Tuesday, 27 April 2021

Constitution Of India Article 31A - Saving of laws providing for acquisition of estates, etc

 Description

(1) Notwithstanding anything contained in article 13, no law providing for:

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or

(b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or

(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or

(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or

(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19:[2]

Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:[3]

Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.[4]

(2) In this article,

(a) the expression estate shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include

(i) any jagir, inam or muafi or other similar grant and in the States of [6]Tamil Nadu and Kerala, any janmam right;

(ii) any land held under ryotwari settlement;

(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;[5]

(b) the expression rights, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat [7]or other intermediary and any rights or privileges in respect of land revenue.

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1. Inserted by First Amendment Act, s.4 (w.e.f. 18-06-1951).

2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.7, for "article 14, article 19 or article 31" (w.e.f. 20-6-1979).

3. Subs. by the Constitution (Fourth Amendment) Act, 1955, s.3, for clause(1).

4. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s.2.

5. Subs. by s.2, ibid., for sub-clause(a).

6. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s.4, for "Madras" (w.e..f. 14-1-1969).

7. Ins. by the Constitution (Fourth Amendment) Act, 1955, s.3.


Constitution Of India Article 31 - Repealed

 Description

[Compulsory acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s.6 (w.e.f. 20-6-1979).


Constitution Of India Article 30-1 - Subarticle 1 of Article 30

 Description

All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.


Constitution Of India Article 30 - Right of minorities to establish and administer educational institutions

 Description

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

[1](1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

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1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s.4 (w.e.f. 20-6-1979).


Constitution Of India Article 29-2 - Subarticle 2 of Article 29

 Description

No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.


Constitution Of India Article 29-1 - Subarticle 1 of Article 29

 Description

Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same

Constitution Of India Article 29 - Protection of interests of minorities

 Description

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.


(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Constitution Of India Article 28 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions

 Description

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.


(2) Nothing in clause

(1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.


(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.


Constitution Of India Article 27 - Freedom as to payment of taxes for promotion of any particular religion

 Description

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Constitution Of India Article 26 - Freedom to manage religious affairs

 Description

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right:

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

Constitution Of India Article 25 - Freedom of conscience and free profession, practice and propagation of religion

 Description

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law:

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.


Explanation I-

The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.


Explanation II-

In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.


Constitution Of India Article 24 - Prohibition of employment of children in factories, etc

 Description

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Constitution Of India Article 23 - Prohibition of traffic in human beings and forced labour

 Description

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.


(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.


Constitution Of India Article 22 - Protection against arrest and detention in certain cases

 Description

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply:

(a) to any person who for the time being is an enemy alien; or

(b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause(b) of clause (7); or

(b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe:

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause () of clause (4);

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

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1. On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.


Constitution Of India Article 21A - Right to education

 Description

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

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1. Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s.2 (w.e.f. 1-4-2010).


Constitution Of India Article 21 - Protection of life and personal liberty

 Description

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Constitution Of India Article 20-3 - Subarticle 3 of Article 20

 Description

No person accused of any offence shall be compelled to be a witness against himself.

Constitution Of India Article 20-1 - Subarticle 1 of Article 20

 Description

No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Constitution Of India Article 20 - Protection in respect of conviction for offences

 Description

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.


Constitution Of India Article 19-2 - Subarticle 2 of Article 19

 Description

Nothing in sub-clause(a) of clause(1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Constitution Of India Article 19-1G - Subarticle 1G of Article 19

 Description

To practise any profession, or to carry on any occupation, trade or business.


Constitution Of India Article 19-1B - Subarticle 1B of Article 19

Description

To assemble peaceably and without arms


 

Constitution Of India Article 19-1A - Subarticle 1A of Article 19

 Description

To freedom of speech and expression


Constitution Of India Article 19 - Protection of certain rights regarding freedom of speech, etc.

 Description

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions or [7]co-operative societies;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; [3]and[4]

(g) to practise any profession, or to carry on any occupation, trade or business.


[1](2) Nothing in sub-clause(a) of clause(1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.


(3) Nothing in sub-clause(b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order[5], reasonable restrictions on the exercise of the right conferred by the said sub-clause.


(4) Nothing in sub-clause(c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.


(5) Nothing in sub-clauses(d)and(e)[6] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.


Constitution Of India Article 18 - Abolition of titles

 Description

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State

Constitution Of India Article 17 - Abolition of UntouchabilitY

Description

"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.


Constitution Of India Article 16-4B - Subarticle 4B of Article 16

 Description

Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.


Constitution Of India Article 16-4A - Subarticle 4A of Article 16

 Description

Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class[3] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

Constitution Of India Article 16-4 - Subarticle 4 of Article 16

 Description

Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.


(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class[3] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.


(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.


Constitution Of India Article 16 - Equality of opportunity in matters of public employment

 Description

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory[1] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

[2](4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class[3] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

[4](4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

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1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.29 and Sch., for "under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State".

