving the peace,

preventing crime and detecting apprehending and detaining
offenders, in order to bring the offender before a Magistrate, and for
the performance by the officer of any other duties imposed upon him
by any law for the time being in force.

(2) The persons on whom the powers under sub-section (1) are
conferred shall be called Special Executive Magistrates and shall be
appointed for such term as the Government may by general or

special order direct.

(3) The Government may, in consultation with the High Court

Division confer upon any Magistrate all or any of the powers

conferred or conferrable by or under this Code on a Judicial
Magistrate of the first, second or third class in respect of particular
cases or a particular class or classes of cases or in regard to cases
generally in any local area outside a Metropolitan area.

(4) The Magistrate on whom the powers under sub-section (3) are
conferred shall be called Special Magistrates and shall be appointed

for such term as the Government may, in consultation with the High
Court Division, by general or special order direct.

(5) The Government may in consultation with the High Court

Division confer upon any Metropolitan Magistrate all or any of the

powers conferred or conferrable by or under this Code on
Metropolitan Magistrate in respect of particular cases or a particular
class or classes, or in regard to cases generally in any Metropolitan
Area.

(6) The persons on whom the powers under sub-section (5) are
conferred shall be called Special Metropolitan Magistrates and shall

be appointed for such term as the Government may in consultation

 with High Court Division by general or special order direct.]

Benches 15.(1) The Government may direct any two or more Magistrates in
of
Magistrates any place 23 [outside 24 [a] Metropolitan Area] 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 Government thinks fit.

Powers (2) Except as otherwise provided by any order under this section,
exercisable
by Bench every such Bench shall have the powers conferred by this Code on
in absence a Magistrate of the highest class to which any one of its members,
of special
who is present taking part in the proceedings as a member of the
direction
Bench, belongs, and as far as practicable shall, for the purposes of
this Code, be deemed to be a Magistrate of such class.

Power to 16. The Government may, or, subject to the control of the
frame
rules for Government, the 25[Chief Judicial Magistrate] may, from time to time,
guidance make rules consistent with this Code for the guidance of
of
Magistrates' Benches in any district respecting the following
Benches
subjects:-

(a) the classes of cases to be tried;

(b) the times and places of sitting;

(c) the constitution of the Bench for conducting trials;

(d) the mode of settling differences of opinion which may arise

between the Magistrates in session.

Subordination 26[17. (1) All Executive Magistrate appointed under section 10 and
of
12 (1) shall be subordinate to the District Magistrate who, from time
Executive,Judicial
and
Metropolitan to time, give special order consistent with this Code as to the
Magistrates.
distribution of business among such Magistrates.

(2) All Judicial Magistrates appointed under section 11 and 12 (3)

and all Benches constituted under section 15 shall be subordinate to

the Chief Judicial Magistrate who may, from time to time give special
orders consistent with this Code and rules made by the Government
under section 16 as to the distribution of business among
Magistrates and Benches.

(3) All Metropolitan Magistrates including Additional Chief

Metropolitan Magistrate, and Special Metropolitan Magistrate
appointed under section 12 (5) and Benches constituted under

section 19, shall be subordinate to the chief Metropolitan Magistrate,

who may, from time to time, give special orders consistent with this
Code and rules made by the Government under section 16 as to the
distribution of business among such Magistrates and Benches.

(4) All Judicial Magistrates including the Chief Judicial Magistrate

shall be subordinate to the Sessions Judge and all Metropolitan
Magistrates including the Chief Metropolitan Magistrate shall be

subordinate to the Metropolitan Sessions Judge.

Subordination 27[17A. (1) All Joint Sessions Judges shall be subordinate to the
of Joint
Sessions Sessions Judge in whose Court they exercise jurisdiction, and the
Judges Sessions Judge may, from time to time, make rules or give special
orders consistent with this Code as the distribution of business
among such joint Sessions Judges.

(2)The Sessions 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 Joint Sessions Judge and
such Judge shall have jurisdiction to deal with any such application.]
 D.-Courts of Metropolitan Magistrates

Appointment 18. 28[(1) In every Metropolitan Area, the Chief Metropolitan

of
Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other
Magistrates Metropolitan Magistrates shall be appointed from among the
persons employed in the Bangladesh judicial Service.]

(2) The Government may appoint one or more Additional Chief

Metropolitan Magistrates, and such Additional Chief Metropolitan
Magistrates shall have all or any of the powers of the Chief
Metropolitan Magistrate under this Code or under any other law for
the time being in force, as the Government may direct.
29 [***]

Benches 19. Any two or more of Metropolitan Magistrates may, subject to the
rules made by the Chief Metropolitan Magistrate, sit together as
Bench.

Local 20. Every Metropolitan Magistrate shall exercise juris-diction in all

limits of
jurisdiction places within 30[a] Metropolitan Area for which he is appointed.

Chief 21.(1) The Chief Metropolitan Magistrate shall exercise within the
Metropolitan
Magistrate local limits of his jurisdiction all the powers 31[conferred on him or on
a Metropolitan Magistrate under this Code, or under any law for the

time being in force] and may, from time to time, with the previous
sanction of the Government, make rules consistent with this Code to
regulate-

(a) the conduct and distribution of business and the practice in the
Courts of Metropolitan Magistrates;

(b) the constitution of Benches of Metropolitan Magistrates;

 (c) the times and places at which such Benches shall sit;

(d) the mode of settling differences of opinion which may arise

between Metropolitan Magistrates in session; and

(e) any other matter which could be dealt with by a 32 [Chief Judicial

Magistrate] under his general powers of control over the Magistrates

subordinate to him.
33
[ *** ]

E.-Justices of the Peace

Justice of 22. 34 [The Government] may, by notification in the official Gazette,

the peace
for the appoint such persons resident within Bangladesh and not being the
mafassal subjects of any foreign State as it thinks fit to be Justices of the
Peace within and for the local area mentioned in such notification.

Repealed 23 and 24. [Repealed by section 4 of the Criminal Law Amendment

Act, 1923 (Act No. XII of 1923).]

Ex-officio 25. In virtue of their respective offices, the Judges of the 35[Supreme
Justices
of the Court] are Justices of the Peace within and for of the whole of
Peace. Bangladesh, Sessions Judges, 36 [Chief Judicial Magistrate] and
Metropolitan Magistrates] are Justices of the Peace within 37 [their

respective jurisdictions].

F.-Suspension and Removal

Repealed 26 and 27. [Repealed by the Government of India (Adaptation of

Indian Laws) Order, 1937.]

CHAPTER III
POWERS OF COURTS
 A.-Description of Offences cognizable by each Court

Offences 28. Subject to the other provisions of this Code any offence under
under
Penal the Penal Code may be tried-
Code (a) by the High Court Division, or

(b) by the Court of Session, or

(c) by any other Court by which such offence is shown in the eighth
column of the second schedule to be triable.

Illustration

A is 38 [tried by] the Sessions Court on a charge of culpable

homicide. He may be convicted of voluntarily causing hurt, an

offence triable by a Magistrate.

Offences 29.(1) Subject to the other provisions of this Code, any offence
under
other laws under any other law shall, when any Court is mentioned in this
behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried 39

[* * *] subject
as aforesaid by any Court constituted under this Code by which
such offence is shown in the eighth column of the second schedule
to be triable.

Omitted 29A. [Omitted by the Criminal Law (Extinction of Discriminatory

Privileges) Act, 1949 (Act No. II of 1950).]

Jurisdiction 40 [29B. Any offence, other than one punishable with death or
in the case
of transportation for life, committed by any person who at the date
juveniles when he appears or is brought before the Court is under the age of
fifteen years, may be tried by 41
[Chief Judicial Magistrate] 42
[or the
Chief Metropolitan Magistrate], or by any Magistrate specially
empowered by the Government to exercise the powers conferred by
 43 [or under any law] providing for the custody, trial or punishment of
youthful offenders, by any Magistrate empowered by or under such

law to exercise all or any of the powers conferred thereby.]

Offences 44 [29C. Notwithstanding anything contained in section 29, the

not
punishable Government may 45[in consultation with the High Court Division]-
with death (a) invest the 46 [Chief Metropolitan Magistrate,] 47 [Chief Judicial

Magistrate or any Additional Chief Judicial Magistrate] with power to

try as a Magistrate all offences not punishable with death;

(b) invest 48
[Metropolition Magistrate or] any Magistrate of the first
class with power to try as a Magistrate all offences not punishable
with death or with transportation or with imprisonment for a term
exceeding ten years.]

Omitted 30. [Omitted by section 2 and Schedule of the Law Reforms

Ordinance, 1978 (Ordinance No. XLIX of 1978).]

B.-Sentences which may be passed by courts of various Classes

Sentences 31.(1) 49
[The High Court Division] may pass any sentence
which
High Court authorized by law.
Division (2) A Sessions Judge or Additional Sessions Judge may pass any
and
Sessions sentence authorized by law; but any sentence of death passed by
Judges any such Judge shall be subject to confirmation by the High Court
may pass
Division.

(3) A 50 [Joint ] Sessions Judge may pass any sentence authorized

by law, except a sentence of death or of transportation for a term

exceeding 51
[ten] years or of imprisonment for a term exceeding
252[ten] years.
53 [***]
Sentences 32.(1) The Courts of Magistrates may pass the following sentences
which
Magistrates namely:-
may pass (a) Courts 54 [of Metropolitan Magistrates and] of Magistrates of the
first class: Imprisonment for a term not exceeding 55 [five years],

including such solitary confinement as is authorized by law;

Fine not exceeding 56[ten thousand taka]; Whipping.

(b) Courts of Magistrates of the second class: Imprisonment for a

term not exceeding 57 [three years], including such solitary
confinement as is authorized by law;

Fine not exceeding 58[five thousand taka];

(c) Courts of Magistrates of the third class: Imprisonment for a term

not exceeding 59[two year];

Fine not exceeding 60[two thousand taka].

(2) The Court of any Magistrate may pass any lawful sentence,
combining any of the sentences which it is authorized by law to
pass.

Power of 33.(1) The Court of any Magistrate may award such terms of
Magistrates
to imprisonment in default of payment of fine as is authorized by law in
sentence case of such default:
to
imprisonment
in default
of fine

Proviso as Provided that-

to certain
cases (a) the term is not in excess of the Magistrate's powers under this
Code;

(b) in any case decided by a Magistrate where imprisonment has

been awarded as part of the substantive sentence, the period of
 imprisonment awarded in default of payment of the fine shall not
exceed one-fourth of the period of imprisonment which such

Magistrate is competent to inflict as punishment for the offence

otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition

to a substantive sentence of imprisonment for the maximum term
awardable by the Magistrate under section 32.

Higher 61
[33A. The Court of a Magistrate, specially empowered under
powers of
certain section 29C, may pass any sentence authorized by law, except a
Magistrates sentence of death or of transportation or imprisonment for a term
exceeding seven years.]

Omitted 34. [Omitted by section 2 and Schedule of the Law Reforms

Ordinance, 1978 (Ordinance No. XLIX of 1978).]

Omitted 34A. [Omitted by Schedule of the Criminal Law (Extinction of

Discriminatory Privileges) Act, 1949 (Act No. II of 1950).]

B.-Sentences which may be passed by courts of various Classes

Sentence 35.(1) When a person is convicted at one trial of two or more

in cases of
conviction offences, the Court may, subject to the provisions of section 71
of several of the Penal Code sentence him, for such offences, to the
offences
several punishments prescribed therefor which such Court is
at one trial
Maximum competent to inflict; such punishments, when consisting of
term of
imprisonment or transportation to commence the one after the
punishment
expiration of the other in such order as the Court may direct,

unless the Court directs that such punishments shall run

concurrently.
 (2) In the case of consecutive sentences, it shall not be
necessary for the Court, by reason only of the aggregate

punishment for the several offences being in excess of the

punishment which it is competent to inflict on conviction of a
single offence, to send the offender for trial before a higher
Court:

Provided as follows:-

(a) in no case shall such person be sentenced to imprisonment

for a longer period than fourteen years;

(b) if the case is tried by a Magistrate 62 [* * *], the aggregate

punishment shall not exceed twice the amount of punishment
which he is, in the exercise of his ordinary jurisdiction,

competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive

sentences passed under this section in case of convictions for

several offences at one trial shall be deemed to be a single

sentence.

B.-Sentences which may be passed by courts of various Classes

Deduction 63 [35A.(1) Except in the case of an offence punishable only with

of
imprisonment death, when any court finds an accused guilty of an offence and,
in cases upon conviction, sentences such accused to any term of
where
imprisonment, simple or rigorous, it shall deduct from the sentence
convicts
may have of imprisonment, the total period the accused may have been in
been in
custody in the meantime, in connection with that offence.
custody
(2) If the total period of custody prior to conviction referred to in sub-
section (1) is longer than the period of imprisonment to which the
 accused is sentenced, the accused shall be deemed to have served
out the sentence of imprisonment and shall be released at once, if in

custody, unless required to be detained in connection with any other

offence; and if the accused is also sentenced to pay any fine in
addition to such sentence, the fine shall stand remitted.]

C.-Ordinary and Additional Powers

Ordinary 36. All 64

[Judicial and Executive Magistrate] have the powers
powers of
Magistrates hereinafter respectively conferred upon them and specified in the
third schedule. Such powers are called their "ordinary powers".

Additional 65
[37. In addition to his ordinary powers, any Judicial or Executive
powers
conferrable Magistrate may be invested by the Government or the Chief Judicial
on Magistrate or the District Magistrate, as the case may be, with any
Magistrates.
powers specified in the schedule IV:

Provided that, the Government may authorize a District Magistrate

to invest any Executive Magistrate subordinate to him with any of its
powers specified in the schedule IV:

Provided further that any Judicial Magistrate may be invested with

such additional powers in consultation with the High Court Division.]

Control of 38. The power conferred on the District Magistrate by section 37

District
Magistrates shall be exercised subject to the control of the Government.
investing
power

D.-Conferment, Continuance and Cancellation of Powers

Mode of 39.(1) In conferring powers under this Code the Government

conferring
powers may by order, empower persons specially by name or in virtue
of their office or classes of officials generally by their official
 titles.

(2) Every such order shall take effect from the date on which it
is communicated to the person so empowered.

Powers of 40. Whenever any person holding an office in the service of

officers
appointed Government who has been invested with any powers under this
Code throughout any local area is appointed to an equal or

higher office of the same nature, within a like local area 66

[***],
he shall, unless the Government otherwise directs, or has
otherwise directed, exercise the same powers in the local area
in which he is so appointed.

Withdrawal 67
[41.(1)The Government may withdraw all or any of the powers
of powers.
conferred under this Code on any person by it or by any officer
subordinate to it:

Provided that where the conferring of a power is, under this

code, required to be made in consultation with the High Court
Division, the withdrawal thereof shall be made in consultation
with that Court.

(2) Any powers conferred by the Chief Judicial Magistrate or the

District Magistrate may be withdrawn by the chief Judicial
Magistrate or the District Magistrate respectively.]

PART III
GENERAL PROVISIONS

CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND
PERSONS MAKING ARRESTS
Public 42. Every person is bound to assist 68 [any Magistrate whether
when to
assist Judicial or Executive] or police officer reasonably demanding his
aid,-

(a) in the taking or preventing the escape of any other person whom
such Magistrate or police-officer is authorized to arrest;

(b) in the prevention or suppression of a breach of the peace, or in

the prevention of any injury attempted to be committed to any
railway, canal, telegraph or public property.

Aid to 43. When a warrant is directed to a person other than a police-

person,
other than officer, any other person may aid in the execution of such warrant, if
police- the person to whom the warrant is directed be near at hand and
officer,
acting in the execution of the warrant.
executing
warrant

Public to 44.(1) Every person, aware of the commission of, or of the intention
give
information of any other person to commit any offence punishable under any of
of certain the following sections of the Penal Code (namely), 121, 121A, 122,
offences
123, 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148, 302, 303,
304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436,
449, 450, 456, 457, 458, 459 and 460, shall, in the absence of
reasonable excuse, the burden of proving which shall lie upon the
person so aware, forthwith give information to the nearest
Magistrate or police-officer of such commission or intention.

(2) For the purposes of this section the term "offence" includes any
act committed at any place out of Bangladesh which would
constitute an offence if committed in Bangladesh.

Village- 45.(1) Every village-headman, village-accountant, village watchman,

headmen,accountants,
landholders village police-officer, owner or occupier of land, and the agent of any
and others such owner or occupier in charge of the management of that land,
bound to
report and every officer employed in the collection of revenue or rent of
certain land on the part of the Government or the Court of Wards, shall
matters.
forthwith communicate to the nearest Magistrate or to the officer in
charge of the nearest police-station whichever is the nearer, any
information which he may possess respecting-

(a) the permanent or temporary residence of any notorious receiver

or vendor of stolen property in any village of which he is headman ,
accountant, watchman or police-officer, or in which he owns or
occupies land, or is agent, or collects revenue or rent;

(b) the resort to any place within, or the passage through, such
village of any person whom he knows, or reasonably suspects to be
a thug, robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village

any non-bailable offence or any offence punishable under section
143, 144, 145, 147, or 148 of the Penal Code;

(d) the occurrence in or near such village of any sudden or

unnatural death or of any death under suspicious circumstances; or
the discovery in or near such village of any corpse or part of a

corpse, in circumstances which lead to a reasonable suspicion that

such a death has occurred or the disappearance from such village
of any person in circumstances which lead to a reasonable
suspicion that a non-bailable offence has been committed in respect
of such person;

(e) the commission of, or intention to commit, at any place out of

Bangladesh near such village any act which, if committed in
Bangladesh, would be an offence punishable under any of the
following sections of the Penal Code, namely, 231, 232, 233, 234,
235, 236, 237, 238, 302, 304, 382, 392, 393, 394, 395, 396, 397,
 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B,
489C, and 489D;

(f) any matter likely to affect the maintenance of order or the

prevention of crime or the safety of person or property respecting
which the District Magistrate, by general or special order made with
the previous sanction of the Government, has directed him to
communicate information.

