Vimala Mahmood Foundation

CODE OF CRIMINAL PROCEDURE, 1898

5 of 1898

An Act to consolidate and amend the law relating to Criminal Procedure Whereas it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows

PART 1: PRELIMINARY:

CHAPTER 1:

SECTION 1: Short title, commencement:

(1) This Act may by called the Code of Criminal Procedure, 1898; and it shall come into force on the first day of July, 1898.

Extent.-(2) It extends to [the whole of India except the State of Jammu and Kashmir and Manipur] ; but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force, or shall apply to- (a) the Commissioners of Police in the towns of Calcutta, Madras and Bombay, or the police in the towns of Calcutta and Bombay; (b) heads of villages in [the State of Madras as it existed immediately before the 1st November, 1956] , or (c) village police-officers in [the State of Bombay as it existed immediately before the 1st November, 1960] : Provided that the State Government may, if il thinks fit, * * *4 by notification in the Official Gazette, extend any of the provisions of this Code, with any necessary modifications, to such excepted persons. State Amendments ANDHRA PRADESH.-For clause (b) in sub-section (2) substitute the following "(b) heads of villages in the States of Andhra and Madras as those States existed immediately before the 1st November, 1956; or" (Andh Pr. A. L. 0. 1957). MAHARASHTHA.-(1) In its application to the State of Maharashtra in clause (a) of sub section (2) of Section I of the Code, (i) for the words "Towns of Calcutta, Madras and Bombay" the words "Towns of Calcutta and Madras" have been substituted, (ii) for the words "Towns of Calcutta and Bombay" the words "Town of Calcutta" have been substituted. (Bombay Police Act 22 of 1951). (2) In its application to the State of Maharashtra in clause (c)of sub-section (2), for the words ' State of Bombay' substitute the words 'State of Maharashtra'. [Sea Central Acts on State and Concurrent Subjects (Maha. Adaptation) (Amendment) Order, 1961, (w.e.f. 1-5-1960)].

SECTION 2:

[Repeal of enactments, notifications, etc., under repealed Acts. Pending cases.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and Schedule II.

SECTION 3: References to Code of Criminal Procedure and other repealed enactments:

(1) In every enactment passed before this Code comes into force in -which reference is made to, or to any Chapter or section of the (Code of Criminal Procedure, 1973 or (Code of Criminal Procedure, 1973), or (Code of Criminal Procedure, 1973), or to any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Chapter or section.

Expressions in former Acts.-(2) In every enactment passed before this Code comes into force the expressions "Officer exercising (or 'having') the powers (or 'the full powers') of a Magistrate," "Subordinate Magistrate, first class," and "Subordinate Magistrate, second class," shall respectivel be deemed to mean "Magistrate of e first class," "Magistrate of the second" class" and "Magistrate of the third class", the expression "Magistrate of a division of a district" shall be deemed to mean "Sub-divisional Magistrate", the expression "Magistrate of the district" shall be deemed to mean "District Magistrate", the expression "Magistrate of Police" shall be deemed to mean "Presidency Magistrate", and the expression "Joint Sessions Judge" shall mean "Additional Sessions Judge".

SECTION 4: Definitions:

State Amendments Andhra Pradesh Added Territories - In its application to the territories added to the State of Andhra Pradesh under Section 3 of Central Act LVI of 1959 the amendment made in respect of clause (e) of Section 4(1), made by Madras Act 34 of 1955, is repealed [Andh Pra A.L.O., 1961 (w.e.f. 1-4-1960)]. Kerala KERALA.-In sub-section (1), clause (o) for "Section 20 of the Cattle Trespass Act 1871" subs. "Section 19 of the Kerala Cattle Trespass Act, 1961" (Kerala Act II of 1963). Malabar Aria.-In its application to the Malabar area of the State of Kerala amendment in the section is the same as that of Tamil Nadu. Tamil Nadu In its application to the State of Madras in Section 4 ( I ) omit clause (e).[T.N. Act XXXIV of 1955, Section 2(a) (1-1-1056) ; T.N.A.L.O. 1969]. In clause (t) omit the words "and any person conducting a prosecution on behalf of Government in any High Court, in the exercise of its original criminal jurisdiction". (Mad. Act XXXlV of 1955, Section 2 (1-1-1956) : Tamil Nadu ALO, 1969.

(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context (a) "Advocate General" "Advocate General" includes also a Government Advocate, or, where there is no Advocate General Government Advocate, such officer as the State Government may, from time to time, appoint in this behalf; (b) "Bailable offence." "Non-bailable offence." "Bailable offence" mean an offence shown as bailable in the second schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; (c) "Charge." "Charge' 'includes any head of charge when the charge contains more heads than one : * * * * (e) " [Clerk of the State]" "[Clerk of the State]" includes any officer specially appointed by the Chief Justice to discharge the functions given by this Code to the 6[Glerk of the State] ; (f) "Cognizable offence." "Cognizable case". "Cognizable offence" means an offence for, and "cognizable case" means a case in, which a police officer, within or without the presidency-towns, may, in accordance with the second schedule, or under any law for the time being in force, arrest without warrant; (g) "Commissioner of Police." "Commissioner of Police" includes a Deputy Commissioner of Police; (h) "Complaint." "Complaint' 'means the allegation made orally or in writing to a Magistrate, with a view to his taking action, under this Code, that some person, whether known or unknown, has committed an offence, but it does not include the report of a police officer: [(i) "High Court." "High Court", in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta, and, in relation to any other local area, means the highest court of criminal appeal for that area (other than the Supreme Court) or, where no such court is established under any law for the time being in force, such officer as the State Government may appoint in this behalf: (j) "India." "India" means the territories to which this Code extends]: (k) "Inquiry." "inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court; (l) "Investigation." "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf ; (m) "Judicial proceeding." "Judicial proceeding' ' includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) "Non-cognizable offence." "Non-cognizable case." "Non-cognizable offence" means an offence for, and "non-cognizable case" means a case, in which a police officer, within or without a presidency-town, may not arrest without warrant; (o) "Offence." "Offence" means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under (S.20 of the Cattle Trespass Act, 1871); (p) "Officer in charge of a police-station." "Officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (q) "Place." "Place" includes also a house, building, tent and vessel; (r) "Pleader." "Pleader," used with reference to any proceeding in any Court, means a pleader [or a mukhtar] authorised under any law for the time being in force to practise in such Court, and includes (1) an advocate, a vakil and an attorney of a High Court so authorised, and (2) any * * * * other person appointed with the permission of the Court to act in such proceeding; (s) "Police-station." "Police station" means any post or place declared, generally, or specially, by the State Government to be a police station) and includes any local area specified by the State Government in this behalf; (t) "Public Prosecutor." "Public Prosecutor" means any person appointed under (Section 492), and includes any person acting under the directions of a Public Prosecutor and any person conducting a prosecution on behalf of [Government] in any High Court in the exercise of its original criminal jurisdiction : * * * * (u) "Sub-division." "Sub-division' 'means a sub-division of a district; (v) "Summons-case." "Summons-case" means a case relating to an offence, and not being a warrant-case; and (w) "Warrant case." "Warrant-case" means a case relating to an offence punishable with death, [imprisonment for life or imprisonment for a term exceeding one year].

Words referring to Acts.-(2) Words which refer to acts done, extend also to illegal omissions; and Words to have same meaning as in Indian Penal Code.-All words and expressions used herein and defined in the Indian Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

SECTION 5: Trial of offences under Penal Code:

State Amendment WEST BENGAL.-In sub-section (2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2].