2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s.2.

3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s.2, for certain words (w.e.f. 17-6-1995).

4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s.2 (w.e.f. 9-6-2000).


Constitution Of India Article 15-5 - Subarticle 5 of Article 15

 Description

Nothing in this article or in sub-clause(g) of clause(1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause(1) of article 30.

Constitution Of India Article 15-4 - Subarticle 4 of Article 15

 Description

Nothing in this article or in clause(2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.


Constitution Of India Article 15-4 - Subarticle 4 of Article 15

 Description

Nothing in this article or in clause(2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.


Constitution Of India Article 15-3 - Subarticle 3 of Article 15

 Description

Nothing in this article shall prevent the State from making any special provision for women and children.

Constitution Of India Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

 Description

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

[1](4) Nothing in this article or in clause(2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

(5) Nothing in this article or in sub-clause(g) of clause(1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause(1) of article 30.

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1. Ame. by First Amendment Act, s.2 (w.e.f. 18-06-1951.).

2. Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s.2 (w.e.f. 20-1-2006).


Constitution Of India Article 14 - Equality before law

 Description

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Constitution Of India Article 13 - Laws inconsistent with or in derogation of the fundamental rights

 Description

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise requires,

(a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

[1](4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.

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1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s.2.


Constitution Of India Article 12 - Definition

 Description

In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India


Constitution Of India Article 11 - Parliament to regulate the right of citizenship by law

 Description

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Constitution Of India Article 10 - Continuance of the rights of citizenship

 Description

No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Constitution Of India Article 9 - Persons voluntarily acquiring citizenship of a foreign State not to be citizens

 Description

No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.


Constitution Of India Article 8 - Rights of citizenship of certain persons of Indian origin residing outside India

 Description

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.


Constitution Of India Article 7 - Rights of citizenship of certain migrants to Pakistan

 Description

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.


Constitution Of India Article 6 - Rights of citizenship of certain persons who have migrated to India from Pakistan

 Description

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if:

(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)

(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

Constitution Of India Article 5 - Citizenship at the commencement of the Constitution

 Description

At the commencement of this Constitution, every person who has his domicile in the territory of India and:

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement,

shall be a citizen of India.


Constitution Of India Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

 Description

(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Constitution Of India Article 3 - Formation of new States and alteration of areas, boundaries or names of existing States

 Description

(1) India, that is Bharat, shall be a Union of States.

[1](2) The States and the territories thereof shall be as specified in the First Schedule.

(3) The territory of India shall comprise:

(a) the territories of the States;

[2](b) the Union territories specified in the First Schedule; and

(c) such other territories as may be acquired.


1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.2, for cl.(2).

2. Subs. by s.2, ibid., for subclause (b).Parliament may by law:

(a)form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States[1], the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired[2].


Explanation I.

-In this article, in clauses (a) to (e), State includes a Union territory, but in the proviso, State does not include a Union territory.


Explanation II.

-The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory[3].


1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by the Constitution (Fifth Amendment) Act, 1955, s.2, for the proviso.

3. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s.2.


Constitution Of India Article 2 - Admission or establishment of new States

 Description

Admission or establishment of new States

Constitution Of India Article 1 - Name and territory of the Union

 Description

(1) India, that is Bharat, shall be a Union of States. [1](2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise: (a) the territories of the States; [2](b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired. ----- 1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.2, for cl.(2). 2. Subs. by s.2, ibid., for sub-clause (b).

Constitution Of India - Preamble

 Constitution Of India - PreambleDescription

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.


Sunday, 11 April 2021

INDIAN KANOON SECTION 25 CrPC - Code of Criminal Procedure - Assistant Public Prosecutors

 Description

The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the Courts of Magistrates.

1A. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.

Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case;

Provided that a police officer shall not be so appointed?

if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

if he is below the rank of Inspector.


INDIAN KANOON SECTION 24 CrPC - Code of Criminal Procedure - Public Prosecutors

 Description

For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutor, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area.

For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district;

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional Public Prosecutors for the district.

No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by me District Magistrate under Sub-Section (4).

Notwithstanding anything contained in Sub-Section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre;

Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under Sub-Section (4).

A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under Sub-Section (1) or Sub-Section (2) or Sub-Section (3) or Sub-Section (6), only if he has been in practice as an advocate for not less than seven years.

The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.

For the purposes of Sub-Section (7) and Sub-Section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.

INDIAN KANOON SECTION 23 CrPC - Code of Criminal Procedure - Subordination of Executive Magistrates

 Description

All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

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 the allocation of business to an Additional District Magistrate.


INDIAN KANOON SECTION 22 CrPC - Code of Criminal Procedure - Local Jurisdiction of Executive Magistrates

 Description

Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.


INDIAN KANOON SECTION 21 CrPC - Code of Criminal Procedure - Special Executive Magistrates

 Description

The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.