(2) In this section-

(i) "village" includes village-lands; and

(ii) the expression "proclaimed offender" includes any person

proclaimed as an offender by any Court or authority established or
continued by the Government in any part of Bangladesh, in respect
of any act which if committed in Bangladesh, would be punishable
under any of the following sections of the Penal Code, namely, 302,

304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436,
449, 450, 457, 458, 459 and 460.

Appointment (3) Subject to rules in this behalf to be made by the Government,

of village-
headman the District Magistrate 70
[***] may from time to time appoint one or
by District more persons with his or their consent to perform the duties of a
Magistrate
village-headman under this section whether a village-headman has
69
[***] in
certain or has not been appointed for that village under any other law.
cases for
purposes
of this
section

CHAPTER V
OF ARREST, ESCAPE AND RETAKING

A.-Arrest generally
Arrest 46.(1) In making an arrest the police-officer or other person making
how made
the same shall actually touch or confine the body of the person to be
arrested, unless there be a submission to the custody by word or
action.

Resisting (2) If such person forcibly resists the endeavor to arrest him, or
endeavour
to arrest attempts to evade the arrest, such police-officer or other person may
use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a

person who is not accused of an offence punishable with death or
with 71[transportation for life].

Search of 47. If any person acting under a warrant of arrest, or any police-
place
entered by officer having authority to arrest, has reason to believe that the
person person to be arrested has entered into, or is within, any place, the
sought to
person residing in, or being in charge of, such place shall, on
be
arrested demand of such person acting as aforesaid or such police-officer,
allow him free ingress thereto, and afford all reasonable facilities for
a search therein.

Procedure 48. If ingress to such place cannot be obtained under section 47 it

where
ingress shall be lawful in any case for a person acting under a warrant and
not in any case in which a warrant may issue, but cannot be obtained
obtainable
without affording the person to be arrested an opportunity of escape,
for a police-officer to enter such place and search therein, and in
order to effect an entrance into such place, to break open any outer
or inner door or window of any house or place, whether that of the

person to be arrested or of any other person, if after notification of

his authority and purpose, and demand of admittance duly made, he
cannot otherwise obtain admittance:
Breaking Provided that, if any such place is an apartment in the actual
open
zanana occupancy of a woman (not being the person to be arrested) who,
according to custom, does not appear in public such person or
police-officer shall, before entering such apartment, give notice to
such woman that she is at liberty to withdraw and shall afford her
every reasonable facility for withdrawing, and may then break open
the apartment and enter it.

Power to 49. Any police-officer or other person authorized to make an arrest

break
open may break open any outer or inner door or window of any house or
doors and place in order to liberate himself or any other person who, having
windows
lawfully entered for the purpose of making an arrest, is detained
for
purposes therein.
of
liberation

No 50. The person arrested shall not be subjected to more restraint

unnecessary
restraint than is necessary to prevent his escape.

Search of 51. Whenever a person is arrested by a police-officer under a

arrested
persons warrant which does not provide for the taking of bail, or under a
warrant which provides for the taking of bail but the person arrested
cannot furnish bail, and

Whenever a person is arrested without warrant, or by a private

person under a warrant, and cannot legally be admitted to bail, or is

unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private
person, the police-officer to whom he makes over the person

arrested, may search such person, and place in safe custody all
articles, other than necessary wearing-apparel, found upon him.
Mode of 52. Whenever it is necessary to cause a woman to be searched, the
searching
women search shall be made by another woman, with strict regard to
decency.

Power to 53. The officer or other person making any arrest under this Code
seize
offensive may take from the person arrested any offensive weapons which he
weapons has about his person, and shall deliver all weapons so taken to the
Court or officer before which or whom the officer or person making
the arrest is required by this Code to produce the person arrested.

B.-Arrest without Warrant

When 54.(1) Any police-officer may, without an order from a Magistrate

police may
arrest and without a warrant, arrest-
without firstly , any person who has been concerned in any cognizable
warrant
offence or against whom a reasonable complaint has been made or
credible information has been received, or a reasonable suspicion
exists of his having been so concerned;

secondly , any person having in his possession without lawful

excuse, the burden of proving which excuse shall lie on such
person, any implement of house breaking;

thirdly , any person who has been proclaimed as an offender either

under this Code or by order of the Government;

fourthly, any person in whose possession anything is found which

may reasonably be suspected to be stolen property and who may
reasonably be suspected of having committed an offence with

reference to such thing;

fifthly, any person who obstructs a police-officer while in the

execution of his duty, or who has escaped, or attempts to escape,
 from lawful custody;

sixthly, any person reasonably suspected of being a deserter from

the armed forces of Bangladesh 72[* * *];

seventhly , any person who has been concerned in, or against

whom a reasonable complaint has been made or credible
information has been received or a reasonable suspicion exists of
his having been concerned in, any act committed at any place out of
Bangladesh, which, if committed in Bangladesh, would have been
punishable as an offence, and for which he is, under any law
relating to extradition or under the Fugitive Offenders Act, 1881, or

otherwise, liable to be apprehended or detained in custody in

Bangladesh;

eighthly , any released convict committing a breach of any rule

made under section 565, sub-section (3);

ninthly, any person for whose arrest a requisition has been received

from another police-officer, provided that the requisition specifies the

person to be arrested and the offence or other cause for which the
arrest is to be made and it appears therefrom that the person might
lawfully be arrested without a warrant by the officer who issued the
requisition.

Arrest of 55.(1) Any officer in Charge of a police-station may, in like manner,

vagabonds,
habitual arrest or cause to be arrested-
robbers, (a) any person found taking precautions to conceal his presence
etc.
within the limits of such station, under circumstances which afford
reason to believe that he is taking such precautions with a view
committing a cognizable offence; or

(b) any person within the limits of such station who has no
ostensible means of subsistence, or who cannot give a satisfactory
 account of himself; or

(c) any person who is by repute an habitual robber, house-breaker

or thief, or an habitual receiver of stolen property knowing it to be

stolen, or who by repute habitually commits extortion or in order to

the committing of extortion habitually puts or attempts to put
persons in fear of injury.

Procedure 56.(1) When any officer in charge of a police-station or any police-

when
police- officer making an investigation under Chapter XIV requires any
officer officer subordinate to him to arrest without a warrant (otherwise than
deputes
in his presence) any person who may lawfully be arrested without a
subordinate
to arrest warrant, he shall deliver to the officer required to make the arrest an
without
order in writing, specifying the person to be arrested and the offence
warrant
or other cause for which the arrest is to be made. The officer so
required shall, before making the arrest, notify to the person to be

arrested the substance of the order and, if so required by such

person, shall show him the order.

Refusal to 57.(1) When any person who in the presence of a police-officer has
give name
and committed or has been accused of committing a non-cognizable
residence offence refuses, on demand of such officer, to give his name and
residence or gives a name or residence which such officer has
reason to believe to be false, he may be arrested by such officer in
order that his name or residence may be ascertained.

(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:

Provided that, if such person is not resident in Bangladesh, the bond

shall be secured by a surety or sureties resident in Bangladesh.

(3) Should the true name and residence of such person not be
 ascertained within twenty-four hours from the time of arrest or
should he fail to execute the bond, or, if so required, to furnish
sufficient sureties, he shall forthwith be forwarded to the nearest
Magistrate having jurisdiction.

Pursuit of 58. A police-officer may, for the purpose of arresting without warrant
offenders
into other any person whom he is authorized to arrest under this Chapter,
jurisdictions pursue such person into any place in Bangladesh.

Arrest by 59.(1) Any private person may arrest any person who in his view
private
persons commits a non-bailable and cognizable offence, or any proclaimed
and offender, and without unnecessary delay, shall make over any
procedure
person so arrested to a police-officer, or, in the absence of a police-
on such
arrest officer, take such person or cause him to be taken in custody to the
nearest police-station.

(2) If there is reason to believe that such person comes under the
provisions of section 54, a police-officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-

cognizable offence, and he refuses on the demand of a police-
officer to give his name and residence, or gives a name or residence
which such officer has reason to believe to be false, he shall be
dealt with under the provisions of section 57. If there is no sufficient
reason to believe that he has committed any offence, he shall be at
once released.

Person 60. A police-officer making an arrest without warrant shall, without

arrested to
be taken unnecessary delay and subject to the provisions herein contained
before as to bail, take or send the person arrested before a Magistrate
Magistrate
having jurisdiction in the case, or before the officer in charge of a
or officer
in charge police-station.
of police-
station

Person 61. No police-officer shall detain in custody a person arrested

arrested
not to be without warrant for a longer period than under all the circumstances
detained of the case is reasonable, and such period shall not, in the absence
more than
of a special order of a Magistrate under section 167, exceed twenty-
twenty-
four hours four hours exclusive of the time necessary for the journey from the

place of arrest to the Magistrate's Court.

Police to 62. Officers in charge of police-stations shall report 73[in 74[a]

report
apprehensions.Metropolitan Area, to the Chief Metropolitan Magistrate, and in other
areas, to the District Magistrate, 75
[and also to the Chief Judicial
Magistrate] the cases of all persons arrested without warrant, within
the limits of their respective stations, whether such persons have
been admitted to bail or otherwise.

Discharge 63. No person who has been arrested by a police-officer shall be

of person
apprehended discharged except on his own bond, or on bail, or under the special
order of a Magistrate.

Offence 64. When any offence is committed in the presence of a Magistrate

committed
in
76
[whether Executive or Judicial] within the local limits of his
Magistrate's jurisdiction, he may himself arrest or order any person to arrest the
presence
offender, and may thereupon, subject to the provisions herein
contained as to bail commit the offender to custody.

Arrest by 65. Any Magistrate 77[whether Executive or Judicial] may at any time
or in
presence arrest or direct the arrest, in his presence, within the local limits of
of his jurisdiction, of any person for whose arrest he is competent at
Magistrate.
the time and in the circumstances to issue a warrant.

Power, on 66. If a person in lawful custody escapes or is rescued, the person

escape, to from whose custody he escaped or was rescued may immediately
pursue
and retake pursue and arrest him in any place in Bangladesh.

Provisions 67. The provisions of sections 47, 48 and 49 shall apply to arrests
of
sections under section 66, although the person making any such arrest is not
47, 48 and acting under a warrant and is not a police-officer having authority to
49 to
arrest.
apply to
arrest
under
section 66

CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE

A.-Summons

Form of 68.(1) Every summons issued by a Court under this Code shall be in
summons
writing in duplicate, signed and sealed by the presiding officer of
such Court, or by such other officer as the 78 [Supreme Court] may,
from time to time, by rule, direct.

Summons (2) Such summons shall be served by a police-officer, or subject to

by whom
served such rules as the Government may prescribe in this behalf, by an
officer of the Court issuing it or other public servant.

Summons 69.(1) The summons shall, if practicable, be served personally on

how
served the person summoned, by delivering or tendering to him one of the
duplicates of the summons.

Signature (2) Every person on whom a summons is so served shall if so

of receipt
for required by the serving officer, sign a receipt therefor on the back of
summons the other duplicate.

(3) Service of a summons on an incorporated company or other

 body corporate may be effected by serving it on the secretary, local

manager or other principal officer of the corporation or by registered

post letter addressed to the chief officer of the corporation in
Bangladesh. In such case the service shall be deemed to have been
effected when the letter would arrive in ordinary course of post.

Service 70. Where the person summoned cannot by the exercise of due
when
person diligence be found, the summons may be served by leaving one of
summoned the duplicates for him with some adult male member of his family,
cannot be
and the person with whom the summons is so left shall, if so
found
required by the serving officer, sign a receipt therefore on the back
of the other duplicate.

Procedure 71. If service in the manner mentioned in sections 69 and 70 cannot

when
service by the exercise of due diligence be effected, the serving officer shall
cannot be affix one of the duplicates of the summons to some conspicuous
effected
part of the house or homestead in which the person summoned
as before
provided ordinarily resides; and thereupon the summons shall be deemed to
have been duly served.

Service on 72.(1) Where the person summoned is in the active service of the
servant of
Republic
79
[Republic], the Court issuing the summons shall ordinarily send it
in duplicate to the head of the office in which such person is
employed; and such head shall thereupon cause the summons to
be served in manner provided by section 69, and shall return it to
the Court under his signature with the endorsement required by that
section.

(2) Such signature shall be evidence of due service.

Service of 73. When a Court desires that a summons issued by it shall be

summons
outside served at any place outside the local limits of its jurisdiction, it shall
local limits ordinarily send such summons in duplicate to a Magistrate within the
local limits of whose jurisdiction the person summoned resides or is,
to be there served.

Proof of 74.(1) When a summons issued by a Court is served outside the

service in
such local limits of its jurisdiction, and in any case where the officer who
cases and has served a summons is not present at the hearing of the case, an
when
affidavit, purporting to be made before a Magistrate, that such
serving
officer not summons has been served, and a duplicate of the summons
present
purporting to be endorsed (in manner provided by section 69 or
section 70) by the person to whom it was delivered or tendered or
with whom it was left, shall be admissible in evidence, and the
statements made therein shall be deemed to be correct unless and
until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the

duplicate of the summons and returned to the Court.

B.-Warrant of Arrest

Form of 75.(1) Every warrant of arrest issued by a Court under this Code
warrant of
arrest shall be in writing, signed by the presiding officer, or in the case of a
Continuance Bench of Magistrates, by any member of such Bench, and shall
of warrant
bear the seal of the Court.
of arrest
(2) Every such warrant shall remain in force until it is cancelled by
the Court which issued it, or until it is executed.

Court may 76.(1) Any Court issuing a warrant for the arrest of any person may
direct
security to in its discretion direct by endorsement on the warrant that, if such
be taken person executes a bond with sufficient sureties for his attendance
before the Court at a specified time and thereafter until otherwise
directed by the Court, the officer to whom the warrant is directed
 shall take such security and shall release such person from custody.

(2) The endorsement shall state-

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the
warrant is issued, are to be respectively bound; and

(c) the time at which he is to attend before the Court.

Recognizance (3) Whenever security is taken under this section the officer to
to be
forwarded whom the warrant is directed shall forward the bond to the Court.

Warrants 77.(1) A warrant of arrest shall ordinarily be directed to one or more

to whom
directed police-officers, 80
[and, when issued by a Metropolitan Magistrate,
shall always be so directed; but any other Court] issuing such a
warrant may, if its immediate execution is necessary and no police-
officer is immediately available, direct it to any other person or
persons; and such person or persons shall execute the same.

Warrants (2) When a warrant is directed to more officers or persons than one,
to several
persons it may be executed by all, or by any one or more, of them.

Warrant 78.(1) 81
[Magistrate of the first class] may direct a warrant to any
may be
directed to landholder, farmer or manager of land within his 82 [local Jurisdiction]
landholders, for the arrest of any escaped convict, proclaimed offender or person
etc.
who has been accused of a non-bailable offence, and who has

eluded pursuit.

(2) Such landholder, farmer or manager shall acknowledge in writing

the receipt of the warrant, and shall execute it if the person for
whose arrest it was issued, is in, or enters on, his land or farm, or
the land under his charge.

(3) When the person against whom such warrant is issued is

 arrested, he shall be made over with the warrant to the nearest
police-officer, who shall cause him to be taken before a Magistrate
having jurisdiction in the case, unless security is taken under section
76.

Warrant 79. A warrant directed to any police-officer may also be executed by

directed to
police- any other police-officer whose name is endorsed upon the warrant
officer by the officer to whom it is directed or endorsed.

Notification 80. The police-officer or other person executing a warrant of arrest

of
substance shall notify the substance thereof to the person to be arrested, and,
of warrant if so require, shall show him the warrant.

Person 81. The police-officer or other person executing a warrant of arrest

arrested to
be shall (subject to the provisions of section 76 as to security) without
brought unnecessary delay bring the person arrested before the Court
before
before which he is required by law to produce such person.
Court
without
delay

Where 82. A warrant of arrest may be executed at any place in

warrant
may be Bangladesh.
executed

Warrant 83.(1) When a warrant is to be executed outside the local limits of

forwarded
for the jurisdiction of the Court issuing the same, such Court may,
execution instead of directing such warrant to a police-officer, forward the
outside
same by post or otherwise to any 83
[Executive Magistrate or District
jurisdiction
Superintendent of police] 84
[or, the Police Commissioner in 85
[a
Metropolitan Area]] within the local limits of whose jurisdiction it is to
be executed.

