CrPC 229: Section 229 of the Criminal Procedure Code
Conviction on plea of guilty
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
CrPC 45: Section 45 of the Criminal Procedure Code
Protection of members of the Armed Forces from arrest
- Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
- The State Government may, by notification, direct that the provisions of Sub-Section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that Sub-Section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.
CrPC 228: Section 228 of the Criminal Procedure Code
Framing of charge
- If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-
- is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
- is exclusively triable by the Court, he shall frame in writing a charge against the accused.
- Where the Judge frames any charge under clause (b) of Sub-Section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
CrPC 44: Section 44 of the Criminal Procedure Code
Arrest by Magistrate
- When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
- Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
CrPC 43: Section 43 of the Criminal Procedure Code
Arrest by private person and procedure on such arrest
- Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him 10 be taken in custody to the nearest police station.
- If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.
- 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 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
CrPC 42: Section 42 of the Criminal Procedure Code
Arrest on refusal to give name and residence
- When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable 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.
- 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 India, the bond shall be secured by a surety or sureties resident in India.
- 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.
CrPC 227: Section 227 of the Criminal Procedure Code
Discharge
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
CrPC 40: Section 40 of the Criminal Procedure Code
Duty of officers employed in connection with the affairs of a village to make certain report
- Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting -
- the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;
- 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;
- the Commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145, section 147 or section 148 of the Indian Penal Code (45 of 1860);
- 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;
- the Commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 231 to 238 (both inclusive), sections 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 457, to 460 (both inclusive), sections 489A, 489B, 489C and 489D;
- any matter likely to affect the maintenance of order of 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 State Government, has directed him to communicate information.
- In this section,
- “village” includes village-lands;
- the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 302, 304, 382, 392 to 399 (both inclusive), sections 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);
- the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.
CrPC 226: Section 226 of the Criminal Procedure Code
Opening case for prosecution
When the Accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
CrPC 39: Section 39 of the Criminal Procedure Code
Public to give information of certain offences
- Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely-
- sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);
- sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);
- sections 161 to 165 A, both inclusive (that is to say, offences relating to illegal gratification);
- sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);
- sections 302, 303 and 304 (that is to say, offences affecting life);
va. section 364 A (that is to say, offence relating to kidnapping for ransom, etc.); - section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
- sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
- section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
- sections 431 to 439, both inclusive (that is to say, offence of mischief against property);
- sections 449 and 450 (that is to say, offence of house-trespass);
- sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and
- sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).
Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;
- For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.