Chapter 1
Prosecuting authority (sections 2-18)
6
Power to withdraw charge or stop prosecution
7
Private prosecution on certificate nolle prosequi
8
Private prosecution under statutory right
9
Security by private prosecutor
10
Private prosecution in name of private prosecutor
11
Failure of private prosecutor to appear
12
Mode of conducting private prosecution
13
Attorney-general may intervene in private prosecution
14
Costs in respect of process
15
Costs of private prosecution
16
Costs of accused in private prosecution
18
Prescription of right to institute prosecution
Chapter 2
Seizure and forteiture (sections 19-36)
19
Saving as to certain powers conferred by other laws
20
State may seize certain articles
21
Article to be seized under search warrant
22
Circumstances in which article may be seized without search warrant
23
Search of arrested person and seizure of article
25
Power of police to enter premises in connection with State security or any offence
26
Entering of premises for purposes of obtaining evidence
27
Resistance against entry or search
28
Wrongful search an offence, and award of damages
29
Search to be conducted in decent and orderly manner
30
Disposal by police official of article after seizure
31
Disposal of article where no criminal proceedings are instituted or where it is not required for criminal proceedings
32
Disposal of article where criminal proceedings are instituted and admission of guilt fine is paid
33
Article to be transferred to court for purposes of trial
34
Disposal of article after commencement of criminal proceedings
35
Forfeiture of article to State
36
Disposal of article concerned in an offence committed
Chapter 5
Arrest (sections 39-53)
39
Manner and effect of arrest
40
Arrest by peace officer without warrant
41
Name and address of certain persons and power of arrest by peace officer without warrant
42
Arrest by private person without warrant
43
Warrant of arrest may be issued by magistrate or justice
45
Arrest on telegraphic authority
46
Non-liability for wrongful arrest
47
Private persons to assist in arrest when called upon
48
Breaking open premises for purpose of arrest
49
Use of force in effecting arrest
51
Escaping and aiding escaping before incarceration, and penalties therefor
52
Saving of other powers of arrest
53
Saving of civil law rights and liability
Chapter 9
Bail (sections 58-71)
59
Bail before first appearance of accused in lower court
59A
Attorney-general may authorise release on bail
60
Bail application of accused in court
62
Court may add further conditions of bail
63
Amendment of conditions of bail
63A
Release or amendment of bail conditions of accused on account of prison conditions
64
Proceedings with regard to bail and conditions to be recorded in full
65
Appeal to superior court with regard to bail
65A
Appeal by attorney-general against decision of court to release accused on bail
66
Failure by accused to observe condition of bail
67
Failure of accused on bail to appear
67A
Criminal liability of a person who is on bail on the ground of failure to appear or to comply with a condition of bail
68A
Cancellation of bail at request of accused
69
Payment of bail money by third person
70
Remission of bail money
71
Juvenile may be placed in place of safety or under supervision in lieu of release on bail or detention in custody
Chapter 14
The charge (sections 80-104)
80
Accused may examine charge
82
Several charges to be disposed of by same court
83
Charge where it is doubtful what offence committed
86
Court may order that charge be amended
87
Court may order delivery of particulars
88
Defect in charge cured by evidence
89
Previous conviction not to be alleged in charge
90
Charge need not specify or negative exception, exemption, proviso, excuse or qualification
91
Charge need not state manner or means of act
92
Certain omissions or imperfections not to invalidate charge
93
Alibi and date of act or offence
94
Charge may allege commission of offence on divers occasions
95
Rules applicable to particular charges
96
Naming of company, firm or partnership in charge
97
Naming of joint owners of property in charge
98
Charge of murder or culpable homicide sufficient if it alleges fact of killing
99
Charge relating to document sufficient if it refers to document by name
100
Charge alleging theft may allege general deficiency
101
Charge relating to false evidence
102
Charge relating to insolvency
103
Charge alleging intent to defraud need not allege or prove such intent in respect of particular person or mention owner of property or set forth details of deceit
104
Reference in charge to objectionable matter not necessary
Chapter 18
Plea of not guilty at summary trial (sections 115-118)
115
Plea of not guilty and procedure with regard to issues
115A
Committal of accused for trial by regional court
116
Committal of accused for sentence by regional court after trial in magistrate's court
117
Committal to superior court in special case
118
Non-availability of judicial officer after plea of not guilty
Chapter 20
Preparatory examination (sections 123-143)
123
Attorney-general may instruct that preparatory examination be held
124
Proceedings preceding holding of preparatory examination to form part Of preparatory examination record
125
Attorney-general may direct that preparatory examination be conducted at a specified place
126
Procedure to be followed by magistrate at preparatory examination
127
Recalling of witnesses after conversion of trial into preparatory examination
128
Examination of prosecution witnesses at preparatory examination
129
Recording of evidence at preparatory examination and proof of record
130
Charge to be put at conclusion of evidence for prosecution
131
Accused to plead to charge
133
Accused may testify at preparatory examination
134
Accused may call witnesses at preparatory examination
135
Discharge of accused at conclusion of preparatory examination
136
Procedure with regard to exhibits at preparatory examination