(2) The Magistrate or District Superintendent 86

[or Police
 Commissioner] to whom such warrant is so forwarded shall endorse

his name thereon and, if practicable, cause it to be executed in

manner hereinbefore provided within the local limits of his
jurisdiction.

Warrant 84.(1) When a warrant directed to a police-officer is to be executed

directed to
police- beyond the local limits of the jurisdiction of the Court issuing the
officer for same, he shall ordinarily take it for endorsement either to 87
[an
execution
Executive Magistrate] or to a police-officer not below the rank of an
outside
jurisdiction officer in charge of a station, within the local limits of whose
jurisdiction the warrant is to be executed.

(2) Such Magistrate or police-officer shall endorse his name thereon

and such endorsement shall be sufficient authority to the police-
officer to whom the warrant is directed to execute the same within
such limits, and the local police shall, if so required, assist such
officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned

by obtaining the endorsement of the Magistrate or police-officer

within the local limits of whose jurisdiction the warrant is to be

executed, will prevent such execution, the police-officer to whom it is
directed may execute the same without such endorsement in any
place beyond the local limits of the jurisdiction of the Court which
issued it.

Procedure 85. When a warrant of arrest is executed outside the district in which
on arrest
of person it was issued, the person arrested shall, unless the Court which
against issued the warrant is within twenty miles of the place of arrest or is
whom
nearer than 88[the Executive Magistrate] or District Superintendent of
warrant
issued Police 89 [or the Police Commissioner in 90 [a Metropolitan Area]]
within the local limits of whose jurisdiction the arrest was made, or
 unless security is taken under section 76, be taken before such
Magistrate or 91
[Police Commissioner or District Superintendent of
Police].

Procedure 86.(1) 92
[Such Executive Magistrate or] 93
[District Superintendent of
by
Magistrate Police] 394[or Police Commissioner] shall, if the person arrested
before appears to be the person intended by the Court which issued the
whom
warrant, direct his removal in custody to such Court:
person
arrested is Provided that, if the offence is bailable, and such person is ready
brought.
and willing to give bail to the satisfaction of such Magistrate,
95 [District Superintendent of Police] 396[or Police Commissioner] or a

direction has been endorsed under section 76 on the warrant and

such person is ready and willing to give the security required by
such direction the Magistrate, 97
[District Superintendent of Police]
398[or Police Commissioner] shall take such bail or security, as the
case may be, and forward the bond to the Court which issued the
warrant 99[:

Provided further that, if the offence is a non-bailable offence or no

direction has been endorsed under section 76 on the warrant, the
Sessions Judge or The Metropolitan Sessions Judge, the Chief
Judicial Magistrate or the Chief Metropolitan Magistrate or a
Magistrate of the first class Specially empowered in this behalf, in
whose local jurisdiction the person is arrested, may, subject to the

provisions of section 497 and for reasons to be recorded in writing,

release the person on an interim bail on such bond or security as
the Judge or the Magistrate thinks fit and direct the person to
appear by a specified date before the Court which issued the
warrant and forward the bond to that Court.]

(2) Nothing in this section shall be deemed to prevent a police-

 officer from taking security under section 76.

C.-Proclamation and Attachment

Proclamation 87.(1) If any Court has reason to believe (whether after taking
for person
absconding evidence or not) that any person against whom a warrant has been
issued by it has absconded or is concealing himself so that such

warrant cannot be executed, such Court may publish a written

proclamation requiring him to appear at a specified place and at a
specified time not less than thirty days from the date of publishing
such proclamation.

(2) The proclamation shall be published as follows:-

(a) it shall be publicly read in some conspicuous place of the town or

village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or

homestead in which such person ordinarily resides or to some
conspicuous place of such town or village; and

(c) a copy thereof shall be affixed to some conspicuous part of the

Court-house.

(3) A statement in writing by the Court issuing the proclamation to

the effect that the proclamation was duly published on a specified
day shall be conclusive evidence that the requirements of this
section have been complied with, and that the proclamation was
published on such day.

Attachment 88.(1) The Court issuing a proclamation under section 87 may at

of
property any time order the attachment of any property, movable or
of person immovable, or both, belonging to the proclaimed person.
absconding
(2) Such order shall authorize the attachment of any property
belonging to such person within the 100
[local area] in which it is
made; and it shall authorize the attachment of any property
belonging to such person without such 101
[local area] when
endorsed by the District Magistrate 102
[Chief Judicial Magistrate]
103 [or Chief Metropolitan Magistrate] within whose 104 [local area]
such property is situate.

(3) If the property ordered to be attached is a debt or other movable

property, the attachment under this section shall be made-

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to

the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the

attachment under this section shall, in the case of land paying
revenue to the Government, be made through the Collector of the
district in which the land is situate, and in all other cases-

(e) by taking possession; or

(f) by the appointment of a receiver; or

(g) by an order in writing prohibiting the payment of rent or delivery

of property to the proclaimed person or to any one on his behalf; or

(h) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is

of a perishable nature, the Court may, if it thinks it expedient, order

immediate sale thereof, and in such case the proceeds of the sale
shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under

this section shall be the same as those of a receiver appointed
under 105
[Order XL of the First Schedule to the Code of Civil
Procedure, 1908].

(6A) If any claim is preferred to, or objection made to the attachment

of, any property attached under this section within six months from
the date of such attachment, by any person other than the

proclaimed person, on the ground that the claimant or objector has

an interest in such property, and that such interest is not liable to
attachment under this section, the claim or objection shall be
inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the

period allowed by this sub-section may, in the event of the death of
the claimant or objector, be continued by his legal representative.

(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, 106[Chief Judicial Magistrate]
107 [or Chief Metropolitan Magistrate] in accordance with the
provisions of sub-section (2), in the Court of such Magistrate.

(6C) 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 108

[ Chief
Judicial Magistrate] 1109[or Chief Metropolitan Magistrate] such
Magistrate may make it over for disposal to any Magistrate 110 [***]
[or to any Metropolitan Magistrate, as the case may be] subordinate

to him.

(6D) Any person whose claim or objection has been disallowed in

whole or in part by an order under sub-section (6A) may, within a

period of one year from the date of such order, institute a suit to
establish the right which he claims in respect of the property in
dispute; but subject to the result of such suit, if any, the order shall
 be conclusive.

(6E) If the proclaimed person appears within the time specified in

the proclamation, the Court shall make an order releasing the
property from the attachment.

(7) If the proclaimed person does not appear within the time
specified in the proclamation, the property under attachment shall
be at the disposal of the Government, but it shall not be sold until
the expiration of six months from the date of the attachment and
until any claim preferred or objection made under sub-section (6A)
has been disposed of under that sub-section, unless it is subject to
speedy and natural decay, or the Court considers that the sale
would be for the benefit of the owner, in either of which cases the
Court may cause it to be sold whenever it thinks fit.

Restoration 89. If, within two years from the date of the attachment any person
of
attached whose property is or has been at the disposal of the Government,
property under sub-section (7) of section 88, appears voluntarily or is
apprehended and brought before the Court by whose order the
property was attached, or the Court to which such Court is
subordinate, and proves to the satisfaction of such Court that he did
not abscond or conceal himself for the purpose of avoiding
execution of the warrant, and that he had not such notice of the
proclamation as to enable him to attend within the time specified
therein, such property, or, if the same has been sold, the nett
proceeds of the sale, or, if part only thereof has been sold, the nett
proceeds of the sale and the residue of the property, shall, after
satisfying thereout all costs incurred in consequence of the
attachment, be delivered to him.

D.-Other Rules regarding Processes

Issue of 90. A Court may, in any case in which it is empowered by this Code
warrant in
lieu of, or to issue a summons for the appearance of any person 111 [* * *]
in addition issue, after recording its reasons in writing, a warrant for his arrest-
to,
summons (a) if, either before the issue of such summons, or after the issue of
the same but before the time fixed for his appearance, the Court
sees reason to believe that he has absconded or will not obey the

summons; or

(b) if at such time he fails to appear and the summons is proved to

have been duly served in time to admit of his appearing in

accordance therewith and no reasonable excuse is offered for such
failure.

Power to 91. When any person for whose appearance or arrest the officer
take bond
for presiding in any Court is empowered to issue a summons or
appearance warrant, is present in such Court, such officer may require such
person to execute a bond, with or without sureties, for his
appearance in such Court.

Arrest by 92. When any person who is bound by any bond taken under this
breach of
bond for Code to appear before a Court, does not so appear, the officer
appearance presiding in such Court, may issue a warrant directing that such
person be arrested and produced before him.

Provisions 93. The provisions contained in this Chapter relating to a summons

of this
Chapter and warrant, and their issue, service and execution, shall so far as
generally may be, apply to every summons and every warrant of arrest issued
applicable
under this Code.
to
summonses
and
warrants
of arrest
 E.-Special Rules regarding processes issued for service or execution

Sending of 93A.(1) Where a Court in Bangladesh desires that asummons

summons
for service issued by it to an accused person shall be served at any place
outside outside Bangladesh within the local limits of the jurisdiction of a
Bangladesh
Court established or continued by the authority of the Government
in exercise of its foreign jurisdiction, it shall send such summons, in
duplicate, by post or otherwise, to the presiding officer of that Court

to be served.

(2) The provisions of section 74 shall apply in the case of a

summons sent for service under this section as if the presiding

officer of the Court to whom it was sent were a Magistrate in

Bangladesh.

Sending of 93B. Notwithstanding anything contained in section 82, where a

warrants
for Court in Bangladesh desires that a warrant issued by it for the arrest
execution of an accused person shall be executed at any place outside
outside
Bangladesh within the local limits of the jurisdiction of a Court
Bangladesh
established or continued by the authority of the Government in
exercise of its foreign jurisdiction, it may send such warrant, by post
or otherwise, to the presiding officer of that Court to be executed.

Service 93C.(1) Where a Court has received for service or execution a

and
execution summons to, or a warrant for the arrest of, an accused person
in issued by a Court established or continued by the authority of the
Bangladesh
Government in exercise of its foreign jurisdiction, outside
of
processes Bangladesh it shall cause the same to be served or executed as if it
received
were a summons or warrant received by it from a Court in
from
outside Bangladesh for service or execution within the local limits of its
Bangladesh
jurisdiction.
 (2) Where any warrant of arrest has been so executed the person
arrested shall so far as possible be dealt with in accordance with the
procedure prescribed by sections 85 and 86.]

CHAPTER VII
OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND
OTHER MOVABLE PROPERTY, AND FOR THE DISCOVERY OF PERSONS
WRONGFULLY CONFINED

A.-Summons

Summons 94.(1) Whenever any Court, or any officer in charge of a police-

to produce
document station considers that the production of any document or other thing
or other is necessary or desirable for the purposes of any investigation,
thing
inquiry, trial or other proceeding under this Code by or before such
Court or officer, such Court may issue a summons, or such officer a
written order, to the person in whose possession or power such
document or thing is believed to be, requiring him to attend and
produce it, or to produce it, at the time and place stated in the
summons or order:

Provided that no such officer shall issue any such order requiring
the production of any document or other thing which is in the
custody of a bank or banker as defined in the Bankers' Books
Evidence Act, 1891 (Act No. XVIII of 1891), and relates, or might
disclose any information which relates, to the bank account of any

person except,-

(a) for the purpose of investigating an offence under sections 403,

406, 408 and 409 and sections 421 to 424 (both inclusive) and
sections 465 to 477A (both inclusive) of the Penal Code, with the
prior permission in writing of a Sessions Judge; and

(b) in other cases, with the prior permission in writing of the High
 Court Division.

(2) Any person required under this section merely to produce a

document or other thing shall be deemed to have complied with the
requisition if he causes such document or thing to be produced
instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed to affect the Evidence

Act, 1872, sections 123 and 124, or to apply to a letter, postcard,
telegram or other document or any parcel or thing in the custody of
the Postal or Telegraph authorities.

Procedure 95.(1) If any document, parcel or thing in such custody is, in the
as to
letters and opinion of any District Magistrate, 112
[Chief Judicial Magistrate]
telegrams 113
[Chief Metropolitan Magistrate] High Court Division or Court of
Session, wanted for the purpose of any investigation, inquiry, trial or
other 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.

(2) If any such document, parcel or thing is, in the opinion of any
114 [other Magistrate, whether Executive or Judicial] 115 [Police
Commissioner] 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, 116 [Chief Judicial Magistrate], [Chief Metropolitan
Magistrate] or Court.

B.-Search-warrants

When 96.(1) Where any Court has reason to believe that a person to
search-
warrant whom a summons or order under section 94 or a requisition under
may be
issued section 95, sub-section (1), has been or might be addressed, will not
or would not produce the document or thing as required by such
summons or requisition,

or where such document or thing is not known to the Court to be in

the possession of any person,

or where the Court considers that the purposes of any inquiry, trial
or other proceeding under this Code will be served by a general
search or inspection,

it may issue a search-warrant; and the person to whom such

warrant is directed, may search or inspect in accordance therewith
and the provisions hereinafter contained.

(2) Nothing herein contained shall authorize any Magistrate other

than a District Magistrate, 117 [Chief Judicial Magistrate, as the case
may be] [or Chief Metropolitan Magistrate] to grant a warrant to
search for a document, parcel or other thing in the custody of the
Postal or Telegraph authorities.

Power to 97. The Court may, if it thinks fit, specify in the warrant the particular
restrict
warrant place or part thereof to which only the search or inspection shall
extend; and the person charged with the execution of such warrant
shall then search or inspect only the place or part so specified.

Search of 98.(1) If a District Magistrate,118[or an Executive Magistrate specially

house
empowered by the Government in this behalf,] upon information and
after such inquiry as he thinks necessary, has reason to believe that
any place is used for the deposit or sale of stolen property,

or for the deposit or sale or manufacture of forged documents, false

seals or counterfeit stamps or coin, or instruments or materials for
counterfeiting coin or stamps or for forging,

or that any forged documents, false seals or counterfeit 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, 119 [or an Executive Magistrate specially

empowered by the Government in this behalf,] upon information and

after such inquiry as he 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
Penal Code or that any such obscene objects are kept or deposited
in any place; he may by his warrant authorize any police-officer
above the rank of a constable-

(a) to enter, with such assistance as may be required, such place,

and

(b) to search the same in manner specified in the warrant, and

(c) to take possession of any property, documents, 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, documents,
 seals, stamps, coins, instruments or materials or such obscene
objects knowing or having reasonable cause to suspect the said
property to have been stolen or otherwise unlawfully 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 provisions of this section with respect to-

(a) counterfeit coin,

(b) coin suspected to be counterfeit, and

(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 Tokens Act,

1889, or brought into Bangladesh in contravention of any notification
for the time being in force under 120 [section 16 of the Customs Act,
1969],

(b) pieces of metal suspected to have been so made or to have

been so brought into Bangladesh or to be intended to be issued in
contravention of the former of those Acts, and

(c) instruments or materials for making pieces of metal in

contravention of that Act.

Disposal 99. When, in the execution of a search-warrant at any place beyond

of things
found in the local limits of the jurisdiction of the Court which issued the same,
search any of the things for which search is made, are found, such things,
beyond
together with the list of the same prepared under the provisions
jurisdiction
hereinafter contained, shall be immediately taken before the Court
 issuing the warrant, unless such place is nearer to the Magistrate
having jurisdiction therein than to such Court, in which case the list
and things shall be immediately taken before such Magistrate; and,
unless there be good cause to the contrary, such Magistrate shall
make an order authorizing them to be taken to such Court.

Power to 121
[ 122
[99A.(1) Where any newspaper, or book or any document
declare
certain wherever printed, appears to the Government to contain-
publications (a) any matter the publication of which is punishable under section
forfeited
and to 123A or section 124A or section 153A or section 292 or section
issue 295A or section 505 or section 505A of the Penal Code (Act XLV of
search
warrants 1860), or
for the (b) any matter which is defamatory of the President of Bangladesh,
same
123
[***], the Prime Minister of the Government, the Speaker of
Parliament or the Chief Justice of Bangladesh, or

(c) any matter which is grossly in-docent or is scurrilous or obscene,

or

(d) any words or visible representations which incite, or which are

likely to incite, any person or class of persons to commit any
cognizable offence,

the Government may, by notification in the official Gazette, stating

the grounds of its opinion, declare every copy of the issue of the
newspaper containing such matter, words or visible representations,
and every copy of such book or other document to be forfeited to
Government, and thereupon any police-officer may seize the same
wherever found in Bangladesh and any Magistrate may by warrant
authorise any police-officer not below the rank of sub-inspector to
enter upon and search for the same in any premises where any
copy of such issue or any such book or other document may be or
 may be reasonably suspected to be.

(2) In sub-section (1), "newspaper", "book" and "document" have the

same meaning as in the Printing Presses and Publications
(Declaration and Registration) Act, 1973 (XXIII of 1973).]

Application 99B. Any person having any interest in any newspaper, book or
to High
Court other document, in respect of which an order of forfeiture has been
Division to made under section 99A, may, within two months from the date of
set aside
such order, apply to the High Court Division to set aside such order
order of
forfeiture on the ground that the issue of the newspaper, or the book or other
document, in respect of which the order was made, did not contain
124 [any such matter, word or visible representation,] as is referred to

in sub-section (1) of section 99A.

