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Section 91 CPC - Code of Civil Procedure - Public nuisances and other wrongful acts affecting the public.

 Section 91 CPC Description 1[Public nuisances and other wrongful acts affecting the public] [(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,- (a) by the Advocate General, or (b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.] (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions. 1. Subs. by Act No. 104 of 1976, sec. 30 for the former heading (w.e.f. 1-2-1977).

Section 90 CPC - Code of Civil Procedure - Power to state case for opinion of Court.

 Section 90 CPC Description Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

Section 89 CPC - Code of Civil Procedure - Settlement of disputes outside the Court

 Section 89 CPC Description 1[. (1) Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the court may reformulate the terms of a possible settlement and refer the same for- (a) arbitration; (b) conciliation (c) judicial settlement including settlement through Lok Adalat; or (d) mediation. (2) Where a dispute had been referred- (a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act. (b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in r

Section 88 CPC - Code of Civil Procedure - Where interpleader suit may be reinstituted.

 Section 88 CPC Description Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself: Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

Section 87B CPC - Code of Civil Procedure - Applications of sections 85 and 86 to Rulers of former Indian States.

 Section 87B CPC Description 1[(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceedings arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State].] (2) In this section- (a) "former Indian State" means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this;2[***] 3[(b) "commencement of the Constitution" means the 26th day of January, 1950; and (c) "Ruler" in relation to a former Indian State, has the same meaning as in article 363 of the Constitution.] 1. Subs. by Act 54 of 1972, sec. 3, for sub-section (1) (w.e.f. 9-9-1972). 2. The word "and" omitted by Act 54 of 1972, sec. 3 (w.e.f. 9-9-197

Section 87A CPC - Code of Civil Procedure - Definitions of "foreign State" and "Ruler".

 Section 87A CPC Description (1) In this Part,- (a) "foreign State" means any State outside India which has been recognised by the Central Government; and (b) "Ruler", in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State. (2) Every Court shall take judicial notice of the fact - (a) that a state has or has not been recognized by the Central Government; (b) that a person has or has not been recognized by the Central Government to be the head of a State.

Section 86 CPC - Code of Civil Procedure - Suits against foreign Rulers, Ambassadors and Envoys.

 Section 86 CPC Description (1) No [* * * *]1 foreign State may be sued in any Court otherwise competent to try the suit except with consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property. (2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which 3[the foreign State] may be sued, but it shall to be given, unless it appears to the Central Government that 3[the foreign State]. (a) has instituted a suit in the Court against the person desiring to sue 4[it], or (b) 5[itself] or another, trades within the local limits of the jurisdiction of the Court, or (c) is in possession of immovable property situate within thos

Section 85 CPC - Code of Civil Procedure - Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.

 Section 85 CPC Description (1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by Order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

Section 84 CPC - Code of Civil Procedure - When foreign State may sue

 Section 84 CPC Description A foreign State may sue in any competent Court: Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.

Section 83 CPC - Code of Civil Procedure - When aliens may sue.

 Section 83 CPC Description Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court. Explanation-Every person residing in a foreign country, the Government of i which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

Section 82 CPC - Code of Civil Procedure - Execution of decree.

 Section 82 CPC Description 1[(1) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section (2)]. (2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2[such decree]. 3[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an Order or award as they apply in relation to a decree, if the Order or award- (a) is passed or made against 4[the Union of India] or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority; and (b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were

Section 81 CPC - Code of Civil Procedure - Exemption from arrest and personal appearance.

 Section 81 CPC Description In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity- (a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and (b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

Section 80 CPC - Code of Civil Procedure - Notice.

 Section 80 CPC Description 1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the Government (including the Government of the State of Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been 4[delivered to, or left at the office of]- (a) in the case of a suit against the Central Government, 5[except where it relates to a railway], a Secretary to that Government; 6[7[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway]; 8[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;] (c) in the case of a suit against 9[any other State Government], a Secretary to that Government or the Collector o

Section 79 CPC - Code of Civil Procedure - Suits by or against Government

 Section 79 CPC Description 1[Suits by or against Government In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be- (a) in the case of a suit by or against the Central Government,2[the Union of India], and (b) in the case of a suit by or against a State Government, the State. 1. Subs. A.O. 1948, for section 79. 2. Subs. by the A.O. 1950, for "the Dominion of India".