INDIAN KANOON SECTION 18 CrPC - Code of Criminal Procedure - Special Metropolitan Magistrates

 Description

The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction;

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.


Click here to read more from the Code of Criminal Procedure (CrPc), 1973.

NDIAN KANOON SECTION 17 CrPC - Code of Criminal Procedure - Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

 Description

The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.


INDIAN KANOON SECTION 19 CrPC - Code of Criminal Procedure - Subordination of Metropolitan Magistrates

 Description

The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

The High Court may, for the purposes of this Code, define the extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

INDIAN KANOON SECTION 18 CrPC - Code of Criminal Procedure - Special Metropolitan Magistrates

 Description

The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction;

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.


INDIAN KANOON SECTION 16 CrPC - Code of Criminal Procedure - Courts of Metropolitan Magistrates

 Description

In every metropolitan area, there shall be established as many Courts of Description

In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

The presiding officers of such Courts shall be appointed by the High Court.

The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

The presiding officers of such Courts shall be appointed by the High Court.

The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

INDIAN KANOON SECTION 15 CrPC - Code of Criminal Procedure - Subordination of Judicial Magistrates Description

 Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

INDIAN KANOON SECTION 14 CrPC - Code of Criminal Procedure - Local Jurisdiction of Judicial Magistrates

 Description

Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code;

Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.

INDIAN KANOON SECTION 13 CrPC - Code of Criminal Procedure - Special Judicial Magistrates

 Description

The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate[ of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area;

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.


INDIAN KANOON SECTION 12 CrPC - Code of Criminal Procedure - Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

 Description

In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to the Chief Judicial Magistrate.

The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

?

The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.


INDIAN KANOON SECTION 11 CrPC - Code of Criminal Procedure - Courts of Judicial Magistrates

 Description

In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify;

Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.

The presiding officers of such Courts shall be appointed by the High Courts.

The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

INDIAN KANOON SECTION 10 CrPC - Code of Criminal Procedure - Subordination of Assistant Sessions Judges

 Description

All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.

The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

INDIAN KANOON SECTION 9 CrPC - Code of Criminal Procedure - Court of Session

 Description

The State Government shall establish a Court of Session for every sessions division.

Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify;

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 sittings 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.

INDIAN KANOON SECTION 8 CrPC - Code of Criminal Procedure - Metropolitan areas

 Description

The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under Sub-Section (1) to be a metropolitan area.

The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

Where the State Government reduces or alters, under Sub-Section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.


INDIAN KANOON SECTION 7 CrPC - Code of Criminal Procedure - Territorial divisions

 Description

Every State 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;

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.


INDIAN KANOON SECTION 6 CrPC - Code of Criminal Procedure - Classes of Criminal Courts

 Description

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely;


Courts of Session;

Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate;

Judicial Magistrate of the second class; and

Executive Magistrates.


INDIAN KANOON SECTION 5 CrPC - Code of Criminal Procedure - Saving

 Description

Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being 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.


INDIAN KANOON SECTION 4 CrPC - Code of Criminal Procedure - Trial of offences under the Indian Penal Code and other laws

 Description

All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

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 lime being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

INDIAN KANOON SECTION 3 CrPC - Code of Criminal Procedure - Construction of references

 Description

In this Code;

any reference, without any qualifying words, to a Magistrate shall be construed, unless the context otherwise requires;

in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;

in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;

any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a Metropolitan area, as a reference to a Metropolitan Magistrate;

any reference to a Magistrate of the first class shall;

in relation to a Metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area;

in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area;

any reference to the Chief Judicial Magistrate shall, in relation to a Metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.

In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a Metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area.

Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code;

to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class;

to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class;

to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan magistrate or the Chief Metropolitan Magistrate;

to any area which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area.

Where, under any law, other than this Code, the functions exercisable by a Magistrate relate to matters?

which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Code, be exercisable by a Judicial Magistrate; or

which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.

INDIAN KANOON SECTION 2 CrPC - Code of Criminal Procedure - Definitions

 Description

In this Code, unless the context otherwise requires;


"bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence;

"charge" includes any head of charge when the charge contains more heads than one;

"cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

"complaint" means any 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 does not include a police report.

"High Court" means;

in relation to any Stale, the High Court for that State;

in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;

"India" means the territories to which this Code extends;

"inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

"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;

"judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath;

"local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code[1 [and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;

"metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a metropolitan area;

"non-cognizable offence'' means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant;

"notification" means a notification published in the Official Gazette;

"offence" means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871);

"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;

"place" includes a house, building, tent, vehicle and vessel;

"pleader", when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other appointed with the permission of the Court to act in such proceeding;

"police report" means a report forwarded by a police officer to a Magistrate under Sub-Section (2) of section 173;

"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;

"prescribed" means prescribed by rules made under this Code;

"Public Prosecutor" means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor;

"sub-division" means a sub-division of a district;

"summons-case" means a case relating to an offence, and not being a warrant-case;

"warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.


