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The Code of Criminal Procedure, 1973

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES



6. Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

7. Territorial divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts :

Provided that every Metropolitan area shall, for the said purposes, be a separate sessions division and district.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a Metropolitan area for the purposes of this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.

Explanation.-In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

9. Court of Session

(1) the State Government shall establish a Court of Session for every sessions division.

(2) Every Court of Session shall be prescribed over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court 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 the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation – For the purposes of this Code, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

STATE AMENDMENTS

In Uttar Pradesh, w.e.f. 1st May, 1984

After sub-section (5), the following sub-section shall be inserted: -

"(5A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from his place at which his Court is held, the senior most among the Additional Sessions Judges, and the Assistant Sessions Judges present at the place, and in their absence of the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of the office of the Sessions Judge and continue in charge there of until the office is resumed by the sessions judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge."

In sub-section (6), the following proviso shall be inserted: -

"Provided that the Court of Sessions may hold, or the High Court may direct the Court of Session to hold its sitting in any particular case at any place in the Sessions Division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary."

In West Bengal

In sub-section (3) of section 9, the following provisos shall be added:-

"Provided that notwithstanding anything to the contrary contained in the Code, Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of session 116 sections 193 and, clause (a) of section 209 and sections 409, 439 and 449:

Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code."

10. Subordination of Assistant Sessions Judges

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.

(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

11. Courts of Judicial Magistrates

(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:

2[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

STATE AMENDMENTS

In Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep, w.e.f. 30th March, 1974

In sub-section (3) of section 11, for the words "any member of the Judicial Service of the State functioning as a Judge in a Civil Court" the words "any person discharging the functions of a Civil Court", shall be substituted.

In Bihar, w.e.f. 10th January, 1977

After sub-section (3), the following sub-section shall be inserted: -

"(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases of particular class or categories of cases."

In Haryana, w.e.f. 24th February, 1976

After sub-section (1), the following sub-section shall be inserted:-

"(1A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases or particular class or classes of cases, or to cases generally in any local area."

In Kerala

After sub-section (1), the following sub-section shall be inserted and shall be deemed to have been in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978:-

"(1A) The State Government may likewise establish as many special Courts of Judicial Magistrate of First Class in respect to particular cases or to a particular class or particulars classes of cases or in regard to cases generally, in any local area.

Validation.- Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid."

In Punjab, w.e.f. 14th April, 1978

In sub-section (1) the following sub-section shall be inserted:-

"(1A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area."

In Rajasthan, w.e.f. 13th September, 1977

In sub-section (1), the following new sub-section shall be inserted: -

"(1A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area."

In Uttar Pradesh, w.e.f. 30th April, 1976

After sub-section (1), the following sub-section shall be inserted: -

"(1A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area."

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

(3)(a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the sub-divisional Judicial Magistrate arid relieve him of the responsibilities specified in this section as occasion requires.

(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

STATE AMENDMENTS

In Nagaland, w.e.f. 3rd July, 1975

In sub-sections (1), (2) and (3) the words "High Court" shall be substituted by the words "State Government" wherever they occur.

In Uttar Pradesh, w.e.f. 1st May, 1984

After sub-section (3), the following sub-section shall be inserted: -

"(4) Where the office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrate and other judicial Magistrates present at the place, and in their absence the district magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate."

13. Special Judicial Magistrates

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 3[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:]

Provided that no such power shall be conferred on a person unless he posses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

4(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]

In Andhra Pradesh

In sub-section (2), for the words "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted and in the said sub-section the following proviso shall be added:-

"Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment."

In Bihar, w.e.f. 10th January, 1977

In section 13 for the words "in any district", the words "in any local area" shall be substituted.

In Haryana, w.e.f. 24th February, 1976

In sub-section (1) for the words "second class", the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

In Himachal Pradesh, w.e.f. 13th November, 1976

In section 13 for the words "in any district" the words "in any local area" shall be substituted.

In Punjab, w.e.f. 14th April, 1978

In sub-section (1) for the words "second class" the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

In Uttar Pradesh, w.e.f. 5th January, 1976

In sub-section (1) for the words "second class" the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

14. Local Jurisdiction of Judicial Magistrates

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of die powers with which they may respectively be invested under this Code:

5[Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established].