Hearing by 99C. Every such application shall be heard and determined by a

Special
Bench Special Bench of the High Court Division composed of three
Judges.

Order of 99D.(1) On receipt of the application, the Special bench shall, if it is

Special
Bench not satisfied that the issue of the newspaper, or the book or other
setting document, in respect of which the application has been made,
aside
contained 125
[any such matter, word or visible representation] as is
forfeiture
referred to in sub-section (1) of section 99A, set aside the order of
forfeiture.

(2) Where there is a difference of opinion among the judges forming

the Special Bench the decision shall be in accordance with the
opinion of the majority of those Judges.

Evidence 99E. On the hearing of any such application with reference to any
to prove
nature or newspaper, any copy of such newspaper may be given in evidence
tendency in aid or the proof of the nature or tendency of the words, signs or
of visible representations contained in such newspaper in respect of
newspapers
which the order of forfeiture was made.

Procedure 99F. 126 [The Supreme Court] shall, as soon as conveniently may be,
in High
Court frame rules to regulate the procedure in the case of such
Division applications, the amount of the costs thereof and the execution of
orders passed thereon, and until such rules are framed, the practice
of such Courts in proceedings other than suits and appeals shall
apply, so far as may be practicable, to such applications.

Jurisdiction 99G. No order passed or action taken under section 99A shall be
barred
called in question in any Court otherwise than in accordance with
the provisions of section 99B.]

C.-Discovery of Persons Wrongfully Confined

Search for 100. If any 127

[Metropolitan Magistrate], Magistrate of the first class
persons
wrongfully or 128
[or an Executive Magistrate] has reason to believe that any
confined. person is confined under such circumstances that the confinement
amounts to an offence, he may issue a search- warrant, and the
person to whom such warrant is directed may search for the person
so confined; and such search shall be made in accordance
therewith, and the person, if found, shall be immediately taken
before a Magistrate, who shall make such order as in the
circumstances of the case seems proper.

D.-General Provisions Relating to Searches

Direction, 101. The provisions of sections 43, 75, 77, 79, 82, 83 and 84 shall,
etc., of
search- so far as may be, apply, to all search-warrants issued under section
warrants 96, section 98, section 99A or section 100.
Persons in 102.(1) Whenever any place liable to search or inspection under this
charge of
closed Chapter is closed, any person residing in, or being in charge of such
place to place shall, on demand of the officer or other person executing the
allow
warrant, and on production of the warrant, allow him free ingress
search
thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or

other person executing the warrant may proceed in manner
provided by section 48.

(3) Where any person in or about such place is reasonably

suspected of concealing about his person any article for which
search should be made, such person may be searched. If such
person is a woman, the directions of section 52 shall be observed.

Search to 103.(1) Before making a search under this Chapter, the officer or
be made
in other person about to make it shall call upon two or more
presence respectable inhabitants of the locality in which the place to be
of
searched is situate to attend and witness the search and may issue
witnesses
an order in writing to them or any of them so to do.

(2) The search shall be made in their presence, and a list of all
things seized in the course of such search and of the places in
which they are respectively found shall be prepared by such officer
or other person and signed by such witnesses; but no person
witnessing a search under this section shall be required to attend
the Court as a witness of the search unless specially summoned by
it.

Occupant (3) The occupant of the place searched, or some person in his
of place
searched behalf, shall, in every instance, be permitted to attend during the
may search, and a copy of the list prepared under this section, signed by
attend
 the said witnesses, shall be delivered to such occupant or person at
his request.

(4) When any person is searched under section 102, sub-section

(3), a list of all things taken possession of shall be prepared, and a
copy thereof shall be delivered to such person at his request.

(5) Any person who, without reasonable cause, refuses or neglects

to attend and witness a search under this section, when called upon
to do so by an order in writing delivered or tendered to him, shall be
deemed to have committed an offence under section 187 of the
Penal Code.

E.- Miscellaneous

Power to 104. Any Court may, if it thinks fit, impound any document or thing
impound
document, produced before it under this Code.
etc.,
produced

Magistrate 105. 129 [Any Magistrate, whether Executive or Judicial] may direct a
may direct
search in search to be made in his presence of any place for the search of
his which he is competent to issue a search-warrant.
presence

PART IV
PREVENTION OF OFFENCES

CHAPTER VIII
OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

A.-Security for keeping the Peach on Conviction

Security 106.(1) Whenever any person accused of any offence punishable

for
keeping under Chapter VIII of the Penal Code, other than an offence
the peach punishable under section 143, section 149, section 153A or section
on
conviction 154 thereof, or of assault or other offence involving a breach of the
peace, or of abetting the same, or any person accused of
committing criminal intimidation, is convicted of such offence before
High Court Division, a Court of Session, or the Court of 130
[a
Metropolitan Magistrate], 131 [***] or a Magistrate of the first class,
and such Court is of opinion that it is necessary to require such
person to execute a bond for keeping the peace, such Court may, at
the time of passing sentence on such person, order him to execute
a bond for a sum proportionate to his means, with or `without
sureties, for keeping the peace during such period, not exceeding
three years, as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise, the bond so

executed shall become void.

(3) An order under this section may also be made by an Appellate

Court 132 [***] or by the High Court Division when exercising its
powers of revision.

B.-Security for keeping the peach in the Cases and Security for Good Behaviour

Security 107.(1) Whenever 133 [a District Magistrate or any other Executive

for
keeping Magistrate] is informed that any person is likely to commit a breach
the peace of the peace or disturb the public tranquillity or to do any wrongful
in other
act that may probably occasion a breach of the peace, or disturb the
cases
public tranquillity, 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 exceeding one year as the Magistrate thinks fit to

fix.

(2) Proceedings shall not be taken under this section unless either
 the person informed against or the place where the breach of the
peace or disturbance is apprehended, is within the local limits of

such Magistrate's jurisdiction, and no proceedings shall be taken

before any Magistrate, 134
[other than the] 135
[ ***] District Magistrate,
unless both the person informed against and the place where the
breach of the peace or disturbance is apprehended, are within the
local limits of the Magistrate's jurisdiction.

Procedure (3) When any Magistrate not empowered to proceed under sub-
of
Magistrate section (1) has reason to believe that any person is likely to commit
not a breach of the peace or disturb the public tranquillity or to do any
empowered
wrongful act that may probably occasion a breachof the peace or
to act
under sub- disturb the public tranquillity and that such breach of the peace or
section (1)
disturbance cannot be prevented otherwise than by detaining such
person in custody, such Magistrate may, after recording his reasons,

issue a warrant for his arrest (if he is not already in custody or

before the Court), and may send him before a Magistrate
empowered to deal with the case, together with a copy of his
reasons.

(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.

Security 108. 136 [Whenever the 137 [District Magistrate, or any other Executive
for good
behaviour Magistrate"] specially empowered by the Government in this behalf,
from has information that there is within the limits of his jurisdiction any
persons
person who, within or without such limits, either orally or in writing or
disseminating
seditious in any other manner intentionally disseminates or attempts to
matter
disseminate, or in anywise abets the dissemination of,-

(a) any seditious matter, that is to say, any matter the publication of
 which is punishable under section 123A or section 124A of the
Penal Code, or

(b) any matter the publication of which is punishable under section

153A of the Penal Code, or

(c) any matter concerning a Judge which amounts to criminal

intimidation or defamation under the Penal Code,

such 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 his good 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 of publisher of any publication registered under,
and edited, printed and published in conformity with, the [provisions
of the Printing Presses and Publications (Declaration and
Registration) Act, 1973], with reference to any matters contained in
such publication except by the order or under the authority of the

Government or some officer empowered by the Government in this

behalf.

Security 109. Whenever 138 [District Magistrate or an Executive Magistrate]

for good
behaviour receive information-
from (a) that any person is taking precautions to conceal his presence
vagrants
and within the local limits of such Magistrate's jurisdiction, and that there
suspected is reason to believe that such person is taking such precautions with
persons
a view to committing any offence, or

(b) that 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 ordered to execute a
bond, with sureties, for his good behaviour for such period, not
exceeding one year, as the Magistrate thinks fit to fix.

Security 110. Whenever a 139 [District Magistrate, or anyother Executive

for good
behaviour Magistrate] specially empowered in this behalf by the Government
from receives information that any person within the local limits of his
habitual
jurisdiction-
offenders
(a) is by habit a robber, house-breaker, 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 Penal Code, or under section 489A, section 489B, section 489C
or section 489D of that Code, or

(e) habitually commits, or attempts to commit, 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.

Repealed 111. [Repealed by section 8 of the Criminal Law Amendment Act,

 1923 (Act No. XII of 1923).]

Order to 112. When a Magistrate acting under section 107, section 108,
be made
section 109 or section 110 deems it necessary to require any person

to show cause under such section, he shall make an order in

writing, setting forth the substance of the information received, the

amount of the bond to be executed, the term for which it is to be in

force, and the number, character and class of sureties (if any)

required.

Procedure 113. If the person in respect of whom such order is made is present
in respect
of person in Court, it shall be read over to him or, if he so desires, the
present in substance thereof shall be explained to him.
Court

Summons 114. If such person is not present in Court, the Magistrate shall
or warrant
in case of issue a summons requiring him to appear, or, when such person is
person not in custody, a warrant directing the officer in whose custody he is, to
so present
bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the

report of a police-officer or upon other information (the substance of

which report or information shall be recorded by the Magistrate), that

there is reason to fear the commission of a breach of the peace, and

that such breach of the peace cannot be prevented otherwise than

by the immediate arrest of such person, the Magistrate may at any

time issue a warrant for his arrest.

Copy of 115. Every summons or warrant issued under section 114 shall be
order
under accompanied by a copy of the order made under section 112, and
section such copy shall be delivered by the officer serving or executing such
112 to
summons or warrant to the person served with, or arrested under,
accompany
summons the same.
or warrant

Power to 116. The Magistrate may, if he sees sufficient cause, dispense with
dispense
with the personal attendance of any person called upon to show cause
personal why he should not be ordered to execute a bond for keeping the
attendance
peace, and may permit him to appear by a pleader.

Inquiry as 117.(1) When an order under section 112 has been read or
to truth of
information explained under section 113 to a person present in Court, or when

any person appears or is brought before a Magistrate in compliance

with, or in execution of, a summons or warrant, issued under section

114, the Magistrate shall proceed to inquire into the truth of the
information upon which action has been taken, and to take such

further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable

where the order requires security for keeping the peace, in the
manner hereinafter prescribed for conducting trials and recording

evidence in summons-cases; and where the order requires security

for good behaviour in the manner hereinafter prescribed for

conducting trials and recording evidence in warrant-cases, except

that no charge need be framed.

(3) Pending the completion of the inquiry under sub-section (1) the
Magistrate, if he considers that immediate measures are necessary

for the prevention of a breach of the peace or disturbance of the

public tranquillity or the commission of any offence or for the public

safety, may, for reasons to be recorded in writing, direct the person

in respect of whom the order under section 112 has been made to
execute a bond, with or without sureties, for keeping the peace or

maintaining good behaviour until the conclusion of the inquiry, and

 may detain him in custody until such bond is executed or, in default

of execution, until the inquiry is concluded:

Provided that:-

(a) no person against whom proceedings are not being taken under
section 108, section 109, or section 110, shall be directed to execute

a bond for maintaining good behaviour, and

(b) the conditions of such bond, whether as to the amount thereof or

as to the provision of sureties of the number thereof or the

pecuniary extent of their liability, shall not be more onerous than

those specified in the order under section 112.

(4) for the purposes of this section the fact that a person is an

habitual offender or is so desperate and dangerous as to render his

being at large without security hazardous to the community may be

proved be evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in

the matter under inquiry, they may be dealt with in the same or
separate inquiries as the Magistrate shall think just.

Order to 118. If, upon such inquiry, it is proved that it is necessary for keeping
give
security the peace or maintaining good behaviour, as the case may be, that

the person in respect of whom the inquiry is made should execute a

bond, with or without sureties the Magistrate shall make an order

accordingly:

Provided-

firstly , that no person shall be ordered to give security of a nature

different from, or of an amount larger than, or for a period longer

than, that specified in the order made under section 112:

secondly, that the amount of every bond shall be fixed with due

regard to the circumstances of the case and shall not be excessive:

 thirdly, that when the person in respect of whom the inquiry is made

is a minor, the bond shall be executed only by his sureties.

Discharge 119. If, on an inquiry under section 117, it is not proved that it is
of person
informed necessary for keeping the peace or maintaining good behaviour, as
against the case may be, that the person in respect of whom the inquiry is
made, should execute a bond, the Magistrate shall make an entry

on the record to that effect, and if such person is in custody only for
the purposes of the inquiry, shall release him, or, if such person is

not in custody, shall discharge him.

C.-Proceedings in all Cases subsequent to Order to furnish Security

Commencement120.(1) If any person, in respect of whom an order requiring security

of period
for which is made under section 106 or section 118, is, at the time such order
security is is made, sentenced to, or undergoing a sentence of, imprisonment
required
the period for which such security is required shall commence on

the expiration of such sentence.

(2) In other cases such period shall commence on the date of such
order unless the Magistrate, for sufficient reason, fixes a later date.

Contents 121. The bond to be executed by any such person shall bind him to
of bond
keep the peace or to be of good behaviour, as the case may be, and

in the latter case the commission or attempt to commit, or the

abetment of, any offence punishable with imprisonment, wherever it

may be committed, is a breach of the bond.

Power to 122.(1) A Magistrate may refuse to accept any surety offered, or

reject
sureties may reject any surety previously accepted by him or his
predecessor under this Chapter on the ground that such surety is an

unfit person for the purposes of the bond:

 Provided that, before so refusing to accept or rejecting any such

surety, he shall either himself hold an inquiry on oath into the fitness

of the surety, or cause such inquiry to be held and a report to be

made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding inquiry, give reasonable

notice to the surety and to the person by whom the surety was
offered and shall in making the inquiry record the substance of the

evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so

adduced either before him or before a Magistrate deputed under

sub-section (1), and the report of such Magistrate (if any) that the

surety is an unfit person for the purposes of the bond, he shall make
an order refusing to accept or rejecting, as the case may be, such

surety and recording his reasons for so doing:

Provided that, before making an order rejecting any surety who has

previously been accepted, the Magistrate shall issue his summons

or warrant, as he thinks fit, and cause the person for whom the

surety is bound to appear or to be brought before him.

Imprisonment 123.(1) If any person ordered to give security under section 106 or
in default
of security section 118 does not give such security on or before the date on
which the period for which such security is to be given commences,

he shall, except in the case next hereinafter mentioned, be

committed to prison, or, if he is already in prison be detained in

prison until such period expires or until within such period he gives

the security to the Court or Magistrate who made the order requiring
it.

Proceedings (2) When such person has been ordered by a Magistrate to give
when to
security for a period exceeding one year, such Magistrate shall, if
be laid such person does not give such security as aforesaid, issue a
before
High Court warrant directing him to be detained in prison pending the orders of
Division or the Sessions Judge; and the proceedings shall be laid, as soon as
Court of
conveniently may be, before such Judge.
Sessions
(3) The Sessions Judge, after examining such proceedings and
requiring from the Magistrate any further information or evidence

which he thinks necessary, may pass such order on the case as he

thinks fit:

Provided that the period (if any) for which any person is imprisoned
for failure to give security shall not exceed three years.

(3A) If security has been required in the course of the same

proceedings from two or more persons in respect of any one of

whom the proceedings are referred to the Sessions Judge under

sub-section (2), such reference shall also include the case of any

other of such persons who has been ordered to give security, and
the provisions of sub-sections (2) and (3) shall, in that event, apply

to the case of such other person also, except that the period (if any)
for which he may be imprisoned shall not exceed the period for

which he was ordered to give security.

(3B) A Sessions Judge may in his discretion transfer any

proceedings laid before him under sub-section (2) or sub-section

(3A) to an Additional Sessions Judge or 140 [Joint] Sessions Judge

and upon such transfer, such Additional Sessions Judge or 141

[Joint]
Sessions Judge may exercise the powers of a Sessions Judge

under this section in respect of such proceedings

(4) If the security is tendered to the officer in charge of the jail, he

shall forthwith refer the matter to the Court or Magistrate who made
the order, and shall await the orders of such Court or Magistrate.
Kind of (5) Imprisonment for failure to give security for keeping the peace
imprisonment
shall be simple.

(6) Imprisonment for failure to give security for good behaviour shall,

where the proceedings have been taken under section 108 be

simple and, where the proceedings have been taken under section
109 or section 110, be rigorous or simple as the Court or Magistrate

in each case directs.

Power to 124.(1) Whenever the District Magistrate 142 [***] is of opinion that
release
persons any person imprisoned for failing to give security under this Chapter
imprisoned may be released without hazard to the community or to any other
for failing
person, he may order such person to be discharged.
to give
security (2) Whenever any person has been imprisoned for failing to give
security under this Chapter, the 143 [***] District Magistrate 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 security has been required.

(3) An order under sub-section (1) may direct the discharge of such

person either without conditions or upon any conditions which 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 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 144

[***], 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 police-officer

without warrant, and shall thereupon be produced before the District

Magistrate 145[***].