(1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES:

CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES:

SECTION 6: Glasses of Criminal Courts:

Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the same as that made in Maharashtra, subject to the adaptation that for the words 'State of Bombay' the words "State of Gujarat" are to be substituted . [Central Act XI of 1960, Section 87 and Guj A. L. 0. (8th Am.) (w. e. f. 1-5-1960)]. MAHARASHTRA.-In its application to the State of Maharashtra for Section 6, the following shall be substituted, namely "6. Classes of Criminal Courts.-Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two daises of Criminal Courts in the State of Bombay, namely I. Court of Session. II. Court of Magistrate." (Bom Act XXIII of 1951, Section 2, and Sch., (1-7-1953) and XCVII of 1958, Section 2(d). The words 'State of Bombay' substituted by Mah A. L" (Am) 0., 1961. MYSORE.-Same as in Maharashtra with "Mysore" substituted for "Maharashtra". [Mys. Act 13 of 1965, Section 3 (1-10-1965)] PUNJAB, HARYANA, CHANDIGARH.-The following shall be substituted, namely "6. Clases of Criminal Courts.-Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in the State of Punjab, namely 1. Courts of Session. II. Courts of Magistrates." (Punjab Act 25 of 1964 and Act 31 of 1966). RAJASTHAN. Abu Area.-In its application to the Abu Area of the State of Rajasthan, the amendment made in Section 6 is the same as that made in Maharashtra. (Central Act XXXVII of 1956 (1-11-1956)]. UNION TERRITORIES. (except Chandigarh) In its application to the Union Territories, for Section-the following section shall be substituted- "6. Classes of Criminal Courts.-Besides the High Court and the Courts constituted under any law other than this code for the time being in force, there shall be two classes of Criminal Courts, namely I. Courts of Session. II. Courts of Magistrates". Act 19 of 1969, Section 3 and Schedule, Item 1. Enforced in the Territories of Delhi from 2-10-1969 [Gazette of India, dt. 17-9-1969, Part II, Section 3(ii), page 1073.] In the Union territory of Goa, Daman and Diu, Goa, Daman and Diu (Separation of Judicial and Executive Functions) Order, 1963, shall continue to be in force. For powers of Judicial and Executive Magistrates in Goa, see Clauses 7 and 8 of that order which is published in Goa Gazette, dated 28-11-1963, page 411 (1-11-1963). WEST BENGAL.-For Section 6 substitute the following section 6. (1) Same as in Maharashtra. (2) There shall be following classes of Magistrates namely I. Judicial Magistrates: (a) Sub-divisional Judicial Magistrates. (b) Judicial Magistrates of the first class. (c) Judicial Magistrates of second class; (d) Executive Magistrates of the second class; (e) Special Judicial Magistrates; (f) Presidency Magistrates. II. Executive Magistrates: (a) District Magistrates; {b) Sub-Executive Magistrates; (c) Executive Magistrates of the first class. {d) Executive Magistrates of the second class; (e) Executive Magistrates of the third class; ( f ) Special Executive Magistrates; (g) Special Presidency Magistrates. [W. B. Act 8 of 1970, Section 3 and Schedule, Item 3.] Section 6-A GUJARAT 6-A-(1) In its application to the State of Gujarat, Section 6-A is -the same as that of Maharashtra. [Central Act XI of 1960, Section 87 and Guj A. L. (8th Am.) 0.1961 (w. e. f. 1-5-1960)]. (2) For the powers and jurisdiction of Magistrates appointed for the City of Ahmedabad, see the Ahmedabad City Courts Act, 1961. [ Guj XIX of 1961, Section 14(3) (4-11-1961)]". MAHARASHTRA In its application to the State of Maharashtra after Section 6, the following shall be 'inserted, namely "A-I, Classes of Magistrates. 6-A. Classes of Magistrates.-There shall be the following classes of Magistrates, namely I. Judicial Magistrates: (1) Presidency Magistrates (2) Magistrates of the first class. (3) Magistrates of the second class. (4) Magistrates of the third class. (5) Special Judicial Magistrates. II. Executive Magistrates: (1) District Magistrates. (2) Sub-Divisional Magistrates. (3) Taluka Magistrates. (4) Presidency Magistrates specially empowered by the State Government. (6) "Special Executive Magistrates." (Bombay Act XXIII of 1951, Section 2 and Schedule). The Bombay Act XXIII of 1951 was extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarda after the reorganzation of the State of Bombay vide Bom. Act No. XVII of 1958 (w. e. f., 1-9-1959). MYSORE Section 6-A in Mysore is the same as in Maharashtra except for Presidency Magistrate in both the categories. [Mys Act 13 of 1965, Section 4 (1-10-1965)]. PUNJAB, HARYANA AND CHANDIGARH The following Section 6-A shall be inserted, namely "A-I. Classes of Magistrates. 6-A. Classes of Magistrates.-There shall be the following Classes of Magistrates, namely 1. Judicial Magistrates: (1) Chief Judicial Magistrates. (2) Judicial Magistrates of the first class. (3) Judicial Magistrates of the second class. (4) Special Judicial Magistrates. II. Executive Magistrates: (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second class." (Punjab Act 25 of 1964). RAJASTHAN In its application to the Abu area of the State of Rajasthan after Section 6, new Section 6-A, shall be inserted as that in Maharashtra. [Central Act XXXVII of 1956 Section 119 (I.I 1-1956)]. UNION TERRITORIES (Except Chandigarh) After Section 6 insert the following namely A-I. Classes of Magistrates. "6-A. Classes of Magistrates.-There shall be the following Classes of Magistrates, namely 1. Judicial Magistrates: (1) Chief Judicial Magistrates. (2) Judicial Magistrates of the first class. (3) Judicial Magistrates of the second class. II. Executive Magistrates: (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second class. (5) Special Executive Magistrates." [Act 19 of 1969, Section 3 and Schedule (In Delhi from 2-10-1969)].

I.-Courts of Session:

II.-Presidency Magistrates :

III.-Magistrates of the first class

IV.-Magistrates of the second class :

V.-Magistrates of the third class.

SECTION 7: Sessions divisions and districts:

(1) Every State (excluding the presidency-towns) 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.

(2) Power to alter divisions and districts.-The State Governments may alter the limit, * * * or the number of such divisions and districts.

(3) Existing divisions and districts maintained till altered.-The sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered.

(4) Presidency-towns to be deemed districts.-Every presidency- town shall, for the purposes of this Code, be deemed to be a district. State Amendments ANDHRA PRADESH. Added Territories.-In its application to the territories added under Section 3 of the Central Act LVI of 1959, the amendments made in Section 7 by Tamil Nadu Act XXXIV of 1955 shall stand repealed. Andhra Pradesh A. L. O. 1961 (w. e. f. 14.4-1960). GUJARAT.-(1) In its application to the State of Gujarat, Section 7 as substituted is the same as that of Maharashtra subject to the following adaptations, namely (a) for the words "State of Bombay" the words "State ofGujarat" are to be substituted See Guj A. (8th Am) Order, 1961 (w. e. f. 1-5-1960). (b) in sub-section (2) of Section 7 as substituted for the words "Greater Bombay" the words "City of Ahmedabad" are to be substituted. Central Act XI of 1960, Section 87 and Guj Act XIX of 1961, Section 15 (4-11-1961). (2) For the powers and jurisdiction of Magistrates appointed for the city of Ahmedabad, see the Ahmedabad City Courts Act, 1961 (Guj XIX of 1961) Section 13 and 14 and for the notification issued under Section 7(3) altering the limits of the district of Ahmedabad see No. CCC, 1061/4166 (ii)-D, dated 27-10-1961, publilhed in Guj Govt.Gaz., 1961, Part IV-A, page 271. MAHARASHTRA.-In its application to the State of Maharashtra Section 7 was substituted as follows, namely "7. Sessions Divisions and Districts.-(1) The State of Bombay shall consist of sessions divisions; and every sessions division shall for the purposes of this Code, be a district or consist of districts. (2) For the purposes of this Code, Greater Bombay shall be a sessions division and be deemed to be a district, (3) The State Government may alter the limits or the number of such divisions and districts. (4) The sessions divisions and districts existing when the Bombay Separation of Judicial and Executive Functions Act, 1951, comes into force shall be sessions divisions and districts, respectively, unless and until they are so altered." [Bom. Acts XXIII of 1951, Section 2 and Schedule and XCVII of 1958, Section 2 (d)]. For the words "State of Bombay" the words "State of Maharashtra" substituted by Mah A.L (Am.) Order, 1961, w. e. f. (dated 1-5-1960). MYSORE.-For Section 7 of the principal Act, substitute the following section "7. Sessions Division and Districts.-(1) The State of Mysore shall consist of Sessions Divisions, and every Sessions Division shall, for the purposes of this Code, be a district or consist of districts. (2) The State Government may alter the limits or the number of such divisions and .districts. (3) The Sessions Divisions and districts existing when the Code of Criminal Pro- cedure (Mysore Amendment) Act, 1965, comes into force shall be sessions divisions and districts respectively, unless and until they are so altered. Mys Act XIII ofl965,Section 5 (dated 1-10-1965). PUNJAB, HARYANA, CHANDIGARH.-The following shall be substituted, namely "7. Sessions Divisions and Districts.-(1) The State of Punjab shall consist of Sessions Divisions; and every sessions division shall, for the purposes of this Code, be a district or part of a district or consist of districts. (2) The State Government, in consultation with the High Court, may after the limits or the number of such divisions and districts. (3) The sessions divisions and districts existing when the Punjab Separation of Judicial and Executive Functions Act, 1964, comes into force shall be sessions divisions and districts respectively, unless and until they are so altered." (Punjab Act 25 of 1964). RAJASTHAN. Abu Area.-In its application to the Abu area of the State of Rajasthan, the amendment made in Section 7 is the same as that made in Maharashtra.-Central Act XXXVII of 1956, Section 119 (1-1-1956). TAMIL NADU.-In Section 7- In its application to the State of Tamil Nadu in Section 7 : (i) sub-section ( 1) omit the brackets and words "excluding the presidency-towns," and (ii) after sub-section (1) insert the following : "(1-A) For the purposes of this Code, the presidency-town of Madras shall be a sessions division." (Mad Act XXXIV of 1955, Section 3). Union Territories (except Chandigarh) In their application to all the Union Territories except Chandigarh for sub-sections (2) and (3) substitute the following, namely "(2) The State Government, in consultation with the High Court, may alter the limits, or the number, of such divisions and districts. (3) The sessions divisions and districts existing in any Union Territory immediately before the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 in that Union territory shall be sessions divisions and district respectively, unless and until they are altered as provided in sub-section (2)". Act 19 of 1969, Section 3 and Sch., Item 2. WEST BENGAL.-(1) In its application to the State of West Bengal, for Section 7 substitute the following "7. Sessions divisions and districts.-(1) The State of West Bengal shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts. (2) The State Government, in consultation with the High Court may alter the limits or the number of such divisions and districts. (3) The sessions divisions and districts existing when the W. B. Separation of Judicial and Executive Functions Act, 1970, comes into force shall be sessions divisions and districts respectively, unless and until they are so altered."-W. B. Act 8 of 1970, Section 3 and Sch., item 4.