Section 78 CPC - Code of Civil Procedure - Commissions issued by foreign Courts.

 Section 78 CPC Description 1[ Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issue by or as the instance of- (a) Courts situate in any part of India to which the provisions of this Code do not extend; or (b) Courts established or continued by the authority of the Central Government outside India, or (c) Courts of any State or country outside India.] 1. Subs. by Act 2 of 1951, sec. 11, for section 78 (w.e.f. 1-4-1951).

Section 77 CPC - Code of Civil Procedure - Letter of request.

 Section 77 CPC Description In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within 1[India]. 1. Subs. by Act 2 of 1951, sec. 3, for "the States".

Section 76 CPC - Code of Civil Procedure - Commission to another Court.

 Section 76 CPC Description (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides. (2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the Order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such Order.

Section 75 CPC - Code of Civil Procedure - Power of court to issue commissions.

 Section 75 CPC Description Subject to such conditions and limitations as may be prescribed, the court may issue a commission- (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; 1[(e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.] 1. Ins. by Act No. 104 of 1976, sec. 26 (w.e.f. 1-2-1977).

INDIAN KANOON SECTION 74 CrPC - Code of Criminal Procedure - Warrant directed to police officer

 Description A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

INDIAN KANOON SECTION 73 CrPC - Code of Criminal Procedure - Warrant may be directed to any person

 Description The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. Such person 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, any land or other property under his charge. 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 71.

INDIAN KANOON SECTION 72 CrPC - Code of Criminal Procedure - Warrants to whom directed

 Description A warrant of arrest shall ordinarily be directed to one or more police officers; but the 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. When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

INDIAN KANOON SECTION 71 CrPC - Code of Criminal Procedure - Power to direct security to be taken

 Description Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such 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. The endorsement shall state? the number of sureties; the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; the time at which he is to attend before the Court. Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

INDIAN KANOON SECTION 70 CrPC - Code of Criminal Procedure - Form of warrant of arrest and duration

 Description Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

INDIAN KANOON SECTION 69 CrPC - Code of Criminal Procedure - Service of summons on witness by post

 Description Notwithstanding anything contained in the preceding section of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

INDIAN KANOON SECTION 68 CrPC - Code of Criminal Procedure - Proof of service in such cases and when serving officer not present

 Description When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) 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. The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

INDIAN KANOON SECTION 67 CrPC - Code of Criminal Procedure - Service of summons outside local limits Description

 When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

INDIAN KANOON SECTION 66 CrPC - Code of Criminal Procedure - Service on Government servant

 Description Where the person summoned is in the active service of the Government, 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 the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section. Such signature shall be evidence of due service.

INDIAN KANOON SECTION 65 CrPC - Code of Criminal Procedure - Procedure when service cannot be effected as before provided

 Description If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

INDIAN KANOON SECTION 64 CrPC - Code of Criminal Procedure - Service when persons summoned cannot be found

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

INDIAN KANOON SECTION 63 CrPC - Code of Criminal Procedure - Service of summons on corporate bodies and societies

 Description Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post.

INDIAN KANOON SECTION 62 CrPC - Code of Criminal Procedure - Summons how served

 Description Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

INDIAN KANOON SECTION 61 CrPC - Code of Criminal Procedure - Form of summons

 Description Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.

INDIAN KANOON SECTION 60 CrPC - Code of Criminal Procedure - Powers, on escape, to pursue and re-take

 Description If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. The provisions of section 47 shall apply to arrests under Sub-Section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

INDIAN KANOON SECTION 59 CrPC - Code of Criminal Procedure - Discharge of person apprehended

 Description No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

INDIAN KANOON SECTION 58 CrPC - Code of Criminal Procedure - Police to report apprehensions

 Description Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional 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.