INDIAN KANOON SECTION 1 CrPC - Code of Criminal Procedure - Short title, extent and commencement

 Description

This Act may be called the Code of Criminal Procedure, 1973.

It extends to the whole of India except the State of Jammu and Kashmir;

provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply?

to the State of Nagaland,

to the tribal areas

but the concerned State Government may, by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

It shall come into force on the 1st day of April, 1974.


Tuesday, 6 April 2021

Section 144 CPC - Code of Civil Procedure - Application for restitution..

 Section 144 CPC Description

(1) Where and in so far as a decree 1[or an Order] is 2[varied or reversed in any appeal, revision or other proceedings or is set aside or modified in any suit instituted for the purpose the Court which passed the decree or Order] shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree 1[or Order] or 3[such part thereof as has been varied, reversed, set aside or modified], and, for this purpose, the Court may make any Orders, including Orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly 4[consequential on such variation, reversal, setting aside or modification of the decree or Order.]


5[Explanation.-For the purposes of sub-section (1) the expression "Court which passed the decree or Order" shall be deemed to include,-


(a) where the decree or Order has been varied or reversed in exercise of appellate or revisional jurisdiction, the Court of first instance;


(b) where the decree or Order has been set aside by a separate suit, the


Court of first instance which passed such decree or Order;


(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the Court which, if the suit wherein the decree or Order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.]


(2) No suit shall be instituted for the pr-pose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).


STATE AMENDMENT


Uttar Pradesh-Substitute the following for sub-section (1) of section 144 of the Code:


"(1) Where and in so far as a decree or an Order is varied or reversed in appeal, revision or otherwise, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made, as will, so for as may be, place the parties in the position which they would have occupied but for such decree or Order or such part there of as has been varied or reversed; and for this purpose, the Court may make any Orders, including Orders for the refused of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation or reversal".


[Vide U.P. Act No. 24 of 1954 sec. 2 and Sch., Item 5, entry 7 (w.e.f. 30-11-1954).]


COMMENTS


(i) The Court which is competent to entertain the application for restitution is the Court of first instance; Neelathupara Kummi Seethi Koya Phangal (dead) by LRs. v. Montharapalla Padippua Attakoya, AIR 1994 SC 1591.


(ii) Provisions of section 144 can be invoked only in pending cases; Chhota Singh v. Union of India, AIR 1993 P&H 79: 1993(2) Land LR 77.


(iii) Whenever an ex parte Order/decree for possession/eviction is set aside, the party who was dispossessed/evicted in pursuance of such an ex parte decree or Order, is entitled to restitution forthwith inspite of the fact that ultimately on merits, he may lose the cause and may have to yield back possession; Chanda Sab v. Jamshed Khan, AIR 1993 Kant 338: 1993(2) Kant LJ 638: ILR (Kant) (1993) 2197.


(iv) Where the possession has been taken forcibly by a landlord/defendant during the pendency of the proceedings, i.e., when the application of temporary injunction restraining landlord/defendant from interfering with possession is dismissed by the trial Court and before filing the appeal, section 144 may not strictly apply; Cheni Chenchaiah v. Shaikh Ali Saheb, AIR 1993 AP 292: 1993(2) Andh LT 517: 1993(2) Cur CC 364.


(v) Settlement in Bhopal Gas Disaster case?Settlement set aside?Union Carbide Corporation entitled to restitution of entire amount deposited with interest; Union Carbide Corporation v. Union of India, AIR 1992 SC 248.


(vi) Where property was sold in auction in execution of decree which was subsequently set aside in appeal, auction-purchaser being already aware of pending appeal against decree cannot resist restitution; Chinnamal v. P. Arumugham, AIR 1990 SC 1828.


1. Ins. By Act 66 of 1956, sec. 13 (w.e.f. 1-1-1957).


2. Subs. by Act No. 104 of 1976, sec. 48, for "varied or reversed, the Court of first Instance" (w.e.f. 1-2-1977).


3. Subs. by Act No. 104 of 1976, sec. 48, for "such part thereof as has been varied or reversed" (w.e.f. 1-2-1977).


4. Subs. by Act No. 104 of 1976, sec. 48, for "consequential on such variation or reversal" (w.e.f. 1-2-1997).


5. Ins. by Act No. 104 of 1976, sec. 48 (w.e.f. 1-2-1977).


Section 143 CPC - Code of Civil Procedure - Postage.

 Section 143 CPC Description

Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communications made :


Provided that the State Government 1[***] may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.


1. The words "with the previous sanction of the G.G. in C." omitted by Act 38 of 1920, sed. 2 and Sch. I..


Section 142 CPC - Code of Civil Procedure - Orders and notices to be in writing.

Section 142 CPC Description

All Orders and notices served on or given to any person under the provisions of this Code shall be in writing. 

