Chapter XXXIX: Miscellaneous Section 520: Trials before High Courts Section 521: Delivery to commanding officers of persons liable to be tried by Court-martial This section manages the jurisdiction (who gets to hold the trial) when a member of the Armed Forces commits a crime. Section 522: Forms Section 523: Power of High Court to make
Chapter XXXVIII: Limitation for Taking Cognizance of Certain Offences This chapter is the “statute of limitations” for criminal cases. It sets a deadline by which a court must start a case (take cognizance) for less serious offences. Section 513: Definitions Section 514: Bar to taking cognizance after lapse of period of limitation This is the
Chapter XXXVII: Irregular Proceedings This chapter deals with procedural mistakes by judges and Magistrates and clarifies which mistakes are serious enough to void a trial and which are not. Section 506: Irregularities which do not vitiate proceedings This is the “safe list.” These are procedural errors that DO NOT make the proceeding invalid, as long
Chapter XXXVI: Disposal of Property Section 497: Order for custody and disposal of property pending trial in certain cases This section deals with “case property” (known as muddemal) during the investigation and trial. Section 498: Order for disposal of property at conclusion of trial This section deals with what happens to the property after the
Chapter XXXV: Provisions as to Bail and Bonds This chapter details the rules for when and how an accused person can be released from custody while awaiting trial. Section 478: In what cases bail to be taken. Section 479: Maximum period for which under-trial prisoner can be detained. This section provides a “default bail” right
CHAPTER XXXIV: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES This chapter explains what happens after a person is convicted and sentenced. “Execution” means “carrying out the sentence.” A.—Death sentences Section 453: Execution of order passed under section 409 Section 454: Execution of sentence of death passed by High Court Section 455: Postponement of execution of
CHAPTER XXXIII: TRANSFER OF CRIMINAL CASES This chapter explains the power of courts to move a case from one court to another, one district to another, or even one state to another, to ensure a fair trial. Section 446: Power of Supreme Court to transfer cases and appeals Section 447: Power of High Court to
CHAPTER XXXII: REFERENCE AND REVISION This chapter explains the two ways a higher court can supervise a lower court, other than a standard appeal. Section 436: Reference to High Court This is a procedure called “Reference,” where a lower court asks the High Court for an answer on a question of law. Section 437: Disposal
CHAPTER XXXI: APPEALS This chapter lays out the entire framework for appealing a criminal court’s judgment. Section 413: No appeal to lie unless otherwise provided Section 414: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior Section 415: Appeals from convictions This is the main section
CHAPTER XXX: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION This chapter details the automatic and mandatory review process for all death sentences. A death sentence cannot be carried out until a High Court confirms it. Section 407: Sentence of death to be submitted by Court of Session for confirmation Section 408: Power to direct further inquiry