SECTION 8: Power to divide districts into sub-divisions:

(1) The State Government may divide any district outside the presidency-towns into subdivisions, or make any portion of any such district a sub-division and may alter the limits of any sub-division.

Existing sub-divisions maintained.-(2) All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code. State Amendments In its application to State of- GAJARAT.-In sub-section (1) for the words "outside the presidency towns" substitute the words "outside city of Ahmedabad" subs. vide Central Act XI of 1960 and Guj. Act XIX of 1961. MAHARASHTRA.-In sub-section (1) for the words "outside the presidency-towns" substitute the words "outside Greater Bombay". (Bom. Act 23 of 1951, Section 2 and Sch.). (2) After the reorganization of the State of Bombay in 1956, this Bombay Act was extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha as from 1-9-1959 by Bombay Act XCVII of 1958. RAJASTHAN. Abu Area.-In its application to the Abu area of the State of Rajasthan, the amendment made in Section 8 is the same as that made in Maharashtra.-Central Act XXXVII of 1956, Section 119 (1-11-1956).

SECTION 9: Court of session:

(1) The State Government shall establish a Court of Session for every sessions division, and appoint a Judge of such Court.

[(2) The State Government may, by general or special order in the Official Gazette, direct at what place or places the Court of Session shall ordinarily hold its sitting; 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 sitting 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.]

(3) The State Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such Courts.

(4) A Sessions Judge of one sessions division may be appointed by the State Government to be also an Additional Sessions Judge of another division, and in such case be may sit for the disposal of cases at such places space or in either division as the State Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act. State Amendments ANDHRA PRADESH. Addict Territories.-In its application to the territories added to the State of Andhra Pradesh under the Central Act LVI of 1959 the amendment made in the heading "C" occurring before Section 9 by Madras Act XXXIV of 1955 is repealed by Andh Pra. A. L. O., 1961 (w. e. f. 1.4-1960). GUJARAT.-(1) In its application to the State of Gujarat, the amendments are the same as those made in Maharashtra, subject to the following adaptations, namely (a) In its application to the City of Ahmedabad,for words "Greater Bombay" the words "City of Ahmedabad" are to be substituted.- Central Act XI of 1960, Section 87 and Guj Act XIX of 1961, Section 15 (4-11-1961). (2) For notification issued by the State Government under Section 7 and Section 9(2) constituting the sessions divisions of Ahmedabad and the places where it is to hold its sittings from 4.11-1961, see Notification No .CCC. 1061/4166-(iii)-D, dated 27-10-1961 published in Guj. Govt. Gas., 1961, Pt IV-A, p. 272. MAHARASHTRA.-(i) For the heading "C-Courts and offices outside the Presidency towns" the heading "C-Court of Sessions for Greater Bombay and Courts and Offices outside Greater Bombay" is substituted ; [(Bombay Act 32 of 1948, Section 3) (10-4-1948)] ; (ii) in sub-section (1) after the words "sessions division, and" insert the words "in consultation with the High Court" ; (iii) in sub-section (3), after the words "may also" insert the words "in consultation with the High Court"; (iv) in sub-section (4) after the words "sessions division may" insert the words "in consultation with the High Court". (Bombay Act 23 of 1951, Section 2 and Sch). PUNJAB, HARYANA, 'AND CHANDIGARH (i) in sub-section (1), after the words "sessions divisions, and" the words "in consultation with the High Court" shall be inserted; (ii) in sub-section (2), after the words "State Government", the words "in consultation with the High Court" shall be inserted; (iii) in sub-section (3), after the words "may also", the words "in consultation with the High Court" shall be inserted, and (iv) in sub-section (4), after the words "State Government" occurring twice, the words "in consultation with the High Court" shall be inserted. (Punjab Act 25 of 1964 .Act 31 of 966). RAJASTHAN. Abu Area.-In its application to the Abu area of the State of Rajasthan, the amendments made in Section 9 are the same as those made in Maharashtra.-Central Act XX.XVII of 1956, Section 119 (1-11-1956). TAMIL NADU.-For the heading "C-Courts and offices outside the Presidency towns" substitute "C-Court of sessions for the Presidency-town of Madras and Offices outside the presidency-town of Madras". [(Mad. Act 34 of 1955, Section 4 ) (1-1-1956).] Union Territories (except Chandigarh) In its application to the Union territories except Chandigarh in Section 9.- (i) in sub-section (1), after the words "sessions division, and," substitute the words "in consultation with the High Court,"; (ii) in sub-section (2), after the words "State Government", substitute the words "in consultation with the High Court," ; (iii) in sub-section (3), after the words "may also," substitute the words "in consultation with the High Court," and (iv) in sub-section (4), after the words "State Government," wherever they occur, insert the words "in consultation with the High Court."-Act 19 of 1969, Section 3 and Sch., item 3 (in Delhi, on 2-10-1969). WEST BENGAL.-(1) In the heading "C-Courts and offices outside the Presidency towns" omit the words "outside the Presidency-towns". (W.B. Act 20 of 1958, Section 17 and Sch. II.) (2) In sub-section (1), for the words "and appoint" substitute the words "and, in consultation with the high Court, appoint", W.B. Act 8 of 1970. (3) In sub-section (2), (3) and (4), for the words 'State Government' wherever they occur, substitute the words "State Government, in cousultation with the High Court" Presi Act VIII of 1968.