Section 141 CPC - Code of Civil Procedure - Miscellaneous proceedings.

 Section 141 CPC Description

The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.


1[Explanation.-In this section, the expression "proceedings" includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]


1. Ins. by Act No. 104 of 1976, sec. 47 (w.e.f. 1-2-1977).


Section 140 CPC - Code of Civil Procedure - Assessors in causes of salvage etc.

 Section 140 CPC Description

(1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.


(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.


Section 139 CPC - Code of Civil Procedure - Oath on affidavit by whom to be administered.

 Section 139 CPC Description

In the case of any affidavit under this Code-


(a) any Court or Magistrate, or


1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]


(b) any officer or other person whom a High Court may appoint in this behalf, or


(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent.


STATE AMENDMENT


Uttar Pradesh-(i) for clause (b) of section 139 substitute:


"(b) any person appointed in this behalf by a High Court or by a district court; or"


(ii) for clause (c) of section 139 substitute:


"(c) any person appointed in this behalf by such other court as the State Govt. may, by general or special Order, empower in this behalf."


[Vide U.P. Act No. 11 of 1981, sec. 2 ].


1. Ins. by Act No. 104 of 1976, sec. 46 (w.e.f. 1-2-1977).


Section 138 CPC - Code of Civil Procedure - Power of High Court to require evidence to be recorded in English.

 Section 138 CPC Description

1


(1) The 2[High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.


(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.


STATE AMENDMENTS


Assam, Nagaland, Meghalaya, Tripura and Manipur-For section 138, substitute the following section:-


"138. Power of High Court to require evidence to be record in English.-


The High Court may, by notification, in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein that in cases in which an appeal is allowed, he shall take down, or cause to be taken down, the evidence in the English language and in the form and manner prescribed."


[Vide Assam Act 2 of 1941, sec. 2 (w.e.f. 12-2-1941); State of Nagaland Act 27 of 1962, sec. 26 (w.e.f. 1-12-1963).]


1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), sec. 2.


2. Subs. by 4 of 1914, sec. 2 and Sch., Pt. I, for "L.G.".

Section 137 CPC - Code of Civil Procedure - Language of subordinate Courts.

 Section 137 CPC Description

(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.


(2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Court shall be written.


(3) Where this Court requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such Order as it thinks fit in respect of the payment of the costs of such translation.


STATE AMENDMENTS


Rajasthan-For sub-section (3) of section 137 substitute the following:


"(3) Wherever the Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the international form of Indian numerals.


Provided that the court may in its discretion accept such writing in England on the undertaking of the party filing such writing, to file a Hindi translation of the same, within such time as may be granted by the Court and the opposite party shall have a copy of such writing in Hindi."


[vide Rajasthan Act No. 7 of 1983, sec. 2 (w.e.f. 16-5-1983).]


Uttar Pradesh-To section 137 (3) insert the following proviso:


"Provided that with effect from such date as the State Government in consultation with the High Court may by notification in the Gazette appoint, the language of every judgment, decree or Order passed or made by such courts or classes of courts subordinate to the High Court and in such classes of cases as may be specified shall only be Hindi in Devnagri Script with the international form of Indian numerals".


[Vide U.P. Act No. 17 of 1970, sec. 2 (w.e.f. 8-4-1970).]


Section 136 CPC - Code of Civil Procedure - Procedure where person to be arrested or property to be attached is outside district.

 Section 136 CPC Description

(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an Order of attachment, and send to the District


Court within the local limits of whose jurisdiction such person or property reside or is situate a copy of the warrant or Order, together with the probable amount of the costs of the arrest or attachment.


(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or Order of the arrest or attachment.


(3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before the later Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.


(4) Where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal or at Madras or at Bombay, 1[***] the copy of the warrant of arrest or of the Order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small Causes of Calcutta, Madras 2[or Bombay], as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.


1. The words "or the Chief Court of Lower Burma", omitted by A.O. 1937.


2. Subs. by A.O. 1937, for "Bombay or Rangoon".

Section 135A CPC - Code of Civil Procedure - Exemption of members of legislative bodies from arrest and detention under civil process.

 Section 135A CPC Description

1[


2[(1) No person shall be liable to arrest or detention in prison under civil process-


(a) if he is a member of-


(i) either House of Parliament, or


(ii) the legislative Assembly or Legislative Council of a State, or


(iii) a Legislative Assembly of a Union territory,


during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;


(b) if he is a member of any committee of-


(i) either House of Parliament, or


(ii) the Legislative Assembly of a State or Union territory, or


(iii) the Legislative Council of a State,


during the continuance of any meeting of such committee;


(c) if he is a member of-


(i) either House of Parliament, or


(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,


during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.]


(2) A person released from detention under sub-section (1), shall, subject the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).]