Unless such person then gives security in accordance with the

terms of the original order for the unexpired portion 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 the breach of the conditions of discharge

and the date on which, except for such conditional discharge, he

would have been entitled to release), the District Magistrate 146

[***],
may remand such person to prison to undergo such unexpired

portion.

A person remanded to prison under this sub-section shall, subject to

the provisions of section 122, be released at any time on giving

security in accordance with the terms 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 successor.

Power of 125. The 147

[***] District Magistrate may at any time, for sufficient
District
Magistrate reasons to be recorded in writing, cancel any bond for keeping the
to cancel peace or for good behaviour executed under this Chapter by order
any bond
of any Court in his district not superior to his Court.
for
keeping
the peach
or good
behaviour

Discharge 126.(1) Any surety for the peaceable conduct or good behaviour of
of sureties
another person may at any time apply to a 148 [District Magistrate or

any other Executive Magistrate] 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 bound to appear or to be brought before him.

Security 149
[126A.] When a person for whose appearance a warrant or
for
unexpired summons has been issued under the proviso to sub-section (3) of
period of section 122 or under section 126, sub-section (2), appears or is
bond
brought before him, the Magistrate shall cancel the bond executed

by such person and shall order such person to give, for the

unexpired portion of the term of such bond, fresh security of the

same description as the original security. Every such order shall, for

the purposes of sections 121, 122, 123 and 124, be deemed to be

an order made under section 106 or section 118, as the case may

be.

CHAPTER IX
UNLAWFUL ASSEMBLIES

Assembly 127.(1) Any 150

[Executive Magistrate] or officer in charge of a police-
to
disperse station may command any unlawful assembly, or any assembly of
on five or more persons likely to cause a disturbance of the public
command
peace, to disperse; and it shall thereupon be the duty of the
of
Magistrate members of such assembly to disperse accordingly.
or police
officer (2) [Omitted by the Schedule of the Adaptation of Central Acts and
Ordinances Order, 1949.]

Use of 128. If, upon being so commanded, any such assembly does not
civil force
to disperse, or if, without being so commanded, it conducts itself in
disperse such a manner as to show a determination not to disperse, any
 151 [Executive Magistrate] or officer in charge of a police-station, may

proceed to disperse such assembly by force, and may require the

assistance of any male person, not being an officer, soldier, sailor or

airman in the armed forces of Bangladesh 152 [***] for the purpose of

dispersing such assembly, and, if necessary, arresting and confining

the persons who form part of it, in order to disperse such assembly

or that they may be punished according to law.

Use of 129. If any such assembly cannot be otherwise dispersed, and if it is

military
force necessary for the public security that it should be dispersed, the
153 [Executive Magistrate] of the highest rank who is present 154[or the

Police Commissioner in 155

[a Metropolitan Area]] may cause it to be
dispersed by military force.

Duty of 130.(1) When 156

[an Executive Magistrate] 157
[or the Police
officer
commanding Commissioner] determines to disperse any such assembly by
troops military force, he may require any commissioned or non-
required
commissioned officer in command of any soldiers in the Bangladesh
by
Magistrate Army 158 [* * *] to disperse such assembly by military forced, and to
to
arrest and confine such persons forming part of it as the Magistrate
disperse
assembly 1[or the Police Commissioner] may direct, or as it may be necessary

to arrest and confine in order to disperse the assembly or to have

them punished according to law.

(2) Every such officer shall obey such requisition in such manner as

he thinks fit, but in so doing he shall use as little force, and do as

little injury to person and property, as may be consistent with

dispersing the assembly and arresting and detaining such persons.

Power of 131. When the public security is manifestly endangered by any such
commissioned
military assembly, and when 159[no Executive Magistrate] can be communi-
officers to
disperse cated with, any commissioned officer of the Bangladesh Army may
assembly
disperse such assembly by military force, and may arrest and
confine any persons forming part of it, in order to disperse such

assembly or that they may be punished according to law; but if,

while he is acting under this section, it becomes practicable for him

to communicate with 160 [an Executive Magistrate], he shall do so,

and shall thenceforward obey the instructions of the Magistrate as to

whether he shall or shall not continue such action.

Protection 132. No prosecution against any person for any act purporting to be
against
prosecution done under this Chapter shall be instituted in any Criminal Court,
for acts except with the sanction of the Government; and-
done
under this (a) no Magistrate or police-officer acting under this Chapter in good
Chapter faith,

(b) no officer acting under section 131 in good faith,

(c) no person doing any act in good faith, in compliance with a

requisition under section 128 or section 130, and

(d) no inferior officer, or soldier, or volunteer, doing any act in

obedience to any order which he 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 officer or soldier in the Bangladesh Army except

with the sanction of the Government.

CHAPTER X
PUBLIC NUISANCES

Application 161
[132A. The provisions of this Chapter shall not apply to 162
[a
Metropolitan Area.]]

Conditional 133.(1) Whenever a District Magistrate, 163 [or any other Executive
order for Magistrate] considers, on receiving a police-report or other
removal of
nuisance information and on taking such evidence (if any) 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 conflagration or explosion, should

be prevented or stopped, or

that any building, tent or structure, or any tree is in such 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 nuisance, or carrying on such trade or

occupation, or 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

to prevent or stop the erection of, or to remove, repair or support,

such building, tent or structure; or

to remove or support such tree; or

to alter the disposal of such substance; or

to fence such tank, well or excavation, as the case may be; or

to destroy, confine or dispose of such dangerous animal in the

manner provided in the said order;

or, if he objects so to do,

to appear before himself or some other 164

[Executive Magistrate] 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 "public place" includes also property belonging to the

State, camping grounds and grounds left unoccupied for sanitary or

recreative purposes.

Service or 134.(1) The order shall, if practicable, be served on the person

notification
of order against whom it is made, in manner herein provided for service of a
summons.

(2) If such order cannot be so served, it shall be notified by

proclamation, published in such manner as the Government may by

 rule direct, and a copy thereof shall be stuck up at such place or

places as may be fittest for conveying the information to such

person.

Person to 135. The person against whom such order is made shall-
whom
order is (a) perform, within the time and in the manner specified in the order,
addressed the act directed thereby; or
to obey or
show 165 [(b) appear in accordance with such order and show cause
cause or
against the same.]
claim jury

Consequence 136. If such person does not perform such act or appear and show
of his
failing to cause 166[* * *] he shall be liable to the penalty prescribed in that
do so behalf in section 188 of the Penal Code, and the order shall be
made absolute.

Procedure 137.(1) If he appears and shows cause against the order, the
where he
appears to Magistrate shall take evidence in the matter 167 [in the manner
show provided in Chapter XX].
cause
(2) If the Magistrate is satisfied that the order is not reasonable and
proper, no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied, the order shall be made

absolute.

Omitted & 138 and 139. [Omitted by the Schedule of the Law Reforms
139.
Omitted Ordinance, 1978 (Ordinance No. XLIX of 1978).]

Procedure 168 [139A.(1) Where an order is made under section 133 for the
where
existence purpose of preventing obstruction, nuisance or danger to the public
of public in the use of anyway, river, channel or place, the Magistrate shall, on
right is
the appearance before him of the person against whom the order
denied
 was made, question him as to whether he denies the existence of

any public right in respect of the way, river, channel or place, and if
he does so, the Magistrate shall, before proceeding under section

137 169[* * *], inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable
evidence in support of such denial, he shall stay the proceedings

until the matter of the existence of such right has been decided by a

competent Civil Court; and, if he finds that there is no such

evidence, he shall proceed as laid down in section 137 170[* * *].

(3) A person who has, on being questioned by the Magistrate under

sub-section (1) failed to deny the existence of a public right of the

nature therein referred to, or who, having made such denial, has

failed to adduce reliable evidence in support thereof, shall not in the

subsequent proceedings be permitted to make any such denial 171

[*
* *].]

Procedure 140.(1) When an order has been made absolute under section 136
on order
172[or section 137], the Magistrate shall give notice of the same to
being
made the person against whom the order was made, and shall further
absolute
require him to perform the act directed by the order within a time to
Consequences
of be fixed in the notice, and inform him that, in case of disobedience,
disobedience
he will be liable to the penalty provided by section 188 of the Penal
to order
Code.

(2) If such act is not performed within the time fixed, the Magistrate

may cause it to be performed, and may recover the costs of

performing it, either by the sale of any building, goods or other

property removed by his order, or by the distress and sale of any

other movable property of such person within or without the local

limits of such Magistrate's jurisdiction. If such other property is

 without such limits, the order shall authorize its attachment and sale

when endorsed by the Magistrate within the local limits of whose

jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under

this section.

Omitted 141. [Omitted by section 2 and Schedule of the Law Reforms

Ordinance, 1978 (Ordinance No. XLIX of 1978).]

Injunction 142.(1) If a Magistrate making an order under section 133 considers

pending
inquiry that immediate measures should be taken to prevent imminent
danger or injury of a serious kind to the public, he may 173[* * *] issue

such an injunction to the person against whom the order was made,
as is required to obviate or prevent such danger or injury pending

the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the

Magistrate may himself use, or cause to be used, such means as he

thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a

Magistrate under this section.

Magistrate 143. A District Magistrate or 174

[any other Executive Magistrate]
may
prohibit empowered by the Government or the District Magistrate in this
repetition behalf, may order any person not to repeat or continue a public
or
nuisance, as defined in the Penal Code or any special 175[* * *] law.
continuance
of public
nuisance

CHAPTER XI
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER.

Power to
issue
order 144.(1) In cases where, in the opinion of a District Magistrate, 176 [or

any other Executive Magistrate] specially empowered by the

Government or the District Magistrate to act under this section, there

is sufficient ground for proceeding under this section and immediate

prevention or speedy remedy is desirable,

such Magistrate may, by a written order stating the material facts of

the case and served in manner provided by section 134, direct any

person to abstain from a certain act or to take certain order with

certain property in his possession or under his management, if such

Magistrate considers that such direction is likely to prevent, or tends

to prevent, obstruction, annoyance or injury, or risk or obstruction,

annoyance or injury, to any person lawfully employed, or danger to

human life, health or safety, or a disturbance of the public

tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in

cases where the circumstances do not admit of the serving in due

time of a notice upon the person against whom the order is directed,

be passed, ex parte.

(3) An order under this section may be directed to a particular

individual, or to the public generally when frequenting or visiting a

particular place.

(4) Any Magistrate may, either on his own motion or on the

application of any person aggrieved, rescind or alter any order made

under this section by himself or any Magistrate subordinate to him,

or by his predecessor in office.

(5) Where such an application is received, the Magistrate shall

afford to the applicant an early opportunity of appearing before him

either in person or by pleader and showing cause against the order;

 and, if the Magistrate rejects the application wholly or in part, he

shall record in writing his reasons for so doing.

(6) No order under this section shall remain in force for more than
two months from the making thereof; unless, in cases of danger to

human life, health or safety, or a likelihood of a riot or an affray, the

Government, by notification in the official Gazette, otherwise directs.
177 [(7) The provisions of this section shall not apply to 178 [a

Metropolitan Area].]

CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY

Procedure 145.(1) Whenever 179 [a 180 [District Magistrate, or an Executive

where
dispute Magistrate specially empowered by the Government in this behalf] is
concerning satisfied from a police-report or other information that a dispute
land, etc.,
likely to cause a breach of the peace exists concerning any land or
is likely to
cause water of the boundaries thereof, within the local limits of his
breach of
jurisdiction, he shall make an order in writing, stating the grounds of
peach
his being so satisfied, and requiring the parties concerned in such

dispute to attend his 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 as respects the fact of actual possession of the

subject of dispute.

(2) For the purposes of this section the expression "land or water"

includes buildings, markets, fisheries, crops or other produce of

land, and the rents or profits of any such property.

(3) A copy of the order shall be served in manner provided by this

Code for the service of a summons upon such person or persons as

the Magistrate may direct, and at least one copy shall be published

by being affixed to some conspicuous place at or near the subject of

 dispute.

Inquiry as (4) The Magistrate shall then, without reference to the merits or the
to
possession claims of any of such parties to a right to possess the subject of

dispute, peruse the statements so put in, hear the parties, receive
all such evidence as may be produced by them respectively,

consider the effect of such evidence, take such further evidence (if
any) as he thinks necessary, and, if possible, decide whether any

and which of the parties was at the date of the order before

mentioned in such possession of the said subject:

Provided that, if it appears to the Magistrate that any party has

within two months next before the date of such order been forcibly

and wrongfully dispossessed, he may treat the party so

dispossessed as if he had been in possession at such date:

Provided also, that if the Magistrate considers the case one of

emergency, he may at any time attach the subject of dispute,

pending his decision under this section.

(5) Nothing in this section shall preclude any party so required to

attend, or any other person interested, from showing that no such

dispute as aforesaid exists or has existed; and in such case the

Magistrate shall cancel his said order, and all further proceedings

thereon shall be stayed, but, subject to such cancellation, the order

of the Magistrate under sub-section (1) shall be final.

Party in (6) If the Magistrate decides that one of the parties was or should
possession
to retain under the first proviso to sub-section (4) be treated as being in such
possession possession of the said subject, he shall issue an order declaring
until
such party to be entitled to possession thereof until evicted
legally
evicted therefrom in due course of law, and forbidding all disturbance of

such possession until such eviction and when he proceeds under

 the first proviso to sub-section (4), may restore to possession the

party forcibly and wrongfully dispossessed.

(7) When any party to any such proceeding dies, the Magistrate may
cause the legal representative of the deceased party to be made a

party to the proceeding and shall thereupon continue the inquiry,

and if any question arises as to who the legal representative of a

deceased party for the purpose of such proceeding is, all persons

claiming to be representatives of the deceased party shall be made

parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of

the property, the subject of dispute in a proceeding under this

section pending before him, is subject to speedy and natural decay,

he may make an order for the proper custody or sale of such

property, and, upon the completion of the inquiry, shall make such
order for the disposal of such property, or the sale-proceeds thereof,

as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the

proceedings under this section, on the application of either party,

issue a summons to any witness directing him to attend or to

produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of

the powers of the Magistrate to proceed under section 107.

Power to 146.(1) If the Magistrate decides that none of the parties was then in
attach
subject of such possession, or is unable to satisfy himself as to which of them
dispute was then in such possession of the subject of dispute, he may
attach it until a competent Court has determined the rights of the

parties thereto, or the person entitled to possession thereof:

Provided that 181 [ 182 [ such Magistrate]may withdraw the attachment

 at any time if he is satisfied that there is no longer any likelihood of a

breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if

he thinks fit and if no receiver of the property, the subject of dispute,

has been appointed by any Civil Court appoint a receiver thereof,

who, subject to the control of the Magistrate, shall have all the

powers of a receiver appointed under the 183 [Code of Civil

Procedure, 1908]:

Provided that, in the event of a receiver of the property, the subject

of dispute, being subsequently appointed by any Civil Court,

possession shall be made over to him by the receiver appointed by

the Magistrate, who shall thereupon be discharged.

Disputes 147.(1) Whenever, 184

[any 185
[District Magistrate, or Executive
concerning
rights of Magistrate specially empowered by the Government in this behalf,]
use of is satisfied, from a police-report or other information, that a dispute
immovable
likely to cause a breach of the peace exists regarding any alleged
property,
etc. right of user of any land or water as explained in section 145, sub-

section (2) (whether such rights be claimed as an easement or

otherwise), within the local limits of his jurisdiction, he may make an

order in writing stating the grounds 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 provided in section

145, and the provisions of that section shall, as far as may be,

applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he may

make an order prohibiting any interference with the exercise of such

 right: Provided that no such order shall be made where the right is

exercisable at all times of the year, unless such right has been
exercised within three months next before the institution of the

inquiry, or where the right is exercisable only at particular seasons

or on particular occasions, unless the right has been exercised

during the last of such seasons or on the last of such occasions

before such institution.

(3) If it appears to such Magistrate that such right does not exist, he
may make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent

decision of a Civil Court of competent jurisdiction.

Local 148.(1) Whenever a local inquiry is necessary for the purposes of

inquiry
this Chapter, 186
[* * *] any District Magistrate 187
[***] may depute any
Magistrate subordinate to him to make the inquiry, and may furnish

him with such written instructions as may seem necessary for his
guidance, and may declare by whom the whole or any part of the

necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in

the case.

Order as (3) When any costs have been incurred by any party to a
to costs
proceeding under this Chapter the Magistrate passing a decision

under section 145, section 146 or section 147 may direct by whom

such costs shall be paid, whether by such party or by any other

party to the proceeding, and whether in whole or in part or

proportion. Such costs may include any expenses incurred in

respect of witnesses, and of 188[advocate] fees, which the Court may

consider reasonable.
 CHAPTER XIII
PREVENTIVE ACTION OF THE POLICE

Police to 149. Every police-officer may interpose for the purpose of

prevent
cognizable preventing, and shall, to the best of his ability, prevent, the
offences commission of any cognizable offence.

Information 150. Every police-officer receiving information of a design to commit

of design
to commit any cognizable offence shall communicate such information to the
such police-officer to whom he is subordinate, and to any other officer
offences
whose duty it is to prevent or take cognizance of the commission of

any such offence.