SECTION 10: District Magistrate:

State Amendments ASSAM.-In its application to the State of Assam, in Section 10, for words "an Additional District Magistrate" occurring between the words 'be' and 'and' substitute the words "one or more Additional District Magistrates," and for the words "such Additional District Magistrates" occurring, between the words 'and' and 'shall', substitute the words "an Addi- tional District Magistrate,"-Assam Act XX of 1966, Section 2. GUJARAT.-- In its application to the State of Gujarat the amendments made in Section 10 are the same as those made -in Maharashtra, subject however, to the adaptation that in its application to the "City of Ahmedabad" for the words "Greater Bombay" the words "City of Ahmedabad' 'are to be substituted.-Central Act XI of 1960, Section 87 and Guj. Act XIX of 1961, Section 15 (dated 4-11-1961). MAHARASHTRA.-In Section 10,- (i) in sub-section (1)- (a) for the words "outside the presidency-towns" substitute the words "Outside Greater Bombay"; {b) delete the words "Magistrate of the first class, who shall be called the". (ii) in sub-section (2)- (a) delete the words "any Magistrate of the first class to be", (b) for the words "an Additional District Magistrate" substitute the words "one or more Additional District Magistrates" ; (c) for the words "Such Additional District Magistrate" substitute the words "an Additional District Magistrate"; (iii) after sub-section (2), add the following new sub-section (2-A) : "(2-A) For the purposes of sub-section (3) of Section 528, such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate." ; (iv) after sub-section (2-A) in place of deleted sub-section (3) insert the following: "(3) For the purposes of sub-section (3) of Section 192, Section 406-B and sub-section (3-A) of Section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrates." (Bom. Acts 23 of 1951, Section 2 and (Sch. 8 of 1954, Section 2 and Sch. and 21 of 1954, Section 3 and Sch. II). MYSORE.-In its application to the State of Mysore, in Section 10 : (i) in sub-section (1), omit the words "Magistrate of the First Class, who shall be called the" ; (ii) in sub-section (2), for the words "any Magistrate of the first class to be an Additional District Magistrate," substitute the words "one or more Additional District Magistrates" and for the words "such Additional District Magistrate," substitute the words "an Additional District Magistrate" ; (iii) For sub-section (3) substitute the following- "(3) For the purpose of sub-section (3) of Section 192, and sub-sections (3) and (3-A) of Section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrate."-Mys. Act XIII of 1965, Section 6 (1-10-1965). PUNJAB, HARYANA AND CHANDIGARH- (i) in sub-section (1), for the words "a Magistrate" the words "an Executive Magistrate" shall be substituted, and after that sub-section as so amended, the following sub-section shall be inserted, namely : "(1-A) In every district the High Court shall invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force." ; (ii) in sub-section (2), for the words "any Magistrate of the first class to be an Additional District Magistrate", the words "any Executive Magistrate of the first class to be an Additional District Magistrate" shall be substituted; and (iii) the marginal heading shall be substituted by the following, namely : "District Magistrate and Chief Judicial Magistrate." RAJASTHAN : Abu area.-In its application to the Abu area of the State of Rajasthan, the amendments made in Section 10 are the same as those made in (1) of Maharashtra- Central Act XXXVII of 1956, Section 119 (1-11-1956). UNION TERRITORIES (except Chandigarh). In its application to the Union territories, in Section 10- (i) for the marginal heading, substitute the following marginal heading, namely "District Magistrate and Chief Judicial Magistrate."; (ii) in sub-section (1), for the words "a Magistrate," substitute the words "an Executive Magistrate"; (iii) in sub-section (2), for the words "any Magistrate of the first class," substitute the words "any Executive Magistrate of the first class" and after that sub-section as so amended, insert the following sub-sections, namely "(2-A) In every district the State Government shall, in consultation with the High Court, invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force". "(2-B) The State Government may, in consultation with the High Court, appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and such Additional Chief Judicial Magistrate shall have all or any of 18 . the powers of a Chief Judicial Magistrate referred to in sub-section (2-A)as the State Government may, in consultation with the High Court direct," (iv) for sub-section (3), substitute the following sub-section, namely : "(3) For the purposes of Section 88, sub-section (6-C), Section 406-B and Section 528, sub-sections (2-B) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate; and for the purposes of Section 88, sub-section (6-C), Section 192, sub-section (1), Section 406-B and Section 528, sub-sections (2) and (2-A), such Additional Chief Judicial Magistrate shall be deemed to be subordinate to the Chief Judicial Magistrate."-Act 19 of 1969, Section 3 and Sch., item 4 (in Delhi on 2-10-1969). WEST BENGAL.-In its application to the State of West Bengal, in Section 10- (i) in sub-section (1), for the words 'a Magistrate,' substitute 'an Executive Magistrate'; (ii) in sub-section (2), for the words 'any Magistrate,' substitute 'any Executive Magistrate'; (iii) in sub-section (3), for the words 'Section 192, sub-section (1),' substitute the figures, words, brackets and letter, "Sections 88, sub-section (6-C), 124, 125, 192, sub-section (1)," W.B. Act 8 of 1970, Section 3 and Sch., item 6; (iv) after sub-section (2), insert the following sub-section, namely : "(2-A) A District Magistrate may, by a general or a special order, authorise an Additional District Magistrate to do any act or take any action required by a Court or other competent authority to be done or taken by the District Magistrate, if such act or action is within the powers conferred on the Additional District Magistrate under sub-section (2), except where the District Magistrate is directed, expressly or by necessary implication, to do such act or take such action himself." -W.B. Act XII of 1966, Section 3 (11-5-1966).

(1) In every district outside the presidency-towns the State Government shall appoint a Magistrate of the first class, who shall be called the District Magistrate.

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

[(3) For the purposes of (section 192), sub-section (1), * * * and 528, sub-sections (2) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.]

SECTION 11: Officers temporarily succeeding to vacancies in office of District Magistrate:

Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief 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.

SECTION 12: Subordinate Magistrates:

State Amendments GUJARAT.-In its application to the State of Gujarat, the amendments made in Section 12 are the same as those made in Maharashtra, subject however, to the adaptation that in its application to the City of Ahmedabad for the words "Greater Bombay" the words "City of Ahmedabad" are to be substituted- Central Act XI of 1960, Section 87 and Guj. Act XIX of 1961, Section 15 (4-11.1961). MAHARASHTRA.-(i) In sub-section (1)- (a) delete the words "beside the District Magistrate" ; (b) for the words "outside the presidency towns" substitute the words "outside Greater Bombay"; (c) delete the words "The State Government or the District Magistrate) subject to the control of the State Government". (Bom. Act 23 of 1951, Section 2 and Sch.) ; (d) for the words "may from time to time" substitute the words "the Sessions Judge, subject to the control of the High Court, may, from time to time". (Bom. Act 34 of 1953, Section 2). (ii) After sub-section (1) the following sub-section shall be inserted, namely "(1-A) The power of appointment of Magistrates under sub-section (1) shall on the issue of public notification under Article 237 of the Constitution, be exercised subject to the terms of the said notification." (iii) For the marginal note to the said section, substitute the following "Judicial Magistrates". (Bom. Act 23 of 1951, Section 2 and Sch.) MYSORE.-In its application to the State of Mysore, for Section 12, substitute the following "12. Judicial Magistrates.-(1) The State Government may appoint as many persons as it thinks, to be Magistrates of the first, second or third class in many districts, and the Sessions Judge subject to the control of the High Court, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code: Provided that the power of appointment of Magistrates under this sub-section shall on the issue on a public notification under Article 237 of the Constitution be exercised subject to the terms of the said notification. (2) Except as otherwise provided by such definition, the jursidiction and powers of such Magistrates shall extend throughout such district."-Mys. Act XIII of 1965, Section 7 (1-10-1965). PUNJAB HARYANA AND CHANDIGARH.-For Section 12 the following shall be substituted, namely.-- "12. Executive and Judicial Magistrates.-(1) The State Government may appoint as many persons as it thinks fit besides the District Magistrate, to be Executive Magistrates of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the state Government may, from time to time, define local areas within which such persons may exercis e all or any of the powers with which they may respectively be invested under this Code. (2) The High Court may confer on any person who is a member of the Punjab Civil Service (Judicial Branch) the powers of any class of a Judicial Magistrate in any district; and the High Court or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time, define local areas within which he may exercise all or any of the powers with which he may be invested under this Code. (3) The State Government, in consultation with the High Court, may, for such period not exceeding six months from the commencement of the Punjab Separation of Judicial and Executive Functions Act, 1964, as it may think fit, appoint as many persons, who are members of the Punjab Civil Service (Executive Branch), as maybe considered necessary to be Judicial Magistrates in any district ; and the State Government, in consultation with the High Court, may define local areas within such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code. (4) Except as otherwise provided by such definition, the jurisdiction and powers of such persous shall extend throughout such district. (5) The power of appointment of Judicial Magistrates under sub-sections (2) and (3) shall, on the issue of a public notification under Article 237 of the Constitution of India, be exercised subject to the terms of the said notification." (Punjab Act 25 of 1964). RAJASTHAN.-Abu Area.-In its application to the Abu area of the State of Rajasthan, the amendments made in Section 12 are the same as those made in (1) of Maharashtra.- Central Act XXXVII of 1956, Section 119 (1-11-1956). UNION TERRITORIES (except Chandigarh). In its application to the Union territories, for Section 12, substitute the following, namely "12. Executive Magistrates and Judicial Magistrates.-(1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive Magistrates of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code. (2) The State Government in consultation with the High Court, may, confer on any person who is a Civil Judge or a member of the Judicial Service of a Union territory or a group of such territories, the powers of any class of Judicial Magistrates in any district ; and the State Government, in consultation with the High Court or, the Chief Judicial Magistrate subject to the control of the High Court may, from time to time, define local areas within which he may exercise all or any of the powers with which he may be invested under this Code. (3) The State Government, in consultation with the High Court may, for such period not .exceeding three years from the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act) 1969, as it may think fit appoint as many persons, who are members of a Civil Service in any Union territory or in any State and who are or have been exercising the powers of a Magistrate in such territory or State at or before the commencement of the said Act, as may be considered necessary to be Judicial Magistrates in any district, and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may, respectively be invested under this Code. (4) Except as otherwise provided by any such definition as is referred to in sub-section (1), (2) or (3), the jurisdiction and powers of such persons shall extend throughout such district."-Act 19 of 1969, Section 3 and Sch., Item 5 (in Delhi, 2-10-1969). WEST BENGA.L -In its application to the State of West Bengal, for Section 12, substitute the following, namely "12. Subordinate Executive and Judicial Magistrates.-(1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrates, to be Executive Magistrates of the first, second or third class in any district outside the presidency-town, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define the local areas within which such Executive Magistrates may exercise all or any of the powers with which they may respectively be invested under this Code. (2) The State Government may, in consultation with the High Court, appoint as many persons as it thinks fit, from among the members of the Judicial Service of the State, to be Judicial Magistrates of the first, second or third class in any district, outside the presidency-town, and the State Government in consultation with the High Court or Sessions Court, subject to the control of the State Government acting in consultation will the gh Court, may from time to time define the local areas within which such persons may exercise all or any of powers with which they may be invested under this Code. (3) Notwithstanding anything contained in sub-section (1), the State Government may, in consultation with the High Court, appoint for such period not exceeding five years from the commencement of West Bengal Separation of Judicial and Executive Functions Act, 1970, in any district outside the presidency-town as many persons as it considers necessary, who are or have been members of the West Bengal Civil Service (Executive) or the West Bengal Junior Civil Service, to be Judicial Magistrates in such district, and the State Government in consultation with the High Court of Sessions Judge, subject to the control of the State Government acting in consultation with the High Court, may define the local areas within which such persons may exercise all or any of the powers with which they may be invested under this Code. (4) Except as otherwise provided under sub-sections (1), (2) and (3) the jurisdiction and powers of Executive Magistrates and Judicial Magistrates shall extend throughout the district. (5) Appointment and control of Judicial Magistrates under sub-sections (2) and (3) shall, on the issue of a public notification published under Article 237 of the Constitution of India, be in accordance with the said notification."-W.B. Act 8 of 1970, W. 3 and Sch., Item 7.