137
Magistrate to transmit record of preparatory examination to attorney general
138
Preparatory examination may be continued before different judicial officer
139
Attorney-general may arraign accused for sentence or trial
140
Procedure where accused arraigned for sentence
141
Procedure where accused arraigned for trial
142
Procedure where attorney-general declines to prosecute
143
Accused may inspect preparatory examination record and is entitled to copy thereof
Chapter 22
Conduct of proceedings (sections 150-178)
150
Prosecutor may address court and adduce evidence
151
Accused may address court and adduce evidence
152
Criminal proceedings to be conducted in open court
153
Circumstances in which criminal proceedings shall not take place in Open court
154
Prohibition of publication of certain information relating to criminal proceedings
155
Persons implicated in same offence may be tried together
156
Persons committing separate offences at same time and place may be tried together
157
Joinder of accused and separation of trials
158
Criminal proceedings to take place in presence of accused
159
Circumstances in which criminal proceedings may take place in absence of accused
160
Procedure at criminal proceedings where accused is absent
161
Witness to testify viva voce
162
Witness to be examined under oath
163
Affirmation in lieu of oath
164
When unsworn or unaffirmed evidence admissible
165
Oath, affirmation or admonition may be administered by or through interpreter or intermediary
166
Cross-examination and re-examination of witnesses
167
Court may examine witness or person in attendance
168
Court may adjourn proceedings to any date
169
Court may adjourn proceedings to any place
170
Failure of accused to appear after adjournment or to remain in attendance
170A
Evidence through intermediaries
171
Evidence on commission
172
Parties may examine witness
173
Evidence on commission part of court record
174
Accused may be discharged at close of case for prosecution
175
Prosecution and defence may address court at conclusion of evidence
176
Judgment may be corrected
177
Court may defer final decision
178
Arrest of person committing offence in court and removal from court of person disturbing proceedings
Chapter 23
Witnesses (sections 179-207)
179
Process for securing attendance of witness
181
Pre-payment of witness expenses
183
Witness to keep police informed of whereabouts
184
Witness about to abscond and witness evading service of summons
185A
Detention in or placing under protective custody at request of witness or prospective witness
186
Court may subpoena witness
187
Witness to attend proceedings and to remain in attendance
188
Failure by witness to attend or to remain in attendance
189
Powers of court with regard to recalcitrant witness
190
Impeachment or support of credibility of witness
191
Payment of expenses of witness
192
Every witness competent and compellable unless expressly excluded
193
Court to decide upon competency of witness
194
Incompetency due to state of mind
195
Evidence for prosecution by husband or wife of accused
196
Evidence of accused and husband or wife on behalf of accused
197
Privileges of accused when giving evidence
198
Privilege arising out of marital state
199
No witness compelled to answer question which the witness's husband or wife may decline
200
Witness not excused from answer establishing civil liability on his part
201
Privilege of legal practitioner
202
Privilege from disclosure on ground of public policy or public interest
203
Witness excused from answering incriminating question
204
Incriminating evidence by witness for prosecution
205
Judge, regional court magistrate or magistrate may take evidence as to alleged offence
206
The law in cases not provided for
207
Saving of special provisions in other laws
Chapter 24
Evidence (sections 208-253)
208
Conviction may follow on evidence of single witness
209
Conviction may follow on confession by accused
210
Irrelevant evidence inadmissible
211
Evidence during criminal proceedings of previous convictions
212
Proof of certain facts by affidavit or certificate
212A
Proof of certain facts by affidavit from person in foreign country
212B
Proof of undisputed facts
213
Proof of written statement by consent
214
Evidence recorded at preparatory examination admissible at trial in Certain circumstances
215
Evidence recorded at former trial admissible at later trial in certain circumstances
217
Admissibility of confession by accused
218
Admissibility of facts discovered by means of inadmissible confession
219
Confession not admissible against another
219A
Admissibility of admission by accused
221
Admissibility of certain trade or business records
222
Application to criminal proceedings of certain provisions of Civil Proceedings Evidence Act, 1965, relating to documentary evidence
223
Admissibility of dying declaration
224
Judicial notice of laws and other published matter
225
Evidence of prints or bodily appearance of accused
226
Evidence of no sexual intercourse between spouses admissible
228
Evidence of disputed writing
229
Evidence of times of sunrise and sunset
230
Evidence and sufficiency of evidence of appointment to public office
231
Evidence of signature of public officer
232
Article may be proved in evidence by means of photograph thereof
233
Proof of public documents
234
Proof of official documents
235
Proof of judicial proceedings
236
Proof of entries in accounting records and documentation of banks
236A
Proof of entries in accounting records and documentation of banks in countries outside Republic
237
Evidence on charge of bigamy
238
Evidence of relationship on charge of incest
239
Evidence on charge of infanticide or concealment of birth
240
Evidence on charge of receiving stolen property
241
Evidence of previous conviction on charge of receiving stolen property
242
Evidence on charge of defamation
243
Evidence of receipt of money or property and general deficiency on charge of theft
244