INDIAN KANOON SECTION 57 CrPC - Code of Criminal Procedure - Person arrested not to be detained more than twenty-four hours

 Description No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

INDIAN KANOON SECTION 56 CrPC - Code of Criminal Procedure - Person arrested to be taken before Magistrate or officer in charge of police station

 Description A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, lake or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

INDIAN KANOON SECTION 55 CrPC - Code of Criminal Procedure - Procedure when police officer deputes subordinate to arrest without warrant

 Description When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and 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. Nothing in Sub-Section (1) shall affect the power of a police officer to arrest a person under section 41.

INDIAN KANOON SECTION 54A CrPC - Code of Criminal Procedure - Identification of person arrested

 Description Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit. Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with;1 Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be video graphed.1 1 Criminal Law (Amendment) Act, 2013

INDIAN KANOON SECTION 54 CrPC - Code of Criminal Procedure - Examination of arrested person by medical practitioner at the request of the arrested person

 Description When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice. Where an examination is made under Sub-Section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrest person or the person nominated by such arrested person.

INDIAN KANOON SECTION 53A CrPC - Code of Criminal Procedure - Examination of person accused of rape by medical practitioner

 Description When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following

INDIAN KANOON SECTION 53 CrPC - Code of Criminal Procedure - Examination of accused by medical practitioner at the request of police officer

 Description When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

INDIAN KANOON SECTION 52 CrPC - Code of Criminal Procedure - Power to seize offensive weapons

 Description The officer or other person making any arrest under this Code may taken from the person arrested any offensive weapons which he 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.

INDIAN KANOON SECTION 51 CrPC - Code of Criminal Procedure - Search of arrested persons

 Description Whenever a person is arrested by a police officer under a 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 arrests 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 and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

INDIAN KANOON SECTION 50A CrPC - Code of Criminal Procedure - Obligation of person making arrest to inform about the arrest etc., to a nominated person

 Description Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station. An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of Sub-Section (2) and Sub-Section (3) have been complied with in respect of such arrested person.

INDIAN KANOON SECTION 50 CrPC - Code of Criminal Procedure - Person arrested to be informed of grounds of arrest and of right to bail

 Description Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

INDIAN KANOON SECTION 49 CrPC - Code of Criminal Procedure - No unnecessary restraint

 Description The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

INDIAN KANOON SECTION 48 CrPC - Code of Criminal Procedure - Pursuit of offenders into other jurisdictions

 Description A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

INDIAN KANOON SECTION 47 CrPC - Code of Criminal Procedure - Search of place entered by person sought to be arrested

 Description If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable facilities for a search therein. If ingress to such place cannot be obtained under Sub-Section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained 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 a

INDIAN KANOON SECTION 46 CrPC - Code of Criminal Procedure - Arrest how made

 Description In making an arrest the police officer or other person making 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. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all me ans necessary to effect the arrest. 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 imprisonment for life. Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

INDIAN KANOON SECTION 45 CrPC - Code of Criminal Procedure - Protection of members of the Armed Forces from arrest

 Description 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.

INDIAN KANOON SECTION 44 CrPC - Code of Criminal Procedure - Arrest by Magistrate

 Description 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.

INDIAN KANOON SECTION 43 CrPC - Code of Criminal Procedure - Arrest by private person and procedure on such arrest

 Description 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.

INDIAN KANOON SECTION 42 CrPC - Code of Criminal Procedure - Arrest on refusal to give name and residence

 Description 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.

INDIAN KANOON SECTION 41 CrPC - Code of Criminal Procedure - When police may arrest without warrant

 Description Any police officer may without an order from a Magistrate and without a warrant, arrest any person; who has been concerned in any cognizable 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; or who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or who has been proclaimed as an offender either under this Code or by order of the State Government; or in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

INDIAN KANOON SECTION 40 CrPC - Code of Criminal Procedure - Duty of officers employed in connection with the affairs of a village to make certain report

 INDIAN KANOON SECTION 40 CrPC - Code of Criminal Procedure - Duty of officers employed in connection with the affairs of a village to make certain report

INDIAN KANOON SECTION 39 CrPC - Code of Criminal Procedure - Public to give information of certain offences

 Description 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 165A, 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 364A (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)

INDIAN KANOON SECTION 38 CrPC - Code of Criminal Procedure - Aid to person other than police officer, executing warrant

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

INDIAN KANOON SECTION 37 CrPC - Code of Criminal Procedure - Public when to assist Magistrates and police

 Description Every person is bound to assist a Magistrate or police officer reasonably demanding his aid? in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or 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.