(1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrate to be Magistrates of the first, second or third class in any district outside the presidency -towns ; and the State Government or the District Magistrate, subject to the control of the State Government may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(2) Local limits of their jurisdiction.-Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.

SECTION 13: Power to put Magistrate in charge of sub-division:

(1) The State Government may place any Magistrate of the first or second class in charge of a sub-division, and relieve him of the charge as occasion requires

(2) Such Magistrate shall be called Sub-divisional Magistrates.

(3) Delegation of power to District Magistrate- The State Government may delegate its powers under this section to the District Magistrate. State Amendments ASSAM._ Section 13 was substituted by Assam Act 13 of 1964: "13. (1) The State Government may appoint as many persons as it thinks fit to be sub-divisional Magistrates in any district in the State of Assam. (2) The State Government, or subject to the Control of the State Government, the District Magistrate may place one or more sub-divisional Magistrate in charge of a sub-division." GUIARAT.__In its application to the State of Gujarat, Section 13 is the same as the one substituted in Maharashtra, subject, however to the adaptation that in its application to the City of Ahmedabad for the words "Greater Bombay" the words "City of Ahmedabad" are to be substituted- Central Act XIX of 1961, Section 15 (4-11-1961). MAHARASHTRA.-In its application to the State of Maharashtra, for Section 13 substitute the following section : "13. (1) The State Government may appoint as many persons as it thinks fit to be Sub-divisional Magistrates and Taluka Magistrates in any district outside Greater Bombay. (2) The State Government or, subject to the control of the State Government, the District Magistrate may place- (i) one or more Sub-Divisional Magistrates in charge of a sub-division, and (ii) one or more Taluka Magistrates in charge of a taluka or mahal." (Bom. Acts 34 of 1953, Sections 3 and 8 of 1954, Section 2 and Sch). (2) After the reorganisation of the State of Bombay in 1956, Section 13 as substituted by the abovementioned Bombay Acts was extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha as from 1-9-1959 by Bom. Act XCVII of 1958. MYSORE.-In its application to the State of Mysore, for Section 13, substitute the following: "13. Appointment of Sub-Divisional Magistrates and Taluk Magistrates and their Jurisdiction.- (1) The State Government, may appoint as many persons as it thinks fit to be Sub-Divisional Magistrates and Taluk Magistrates in any district. (2) The State Government, or, subject to the control of the State Government, the District Magistrate, may place,- (i) one or more Sub-Divisional Magistrates in charge of a Sub-Division, and (ii) one or more Taluk Magistrates in charge of a Taluk." Mys. Act XIII of 1965, Section 7 (1-10-1965). PUNJAB AND HARYANA : CHANDIGARH.-In its application to the States of Punjab and Haryana and Union territory of Chandigarh in Section 13 in sub-section (1) for the word "Magistrate," substitute the words "Executive Magistrate." Punj Act XXV of 1964, Section 2 and Sch., Pt. I, item 7 (2-10-1964) and Act 31 of 1966, Sections 29 and 88 (1-11-1966). RAJASTHAN.-Abu Area.-In its application to the Abu area of the State of Rajasthan the amendment made in Section 13 is the same as that made in (1) of Maharashtra. Central XXXVII of 1956, Section 119 (1-11-1956). UNION TERRITORIES (except Chandigarh) In its application to the Union territories, in Section 13, for the word "Magistrate," substitute the words "Executive Magistrate". Act 19 of 1969, Section 3 and Sch., item 6 (in Delhi, on 2-10-1969). Section 13-A WEST BENGAL.-In its application to the State of West Bengal, after Section 13, insert the following section, namely : "13-A Appointment of Sub-Divisional Judicial Magistrates.-(1) The High Court may place any Judicial Magistrate of the first or second class, in charge of a sub-division, and relieve him of the charge as occasion required. (2) Such Judicial Magistrates shall be called Sub-divisional Judicial Magistrates. (3) The High Court, may delegate its powers under this section to the Sessions Judge of the district where the appointment is to be made, subject to such conditions, if any, as it thinks fit". W.B. Act VIII of 1970, Section 3 and Sch., Item 9.

SECTION 14: Special Magistrates:

(1) The Government may confer upon any person [who holds or has held any judicial post under the Union or a State or possesses such other qualifications as may, in .consultation with the High Court, be specified in. this behalf by the State Government by notifica tion in the Official Gazette] all or any of the powers conferred or conferable by or under this Code on a Magistrate of the first, second or third 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 outside the presidency towns.

(2) Such Magistrates shall be called Special Magistrates, and shall be appointed for such term as the State Government may by general or special order direct.

* * * The State Government may delegate, with such limitations as it thinks fit, to any officer under its control the powers conferred by subsection (1).