1. Ins. by Act 23 of 1925, sec. 3.


2. Subs. by Act No. 104 of 1976, sec. 45 for sub-section (1) (w.e.f. 1-2-1977).


Section 135 CPC - Code of Civil Procedure - Exemption from arrest under civil process.

Section 135 CPC Description

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.


(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.


(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an Order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to person in execution of a decree.


 

Section 134 CPC - Code of Civil Procedure - Arrest other than in execution of decree.

 Section 134 CPC Description

The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.


Section 133 CPC - Code of Civil Procedure - Exemption of other persons.

 Section 133 CPC Description

1[(1) The following persons shall be entitled to exemption from personal appearance in Court, namely-


(i) the President of India;


(ii) the Vice-President of India;


(iii) the Speaker of the House of the People;


(iv) the Ministers of the Union;


(v) the Judges of the Supreme Court;


(vi) the Governors of States and the administrators of Union Territories;


(vii) the Speakers of the State Legislative Assemblies/


(viii) the Chairman of the State Legislative Councils;


(ix) the Ministers of States;


(x) the Judges of the High Courts; and


(xi) the persons to whom section 87B applies.]


2[***]


(3) Where any person 3[***] claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.


1. Subs. by Act No. 66 of 1956, sec. 12, for sub-section (1) (w.e.f. 1-1-1957).


2. Sub-section (2) omitted by Act No. 66 of 1956, sec. 12 (w.e.f. 1-1-1957).


3. The words "so exempted" omitted by Act 66 of 1956, sec. 12 (w.e.f. 1-1-1957).

Section 132 CPC - Code of Civil Procedure - Exemption of certain women from personal appearance.

 Section 132 CPC Description

(1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.


(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.


Section 131 CPC - Code of Civil Procedure - Publication of rules.

 Section 131 CPC Description

Rules made in accordance with section 129 or section 130 shall be published in the 1[Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law.


1. Subs. by the A.O. 1937, for "Gazette of India or in the local Official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant..

Section 130 CPC - Code of Civil Procedure - Powers of other High Court to make rules as to matters other than procedure.

Section 130 CPC Description

1[


A High Court 2[not being a High Court to which section 129 applies] may, with the previous approval of the State Government make with respect to any matter other than procedure any rule which a High Court 3[for a 4[***] State] might under 5[article 227 of the Constitution] make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town.]


1. Subs. by the A.O. 1937, for section 130.


2. Subs. by the A.O. 1950, for "not constituted by His Majesty by Letters Patent".


3. Subs. by the A.O. 1950, for "so constituted".


4. The word and letter "Part A" omitted by the Adaptation of Laws (No. 2) Order, 1956.


5. Subs. by the A.O. 1950, for "section 224 of the Government of India Act, 1935".

 

Section 129 CPC - Code of Civil Procedure - Power of High Court to make rules as to their original Civil Procedure.

 Section 129 CPC Description

Notwithstanding anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2[or Order] 3[or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.


Comments


Rules regulating procedure of High Court on its original side need not be consistent with provisions of the Code of Civil Procedure, 1908; Tridium India Telecom Ltd. v. Motorola Inc., AIR 2005 SC 514.


1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "for a Part a State or a Part B State".


2. Ins. By the A.O. 1950.


3. Ins. By Act 2 of 1951, sec. 17 (w.e.f. 1-4-1951).


Section 128 CPC - Code of Civil Procedure - Matters for which rules may provide.

 

Section 128 CPC Description

(1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.

(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely :-

(a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

(b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property and the proceeds of such sale;

(c) procedure in suits by way of counterclaim and the valuation of such suits for the purposes of jurisdiction;

(d) procedure in garnishee and charging Order either in addition to, or in substitution for, the attachment and sale of debts;

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

(f) summary procedure-

(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising-

on a contract express or implied; or

on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or

on trust; or

(ii) in suits for the recovery of immovable property, with or without claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for nonpayment of rent, or against persons claiming under such tenant;

(g) procedure by way of originating summons;

(h) consolidation of suits, appeals and other proceedings;

(i) delegation to any Registrar, Prothonotary or Master or other official of

the Court of any judicial, quasi-judicial and non-judicial duties; and

(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.

Section 127 CPC - Code of Civil Procedure - Publication of rules.

 Section 127 CPC Description

Rules so made and 1[approved] shall be published in the 2[Official Gazette] and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule.


1. Subs. by Act 24 of 1917, sec. 2 and Sch. 1, for "sanctioned".


2. Subs. by the A.O. 1937, for "Gazette of India or in the local Official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant.

Section 126 CPC - Code of Civil Procedure - Rules to be subject to approval.

 Section 126 CPC Description

1[


Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of 2[Central Government].]


?????


1. Subs. by the A.O. 1937, for section 126.


2. Subs. by the A.O. 1950, for ?Governor General�.

Section 125 CPC - Code of Civil Procedure - Power of other High Courts to make rules.

