Code of Criminal Procedure

• Coming into Force: 08 March 1979
• Act Number: 15
• Year: 1979
• Citation: No. 15 of 1979

Contenidos

• Short title and date of operation.
• Interpretation. " attorney-general. "" Bailable offence." "Chapter. " " Schedule " Section" Chief Justice. "" Cognizable offence. " " Complaint. " " Corporation. " "Court of Appeal." "Discharges." "Enactment." "Explosives." "Fine." "Fiscal." " Government Agent." " Government Analyst."" Government Examiner of Questioned Documents." " Government medical officer."" High Court." " Indictable offence." " Information Book." " Inquirer " " Inquiry." " Island " " Judge." " Judicial proceeding." " Magistrate." " Non-cognizable offence."" Offence."" Offensive weapon." " Officer in charge at a police station " "Peace officer.""Penal Code." " Person." " Pleader." " Police officer." " Police station. " " Prescribed. "" Registrar. "" Registrar of Finger Prints." "Solicitor -General." " State Counsel."" Summary offence." " Supreme Court." " Suspended sentence." " writing."
• Words referring to acts include illegal omissions.
• Powers, jurisdiction, rights and duties of certain officers.
• Trial of offences under Penal Code and other laws.
• Saving of powers of Supreme Court, Court of Appeal &c. Attorney-General.
• Cases not provided for.
• Power of Supreme Court, and Court of Appeal, to inspect courts of first instance.
• Criminal summary jurisdiction of Magistrates' Courts.
• Offences under Penal Code.
• Offences under other laws.
• High Court to try cases only upon indictment.
• Sentence which High Court may impose.
• Sentence which a Magistrate's Court may impose.
• No sentence of imprisonment for a term of less than seven days.
• Sentence in case of conviction for several offences at one trial.
• Payment of costs and compensation upon acquittal.
• Community service orders.
• Public when to assist Magistrates and peace officers.
• Aid to person other than peace officer executing warrant.
• Public to give information of certain offences.
• Peace officer bound to report certain matters.
• Arrest how made. Security for keeping the peace on conviction.
• Security for keeping the peace in other cases.
• Security for good behaviour from suspected persons, vagrants, &c.
• Security for good behaviour from habitual offenders.
• Summons or warrant in case of person not so present.
• Form of summons or warrant.
• Inquiry as to the truth of information.
• Order to give security.
• Discharge of person informed against.
• Imposition of term of imprisonment in default of security.
• Commencement of period for which security is required.
• Contents of bond.
• Commitment to prison for default in giving security.
• Power to release person imprisoned for failing to give security.
• Discharge of sureties.
• Dispersal of unlawful assembly.
• Power of commissioned military officers to disperse assembly.
• Protection for acts done under this Chapter.
• Conditional order for removal of nuisance.
• Service or notification of order.
• Person to whom order is addressed to obey or show cause.
• Procedure in case of appearance.
• Procedure on order being made absolute.
• Consequence of disobedience to order.
• Injunction pending inquiry.
• Magistrate may prohibit continuance of public nuisances.
• Power to issue absolute order at once in urgent cases of nuisance.
• Peace officers to prevent cognizable offence. Information of attempt to commit such offence.
• Appointment of inquirers.
• Information of an offence.
• Examination of witnesses by police or inquirer.
• Inducement not to be offered.
• Search by police officer or inquirer.
• Duty of subordinate officer to report to officer in charge of station.
• Release of accused if evidence deficient.
• Procedure when investigation cannot be completed in twenty-four hours.
• Duty of officer or inquirer to forward case to a Magistrate's Court if sufficient information is well founded or if further investigation is necessary.
• Additional powers of inquirers.
• Powers of police officers and inquirers in non-cognizable cases.
• Magistrate may withdraw case from inquirer.
• Investigation to be completed without delay.
• Powers of this chapter to be cumulative.
• Examination by medical practitioner.
• Taking of finger impressions, specimens of hair &c of suspect person-
• Magistrate to assist investigation.
• Senior police officer may take over investigation.
• No inducement to be offered.
• Power to record statements and confessions.
• Ordinary place of Inquiry and trial. Any Magistrate's Court to have jurisdiction over offences committed on territorial waters.
• Accused is triable in district where act is done or consequence ensues.