(4) No powers shall be conferred under this section on any police officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force. State Amendments GUJARAT.-In its application to the State of Gujarat, Section 14 is the same as the one substituted in Maharashtra-see Central Act XI of 1960, Section 87. MAHARASHTRA.-(1) In its application to the State of Maharashtra- (a) for Section 14 substitute the following section, namely,- "14. Special Magistrates.-(1) The State Government may, in consultation with the High Court confer upon any person who holds or has held any judicial post under the Union or a State, or possesses such other qualifications as may, in consultation with the High Court, be specified in this behalf by the State Government by notification in the Official Gaeette, all or any of the powers conferred or conferable by or under this Code on 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. Such Magistrate shall be called Special Judicial Magistrate and shall be appointed for such term as the State Government may in consultation with the High Court by general or special order, direct. (2) The State Government may also appoint executive Magistrates for particular areas or for the performance of particular functions and confer upon them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct: Provided that no power shall be conferred under this sub-section on any police officer below the grade of Assistant or Deputy Superintendent and no power shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force. (3) The State Government may delegate, with such limitations as may think fit, to any other officer under its control the powers conferred by sub-section (1) or subsection (2)." (Bom. Acts 23 of 1951 ,39 of 1955; 20 of 1956 and 97 of 1958.) After the reorganization of the State of Bombay in 1956, Section 14 as substituted and amended by the abov rmentioned Bombay Act was extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha as from 1-9-1969 Bom. Act XCVII of 1958. MYSORE-In its application to the State of Mysore for Section 14, substitute the following : "14 Special Magistrates -(1) The State Government may, in consultation with the High Court confer upon any person who holds or has held any judicial post under the Union or a State, or possesses such other qualifications as may, in consultation with the High Court, be specified in this behalf by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code, on a Judicial Magistrate in respect to particular cases or to a particular class of cases, or in regard to casts, generally in any local area. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the State Government may, in consultation with the High Court, by general or special order, direct (2) The State Government may also appoint Executive Magistrates for particular areas or for the performance of particular functions and confer upon them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct: Provided that no powers shall be conferred under this sub-section on any police officer below the grade of Assistant or Deputy Superintendent and no power shall be conferred on a police officer, except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force. (3) The State Government may delegate, with such limitations as it may think fit, to any other officer under its control the powers conferred by sub-section (2)." Mys. Act 13 of 1965, Section 7 (1-10-1965). PUNJAB, HARYANA AND CHANDIGARH.-In its application to the State of Punjab and Haryana and Union Territory of Chandigarh, for Section 14 substitute the following section, namely: "14. Special Judicial Magistrates.-1 he State Government may, in consultation with the High Court confer upon any person who holds or has held any judicial post under the Union or a State, or possesses such other qualifications as may, in consultation with the High. Court, be specified in this behalf by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class of cases, or in regard to cases generally in any local area. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such terms as the State Government may, in consultation with the High Court, by general or special order, direct." (Punjab Act 25 of 1964.) RAJASTHAN.-Abu area.-In its application to the Abu area of the State of Rajasthan the amendment made in Section 14 is the same as that made in (1) (a) of Maharashtra. [Central Act XXXVII of 1956, Section 119 (1-11-1956).] UNION TERRITORIES (except Chandigarh) In its application to the Union territories, for Section 14 substitute the following, namely : "14. Special Executive Magistrates.-The State Government may appoint Executive Magistrates for particular areas or for the performance of particular functions and confer on them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct." Act 19 of 1969, Section 3 and Sch., item 7 (in Delhi on 2-10-1969). WEST BENGAL.-In its application to the State of West Bengal, for Section 14, substitute the following, namely: "14. Special Executive and Judicial Magistrates.-(1) The State Government may confer upon any person who possesses such qualifications as may be specified in this behalf by the State Government, by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code, on an Executive Magistrate of the first, second or third class for a particular purpose or for particular purposes in any local area, outside the Presidency-town. (2) Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may by general or special order (3) The State Government may delegate, with such linaration as it thinks fit, to any officer under its control the powers conferred by sub-section (1). (4) The State Government may, in consultation with the High Court, corner upon any person who holds or has held any judicial post under any judicial post under the Union or a State, or possesses such other qualifications, as may, in consultation with the High Court, be specified in this behalf by the State Government by notification in the Official Gazette, all or any of the powers conferred as conferable by or under this Code, on a Judicial Magistrate of the first, second or third class in regard to particular cases or to a particular classes of cases, or in regard to cases generally, in any local area, outside the Presidency-town. (5) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the State Government may, in consultation with the High Court, by general or special order, direct. (6) No powers shall be conferred under this section on any police officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detaining offenders in order to their being brought before the appropriate Magistrate and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.". W. B. Act VIII of 1970, Section 3 and Sch., item 10.

SECTION 15: Benches of Magistrates:

(1) The State Government may direct any two or more Magistrates in any place outside the presidency-towns to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or, such classes of cases only, and within such local limits, as the State Government thinks fit.

(2) Powers exercisable by Bench in absence of special direction. -Except as otherwise provided by any order under this section, every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as far as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class. State Amendments GUJARAT-In its application to the State of Gujarat, the amendment made in Section 15, is the same as that made in Maharashtra, subject however to the adaptation that in its application to the City of Ahmedabad for the words "Greater Bombay" the words "City of Ahmedabad" be sukstituted. Central Act XI of 1960, Section 87 and GUI. Act XIX of 1961, Section 15 (4-11-1961). MAHARASHTRA .---(1) In its application to the State of Maharashtra in sub-section (1). for the words "the State Government may direct any two or more Magistrates in any place outside the Presidency-towns' 'substitute the words "the State Government may, in consultation with the High Court, direct any two or more Judicial Magistrates in any place outside Greater Bombay". Bombay Act XXIII of 1951, Section 2 and Sch. (1-7-1953). (2) After the reorganization of the State of Bombay in 1956, the amendment made in Section 15 by the abovementioned Bombay Act is extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha of the new State of Bombay as from 1-9-1959 by Bombay Act XCII of 1958. MYSORE.-In sub-section (1), for the word "Magistrates", substitute the word "Judicial Magistrate". Mys. Act XIII of 1965, Section 8 (1-10-1965). PUNJAB, HARYANA AND CHANDIGARH.-For sub-section (1) the following shall be substituted, namely "(1) The High Court may direct any two or more Judicial Magistrates in any place in the State of Punjab to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or, such classes of cases only, and within such local limits, as the High Court thinks fit." (Punjab Act 25 of 1964 and Act 31 of 1966). RAJASTHAN.-Abu Ana.-In its application to the Abu area of the State of Rajasthan, the amendment made in Section 15 is the same as that made in (1) of Maharashtra. Central Act XXXVII of 1956, Section 119 (1-11-1956). UNION TERRITORIES (except Chandigarh) In its application to the Union territories, in Section 15, for sub-section (1), substitute the following, namely: "Benches of Judicial Magistrates.-(7) The State Government in consultation with the High Court, may direct any two or more Judicial Magistrates in any place in a Union territory to sit together as a Bench and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or, such classes of cases only and within such local limits as the State Government, in consultation with the High Court, thinks fit." Act 19 of 1869, Section 3 and Sch" Item 8 (in Delhi on 2-10-1969). WEST BENGAL.-In its application to the State of West Bengal, in Section 15- (a) in the marginal note, for the words "Benches of Magistrates", substitute "Benches of Judicial Magistrates"; (b) (i) in sub-section (1), after the words "State Government" in the two places they occur, insert the words "in consultation with the High Court" ; (ii) for the words "or more Magistrates" substitute "or moreJudicial Magistrates" ; (iii) for the words "a Magistrate" substitute "a Judicial Magistrate" ; (c) for the words "a Magistrate' 'in the two places they occur, substitute' 'a Judicial Magistrate." W.B. Act 8 of 1970, Section 3 and Sch" item 11.

SECTION 16: Power to frame rules for guidance of Benches:

The State Government may, or, subject to the control of the State Government, the District Magistrate may, from time to time, make rules consistent with this Code for the guidance of Magistrates' Benches in any district respecting the ' following subjects- (a) the classes of cases to be tried ; {b) the times and places of sitting ; (c) the constitution of the Bench for conducting trials ; (d) the mode of settling differences of opinion which may arise between the Magistrates in session. State Amendments GUJARAT.-In its application to the State of Gujarat, the amendment made in Section 16 is the same as that made in Maharashtra. See Central Act XI of 1960, Section 87. MAHARASHTRA.-(1) In its applicalion to the State of Maharashtra in Section 16 for the words "The State Government, may or subject to the control of the State Government, the District Magistrate" substitute the words "The High Court, subject to the sanction of the State Government." Bombay Act 23 of 1951, Section 2 and Sch. (2) After the reorganization of the State of Bombay in 1956, the amendment made in Section 16 by the abovementioned Bombay Act is extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha as from 1-9-1959 by Born. Act XCII of 1958. MYSORE.-In Section 16 of the principal Act, for the words "the State Government may, or, subject to the control of the State Government, the District Magistrate", the words "the High Court, subject to the approval of the State Government" shall be substituted. Mys. Act XIII of 1965, Section 9 (1-10-1965). PUNJAB, HARYANA AND CHANDIGARH- (i) for the words "The State Government may, or, subject to the control of the State Government, the District Magistrate", the words "The High Court, subject to the approval of the State Government", shall be substituted, and (ii) for the words "Magistrates' Benches", the words "Judicial Magistrates' Benches" shall be substituted. Punjab Act 25 of 1964 and 31 of 1966. RAJASTHAN.-Abu Area.-In its application to the Abu area of the State of Rajasthan the amendment made in Section 16 is the same as that made in (1) of Maharashtra. Central Act XXXVII of 1956, Section 119 (1-11-1956). UNION TERRITORIES (except Chandigarh)-In its application to the Union territories, in Section 16- (i) for the words "State Government...... District Magistrate", substitute the words "High Court, subject to the approval of the State Government" ; and (ii) for the words "Magistrates' Benches", substitute "Judicial Magistrates' Benches". Act 19 of 1969, Section 3 and Sch., item 9 (in Delhi on 2-10-1969). WEST BENGAL.-In its application to the State of West Bengal, in Section 16- (i) for the words "State Government, ...the District Magistrate", substitute the words "High Court with the previous approval of the State Government" ; (ii) for the words "Magistrates' Benches" substitute the words "Benches of Judicial Magistrates"; and (iii) for the words "Magistrates in Sessions", substitute "Judicial Magistrates in Sessions." W.B. Act VIII of 1970, Section 3 and Sch., item 12.

SECTION 17: Subordination of Magistrates and Benches to District Magistrate:

State Amendments GUJARAT.-Same as that of Maharashtra- MAHARASHTRA.-(1) In its application to the State of Maharashtra in Section 17 (i) In sub-section (1) of Section 17,- (a) For the words "All Magistrates" substitute the words "All Judicial Magistrates" ; (b) delete the figures "13"; (c) for the words "District Magistrates" substitute the words "Sessions Judges" ; (d) delete the word "and" at the end (ii) Delete sub-section (2) and sub-section (5). (iii) In the first marginal note to the section for the word "Magistrate" the words "Judicial Magistrates' ' and for the words "District Magistrate" the words "Sessions Judge" be substituted. (iv) In sub-section (4) of Section 17, for the words "by the District Magistrate and such Judge or Magistrate" substitute the words and brackets "by a Civil Judge (Senior Division) or if there is no Civil Judge (Senior Division), by the Session Judge or Additional or Assistant Sessions Judge of an adjoining Sessions Division, and such Judge". Bom. Act 23 of 1951, Section 2 and Sch. and LXXI of 1954, Section 2. (2) After the reorganization of the State of Bombay in 1956 the amendments made in Section 17 by the abovementioned Bombay Acts are extended to the newly added areas of Hyderabad, Kutch and Saurashtra and the region of Vidarbha as from 1-9-1959 by Bom. Act XCII of 1958. MYSORE-Same as that of Maharashtra, see Section 10 of Mysore Act 13 of 1965. PUNJAB, HARYANA AND CHANDIGARH.-The following sections shall be substituted, namely: "17. Subordination of Assistant Sessions Judges, Judicial Magistrates and Benches to Sessions Judge and Chief Judicial Magistrate.-(1) All Judicial Magistrates appointed under sub-sections (2) and (3) of Section 12 and Section 14 and all Benches constituted under Section 15. shall, subject to the control of the Sessions Judge be subordinate to the Chief Judicial Magistrate, and he may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches. (2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge. (3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges, (4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Addi- tional or Assistant Sessions Judge or, if there be no Additional or Assistant Sessions Judge by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application. ORISSA,__The words "or in his absence at headquarters by the Additional District Magistrate or if there be more than one such Additional District Magistrate by any one of them" were added in sub-section (4) after the words "by the District Magistrate". (Orissa Act 21 of 1959). RAJASTHAN-Abu area-Same as that of (1) of Maharashtra. UNION TERRITORIES (except Chandigarh), same as that of Punjab. , WEST BENGAL-In its application to the State of West Bengal, for Section 17, substitute the following sections namely : "17. Subordination of Executive Magistrates.-(1) All Executive Magistrates appointed under Sections 12, 13 and 14 shall be subordinate to the District Magistrate, and he may from time to time, make rules or give special orders consistent with this Code as to the distribution of business amongst such Magistrates. (2) Every Executive Magistrate in a sub-division shall be subordinate to the SubDivisional Executive Magistrate subject, however, to the general control of the District Magistrate. Section 17-A After Section 17, insert the following Section 17-A MAHARASHTRA "17-A. Subordination of Executive Magistrate.-(1) All Executive Magistrates appointed under Section 13 or 14 shall be subordinate to the District Magistrate and every Taluka Magistrate 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 magistrates subordinate to him and as to allocation of business to an Additional District Magistrate. Bom. Act VIII of 1954, Section 2 and Sch. PUNJAB, HARYANA AND CHANDIGARH 17-A. Subordination of Executive Magistrates.-(1) All Executive Magistrates appointed under sub-section (1) of Section 12 and Section 13 shall be subordinate to the District Magistrate and every Executive Magistrate (other than a sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Subdivisional 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 allocation of business to an Additional DistrictMagistrate. WEST BENGAL 17-A. Subordination of Judicial Magistrates and Benches.-(1) All Judicial Magistrates appointed under Sections 12, 13-A and 14 and all Benches constituted under Section 15 shall, subject to the control of the Sessions Judge, be subordinate to the Sub-Divisional Judicial Magistrate and the Sub-divisional Judicial Magistrate may from time to time distribute the business amongst such Judicial Magistrates and Benches consistent with this Code and the rules framed by the High Court. (2) The 'Sub-divisional Judicial Magistrate shall be subordinate to the Sessions Judge. (3). Notwithstanding anything contained in sub-section (1), the Sessions Judge may, in for any reason he thinks fit so to do, distribute the business referred to in that Subsection amongst the Judicial Magistrates and Benches within the Sessions divisions Consistently with this Code and the rule framed by the High Court. Section 17-B After Section 17-A, insert the following Section 17-B MAHARASHTRA "17-B. Inferior Criminal Courts.-Court of Sessions fand Courts of Magistrates including Courts of Presidency Magistrates) shall be Criminal Courts inferior to the High Court and Courts of Magistrates outside Greater Bombay, shall be Criminal Courts inferior to the Courts of Sessions." Bom. Act XXIII of 1951, Section 52 and Sch- PUNJAB, HARYANA AND CHANDIGARH 17-B. Courts inferior to the High Court and Court of Sesssion.-Courts of Session and Courts of Judicial Executive Magistrates shall be Criminal Courts inferior to the High Court and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the Court of Session." (Punjab Act XXV of 1964). WEST BENGAL 17-B. Subordination of Assistant Sessions Judge to Sessions Judge.-(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction and the Sessions Judge may from time to time distribute the business amongst such Assistant Sessions Judges consistent with this Code and the rules framed by the High Court. (2) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provisions for the disposal of any urgent application by the Additional or Assistant Sessions Judge, or if there be no Additional or Assistant Sessions Judge, by the Sub-divisional Judicial Magistrate, and any such Judge or Magistrate shall have jurisdiction to deal with any such application. Section 17-G After Section 17-B, insert the following Section 17-C WEST BENGAL 17-C. Delegation of powers by the High Court.-The High Court, and subject to its control the Sessions Judge, may authorise an Additional Seissions Judge to perform within its jurisdiction all or any of the powers of supervision and control over the Judicial Magistrates. Section 17-D After Section 17-C, insert the following Section 17-D WEST BENGAL 17-D. inferior Criminal Courts.-Courts of Sessions and Courts of Magistrates shall be Criminal Courts inferior to the High Court and Courts of Magistrates (excluding Courts of Presidency Magistrates) shall be criminal courts inferior to the Court of Session." W. B. Act 8 of 1970, Section 3 and Sch., item 13"

(1) All Magistrates appointed under Sections 12. 13 and 14, and all Benches constituted under Section 15, shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches; and

(2) To Sub-divisional Magistrate.-Every Magistrate (other than a Sub-Divisional Magistrate) and every Bench exercising powers in a subdivision shall also be subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate.

(3) Subordination of Assistant Sessions Judges to Sessions Judge. -All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make, provision for the disposal of any urgent application by an Additional or Assistant or Assistant Sessions Judge or, if there be no Additional or Assistant Judge, by the District Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.