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

5[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.]

STATE AMENDMENT

In Maharashtra, w.e.f. 10th June, 1976

After section 14, the following section shall be inserted: -

"14A. Investing Judicial Magistrates with jurisdiction in specified cases of local area

The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferrable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally, in any local area, consisting of all or any of the districts specified by it in this behalf."

15. Subordination of Judicial Magistrates

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrate subordinate to him.

STATE AMENDMENT

In Bihar, w.e.f. 10th January, 1977

After sub-section (2), the following sub-section shall be inserted: -

"(3) Any judicial Magistrate exercising powers over any local area extending beyond the district in which he holds hid Court, shall be subordinate to the Chief Judicial Magistrate of the said district and reference in this Code to the Sessions Judge shall be deemed to be references to the Sessions Judge of that district where he holds his Court."

16. Courts to Metropolitan Magistrates

(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

STATE AMENDMENT

In Uttar Pradesh, w.e.f. 1st May, 1984

After sub-section (3), the following sub-section shall be inserted: -

"(4) Where the office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior most among the Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate."

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

18. Special Metropolitan Magistrates

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 6[***] in any metropolitan area within its local jurisdiction

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

7[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.]

STATE AMENDMENTS

In Andhra Pradesh, (date of enforcement to be notified)

In sub-section (2), for the words, "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted and in the said sub-section the following proviso shall be inserted: -

"Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment."

In Maharashtra, w.e.f. 10th June, 1976

In sub-section (1), for the words "in any metropolitan area" the words "in one or more metropolitan areas" shall be substituted.

19. Subordination of Metropolitan Magistrates

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

20. Executive Magistrates

(1) In every district and in every metropolitan area, the State Government may appointed as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 8[such] of the powers of a District Magistrate under this Code or under any other law for the time being in force 9[as may be directed by the State Government].

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

(5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.

STATE AMENDMENT

In Uttar Pradesh, w.e.f. 1st May, 1984

After sub-section (5), the following sub-section shall be inserted: -

"(6) The State Government may delegate its powers under sub-section (4) to the District Magistrate."

21. Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.

22. Local jurisdiction of Executive Magistrates

(1) Subject to the control of the State Government, the District Magistrate may from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

23. Subordination of Executive Magistrates

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

10[24. Public Prosecutors

(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area.

(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional Public Prosecutors for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).

(6) Notwithstanding anything contain in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.]

STATE AMENDMENTS

In Bihar, w.e.f. 24th August, 1984

For sub-section (6) the following sub-section shall be substituted:-

"(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a regular Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre."

In Haryana

After sub-section (6) the following Explanation shall be inserted: -

"Explanation.- For the purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting Officers."

In Karnataka, w.e.f. 3rd September, 1981

In sub-section (1),-

(1) the words "or the State Government shall", shall be omitted; and

(2) for the words "appoint a Public Prosecutor" the words "or the State Government shall appoint a Public Prosecutor" shall be substituted.

In Madhya Pradesh, w.e.f. 24th May, 1995

(1) in sub-section (6), for the words, 'brackets and figure "Notwithstanding anything contained in sub-section (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978;

(2) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978: -

"(6A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section";

(3) in sub-section (7), after the words, bracket and figure "sub-section (6)", the words, brackets, figure and letter" or sub-section (6-A)" shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and

(4) in sub-section (9), for the words, brackets and figure, "sub-section (7)", the words, brackets, figures and letter "sub-section (6A) and sub-section (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978.

In Maharashtra, w.e.f. 20th May, 1981

In section 24,-

(1) in sub-section (1), the words "after consultation with the High Court" shall be omitted;

(2) in sub-section (4), for the words "in consultation with the Sessions Judge" the words "with the approval of the State Government" shall be substituted.

In Rajasthan, w.e.f. 10th December, 1980

Sub-section (6) shall be substituted by the following: -

"(6) Notwithstanding anything contained in sub-section (5), wherein a State there exists a regular Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre."

In Tamil Nadu, w.e.f. 1st December, 1980

In section 24,-

(a) in sub-section (6), after the words "sub-section (5)" the following shall be inserted: -

"but subject to the provisions of sub-section (6A)";

(b) after sub-section (6) the following sub-section shall be inserted: -

"(6A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been n practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section."