Arrest to 151. A police-officer knowing of a design to commit any cognizable

prevent
such offence may arrest, without orders from a Magistrate and without a
offences warrant, the person so designing, if it appears to such officer that

the commission of the offence cannot be otherwise prevented.

Prevention 152. A police-officer may of his own authority interpose to prevent

of injury to
public any injury attempted to be committed in his view to any public
property property, movable or immovable, or the removal or injury of any

public landmark or buoy or other mark use for navigation.

Inspection 153.(1) Any officer in charge of a police-station may, without a

of weights
and warrant, enter any place within the limits of such station for the
measures purpose of inspecting or searching for any weights or measures or
instruments for weighing, used or kept therein, whenever he has

reason to believe that there are in such place any weights,

measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments

for weighing which are false, he may seize the same, and shall
 forthwith give information of such seizure to a Magistrate having

jurisdiction.

PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIV

Information 154. Every information relating to the commission of a cognizable

in
cognizable offence if given orally to an officer in charge of a police-station, shall
cases be reduced to writing by him or under his direction, and be read over

to the informant; and every such information, whether given in

writing or reduced to writing as aforesaid, shall be signed by the

person giving it, and the substance thereof shall be entered in a

book to be kept by such officer in such form as the Government may

prescribe in this behalf.

Information 155.(1) When information is given to an officer in charge of a police-

in non-
cognizable station of the commission within the limits of such station of a non-
cases cognizable offence, he shall enter in a book to be kept as aforesaid
the substance of such information and refer the informant to the

Magistrate.

Investigation (2) No police-officer shall investigate a non-cognizable case without

into non-
cognizable the order of a Magistrate of the first or second class having power to
cases try such case or 189[send] the same for trial 190[***].

(3) Any police-officer receiving such order may exercise the same

powers in respect of the investigation (except the power to arrest

without warrant) as an officer in charge of a police-station may

exercise in a cognizable case.

Investigation 156.(1) Any officer in charge of a police-station may, without the

into
cognizable order of a Magistrate, investigate any cognizable case which a
cases
Court having jurisdiction over the local area within the limits of such
station would have power to inquire into or try under the provisions

of Chapter XV relating to the place of inquiry or trial.

(2) No proceeding of a police-officer in any such case shall at any

stage be called in question on the ground that the case was one

which such officer was not empowered under this section to

investigate.

(3) Any Magistrate empowered under section 190 may order such
and investigation as above mentioned.

Procedure 157.(1) If, from information received or otherwise, an officer in

where
cognizable charge of a police-station has reason to suspect the commission of
offence an offence which he is empowered under section 156 to investigate,
suspected
he shall forthwith send a report of the same to a Magistrate

empowered to take cognizance of such offence upon a police-

report, and shall proceed in person, or shall depute one of his

subordinate officers not being below such rank as the Government

may, by general or special order, prescribe in this behalf to proceed,

to the spot, to investigate the facts and circumstances of the case,

and, if necessary, to take measures for the discovery and arrest of

the offender:

Where Provided as follows:-

local
investigation (a) when any information as to the commission of any such offence
dispensed is given against any person by name and the case is not of a
with
serious nature, the officer in charge of a police-station need not

proceed in person or depute a subordinate officer to make an

investigation on the spot;
Where (b) if it appears to the officer in charge of a police-station that there
police-
officer in is no sufficient ground for entering on an investigation, he shall not
charge investigate the case.
sees no
sufficient (2) In each of the cases mentioned in clauses (a) and (b) of the
ground for proviso to sub-section (1), the officer in charge of the police-station
investigation
shall state in his said report his reasons for not fully complying with

the requirements of that sub-section, and, in the case mentioned in

clause (b), such officer shall also forthwith notify to the informant, if
any, in such manner as may be prescribed by the Government, the

fact that he will not investigate the case or cause it to be

investigated.

Reports 158.(1) Every report sent to a Magistrate under section 157 shall, if
under
section the Government so directs, be submitted through such superior
157 how officer of police as the Government, by general or special order,
submitted
appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in

charge of the police-station as he thinks fit, and shall, after recording

such instructions on such report, transmit the same without delay to

the Magistrate.

Power to 159. Such Magistrate, on receiving such report, may direct an

hold
investigation investigation or, if he thinks fit, at once proceed, or depute any
or Magistrate subordinate to him to proceed, to hold a preliminary
preliminary
inquiry into, or otherwise to dispose of, the case in manner provided
inquiry
in this Code.

Police- 160. Any police-officer making an investigation under this Chapter

officer's
power to may, by order in writing, require the attendance before himself of
require any person being within the limits of his own or any adjoining station
attendance who, from the information given or otherwise, appears to be
of
witnesses acquainted with the circumstances of the case; and such person
shall attend as so required.

Examination 161.(1) Any police-officer making an investigation under this

of
witnesses Chapter or any police-officer not below such rank as the
by police Government may, by general or special order, prescribe in this
behalf, acting on the requisition of such officer may examine orally

any person supposed to be acquainted with the facts and

circumstances of the case.

(2) Such person shall be bound to answer all questions relating to

such case put to him by such officer, other than questions the

answers to which would have a tendency to expose him to a

criminal charge or to a penalty or forfeiture.

(3) The police-officer may reduce into writing any statement made to

him in the course of an examination under this section, and if he

does so he shall make a separate record of the statement, of each

such person whose statement he records.

Statements 162.(1) No statement made by any person to a police-officer in the

to police
not to be course of an investigation under this Chapter shall, if reduced into
signed; writing, be signed by the person making it; nor shall any such
use of
statement or any record thereof, whether in a police-diary or
such
statements otherwise, or any part of such statement or record, be used for any
in
purpose (save as hereinafter provided) at any inquiry or trial in
evidence
respect of any offence under investigation at the time when such

statement was made:

Provided that, when any witness is called for the prosecution in such
inquiry or trial whose statement has been reduced into writing as

aforesaid, the Court shall on the request of the accused, refer to

 such writing and direct that the accused be furnished with a copy

thereof, in order that any part of such statement, if duly proved, may
be used to contradict such witness in the manner provided by

section 145 of the Evidence Act, 1872. When any part of such

statement is so used, any part thereof may also be used in the re-
examination of such witness, but for the purpose only of explaining

any matter referred to in his cross-examination:

Provided, further that, if the Court is of opinion that any part of any
such statement is not relevant to the subject-matter of the inquiry or

trial or that its disclosure to the accused is not essential in the

interests of justice and is inexpedient in the public interests, it shall

record such opinion (but not the reasons therefor) and shall exclude

such part from the copy of the statement furnished to the accused.

(2) Nothing in this section shall be deemed to apply to any

statement falling within the provisions of section 32, clause (1), of

the Evidence Act, 1872 or to affect the provisions of section 27 of

that Act.

No 163.(1) No police-officer or other person in authority shall offer or

inducement
to be make, or cause to be offered or made, any such inducement, threat
offered or promise as is mentioned in the Evidence Act, 1872, section 24.

(2) But no police-officer or other person shall prevent, by any

caution or otherwise, any person from making in the course of any

investigation under this Chapter any statement which he may be

disposed to make of his own free will.

Power to 164.(1) 191

[Any Metropolitan Magistrate, any Magistrate of the first
record
statements class] and any Magistrate of the second class specially empowered
and in this behalf by the Government may, if he is not a police-officer
confessions
record any statement or confession made to him in the course of an
investigation under this Chapter or at any time afterwards before the

commencement of the inquiry or trial.

(2) Such statements shall be recorded in such of the manners

hereinafter prescribed for recording evidence as is, in his opinion

best fitted for the circumstances of the case. Such confessions shall
be recorded and signed in the manner provided in section 364, and

such statements or confessions shall then be forwarded to the

Magistrate by whom the case is to be inquired into or tried.

(3) A Magistrate shall, before recording any such confession,

explain to the person making it that he is not bound to make a

confession and that if he does so it may be used as evidence

against him and no Magistrate shall record any such confession

unless, upon questioning the person making it, he has reason to

believe that it was made voluntarily; and, when he records any

confession, he shall make a memorandum at the foot of such record

to the following effect:-

"I have explained to (name) that he is not bound to make a

confession and that, if he does so, any confession he may make

may be used as evidence against him and I believe that this

confession was voluntarily made. It was taken in my presence and

hearing, and was read over to the person making it and admitted by

him to be correct, and it contains a full and true account of the

statement made by him.

(Signed) A.B.

Magistrate."

Explanation-It is not necessary that the Magistrate receiving and

recording a confession or statement should be a Magistrate having

jurisdiction in the case.
Search by 165.(1) Whenever an officer in charge of a police-station or a police-
police-
officer officer making an investigation has reasonable grounds for believing
that anything necessary for the purposes of an investigation into any

offence which he is authorized to investigate may be found in any

place within the limits of the police-station of which he is in charge,

or to which he is

attached, and that such thing cannot in his opinion be otherwise

obtained without undue delay, such officer may, after recording in

writing the grounds of his belief and specifying in such writing, so far

as possible, the thing for which search is to be made, search, or

cause search to be made, for such thing in any place within the

limits of such station:

Provided that no such officer shall search, or cause search to be

made, for anything which is in the custody of a bank or banker as

defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891),

and relates, or might disclose any information which relates, to the

bank account of any person except,-

(a) for the purpose of investigating an offence under sections 403,

406, 408 and 409 and section 421 to 424 both inclusive and
sections 465 to 477A (both inclusive) of the Penal Code with the

prior permission in writing of a Sessions Judge; and

(b) in other cases, with the prior permission in writing of the High

Court Division.

(2) A police-officer proceeding under sub-section (1) shall, if

practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no

other person competent to make the search present at the time, he

may after recording in writing his reasons for so doing require any
 officer subordinate to him to make the search, and he shall deliver to

such subordinate officer an order in writing specifying the place to

be searched and, so far as possible, the thing for which search is to

be made; and such subordinate officer may thereupon search for

such thing in such place.

(4) The provisions of this Code as to search-warrants and the

general provisions as to searches contained in section 102 and

section 103 shall, so far as may be, apply to a search made under
this section.

(5) Copies of any record made under sub-section (1) or sub-section

(3) shall forthwith be sent to the nearest Magistrate empowered to

take cognizance of the offence and the owner or occupier of the

place searched shall on application be furnished with a copy of the

same by the Magistrate:

Provided that he shall pay for the same unless the Magistrate for
some special reason thinks fit to furnish it free of cost.

When 166.(1) An officer in charge of a police-station or a police-officer not

officer-in-
charge of being below the rank of sub-inspector making an investigation may
police require an officer in charge of another police-station, whether in the
station
same or a different district, to cause a search to be made in any
may
require place, in any case in which the former officer might cause such
another to
search to be made, within the limits of his own station.
issue
search- (2) Such officer, on being so required, shall proceed according to the
warrant
provisions of section 165, and shall forward the thing found, if any,

to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned

by requiring an officer in charge of another police-station to cause a

search to be made under sub-section (1) might result in evidence of

 the commission of an offence being concealed or destroyed, it shall

be lawful for an officer in charge of a police-station or a police-officer

making an investigation under this Chapter to search, or cause to be

searched, any place in the limits of another police-station, in

accordance with the provisions of section 165, as if such place were

within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall

forthwith send notice of the search to the officer in charge of the

police-station within the limits of which such place is situate, and

shall also send with such notice a copy of the list (if any) prepared

under section 103, and shall also send to the nearest Magistrate
empowered to take cognizance of the offence, copies of the records

referred to in section 165, sub-sections (1) and (3).

(5) The owner or occupier of the place searched shall, on

application, be furnished with a copy of any record sent to the

Magistrate under sub-section (4):

Provided that he shall pay for the same unless the Magistrate for
some special reason thinks fit to furnish it free of cost.

Procedure 167.(1) Whenever any person is arrested and detained in custody,

when
investigation and it appears that the investigation cannot be completed within the
cannot be period of twenty-four hours fixed by section 61, and there are
completed
grounds for believing that the accusation or information is well-
in twenty-
four hours founded, the officer in charge of the police-station or the police-

officer making the investigation if he is not below the rank of sub-

inspector shall forthwith transmit to the 192 [nearest Judicial

Magistrate] a copy of the entries in the diary hereinafter prescribed

relating to the case, and shall at the same time forward the accused

to such Magistrate.
(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 authorize 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
193 [send] it for trial, and considers further detention unnecessary, he

may order the accused to be forwarded to a Magistrate having such

jurisdiction:

Provided that no Magistrate of the third class, and no Magistrate of

the second class not specially empowered in this behalf by the

Government shall authorize detention in the custody of the police.

(3) A Magistrate authorizing under this section detention in the

custody of the police shall record his reasons for so doing.
194 [(4) If such order is given by a Magistrate other than the Chief

Metropolitan Magistrate or the Chief Judicial Magistrate, he shall

forward a copy of his order, with his reasons for making it to the
Chief Metropolitan Magistrate or to the Chief Judicial Magistrate to

whom he is subordinate.]
195
[(4A)] If such order is given by a Chief Metropolitan Magistrate or
a Chief Judicial Magistrate, he shall forward a copy of his order, with

reasons for making it to the Chief Metropolitan Sessions Judge or to

the Sessions Judge to whom he is subordinate.]
196 [ [(5) If the investigation is not concluded within one hundred and

twenty days from the date of receipt of the information relating to the

commission of the offence or the order of the Magistrate for such

investigation-

(a) the Magistrate empowered to take cognizance of such offence or

making the order for investigation may, if the offence to which the
 investigation relates is not punishable with death, imprisonment for

life or imprisonment exceeding ten years, release the accused on

bail to the satisfaction of such Magistrate; and

(b) the Court of Session may, if the offence to which the

investigation relates is punishable with death, imprisonment for life

or imprisonment exceeding ten years, release the accused on bail to

the satisfaction of such Court:

Provided that if an accused is not released on bail under this sub-

section, the Magistrate or, as the case may be, the Court of Session
shall record the reasons for it:

Provided further that in cases in which sanction of appropriate

authority is required to be obtained under the provisions of the

relevant law for prosecution of the accused, the time taken for

obtaining such sanction shall be excluded from the period specified

in this sub-section.

Explanation-The time taken for obtaining sanction shall commence

from the day the case, with all necessary documents, is submitted

for consideration of the appropriate authority and be deemed to end

on the day of the receipt of the sanction order of the authority.]

(6)-(7A) [Omitted by section 2 of the Criminal Procedure (Second

Amendment) Act, 1992 (Act No. XLII of 1992).]

(8) The provisions of sub-section (5) shall not apply to the

investigation of an offence under section 400 or section 401 of the

Penal Code, 1860 (Act XLV of 1860).]

Report of 168. When any subordinate police-officer has made any

investigation
by investigation under this Chapter, he shall report the result of such
subordinate investigation to the officer in charge of the police-station.
police-
officer
Release of 169. If, upon an investigation under this Chapter, it appears to the
accused
when officer in charge of the police-station or to the police-officer making
evidence the investigation that there is not sufficient evidence or reasonable
deficient
ground of suspicion to justify the forwarding of the accused to a

Magistrate, such officer shall, if such person is in custody, release

him on his executing a bond, with or without sureties, as such officer

may direct, to appear, if and when so required, before a Magistrate

empowered to take cognizance of the offence on a police-report and

to try the accused or 197[send] him for trial.

Case to be 170.(1) If, upon an investigation under this Chapter, it appears to the
sent to
Magistrate officer-in-charge of the police-station that there is sufficient evidence
when or reasonable ground as aforesaid, such officer shall forward the
evidence
accused under custody to a Magistrate empowered to take
is
sufficient cognizance of the offence upon a police-report and to try the
accused or 198 [send] him for trial or, if the offence is bailable and the

accused is able to give security, shall take security from him for his
appearance before such Magistrate on a day fixed and for his

attendance from day to day before such Magistrate until otherwise

directed.

(2) When the officer-in-charge of a police-station forwards an

accused person to a Magistrate or takes security for his appearance

before such Magistrate under this section , he shall send to such

Magistrate any weapon or other article which it may be necessary to

produce before him, and shall require the complainant (if any) and

so many of the persons who appear to such officer to be acquainted

with the circumstances of the case as he may think necessary, to

execute a bond to appear before the Magistrate as thereby directed

and prosecute or give evidence (as the case may be ) in the matter
 of the charge against the accused.

(3) If the Court of the 199 [Chief Metropolitan Magistrate,] 200 [or the

Chief Judicial 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 officer in whose presence the bond is executed shall deliver

a copy thereof to one of the persons who executed it, and shall then

send to the Magistrate the original with his report.

Complainants 171. 201[(1)] No complainant or witness on his way to the Court of

and
witnesses the Magistrate shall be required to accompany a police-officer,
not to be
required
to
accompany
Police-
Officer

Complainants or shall be subjected to unnecessary restraint or incon-venience, or

and
witnesses required to give any security for his appearance other than his own
not to be bond:
subjected
to
restraint

Recusant Provided that, if any complainant or witness refuses to attend or to

complainant
or witness execute a bond as directed in section 170, the officer in charge of
may be the police-station may forward him in custody to the Magistrate, who
forwarded
may detain him in custody until he executes such bond, or until the
in custody
hearing of the case is completed.
202 [(2) Notwithstanding anything contained in sub-section (1), it shall

be the responsibility of the police-officer to ensure that the

 complainant or the witness appears before the Court at the time of

hearing of the case.]

