The
Code of Criminal Procedure, 1973
CHAPTER XXXVII
: MISCELLANEOUS
474. Trials before High Courts
When an offence is tried by the High Court otherwise than under section
407, it shall, in the trial of the offence, observe the same procedure
as a Court of Session would observe if it were trying the case.
475. Delivery to commanding officers of persons liable to be tried by
Court-martial
(1) The Central Government may make rules consistent with this Code
and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62) of 1957),
and the Air Force Act, 1950 (45 of 1950), and any other law, retailing
to the Armed Forces of the Union, for the time being in force, as to
cases in which persons subject to military, naval or air force law, or
such other law, shall be tried by a Court to which this Code applies
or by a Court-martial; and when any person is brought before a Magistrate
and charged with an offence for which he is liable to be tried either
by a Court to which this Code applies or by a Court-martial, such Magistrate
shall have regard to such rules, and shall in proper cases deliver him,
together with a statement of the offence of which he is accused, to the
commanding officer of the unit to which he belongs, or to the commanding
officer of the nearest military, naval or air force station, as the case
may be, for the purpose of being tried by a Court-martial.
Explanation.- In this section-
(a) "unit" includes
a regiment, corps, ship, detachment, group, battalion or company;
(b) "Court-martial" includes
any tribunal with the powers similar to those of a Court-martial constituted
under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for
that purpose by the commanding officer of any unit or body of soldiers,
sailors or airmen stationed or employed at any such place, use his utmost
endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained
in any jail situate within the State be brought before a Court-martial
for trial or to be examined touching any matter pending before the Court-martial.
476. Forms
Subject to the power conferred by article 227 of the Constitution, the
forms set forth in the Second Schedule, with such variations as the circumstances
of each case require, may be used for the respective purposes therein
mentioned, and if used shall be sufficient.
477. Power of High Court to make rules
(1) Every High Court may, with the previous approval of the State Government,
make rules-
(a) as to the persons who may be permitted to act as petition-writers
in the Criminal Courts subordinate to it;
(b) regulating the issue of licenses to such persons, the conduct of
business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so
made and determining the authority by which such contravention may be
investigated and the penalties imposed;
(d) any other matter which is required to be, or may be, prescribed.
(2) All rules made under this section shall be published in the Official
Gazette.
11[478. Power to alter functions allocated to Executive Magistrates in
certain cases
If the Legislative Assembly of a State by a resolution so permits, the
State Government may, after consultation with the High Court, by notification,
direct that references in sections 108, 109, 110, 145 and 147 to an Executive
Magistrate shall be construed as references to a Judicial Magistrate
of the first class.]
STATE AMENDMENT
In Maharashtra, w.e.f. 15th April, 1978
In section
478 for the words "to an Executive Magistrate shall
be construed" the words "to an Executive Magistrate in the
areas of the State outside Greater Bombay shall be construed" shall
be substituted.
479. Case in which Judges or Magistrate is personally interested
No Judge or Magistrate shall, except with the permission of the Court
to which an appeal lies from his Court, try or commit for trial any case
to or in which he is a party, or personally interested, and no Judge
or Magistrate shall hear an appeal from any judgment or order passed
or made by himself.
Explanation.- A Judge or Magistrate shall not be deemed to be a party
to, or personally interested in, any case by reason only that he is concerned
therein in a public capacity, or by reason only that he has viewed the
place in which an offence is alleged to have been committed or any other
place in which any other transaction material to the case is alleged
to have occurred and made an inquiry in connection with the case.
480. Practising pleader not to sit as Magistrate in certain Courts
No pleader who practises in the Court or any Magistrate shall sit as
a Magistrate in that Court or in any Court within the local jurisdiction
of that Court.
STATE AMENDMENT
In Karnataka, w.e.f. 2nd July, 1984
After section 480 the following section shall be inserted: -
"480A.
Other powers of Magistrate
Any Judicial
Magistrate or Executive Magistrate shall be entitled to attest, verify
or authenticate any document brought before him for the purpose of
attestation, verification or authentication, as the case may be, and
to affix seals thereon, as may be prescribed by any law for the time
being in force."
481. Public servant concerned in sale not to purchase or bid for property
A public servant having any duty to perform in connection with the sale
of any property under this Code shall not purchase or bid for the property.
482. Saving of inherent powers of High Court
Nothing in this Code shall be deemed to limit or affect the inherent
powers of the High Court to make such orders as may be necessary to give
effect to any order under this Code, or to prevent abuse of the process
of any Court or otherwise to secure the ends of justice.
483. Duty of High Court to exercise continuous superintendence over Courts
of Judicial Magistrates
Every High Court shall so exercise its superintendence over the Courts
of Judicial Magistrates subordinate to it as to ensure that there is
an expeditions and proper disposal of cases by such Magistrates.
484. Repeal and savings
(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.
(2) Notwithstanding such repeal,-
(a) if, immediately before the date on which this Code comes into force,
there is any appeal, application, trial, inquiry or Investigation pending,
then, such appeal, application, trial, inquiry or investigation shall
be disposed of, continued, held or made, as the case may be, in accordance
with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898),
as in force immediately before such commencement (hereinafter referred
to as the Old Code), as if this Code had not come into force:
Provided that every inquiry under Chapter XVIII of the Old Code, which
is pending at the commencement of this Code, shall be dealt with and
disposed of in accordance with the provisions of this Code;
(b) all notifications published, proclamations issued, powers conferred,
forms prescribed, local jurisdictions defined, sentences passed and orders,
rules and appointments, not being appointments as special Magistrates,
made under the Old Code and which are in force immediately before the
commencement of this Code, shall be deemed, respectively, to have been
published, issued, conferred, prescribed, defined, passed or made under
the corresponding provisions of this Code;
(c) any sanction accorded or consent given under the Old Code in pursuance
of which no proceeding was commenced under that Code, shall be deemed
to have been accorded or given under the corresponding provisions of
this Code and proceedings may be commenced under this Code in pursuance
of such sanction or consent;
(d) the provisions of the Old Code shall continue to apply in relation
to every prosecution against a Ruler within the meaning of article 363
of the Constitution.
(3) Where the period prescribed for an application or other proceeding
under the Old Code had expired on or before the commencement of this
Code, nothing this Code shall be construed as enabling any such application
to be made or proceeding to be commenced under this Code by reason only
of the fact that a longer period therefor is prescribed by this Code
or provisions are made in this Code for the extension of time.
STATE AMENDMENT
In Uttar Pradesh, w.e.f. 1st May, 1976
In sub-section (2) after clause (d), the following clause shall be inserted
and be deemed always to have been inserted: -
"(e)
the provisions of the United Provinces Borstal Act, 1938 (U.P. Act
VIII of 1938) the United Provinces First Offenders Probation Act, 1938
(U.P. Act VI of 1938), and the Uttar Pradesh Children Act, 1951 (U.P.
Act 1 of 1951) shall continue in force in the State of Uttar Pradesh
until altered or repealed or amended by the competent Legislature or
other competent authority, and accordingly, the provisions of section
360 of this case shall not apply to that State, and the provisions
of section 361 shall apply with the substitution of references to the
Central Act named therein by references to the corresponding Acts in
force in the State."
In Uttar Pradesh, w.e.f. 1st May, 1984
In sub-section (2), in clause (a) after the proviso, the following further
proviso shall be inserted: -
"Provided
further that the provisions of section 326 of this Code as amended
by the Code of Criminal Procedure (Uttar Pradesh Amendment) Act., 1976
shall apply also to every trial pending in a Court of Session at the
commencement of this Code and also pending at the commencement of the
Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1983."
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