Evidence on charge relating to seals and stamps
245
Evidence on charge of which false representation is element
246
Presumptions relating to certain documents
247
Presumptions relating to absence from Republic of certain persons
248
Presumption that accused possessed particular qualification or acted in particular capacity
249
Presumption of failure to pay tax or to furnish information relating to tax
250
Presumption of lack of authority
251
Unstamped instrument admissible in criminal proceedings
252
The law in cases not provided for
252A
Authority to make use of traps and undercover operations and admissibility of evidence so obtained
253
Saving of special provisions in other laws
Chapter 26
Competent verdicts (sections 256-270)
257
Accessory after the fact
258
Murder and attempted murder
261
Rape and indecent assault
262
Housebreaking with intent to commit an offence
263
Statutory offence of breaking and entering or of entering premises
265
Receiving stolen property knowing it to have been stolen
266
Assault with intent to do grievous bodily harm
268
Statutory unlawful carnal intercourse
270
Offences not specified in this Chapter
Chapter 28
Sentence (sections 274-299A)
275
Sentence by judicial officer or judge other than judicial officer or judge who convicted accused
276A
Imposition of correctional supervision, and conversion of imprisonment into correctional supervision and vice versa
276B
Fixing of non-parole-period
277
When sentence of death is a competent sentence
278
Sentence of death upon pregnant woman
279
Manner of carrying out death sentence
280
Cumulative or concurrent sentences
281
Interpretation of certain provisions in laws relating to imprisonment and fines
282
Antedating sentence of imprisonment
283
Discretion of court as to punishment
284
Minimum period of imprisonment four days
285
Periodical imprisonment
286
Declaration of certain persons as habitual criminals
286A
Declaration of certain persons as dangerous criminals
286B
Imprisonment for indefinite period
287
Imprisonment in default of payment of fine
289
Court may enforce payment of fine
290
Manner of dealing with convicted juvenile
291
Duration of orders under section 290
292
Discretion of court with regard to whipping and place where whipping is to be inflicted
293
Offences for which whipping may be imposed
294
Whipping of juvenile males
295
Limitations with regard to whipping
296
Committal to treatment centre
297
Conditional or unconditional postponement or suspension of sentence, and caution or reprimand
297A
Liability for patrimonial loss arising from performance of community service
297B
Agreement on operation of suspended sentences
298
Sentence may be corrected
299
Warrant for the execution of sentence
299A
Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision
Chapter 30
Reviews and appeals in cases of criminal proceedings in lower courts (sections 302-314)
302
Sentences subject to review in the ordinary course
303
Transmission of record
304A
Review of proceedings before sentence
305
Right of appearance on review in certain cases subject to certificate of a judge
306
Accused may set down case for argument
307
Execution of sentence not suspended unless bail granted
308
Whipping suspended pending review
308A
Correctional supervision not suspended unless bail granted
309
Appeal from lower court by person convicted
309A
Appeal against conviction and sentence of chiefs, headmen and chiefs' deputies
309B
Application for leave to appeal
309D
Explanation of certain rights to unrepresented and certain other accused
310
Appeal from lower court by prosecutor
310A
Appeal by attorney-general against sentence of lower court
311
Appeal to Appellate Division
312
Review or appeal and failure to comply with subsection (1) (b) or (2) of section 112
313
Institution of proceedings de novo when conviction set aside on appeal or review
314
Obtaining presence of convicted person in lower court after setting aside of sentence or order
Chapter 31
Appeals in cases of criminal proceedings in superior courts (sections 315-324)
315
Court of appeal in respect of superior court judgments
316
Applications for condonation, leave to appeal and further evidence
316A
Appeal against sentence of death
316B
Appeal by attorney-general against sentence of superior court
317
Special entry of irregularity or illegality
318
Appeal on special entry under section 317
319
Reservation of question of law
320
Report of trial judge to be furnished on appeal
321
When execution of sentence may be suspended
322
Powers of court of appeal
323
Submission by Minister to Appellate Division on behalf of person sentenced to death
324
Institution of proceedings de novo when conviction set aside on appeal
Chapter 33
General provisions (sections 328-345, Schedules 1-7)
329
Court process may be served or executed by police official
330
Transmission of court process by telegraph or similar communication
331
Irregular warrant or process
332
Prosecution of corporations and members of associations
333
Minister may invoke decision of Appellate Division on question of law
334
Minister may declare certain persons peace officers for specific purposes
335
Person who makes statement entitled to copy thereof
335A
Prohibition of publication of identity of persons towards or in connection with whom certain offences have been committed
335B
Medical examination of minors towards or in connection with whom certain offences have been committed
336
Act or omission constituting offence under two or more laws
337
Estimating age of person
338
Production of document by accused in criminal proceedings
339
Removal of accused from one prison to another for purpose of attending at criminal proceedings
340
Prison list of unsentenced prisoners and witnesses detained
341
Compounding of certain minor offences
342
Conviction or acquittal no bar to civil action for damages
342A
Unreasonable delays in trials
343
Application of this Act in the territory
345
Short title and date of commencement