Diary of 172.(1) Every police-officers making an investigation under this

proceedings
in Chapter shall day by day enter his proceedings in the investigation
investigation in a diary setting forth the time at which the information reached him,

the time at which he began and closed his investigation, the place or
places visited by him, and a statement of the circumstances

ascertained through his investigation.

(2) Any Criminal Court may send for the police-diaries of a case

under inquiry or trial in such Court and may use such diaries, not as
evidence in the case, but to aid it in such inquiry or trial. Neither the

accused nor his agents shall be entitled to call for such diaries, not
shall he or they be entitled to see them merely because they are

referred to by the Court; but, if they are used by the police-officer

who made them, to refresh his memory or if the Court uses them for
the purpose of contradicting such police-officer, the provisions of the

Evidence Act, 1872, section 161 or section 145, as the case may
be, shall apply.

Report of 173.(1) Every investigation under this Chapter shall be completed

police-
officer without unnecessary delay, and, as soon as it is completed, the

officer in charge of the police-station shall-

(a) forward to a Magistrate empowered to take cognizance of the

offence on a police-report a report, in the form prescribed by the

Government, setting forth the names of the parties, the nature of the

information and the names of the persons who appear to be

acquainted with the circumstances of the case, and stating whether

the accused (if arrested) has been forwarded in custody or has been

released on his bond, and, if so, whether with or without sureties,

and

(b) communicate, in such manner as may be prescribed by the

Government, the action taken by him to the person, if any, by whom

the information relating to the commission of the offence was first

given.

(2) Where a superior officer of police has been appointed under

section 158, the report shall in any cases in which the Government

by general or special order so directs, be submitted through that

officer, and he may, pending the orders of the Magistrate, direct the
officer-in-charge of the police-station to make further investigation.

(3) Whenever it appears from a report forwarded under this section

that the accused has been released on his bond, the Magistrate
shall make such order for the discharge of such bond or otherwise

as he thinks fit.
203 [(3A) When such report is in respect of a case to which section

170 applies, the police-officer shall forward to the Magistrate along

with the report-

(a) all documents or relevant extracts thereof on which the

prosecution proposes to rely other than those already sent to the

Magistrate during investigation;

(b) the statements recorded under sub-section (3) of section 161 of

all the persons whom the prosecution proposes to examine as its

witnesses.

(3B) Nothing in this section shall be deemed to preclude further

investigation in respect of an offence after a report under sub-

section (1) has been forwarded to the Magistrate and, whereupon

such investigation, the officer in charge of the police-station obtains

further evidence, oral or documentary, he shall forward to the

 Magistrate a further report or reports regarding such evidence in the

form prescribed; and the provisions of sub-section (1) to (3A) shall,

as far as may be, apply in relation to such report or reports as they

apply in relation to a report forwarded under sub-section (1).]

(4) a copy of any report forwarded under this section shall on

application, be furnished to the accused before the commencement

of the inquiry or trial:

Provided that the same shall be paid for unless the Magistrate for

some special reason thinks fit to furnish it free of cost.

Police to 174.(1) The officer in charge of a police-station or some other

inquire
and report police-officer specially empowered by the Government in that
on behalf, on receiving information that a person-
suicide,
etc. (a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery or

by an accident, or

(c) has died under circumstances raising a reasonable suspicion

that some other person has committed an offence,

shall immediately give intimation thereof to the 204 [nearest Executive

Magistrate] empowered to hold inquests, and, unless otherwise

directed by any rule prescribed by the Government, or by any

general or special order 205

[of the District Magistrate], shall proceed
to the place where the body of such deceased person is, and there,

in the presence of two or more respectable inhabitants of the

neighborhood, shall make an investigation, and draw up a report of

the apparent cause of death, describing such wounds, fractures,

bruises and other marks of injury as may be found on the body, and
stating in what manner, or by what weapon or instrument (if any),

such marks appear to have been inflicted:

 Provided that, unless the Government otherwise directs, it shall not

be necessary under this sub-section, in any case where the death or

any person has been caused by enemy action, to make any

investigation or to draw up any report or to send any intimation to a

Magistrate empowered to hold inquests.

(2) The report shall be signed by such police-officer and other

persons, or by so many of them as concur therein, and shall be

forthwith forwarded to 206[ the District Magistrate].

(3) When there is any doubt regarding the cause of death, or when

for any other reason the police-officer considers it expedient so to

do, he shall, subject to such rules as the Government may prescribe

in this behalf, forward the body, with a view to its being examined, to
the nearest Civil Surgeon, or other qualified medical man appointed

in this behalf by the Government, if the state of the weather and the

distance admit of its being so forwarded without risk of such

putrefaction on the road as would render such examination useless.

(4) [Omitted by the Schedule of the Adaptation of Central Acts and

Ordinances Order, 1949.]

207
[(5) The following Magistrates are empowered to hold inquest,
namely, any District Magistrate or any other Executive Magistrate

specially empowered in this behalf by the Government or the District

Magistrate.]

Power to 175.(1) A police-officer proceeding under section 174 may, by order

summon
persons in writing summon two or more persons as aforesaid for the purpose

of the said investigation, and any other person who appears to be

acquainted with the facts of the case. Every person so summoned

shall be bound to attend and to answer truly all questions other than

questions the answers to which would have a tendency to expose

 him to a criminal charge, or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable offence to which section

170 applies, such persons shall not be required by the police-officer

to attend a Magistrate's Court.

Inquiry by 176.(1) When any person dies while in the custody of the police, the
Magistrate
into cause nearest Magistrate empowered to hold inquests shall, and, in any
of death other case mentioned in section 174, clauses (a), (b) and (c) of sub-
section (1), any Magistrate so empowered may hold an inquiry into

the cause of death either instead of, or in addition to, the

investigation held by the police-officer, and if he does so, he shall

have all the powers in conducting it which he would have in holding

an inquiry into an offence. The Magistrate holding such an inquiry

shall record the evidence taken by him in connection therewith in

any of the manners hereinafter prescribed according to the

circumstances of the case.

Power to (2) Whenever such Magistrate considers it expedient to make an

disinter
corpses examination of the dead body of any person who has been already

interred, in order to discover the cause of his death, the Magistrate

may, cause the body to be disinterred and examined.

PART VI
PROCEEDINGS IN PROSECUTIONS

CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND
TRIALS

A.-Place of Inquiry or Trial

Ordinary 177. Every offence shall ordinarily be inquired into and tried by a
place of
inquiry Court within the local limits of whose jurisdiction it was committed.
and trial

Power to 178. Notwithstanding anything contained in section 177, the

order
cases to Government may direct that any cases or class of cases 208[sent] for
be tried in trial in any district may be tried in any sessions division:
different
sessions
209
[* * *]
divisions

Accused 179. When a person is accused of the commission of any offence by

triable in
district reason of anything which has been done, and of any consequence
where act which has ensued, such offence may be inquired into or tried by a
is done or
Court within the local limits of whose jurisdiction any such thing has
where
consequence been done, or any such consequence has ensued.
ensues
Illustrations

(a) A is wounded within the local limits of the jurisdictions of Court X,

and dies within the local limits of the jurisdiction of Court Z. The
offence of the culpable homicide of A may be required into or tried

by X or Z.

(b) A is wounded within the local limits of the jurisdiction of Court X,

and is, during ten days within the local limits of the jurisdiction of

Court Y, and during ten days more within the local limits of the

jurisdiction of Court Z, unable in the local limits of the jurisdiction of

either Court Y, or Court Z, to follow his ordinary pursuits. The

offence of causing grievous hurt to a may be inquired into or tried by

X, Y or Z.

(c) A is put in fear of injury within the local limits of the jurisdiction of

Court X, and is thereby induced, within the local limits of the

jurisdiction of Court Y, to deliver property to the person who put him

in fear. The offence of extortion committed on a may be inquired into

or tried either by X or Y.
 (d) A is wounded in 210 [Dhaka], and dies of his wounds in

[Chittagong]. The offence of causing A's death may be inquired

211

into and tried in 212[Chittagong].

Place of 180. When an act is an offence by reason of its relation to any other
trial where
act is act which is also an offence or which would be an offence if the doer
offence by were capable of committing an offence, a charge of the first-
reason of
mentioned offence may be inquired into or tried by a Court within the
relation to
other local limits of whose jurisdiction either act was done.
offence
Illustrations

(a) A charge of abetment may be inquired into or tried either by the

Court within the local limits of whose jurisdiction the abetment was
committed, or by the court within the local limits of whose jurisdiction

the offence abetted was committed.

(b) A charge of receiving or retaining stolen goods may be inquired

into or tried either by the Court within the local limits of whose
jurisdiction the goods were stolen, or by any Court within the local

limits of whose jurisdiction any of them were at any time dishonestly

received or retained.

(c) A charge of wrongfully concealing a person known to have been

kidnapped may be inquired into or tried by the Court within the local
limits of whose jurisdiction the wrongful concealing, or by the Court

within the local limits of whose jurisdiction the kidnapping, took

place.

Being a 181.(1) The offence of being a thug, of being a thug and committing
thug or
belonging murder, of dacoity, of dacoity with murder, of having belonged to a
to a gang gang of dacoits, or of having escaped from custody, may be inquired
of dacoits,
into or tried by a Court within the local limits of whose jurisdiction the
escape
from
custody, person charged is.
etc.

Criminal (2) The offence of Criminal misappropriation or of criminal breach of

misappropriation
and trust may be inquired into or tried by a Court within the local limits of
criminal whose jurisdiction any part of the property which is the subject of the
breach of
offence was received or retained by the accused person, or the
trust
offence was committed.

Theft (3) The offence of theft, or any offence which includes theft or the

possession of stolen property, may be inquired into or tried by a

Court within the local limits of whose jurisdiction such offence was

committed or the property stolen was possessed by the thief or by

any person who received or retained the same knowing or having

reason to believe it to be stolen.

Kidnapping (4) The offence of kidnapping or abduction may be inquired into or

and
abduction tried by a Court within the local limits of whose jurisdiction the
person kidnapped or abducted was kidnapped or abducted or was

conveyed or concealed or detained.

Place of 182. When it is uncertain in which of several local areas an offence

inquiry or
trial where was committed, or
scene of where an offence is committed partly in one local area and partly in
offence is
uncertain another, or
or not in
where an offence is a continuing one, and continues to be
one
district committed in more local areas than one, or
only or
where it consists of several acts done in different local areas,
where
offence is it may be inquired into or tried by a Court having jurisdiction over
continuing
any of such local areas.
or
consists
of several
acts

Offence 183. An offence committed whilst the offender is in the course of

committed
on a performing a journey or voyage may be inquired into or tried by a
journey Court through or into the local limits of whose jurisdiction the
offender, or the person against whom, or the thing in respect of

which, the offence was committed, passed in the course of that

journey or voyage.

Repealed 184. [Repealed by section 3 and 2nd Schedule of the Federal Laws
(Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).]

High Court 185.(1) Whenever a question arises as to which of two or more

Division to
decide, in Courts subordinate to 213 [* * *] High Court Division ought to inquire
case of into or try any offence, it shall be decided by 214
[the] High Court
doubt,
Division.
district
where (2). [Omitted by section 3 and 2nd Schedule of the Bangladesh
inquiry or
trial shall Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
take place

Power to 186.(1) When 215[a Metropolitan Magistrate] 216[or a Magistrate of the

issue
summons first class], sees reason to believe that any person within the local
or warrant limits of his jurisdiction has committed without such limits (whether
for offence
within or without Bangladesh, an offence which cannot, under the
committed
beyond provisions of sections 177 to 217 [183] (both inclusive), or any other
local
law for the time being in force, be inquired into or tried within such
jurisdiction
local limits, but is under some law for the time being in force triable
in Bangladesh, 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.

Magistrate's (2) When there are more Magistrates than one having such
procedure
on arrest jurisdiction and the Magistrate acting under this section cannot
satisfy himself as to the Magistrate to or before whom such person

should be sent or bound to appear, the case shall be reported for

the orders of the High Court Division.

Procedure 187.(1) If the person has been arrested under a warrant issued
where
warrant under section 186 by a Magistrate 218[such Magistrate shall send the
issued by person arrested to the Chief Metropolitan Magistrate or the Chief
subordinate
Judicial Magistrate] to whom he is subordinate, unless the
Magistrate
Magistrate having 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.

(2) If the offence which the person arrested is alleged or suspected

to have committed is one which may be inquired into or tried by any

Criminal Court in the same district other than that of the Magistrate
acting under section 186 such Magistrate shall send such person to

such Court.

Liability 188. When a citizen of Bangladesh commits an offence at any place

for
offences without and beyond the limits of Bangladesh, or
committed 219
[* * *]
outside
Bangladesh When any person commits an offence on any ship or aircraft
registered in Bangladesh wherever it may be,

he may be dealt with in respect of such offence as if it had been

 committed at any place within Bangladesh at which he may be

found:

Political Provided that notwithstanding anything in any of the preceding

Agents to
certify sections of this Chapter no charge as to any such offence shall be
fitness of inquired into in Bangladesh 220 [except with the sanction of the
inquiry
Government]:
into
charge Provided, also, that any proceedings taken against any person
under this section which would be a bar to subsequent proceedings

against such person for the same offence if such offence had been

committed in Bangladesh shall be a bar to further proceedings

against him under 221 [the Extradition Act, 1974], in respect of the

same offence in any territory beyond the limits of Bangladesh.

Power to 189. Whenever any such offence as is referred to in section 188 is

direct
copies of being inquired into or tried, the Government may, if it thinks fit, direct
depositions that copies of depositions made or exhibits produced before 222[* * *]
and
a judicial officer in or for the territory in which such offence is alleged
exhibits to
be to have been committed shall be received as evidence by the Court
received
holding such inquiry or trial in any case in which such Court might
in
evidence issue a commission for taking evidence as to the matters to which
such depositions or exhibits relate.

B.-Conditions requisite for Initiation of Proceedings

Cognizance 190.(1) Except as hereinafter provided, any 223

[Chief Metropolitan
of
offences Magistrate,] 224 [Metropolitan Magistrate], 225 [Chief Judicial
by Magistrate, Magistrate of the first class, and any other Magistrate
Magistrates
specially empowered in this behalf under sub-section (2) or (3)],

may take cognizance of any offence-

 (a) upon receiving a complaint of facts which constitute such

offence;

(b) upon a report in writing of such facts made by any police-officer;

(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.
226 [(2) the Government may, and subject to any general or special

order issued in this behalf by the High Court Division, the Chief
Judicial Magistrate may empower any Magistrate of the second or

third class to take cognizance under sub-section (1) clause (a) or

clause (b) of offences which he may try or send for trial]

(3) The Government may empower any Magistrate of the 227 [***]

second class to take cognizance under sub-section (1), clause (c),

of offences for which he may try or 228[send] for trial.

229
[(4) Notwithstanding anything contained to the contrary in this
section or elsewhere in this Code, the Government may, by an order

specifying the reasons and period stated therein, empower any

Executive Magistrate to take cognizance under clause (a), (b) or (c)

or sub-section (1), of offences and the Executive Magistrate shall

send it for trial to the court of competent jurisdiction.]

Transfer 191. When a Magistrate takes cognizance of an offence under sub-

230[***] on

application section (1), clause (c), of the preceding section, the accused shall,
of before any evidence is taken, be informed that he is entitled to have
accused
the case tried by another Court, and if the accused, or any of the
accused if there be more than one, objects to being tried by such

Magistrate, the case shall, instead of being tried by such Magistrate,

be 231
[sent] to the Court of Session or transferred to another

Magistrate.
Transfer of 192.(1) 232
[ 233
[The Chief Metropolitan Magistrate], or 234
[any Chief
cases by
Magistrates Judicial Magistrate] may transfer any case, of which he has taken

cognizance, for inquiry or trial, to any Magistrate sub-ordinate to

him.

(2) Any 235

[Chief Judicial 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 accused or 236[send] him for trial;

and such Magistrate may dispose of the case accordingly.

Cognizance 193.(1) Except as otherwise expressly provided by this Code or by

offences
by Courts any other law for the time being in force, no Court of Session shall
of Session take cognizance of any offence as a Court of original jurisdiction

unless the accused has been 237 [sent] to it by a Magistrate duly

empowered in that behalf.

(2) Additional Sessions Judges and 238

[Joint] Sessions Judges shall
try such cases only as the 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.

Omitted 194. [Omitted by section 2 and Schedule of the Law Reforms

Ordinance, 1978 (Ordinance No. XLIX of 1978).]

Prosecution 195.(1) No Court shall take cognizance:-

for
contempt (a) of any offence punishable under sections 172 to 188 of the Penal
of lawful Code, except on the complaint in writing of the public servant
authority
of public concerned, or of some other public servant to whom he is
servants subordinate;

Prosecution (b) of any offence punishable under any of the following sections of
for certain
offences the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205,
against
public 207, 208, 209, 210, 211 and 228, when such offence is alleged to
justice have been committed in, or in relation to, any proceeding in any

Court, except on the complaint in writing of such Court or of some

other Court to which such Court is subordinate; or

Prosecution (c) of any offence described in section 463 or punishable under

for certain
offences section 471, section 475 or section 476 of the same Code, when
relating to such offence is alleged to have been committed by a party to any
documents
proceeding in any Court in respect of a document produced or given
given in
evidence in evidence in such proceeding, except on the complaint in writing of

such Court, or of some other Court to which such Court is

subordinate.