(c) "In sub-section (7), after the words "sub-section (6)" the following words shall be inserted "or sub-section (6A)".

In Uttar Pradesh, w.e.f. 9th October, 1978

In section 24,-

(a) in sub-section (1), after the words "Public Prosecutor" the words, "and one or more Additional Public Prosecutors" shall be inserted and be deemed always to have been inserted.

(b) after sub-section (6), the following sub-section shall be inserted and be deemed always to have been inserted: -

"(7) For the purpose of sub-sections (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor, shall be deemed to be the period during which such person has been in practice as an advocate.

In Uttar Pradesh, w.e.f. 16th February, 1991

In section 24-

(1) in sub-section (1), the words "after consultation with the High Courts" shall be omitted;

(2) sub-sections (4), (5) and (6) shall be omitted;

(3) in sub-section (7), the words "or sub-section (6)" shall be omitted.

In West Bengal

In sub-section (6), for the words "shall appoint a Public Prosecutor or an Additional Public Prosecutor only" the words "may also appoint a Public Prosecutor or an Additional Public Prosecutor" shall be substituted.

In sub-section (6), the proviso shall be omitted.

25. Assistant Public Prosecutors

(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

11[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.]

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case:

Provided that a police officer shall not be so appointed-

(a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) if he is below the rank of Inspector.

STATE AMENDMENTS

In Orissa, w.e.f. 10th March, 1995

In sub-section (2), the following proviso shall be inserted: -

"Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."

In Uttar Pradesh, w.e.f. 30th April, 1976

In sub-section (2), the following proviso shall be inserted and be deemed always to have been inserted: -

"Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."

In West Bengal

For sub-section (3), the following sub-section shall be substituted: -

"(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case,-

(a) where the case is before the Court of Judicial Magistrate in any area in a sub-division, wherein the headquarters of the District Magistrate are situated, by the District Magistrate; or

(b) where the case is before the Court of a Judicial Magistrate in any area in a sub-division, other than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or

(c) where the case is before the Court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by a local officer (other than a police officer) specially authorised by the District Magistrate in this behalf.

Explanation.- For the purposes of this sub-section,-

(i) "advocate" shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);

(ii) "local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).

The Code of Criminal Procedure, 1973

CHAPTER I: PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS

CHAPTER IV : A.-POWERS OF SUPERIOR OFFICERS OF POLICE

B.-AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V : ARREST OF PERSONS

CHAPTER VI : PROCESSES TO COMPEL APPEARANCE

CHAPTER VII : PROCESSES TO COMPEL THE PRODUCTION OF THINGS

15[CHAPTER VII A : RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

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

CHAPTER IX : ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CHAPTER XI : PREVENTIVE ACTION OF THE POLICE

CHAPTER XII : INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER XIII : JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CHAPTER XIV : CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

CHAPTER XV : COMPLAINTS TO MAGISTRATES

CHAPTER XVI : COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVII : THE CHARGE

CHAPTER XVIII : TRIAL BEFORE A COURT OF SESSION

CHAPTER XIX : TRIAL OF WARRANT-CASES BY MAGISTRATES

CHAPTER XX : TRIAL OF SUMMONS-CASES BY MAGISTRATES

CHAPTER XXI : SUMMARY TRIALS

CHAPTER XXII : ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

CHAPTER XXIII : EVIDENCE IN INQUIRIES AND TRIALS

CHAPTER XXIV : GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXV : PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

CHAPTER XXVI : PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

CHAPTER XXVII : THE JUDGEMENT

CHAPTER XXVIII : SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

CHAPTER XXIX : APPEALS

CHAPTER XXX : REFERENCE AND REVISION

CHAPTER XXXI: TRANSFER OF CRIMINAL CASES

CHAPTER XXXII: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

CHAPTER XXXIII : PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXIV : DISPOSAL OF PROPERTY

CHAPTER XXXV : IRREGULAR PROCEEDINGS

CHAPTER XXXVI9 : LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER XXXVII : MISCELLANEOUS

THE FIRST SCHEDULE : CLASSIFICATION OF OFFENCES
II - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

THE SECOND SCHEDULE