India's criminal procedure code, replacing the Code of Criminal Procedure, 1973 — how an FIR is registered, how arrest and bail work, and how a case moves through investigation and trial. A curated selection; not the complete text.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
A police officer may arrest without a warrant a person who commits a cognizable offence in their presence, or against whom a reasonable complaint has been made or credible information received that they have committed a cognizable offence punishable with imprisonment of less than seven years, where the officer has reason to believe the arrest is necessary to prevent further offences, for proper investigation, to prevent the disappearance or tampering of evidence, to prevent inducement or threats to witnesses, or to secure the person's presence in court. The officer shall record the reasons in writing, and shall equally record reasons where they decide not to arrest. No person shall be arrested for an offence punishable with imprisonment of less than three years where the person is infirm or above sixty years of age, except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Every police officer or other person arresting any person without a warrant shall forthwith communicate to them the full particulars of the offence for which they are arrested or the grounds for the arrest. Where the offence is bailable, the officer shall inform the arrested person that they are entitled to be released on bail and that they may arrange for sureties on their behalf.
Every police officer or other person making an arrest shall forthwith give information regarding the arrest and the place where the arrested person is being held to any of their relatives, friends or such other person nominated by the arrested person for the purpose of giving such information. The police officer shall inform the arrested person of their rights under this section as soon as they are brought to the police station.
No police officer shall detain in custody a person arrested without a warrant for a longer period than is reasonable, and that period shall not, in the absence of a special order of a Magistrate, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court.
Every information relating to the commission of a cognizable offence may be given orally or by electronic communication, irrespective of the area where the offence is committed. Where given orally it shall be reduced to writing, read over to the informant, and signed by them; where given by electronic communication it shall be taken on record on being signed within three days. A copy of the information as recorded shall be given free of cost to the informant. Where the offence is punishable with imprisonment of three years or more but less than seven years, the officer may, with the prior permission of a superior officer, conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists.
Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area would have power to inquire into or try. No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which that officer was not empowered to investigate.
A police officer making an investigation may, by order in writing, require the attendance of any person within the limits of their own or any adjoining station who appears to be acquainted with the facts and circumstances of the case. No male person under the age of fifteen years or above the age of sixty years, no woman, and no person with acute illness shall be required to attend at any place other than the place in which they reside.
Any Magistrate may record any confession or statement made to them in the course of an investigation. Before recording a confession, the Magistrate shall explain to the person that they are not bound to make it and that anything said may be used as evidence against them, and shall satisfy themselves that it is being made voluntarily. Confessions shall be recorded in the manner provided for the examination of an accused and may be recorded by audio-video electronic means.
Where an investigation cannot be completed within twenty-four hours and there are grounds for believing the accusation is well-founded, the accused shall be forwarded to the nearest Magistrate, who may authorise detention for a term not exceeding fifteen days in the whole, and thereafter detention otherwise than in police custody for a total period of ninety days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for not less than ten years, and sixty days for any other offence. On the expiry of that period the accused shall be released on bail if they are prepared to and do furnish bail.
Every investigation shall be completed without unnecessary delay, and as soon as it is completed the officer in charge of the police station shall forward to the Magistrate a report in the prescribed form stating the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances, whether an offence appears to have been committed and by whom, whether the accused has been arrested and whether they have been released on bond. The police officer shall also inform the informant or victim of the progress of the investigation within ninety days.
Where a person has, during the period of investigation, inquiry or trial, undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence, they shall be released by the court on bond. For a first-time offender who has never been convicted of any offence, release on bond follows after detention extending up to one-third of that maximum period. This does not apply to an offence for which the punishment is death or imprisonment for life.
When a person accused of a non-bailable offence is arrested or appears before a court other than the High Court or Court of Session, they may be released on bail, but shall not be so released if there appear reasonable grounds for believing that they have been guilty of an offence punishable with death or imprisonment for life. That restriction does not apply where the person is under sixteen years of age, is a woman, or is sick or infirm.
Where a person has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence, they may apply to the High Court or the Court of Session for a direction that in the event of arrest they shall be released on bail. In considering the application the court has regard to the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing from justice, and whether the accusation has been made with the object of injuring or humiliating the applicant.
The High Court or the Court of Session may direct that any person accused of an offence and in custody be released on bail, and may impose any condition which it considers necessary. It may also direct that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified, and may cause any person who has been released on bail to be arrested and committed to custody.
Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, to prevent abuse of the process of any court, or otherwise to secure the ends of justice.