(2) In clauses (b) and (c) of sub-section (1), the term "Court"

includes a Civil, Revenue or Criminal Court, but does not include a

Registrar or Sub-Registrar under the 239[Registration Act, 1908].

(3) For the purposes of this section, a Court shall be deemed to be

subordinate to the Court to which appeals ordinarily lie from the

appealable decrees or sentences of such former Court, or in the

case of a Civil Court from whose decrees no appeal ordinarily lies to

the principal Court having ordinary original civil jurisdiction within the

local limits of whose jurisdiction such Civil Court is situate:

Provided that-

(a) where appeals lie to more than one Court, the Appellate Court of

inferior jurisdiction shall be the Court to which such court shall be

deemed to be subordinate; and

(b) where appeals lie to a Civil and also to a Revenue Court, such
Court shall be deemed to be subordinate to the Civil or Revenue

Court according to the nature of the case or proceeding in

 connection with which the offence is alleged to have been

committed.

(4) The provisions of sub-section (1), with reference to the offences

named therein, apply also to criminal conspiracies to commit such

offences and to the abetment of such offences, and attempts to

commit them.

(5) Where a complaint has been made under sub-section (1), clause

(a), by a public servant, any authority to which such public servant is

subordinate may order the withdrawal of the complaint and, if it does

so, it shall forward a copy of such order to the Court and, upon

receipt thereof by the Court, no further proceedings shall be taken

on the complaint.

Prosecution 196. No Court shall take cognizance of any offence punishable

for
offences under Chapter VI or IXA of the Penal Code (except section 127), or
against punishable under section 108A, or section 153A, or section 294A, or
the State
section 295A or section 505 of the same Code, unless upon

complaint made by order of, or under authority from, the

240
[Government, or some officer empowered in this behalf by the
Government].

Prosecution 241
[196A. No Court shall take cognizance of the offence of criminal
for certain
classes of conspiracy punishable under section 120B of the Penal Code,
criminal (1) in a case where the object of the conspiracy is to commit either
conspiracy
an illegal act other than an offence, or a legal act by illegal means,
or an offence to which the provisions of section 196 apply, unless

upon complaint made by order or under authority from the

242
[Government, or some officer empowered in this behalf by the
Government], or.

(2) in a case where the object of the conspiracy is to commit any

 non-cognizable offence, or a cognizable offence not punishable with

death, transportation or rigorous imprisonment for a term of two

years or upwards, unless the 243 [Government, 244 [***] or a] District

Magistrate empowered in this behalf by the Government, has, by

order in writing consented to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the

provisions of sub-section (4) of section 195 apply no such consent

shall be necessary.]

Preliminary 245 [196B. In the case of any offence in respect of which the
inquiry in
certain provisions of section 196 or section 196A apply, [
246 247
[***] a District
cases Magistrate may, notwithstanding anything contained in those

sections or in any other part of this Code, order a preliminary

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).]

Prosecution 197.(1) When any person who is a Judge within the meaning of
of Judges
and public section 19 of the Penal Code, or when any Magistrate, or when any
servants public servant who is not removable from his office save by or with

the sanction of the Government, is accused of any offence alleged

to have been committed by him while acting or purporting to act in

the discharge of his official duty, no Court shall take cognizance of

such offence except with the 248 [previous sanction of the

Government]-
249 [* * *]

Power of (2) 250 [The Government] may determine the person by whom, the
Government
as to manner in which, the offence or offences for which, the prosecution
prosecution of such Judge, Magistrate or public servant is to be conducted, and
 may specify the Court before which the trial is to be held.

Prosecution 198. No Court shall take cognizance of an offence falling under

for breach
of Chapter XIX or Chapter XXI of the Penal Code or under sections
contract, 493 to 496 (both inclusive) of the same Code, except upon a
defamation
complaint made by some person aggrieved by such offence:
and
offences Provided that, where the person so aggrieved is a woman who,
against
marriage according to the customs and manners of the country, ought not to
be compelled to appear in public, or where such person is under the

age of eighteen years or is an idiot or lunatic, or is from sickness or

infirmity unable to make a complaint, some other person may, with

the leave of the Court, make a complaint on his or her behalf:

Provided further that where the husband aggrieved by an offence

under section 494 of the said code is serving in any of the armed
forces of Bangladesh under conditions which are certified by the

Commanding Officer as precluding him from obtaining leave of

absence to enable him to make a complaint in person, some other

persons authorized by the husband in accordance with the

provisions of sub-section (1) of section 199B may, with the leave of

the Court, make a complaint on his behalf.

Prosecution 199. No Court shall take cognizance of an offence under section

for
adultery or 497 or section 498 of the Penal Code, except upon a complaint
enticing a made by the husband of the woman, or, in his absence, made with
married
the leave of the Court by some person who had care of such woman
woman
on his behalf at the time when such offence was committed:

Provided that, where such husband is under the age of eighteen

years, or is an idiot or lunatic, or is from sickness or infirmity unable

to make a complaint, some other person may, with the leave of the

Court, make a complaint on his behalf:

 Provided further that where such husband is serving in any of the

armed forces of Bangladesh under conditions which are certified by

his Commanding Officer as precluding him from obtaining leave of

absence to enable him to make a complaint in person, and where

for any reason no complaint has been made by a person having

care of the woman as aforesaid, some other person authorized by

the husband in accordance with the provisions of sub-section (1) of

section 199B may, with the leave of the Court, make a complaint on
his behalf.

Objection 251
[199A. When in any case falling under section 198 or section 199,
by lawful
guardian the person on whose behalf the complaint is sought to be made is
to under the age of eighteen years or is a lunatic, and the person
compliant
applying for leave has not been appointed or declared by competent
by person
other than authority to be the guardian of the person of the said minor or
person
lunatic, and the Court is satisfied that there is a guardian so
aggrieved
appointed or declared, notice shall be given to such guardian, and

the Court shall, before granting the application, give him a

reasonable opportunity of objecting to the granting thereof.]

Form of 252
[199B.(1) The authorization of a husband given to another person
authorization
under to make a complaint on his behalf under the second proviso to
second section 198 or the second proviso to section 199 shall be in writing,
proviso to
shall be signed or otherwise attested by the husband, shall contain
section
198 or 199 a statement to the effect that he has been informed of the

allegations upon which the complaint is to be founded, shall be

countersigned by the Officer referred to in the said provisos, and

shall be accompanied by a certificate signed by that Officer to the

effect that leave of absence for the purpose of making a complaint in

person cannot for the time being be granted to the husband.

 (2) Any document purporting to be such an authorization and

complying with the provisions of sub-section (1), and any document

purporting to be a certificate required by that sub-section shall,

unless the contrary is proved, be presumed to be genuine, and shall

be received in evidence.]

CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES

Examination 200. A Magistrate taking cognizance of an offence on complaint

of
complainant shall at once examine 253[upon oath the complainant and such of the

witnesses present, if any, as he may consider necessary,] and the

substance of the examination shall be reduced to writing and shall

be signed 254
[by the complainant or witness so examined], and also
by the Magistrate:

Provided as follows:-

(a) when the complaint is made in writing, nothing herein contained

shall be deemed to require 255 [such examination] before transferring

the case under section 192;

(aa) when the complaint is made in writing nothing herein contained

shall be deemed to require 256 [such examination] in any case in

which the complaint has been made by a Court or by a public

servant acting or purporting to act in the discharge of his official

duties;
257
[* * *]

(c) when the case has been transferred under section 192 and the
Magistrate so transferring it has already 258 [examined the

complainant and witness if any,] the Magistrate to whom it is so

transferred shall not be bound to 259[re-examine them].

Procedure 201.(1) If the complaint has been made in writing to a Magistrate
by
Magistrate who is not competent to take cognizance of the case, he shall return
not the complaint for presentation to the proper Court with an
competent
endorsement to that effect.
to take
cognizance (2) If the complaint has not been made in writing, such Magistrate
of the
case shall direct the complainant to the proper Court.

Postponement 202.(1) Any Magistrate, on receipt of a complaint of an offence of he

for issue
of process is authorized to take cognizance, or which has been transferred to
him under section 192, may, if he thinks fit, for reasons to be

recorded in writing, postpone the issue of process for compelling the

attendance of the person complained against, and either inquire into

the case himself or, if he is a Magistrate other than a Magistrate of

the third class, direct an inquiry or investigation to be made by any

Magistrate subordinate to him, or by a police-officer, or by such

other person as he thinks fit, for the purpose of ascertaining the

truth of falsehood of the complaint:

Provided that, save where the complaint has been made by a Court,

no such direction shall be made unless the 260 [provisions of section

200 have been complied with] 261[:

262
[* * *]]
263 [Provided further that where it appears to the Magistrate that the

offence complained of is triable exclusively by a Court of Session,

the Magistrate may postpone the issue of process for compelling the
attendance of the person complained against and may make or

cause to be made an inquiry or investigation as mentioned in this

sub-section for the purpose of ascertaining the truth or falsehood of

the complaint.]

(2) If any inquiry or investigation under this section is made by a

 person not being a Magistrate or a police-officer, such person shall

exercise all the powers conferred by this Code on an officer in

charge of a police-station, except that he shall not have power to

arrest without warrant.

(2A) Any Magistrate inquiring into a case under this section may, if
he thinks, fit, take evidence of witnesses on oath 264[:

Provided that if it appears to the Magistrate that the offence

complained of is triable exclusively by the Court of Session, he shall

call upon the complainant to produce all his witnesses and examine
them on oath.]
265 [(2B) Where the police submits the final report, the Magistrate

shall be competent to accept such report and discharge the

accused.]

Dismissal 203. The Magistrate before whom a complaint is made or to whom it

of
complaint has been transferred, may dismiss the complaint, if after considering

the statement on oath (if any) of the complainant and the result of
the investigation or inquiry (if any) under section 202; there is in his

judgment no sufficient ground for proceeding. In such cases he shall

briefly record his reasons for so doing.

CHAPTER XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Issue of 204.(1) If in the opinion of a Magistrate taking cognizance of an

process
offence there is sufficient ground for proceeding, and the case
appears to be one in which, according to the fourth column of the

second schedule, a summons should issue in the first instance, he

shall issue his summons for the attendance of the accused. If the

case appears to be one in which, according to that column, a

warrant should issue in the first instance, he may issue a warrant,

 or, if he thinks fit, a summons, for causing the accused to be brought

or to appear at a certain time before such Magistrate or (if he has

not jurisdiction himself) some other Magistrate having jurisdiction.
266 [(1A) No summons or warrant shall be issued against the accused

under sub-section (1) until a list of the prosecution witnesses has

been filed.

(1B) In a proceeding instituted upon a complaint made in writing,

every summons or warrant issued under sub-section (1) shall be

accompanied by a copy of such complaint.]

(2) Nothing in this section shall be deemed to affect the provisions of

section 90.

(3) When by any law for the time being in force any process fees or

other fees are payable, no process shall be issued until the fees are
paid, and, if such fees are not paid within a reasonable time, the

Magistrate may dismiss the complaint.

Magistrate 205.(1) Whenever a Magistrate issues a summons, he may, if he

may
dispense sees reason so to do, dispense with the personal attendance of the
with accused, and permit him to appear by his pleader.
personal
attendance (2) But the Magistrate inquiring into or trying the case may, in his
of discretion, at any stage of the proceedings, direct the personal
accused
attendance of the accused, and, if necessary, enforce such

attendance in manner hereinbefore provided.

[Omitted] 267 [205A and 205B. [Omitted by section 13 of the Code of Criminal
& 205B.
[Omitted] Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.

XXIV of 1982).]

Transfer of 205C. When in a case instituted on a police report or otherwise, the

case of
Court of accused appears or is brought before the Magistrate and it appears
Session to the Magistrate that the offence is triable exclusively by the Court
when
offence is of Session, he shall-
trial (a) send the case to the Court of Session;
exclusively
by it (b) subject to the provisions of this Code relating to bail, remand the
accused to custody during, and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and

articles, if any, which are to be produced in evidence;

(d) notify the Public Prosecutor of the transfer of the case to the
Court of Session.

Transfer of 269
[205CC.(1) When in a case instituted on a police report or
case to
268
[Chief otherwise, the accused appears or is brought before the Magistrate
Metropolitan and it appears to the Magistrate that the offence is triable
Magistrate,
exclusively by the 270 [Chief Metropolitan Magistrate,] 271 [ or Chief
Chief
Judicial Judicial Magistrate], he shall-
Magistrate],
etc. (a) send the case to the 272
[Chief Metropolitan Magistrate or, as the
case may be, 273[Chief Judicial Magistrate];

(b) subject to the provisions of this Code relating to bail, remand the

accused to custody during, and until the conclusion of, the trial;

(c) send to the [Chief Metropolitan Magistrate or, as the case may

be, 274
[Chief Judicial Magistrate] the record of the case and the
documents and articles, if any, which are to be produced in

evidence.

(2) The 275

[Chief Judicial Magistrate or the Chief Metropolitan
Magistrate] may direct that any case received by him under sub-

section (1) or any class of such cases shall be heard by any

276
[Additional Chief Metropolitan Magistrate or, Additional Chief
Judicial Magistrate] subordinate to him.]
Procedure 205D.(1) When in a case instituted otherwise than on a police report
to be
followed (hereinafter referred to as a complaint case), it is made to appear to
when the Magistrate, during the course of the inquiry or trial held by him,
there is a
that an investigation by the police is in progress in relation to the
complaint
case and offence which is the subject-matter of the inquiry or trial held by him,
police
the Magistrate shall stay the proceedings of such inquiry or trial and
investigation
in respect call for a report on the matter from the police-officer conducting the
of the
investigation.
same
offence (2) If a report is made by the investigating police-officer under

section 173 and on such report cognizance of any offence is taken

by the Magistrate against any person who is an accused in the

complaint case, the Magistrate shall inquire into or try together the

complaint case and the case arising out of the police report as if
both the cases were instituted on a police report.

(3) If the police report does not relate to any accused in the

complaint case or if the Magistrate does not take cognizance of any

offence on the police report, he shall proceed with the inquiry or trial,

which was stayed by him, in accordance with the provisions of this

Code].

CHAPTER XVIII
OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH
COURT DIVISION

(206-220) [Omitted by section 2 and Schedule of the Law Reforms Ordinance,

Omitted
1978 (Ordinance No. XLIX of 1978).]

CHAPTER XIX
OF THE CHARGE

Form of Charges
Charge to 221.(1) Every charge under this Code shall state the offence with
state
offence which the accused is charged.

Specific (2) If the law which creates the offence gives it any specific name,
name of
offence the offence may be described in the charge by that name only.
sufficient
description

How (3) If the law which creates the offence does not give it any specific
stated
where name, so much of the definition of the offence must be stated as to
offence give the accused notice of the matter with which he is charged.
has no
specific (4) The law and section of the law against which the offence is said
name
to have been committed shall be mentioned in the charge.

What (5) The fact that the charge is made is equivalent to a statement that
implied in
charge every legal condition required by law to constitute the offence

charged was fulfilled in the particular case.

Language (6) The charge shall be written either in English or in the language
of charge
of the Court.

Previous (7) If the accused having been previously convicted of any offence is
conviction
when to liable, by reason of such previous conviction, to enhanced
be set out punishment, or to punishment of a different kind, for a subsequent

offence, and it is intended to prove such previous conviction for the

purpose of affecting the punishment which the Court may think fit to
award for the subsequent offence, the fact, date and place of the

previous conviction shall be stated in the charge. If such statement

has been omitted, the Court may add it at any time before sentence

is passed.

Illustrations
 (a) A is charged with the murder of B. This equivalent to a statement
that A's act fell within the definition of murder given in sections 299

and 300 of the Penal Code; that it did not fall within any of the

general exceptions of the same Code; and that it did not fall within
any of the five exceptions to section 300, or that, if it did fall within

Exception 1, one or other of the three provisions to that exception

apply to it.

(b) A is charged, under section 326 of the Penal Code with

voluntarily causing grievous hurt to B by means of an instrument for

shooting. This is equivalent to a statement that the case was not

provided for by section 335 of the Penal Code, and that the general

exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, adultery or

criminal intimidation, or using a false property-mark. The charge

may state that A committed murder, or cheating, or theft, or

extortion, or adultery, or criminal intimidation, or that he used a false

property-mark, without reference to the definitions of those crimes

contained in the Penal Code; but the sections under which the

offence is punishable must, in each instance, be referred to in the

charge.

(d) A is charged, under section 184 of the Penal Code with

intentionally obstructing a sale of property offered for sale by the

lawful authority of a public servant. The charge should be in those

words.

Particulars 222.(1) The charge shall contain such particulars as to the time and
as to time,
place and place of the alleged offence, and the person (if any) against whom,
person or the thing (if any) in respect of which, it was committed, as are

reasonably sufficient to give the accused notice of the matter with