 Section 125 CPC Description

High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions 1[as 2[the State Government] may determine]:


Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.


1. Subs. by Act 38 of 1920, sec. 2 and Sch. 1, Pt. I, for "as the G.G. in C. may determine".


2. Subs. by the A.O. 1937, for "in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and in other cases the L.G.".


Section 124 CPC - Code of Civil Procedure - Committee to report to High Court.

 Section 124 CPC Description

Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.


Section 123 CPC - Code of Civil Procedure - Constitution of Rule Committees in certain States.

 Section 123 CPC Description

(1) A committee to be called the Rule Committee, shall be constituted at


1[the town which is the usual place of sitting of each of the High Courts


2[***] referred to in section 122].


(2) Each such Committee shall consist of the following persons, namely-


(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or 3[***] a Divisional Judge for three years,


4[(b) two legal practitioners enrolled in that Court]


5[(c)] a Judge of a Civil Court subordinate to the High Court 6[***]


5[7[* * *]]


(3) The members of each such Committee shall be appointed by the


8[High Court], which shall also nominate one of their number to be


President:


9[* * *]


(4) Each member of any such Committee shall hold office for such period as may be prescribed by the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted or becomes incapable of acting as a member of the Committee, the said 8[High Court] may appoint another person to be a member in his stead.


(5) There shall be a secretary to each such Committee who shall be appointed by the 9[High Court] and shall receive such remuneration as may be provided in this behalf 10[by the State Government].


STATE AMENDMENTS


Assam and Nagaland-Substitute the following for clause (a) sub-section (2) of section 123.


"(a) three judges of the High Court established at the town at which such committee is constituted, provided that the Chief Justice may appoint only two judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three"


[C.P.C. (Assam Amendment) Act No. 8 of 1953, sec. 2, (w.e.f. 18-4-1953) and Nagaland Act 27 of 1962 (w.e.f. 1-12-1963).]


Tamil Nadu-In section 123 sub-section (2).


(a) "In clause (b) for the words 'two legal practitioners' substitute the words 'three legal practitioners'."


(b) "Omit the words 'Madras' in clause (d)".


[Vide Tamil Nadu Act No. 15 of 1970, sec. 2 (w.e.f. 10-6-1970).]


1. Subs. by Act 13 of 1916, sec. 2 and Sch. for "each of towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon".


2. The words "and of the Chief Court", Omitted by Act 11 of 1923, sec. 3 and Sch. II. These words were again ins. By Act 32 of 1925, and subsequently omitted by A.O. 1948.


3. The brackets and words "(in Burma)" rep. by Act 11 of 1923, sec. 3 and Sch. II.


4. Subs. by Act 2 of 1951 sec. 16, for clauses (b) and (c).


5. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by Act 2 of 1951, sec. 16 (w.e.f. 1-4-1961).


6. The word "and" omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).


7. Cl. (d) omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).


8. Subs, by Act No. 104 of 1976, sec. 44, for "Chief Justice or Chief Judge" (w.e.f. 1-2-1977).


9. Proviso omitted by Act No. 104 of 1976, sec. 44 (w.e.f. 1-2-1977).


10. Subs. by A.O. 1937, for "by the G.G. in C. or by the L.G. as the case may be".

Section 122 CPC - Code of Civil Procedure - Power of certain High Courts to make rules.

 Section 122 CPC Description

1[High Courts 2[not being the Court of a Judicial Commissioner]] 3[***] may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may be such rules annul, alter or add to all or any of the rules in the First Schedule.


1. Subs. A.O. 1950, for "Courts which are High Courts for the purposes of the Government of India Act, 1935".


2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, "for Part A States and Part B States". Earlier the words "for Part A States and Part B States" were inserted by Act 2 of 1951, sec. 15 (w.e.f. 1-4-1951).


3. The words "and the Chief Court of Lower Burma", rep. by Act 11 of 1923, sec. 3 and sch. II.

Section 121 CPC - Code of Civil Procedure - Effect of rules in First Schedule.

 Section 121 CPC Description

The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.

Section 120 CPC - Code of Civil Procedure - Provisions not applicable to High Court in original civil jurisdiction.

Section 120 CPC Description

(1) The following provisions shall not apply to the High Court in the exercise of its I original civil jurisdiction, namely, sections 16,17 and 20.


1[***]


1. Sub-section (2) rep. by Act 3 of 1909, sec. 127 and Sch. III.

Section 119 CPC - Code of Civil Procedure - Unauthorized persons not to address Court.

 Section 119 CPC Description

Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him I so to do, or to interfere with the power of the High Court to make rules concerning I advocates, vakils and attorneys.

Section 118 CPC - Code of Civil Procedure - Execution of decree before ascertainment of costs.

 Section 118 CPC Description

Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may Order that the decree shall be executed forthwith except as to so much thereof as relates to the costs;


and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

Section 117 CPC - Code of Civil Procedure - Application of Code to High Court.