INDIAN KANOON SECTION 36 CrPC - Code of Criminal Procedure - Powers of superior officers of police

 Description Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

INDIAN KANOON SECTION 35 CrPC - Code of Criminal Procedure - Powers of Judges and Magistrates exercisable by their successors-in-office

 Description Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

INDIAN KANOON SECTION 34 CrPC - Code of Criminal Procedure - Withdrawal of powers

 Description The High Court or the state Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it. Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

INDIAN KANOON SECTION 33 CrPC - Code of Criminal Procedure - Powers of officers appointed

 Description Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government 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 under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointe

INDIAN KANOON SECTION 32 CrPC - Code of Criminal Procedure - Mode of conferring powers

 Description In conferring powers under this Code, the High Courts or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles. Every such order shall take effect from the date on which it is communicated to the person so empowered.

INDIAN KANOON SECTION 31 CrPC - Code of Criminal Procedure - Sentence in cases of conviction of several offences at one trial

 Description When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. 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 that? in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; the aggregate punishment shall not exceed twice the amount of punishment whi

INDIAN KANOON SECTION 30 CrPC - Code of Criminal Procedure - Sentence of imprisonment in default of fine

 Description The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law; Provided that the term? is not in excess of the powers of the Magistrate under section 29; shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 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 29.

INDIAN KANOON SECTION 29 CrPC - Code of Criminal Procedure - Sentences which Magistrates may pass

 Description The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both. The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

INDIAN KANOON SECTION 28 CrPC - Code of Criminal Procedure - Sentences which High Courts and Sessions Judges may pass

 Description A High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

INDIAN KANOON SECTION 27 CrPC - Code of Criminal Procedure - Jurisdiction in the case of juveniles

 Description Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

Order 26 CPC - Code of Civil Procedure - COMMISSIONS

 Order 26 CPC Description Commissions to examine witnesses 1. Cases in which Court may issue commission to examine witness Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it: 1[Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do. Explanation-The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infertility of any person, without calling the medical practitioner as a witness.] 1. Ins, by Act No. 104 of 1976, sec. 75 (w.e.f. 1-2-1977). HIGH COURT AMENDMENT Allahabad.-In Order XXVI, for rule 1, substitute the following rule, namely:- "1. Commission to exam

Order 25 CPC - Code of Civil Procedure - SECURITY FOR COSTS

 Order 25 CPC Description 1[1. When security for costs may be required from plaintiff (1) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, Order the plaintiff, for reasons to be recorded to give within the time fixed by it security for the payment of all costs incurred and likely to be incurred by any defendant: Provided that such an Order shall be made in all cases in which it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiff are, residing out of India and that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable property with India other than the property in suit. (2) Whoever leaves India under such circumstances as to afford reasonable probability that he will not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of India within the meaning of the proviso to sub-rule (1).] 1

Order 24 CPC - Code of Civil Procedure - PAYMENT INTO COURT

 Order 24 CPC Description 1. Deposit by defendant of amount in satisfaction of claim The defendant in any suit to recover a debt or damage may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim. 2. Notice of deposit Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application. 3. Interest on deposit not allowed to plaintiff after notice No interest shall be allowed to the plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the sum deposited is in full of the claim or falls short thereof. 4. Procedure where plaintiff accepts deposit as satisfaction in part (1) Where the plaintiff accepts such amount as satisfaction in part only of his claim he may prosecute suit for the balance; and, if the Court decides that the deposit by the defen

Order 23 CPC - Code of Civil Procedure - WITHDRAWAL AND ADJUSTMENT OF SUITS

 Order 23 CPC Description 1[1. Withdrawal of suit or abandonment of part of claim (1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim: Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court. (2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person. (3) Where the Court is satisfied,- (a) that a suit must fail by reason of some formal defect, or (b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the