• Place of trial where act is an offence by reason of relation to other offence.
• Escape from custody.
• Place of inquiry or trial in various cases.
• Attorney-General to decide, in case of doubt court where inquiry shall take place.
• Sentence not to be set aside because inquiry held by wrong Magistrate's Court.
• The conditions necessary for the initiation or prosecutions for certain offences.
• Proceedings in Magistrate's Court how instituted.
• Medical examination of complainant and accused in case of rape &c.
• Procedure in certain cases where accused is unknown.
• Issue of process.
• Contents of summons or warrant.
• Examination under section 139 to be recorded.
• Procedure to be adopted when case proceeds.
• In case of homicide Magistrate to hold inquiry on spot.
• In summons case personal attendance of the accused may be dispensed with.
• Preliminary inquiry.
• Accused to be informed of charge.
• Information Book Entries to be tendered.
• Depositions.
• Variance between charge and evidence.
• Charges to be read to accused after close of prosecution case.
• Provisions as to taking statement of accused.
• Evidence for the defence.
• Discharge.
• Commitment for trial.
• Accused's witnesses.
• Material witnesses so be bound over to appear.
• Magistrate to certify record.
• Accused entitled to copy of evidence and statements to the police.
• Record to be forwarded to court of trial, and certified copy of record to Attorney-General.
• Presentation and service of indictment
• When trial shall be by jury and when not.
• Contents of indictment.
• Inquiry to be concluded in a month.
• Charge to state offences.
• Particulars as to time place and person.
• Effect of errors.
• Court may alter charge
• When trial may proceed on altered charge immediately..
• When new trial may be directed or trial adjourned.
• Stay of proceedings if prosecution of offence in altered charge requires previous sanction.
• Recall of witnesses when altered.
• Effect of material error.
• Separate charge for separate offence.
• Three offences of same kind within a year may be charged together.
• Trial for more than one offence.
• Where it is doubtful what offence has been committed.
• When a person charged with one offence may be convicted of a different offence.
• When offence proved included in. offence charged.
• Conviction of an attempt to commit an offence though attempt is not separately charged.
• All persona concerned In committing an offence may be charged together.
• When conviction on one charge remaining charges may be withdrawn.
• Particulars of case to be stated to accused.
• Admission of offence by accused.
• Procedure on trial.
• Verdict.
• Power of Magistrate to discharge accused at any time.
• What to be done when different offence disclosed in course of proceedings.
• Accused may be acquitted in the absence of complainant.
• Withdrawal of charge by complainant
• Accused may be discharged by Magistrate with sanction of Attorney-General,
• By whom prosecution tinder this Chapter may be conducted.
• Trial may proceed in absence of accused.
• By whom trials before High Court to be conducted
• Attorney-General may withdraw prosecution.
• Duty of Judge upon receipt of indictment.
• Arraignment of accused.
• Plea of guilty.
• Refusal to plead or plea of not guilty.
• Counsel to open his case and call witnesses.
• Court may acquit without calling for defence, or call for defence.
• Accused may make his defence.
• When prosecuting counsel entitled to call witnesses in rebuttal.
• Judge to pass judgment
• Arraignment of accused.
• Plea at guilty may be recorded and accused convicted thereon.
• Refusal to plead.
• When accused pleads not guilty or is willing to plead guilty to a lesser offence,
• Special jury may be summoned.
• Number of jury and quorum for verdict.
• Empanelling of jury.
• Grounds of objection.
• Decision of objection.
• Foreman of jury.
• Duties of foreman.
• Procedure where juror ceases to attend &c.
• Discharge of jury in case of sickness of prisoner.
• Registrar to read indictment to jury.
• Opening of case for prosecution.
• Statements by prisoner to be put in.
• Procedure after examination of witnesses for the prosecution.
• Defence.
• Right of accused as to examination and summoning of witnesses
• Witnesses in rebuttal.
• View by jury of place where offence committed.
• When juror may be examined.
• Jury to attend on adjourned sitting.
• When jury may be kept together.
• Judge may allow jurors refreshment.
• Charge to jury.
• Duty of Judge.
• Judge may comment on question of fact or upon Question of mixed law and fact
• Duty of jury.
• Jury may-retire to consider verdict.
• When jury ready to give verdict.
• Verdict to be...