(5) Neither the District Magistrate nor the Magistrates or Benches appointed or constituted under Sections 12, 13, 14 and 15 shall be subordinate to the Sessions Judge, except to the extent and in the manner hereinafter expressly provided.

SECTION 18: Appointment of Presidency Magistrates:

(1) The State Government shall, from time to time, appoint a sufficient number of persons (hereinafter called Presidency Magistrates) to be Magistrates for each of the presidency-towns and shall appoint one of such persons to be Chief Presidency Magistrate for each such town.

(2) The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate, or by a salaried Presidency Magistrate, or by any other Presidency Magistrate empowered by the State Government to sit singly, or by any Bench of Presidency Magistrates.

[(3) A Presidency Magistrate may be appointed under this section for such term as the State Government may, by general or special order, direct.

(4) The State Government may appoint any person to be an Additional Chief Presidency Magistrate, and such Additional Chief Presidency Magistrate shall have all or any of the powers of a Chief Presidency Magistrate under this Code or under any other law for the time being in force, as the State Government may direct.] State Amendments GUJARAT.-Ahmedabad.-With effect from the 4th November, 1961, the City of Ahmedabad is, by virtue of Section 13 of the Ahmedabad City Courts Act, 1961 (Guj. Act XIX of 1961), to be a sessions division and is to be deemed to be a district within the meaning of Section 7 of the Criminal Procedure Code and the Criminal Procedure Code is to have effect accordingly. MAHARASHTRA.-After sub-section (4) the following sub-section shall be added, namely : "(5) The power of appointment of the Chief Presidency Magistrate and the Additional Chief Presidency Magistrate shall be exercised in consultation with the High Court and the power of appointment of other Presidency Magistrates shall, on the issue of public notification under Article 237 of the Constitution, be exercised subject to the terms of the said notification." Bom. Act XXIII of 1951, Section 2 and Schedule. WEST BENGAL.-For Section 18, substitute the following, namely : "18. Appointment of Presidency Magistrate.-(1) Subject to the -provisions of subsection (4) and (5), the State Government in consultation with the High Court,- (a) shall from time to time, appoint a sufficient number of persons (hereinafter called 'the Presidency Magistrates') to be Magistrates for the Presidency-town of Calcutta and shall appoint one of such persons to be the Chief Presidency Magistrate for such town ; (it) may also appoint one of such Presidency Magistrates to be an Additional Chief Presidency Magistrate and such Additional Chief Presidency Magistrate shall have all or any of the powers of the Chief Presidency Magistrate under this Code or under any other law for the time being in force, as the State Government, in consultation with the High Court, may direct. (2) The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate or by any Presidency Magistrate or by any Bench of Presidency Magistrate. (3) A Presidency Magistrate may be appointed under this section for such term as the State Government in consultation with the High Court, may, by general or special order, direct. (4) The Chief Presidency Magistrate and the Additional Chief Presidency Magistrate shall be appointed from among the members of the West Bengal Higher Judicial Service. (5) The other Presidency Magistrates shall be appointed from among the members of the West Bengal Civil Service ( Judicial) : Provided that as many Presidency Magistrates, as may be considered necessary, may also be appointed from among the members of the West Bengal Civil Service (Executive) or West Bengal Junior Civil Service for such period not exceeding five years from the commencement of the West Bengal Separation of Judicial and Executive Functions Act, .1970, in the Presidency-town of Calcutta, as the State Government, in consultation with the High Court, may. think fit. (6) Appointment and control of Presidency Magistrates under sub-section (5) shall, on the issue of a notification published under Article 237 of the Constitution of India, be in accordance with the terms of the said notification."-West Bengal Act 8 of 1970, Section 3 and Sch., item 14. Section 18-A After Section 18, insert the following section, namely: MAHARAHTRA. "18-A. Special Presidency Magistrates.-The State Government may also appoint, for such term as it may, by special or general order, direct, any person as a Presidency Magistrate for the performance of all or any of the functions of a Presidency Magistrate excepting those relating to inquiry into, or cognizance, investigation or trial of, any offence. Such Presidency Magistrates shall be called Special Presidency Magistrate"- West Bengal Act 8 of 1970, Section 3 and Sch., item 15.

SECTION 19: Benches:

Any two or more of such persons may (subject to the rules made by the Chief Presidency Magistrate under the power hereinafter conferred) sit together as a Bench.

SECTION 20: Local limits of jurisdiction:

Every Presidency Magistrate shall exercise jurisdiction in all places within the presidency-town for which he is appointed, and within the limits of the port of such town and of any navigable river or channel leading thereto, as such limits are defined under the law for the time being in force for the regulation of ports and port-dues. State Amendment GUJARAT.-City of Ahmedabad.-In its application to the City of Ahmedabad, for the words "presidency-town", substitute the words "City of Ahmedabad".-Guj. Act XIX 1961, Section 15 (4-11-1961).

SECTION 21: Chief Presidency Magistrate:

(1) Every Chief Presidency Magistrate shall exercise within the local limits of his jurisdiction all the powers conferred on him by this Code or which by any law or rule in force immediately before the Code comes into force are required to be exercised by any Senior -or Chief Presidency Magistrate, and may, from time to time, with the previous sanction of the State Government, make rules consistent with this Code to regulate- (a) the conduct and distribution of business and the practice in the Courts of the Magistrates of the town; (b) the times and places at which Benches of Magistrates shall sit; (c) the constitution of such Benches ; (d) the mode of settling differences of opinion which may arise between Magistrates in session ; and (e) any other matter which could be dealt with by a District Magistrate under his general powers of control over the Magistrates subordinate to him.

(2) The State Government may) for the purposes of this Code, declare what Presidency Magistrates [including Additional Chief Presidency Magistrates] are subordinate to the Chief Presidency Magistrate, and may define the extent of their subordination. State Amendment WEST BENGAL,-In its application to the State of West Bengal in Section 21- (i) in sub-section (1), for the words "with the previous sanction of the State Government, made", substitute the words "make, with the previous approval of the High Court" ; (ii) in clause (e), for the words "could be dealt with, by a District Magistrate", substitute the words "requires to be dealt with by him" ; and (iii) in sub-section (2), after the word "declare", insert the words "in consultation with the High Court."-W. B. Act VIII of 1970, Section 3, and, Sch" item 16.

SECTION 22: Justicer of the Peace for the mofussil:

[Every State Government, so far as regards the territories suject to its administration [* * *] may, be notification in the Official Gazette, appoint such [persons resident within [India] and not being the subjects of any foreign State] as it thinks fit to be Justices of the Peace within and for the local area mentioned in such notification]. State Amendment ASSAM.-Same as in West Bengal except for clause (a) of Explanation which is as follows "(a) in a Municipality, award as notified under the Assam Municipal Act, 1956, and"-Assam Act XX of 1966, Section. WEST BENGAL.-For Section 22 of the Code, substitute the following: "22. Appointment of Justices of the Peace.-The State Government may, by notification in the Official Gazette, appoint, for such period as may be specified in the notification and subject to such rules as may be made by the State Government, any person who is a citizen of India and as tohose integrity and suitability it is satisfied, to be a Justice of the Peace for a local area to be mentioned in the notification, and more than one Justice of the Peace may be appointed for the same local area. Ss. 22-A and 22-B. (As inserted by States). ASSAM. Same as that of West Bengal with the following modifications- (i) for the word 'volunteer' wherever occurring, read "Home Guard" ; (ii) for clause (b) of sub-section (3) and Explanation thereto, read the following, namely- "(b) when made upon a Home-Guard, to have been made by a competent authority calling upon the Home Guard for duty under sub-section (1) of Section 7 of the Assam Home Guards Act, 1947. WEST BENGAL.-After S. 22 insert the following sections namely-

SECTION 22A: Powers of Justices of Peace:

(1) A Justice of the Peace for any local area shall, for the purpose of making arrest, have within such area all the powers of a police officer referred to in (Section 54) and of an officer incharge of a Police station referred to in (Section 55).

(2) A Justice of the Peace making an arrest in exercise of any powers under subsection (1) shall, forthwith take or cause to be taken the person arrested before the officer incharge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest. Such officer shall thereupon arrest the person.

(3) (i) A Justice of the Peace for any local area shall have power within such area, to call upon any member of the police force on duty or any volunteer to aid him__ (a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable com- plaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; (b)