Section 117 CPC Description

Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.

Section 116 CPC - Code of Civil Procedure - Part to apply only to certain High Courts.

 Section 116 CPC Description

This Part applies only to High Courts 1[not being the Court of a Judicial Commissioner].


1. Subs. by Act 2 of 1951, sec. 14, for "CHARTERED HIGH COURTS" (w.e.f. 1-4-1951).

Section 115 CPC - Code of Civil Procedure - Revision.

 Section 115 CPC Description

1[(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-


(a) to have exercised a jurisdiction not vested in it by law, or


(b) to have failed to exercise a jurisdiction so vested, or


(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,


the High Court may make such Order in the case as it thinks fit:


2[Provided that the High Court shall not, under this section, vary or reverse any Order made, or any Order deciding an issue, in the course of a suit or other proceeding, except where the Order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.]


3[(2) The High Court shall not, under this section, vary or reverse any decree or Order against which an appeal lies either to the High Court or to any Court subordinate thereto.]


4[(3) A revision shall not operate as a stay of suit or other proceeding before the , Court except where such suit or other proceeding is stayed by the High Court.]


3[Explanation.-In this section, the expression "any case which has been decided" includes any Order made, or any Order deciding an issue in the course of a suit or other proceeding.]


STATE AMENDMENTS


Madhya Pradesh-For Section 115 of the principal Act, the following Section substituted.


"-


The High Court may call for the record of any cases which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-


(a) to have exercised a jurisdiction not vested in it by law; or


(b) to have failed to exercise a jurisdiction so vested; or


(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such Order in the case as it thinks fit;


Provided that the High Court shall not, under this section, vary or reverse any Order made or any Order deciding an issue, in the course of a suit or other proceedings except where:-


(a) the Order, if it had been made in favour of the party applying for the revision, would have finally disposed of the suit or proceeding; or


(b) the Order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.


(2) The High Court shall not, under this section, vary or reverse any decree or Order against which an appeal lies either to the High Court or to any court subordinate thereto.


Explanation.-In this section, the expression "any case which has been decided" includes any Order made, or any Order deciding an issue in the course of a suit or other proceeding."


[Vide M.P. Act 4 of 1994, sec. 2 (w.e.f. 15-3-1994).]


Orissa.-In its application to the State of Orissa, for section 115, substitute the following:-


"-


The High Court, in eases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the District Court, in any other case, including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure (Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears-


(a) to have exercised a jurisdiction not vested in it by law; or


(b) to have failed to exercise a jurisdiction so vested; or


(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court or the District Court, as the case may be, may make such Order in the case as it thinks fit;


Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an Order under this section:


Provided further that the High Court or the District Court shall not, under this section, vary or reverse any Order, including an Order deciding an issue, made in the course of a suit or other proceedings, except where,-


(i) the Order, if so varied or reversed, would finally dispose of the suit or other proceedings; or


(ii) the Order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.


Explanation.-In this section, the expression "any case which has been decided" includes any Order deciding an issue in the course of a suit or other proceeding."


Saving:-


The amendment made this Act shall not effect the validity, invalidity, effect or consequence of anything already done of suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure, 5 of 1908, prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court."


[Vide Orissa Act 26 of 1991, sec. 2 (w.e.f. 7-11-1991).]


Uttar Pradesh.-In its application to the State of Uttar Pradesh, for section 115, substitute the following:-


"115 Revision.-


The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may from time to time fix, by notification published in the Official Gazette including such suits or other proceedings instituted before the date of commencement of the U.P. Civil Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any Court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears-


(a) to have exercised a jurisdiction not vested in it by law; or


(b) to have failed to exercise a jurisdiction so vested; or


(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,


the High Court or the District Court, as the case may be, may make such Order in the case as it thinks fit:


Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an Order under this section:


Provided further that the High Court or the District Court shall not, under this section, vary or reverse any Order including an Order deciding an issue, made in the course of a suit or other proceeding, except where,-


(i) the Order, if so varied or reversed, would finally dispose of the suit or other proceeding; or


(ii) the Order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made:


Provided also that where a proceeding of the nature in which the District Court may call for the record and pass Orders under this Section was pending immediately before the relevant date of commencement referred to above, in the High Court, such Court shall proceed to dispose of the same.


Explanation.-In this section, the expression "any case which has been decided" includes any Order deciding an issue in the course of a suit or other proceeding."


Transitory Provisions:-


Where a proceeding of the nature in which District Court may call for the record and pass Orders under section 115 of the said Code as substituted by this Act was pending immediately before August 1, 1978.- (a) In the District Court, such Court shall proceed to dispose of the same as if the provisions of the same as if the provisions of this Act were in force at all material times;


(b) in the High Court, such Court shall proceed to dispose of the same as if this Act has not come into force."


[Vide U.P. Acts 31 of 1978, Sections 3 and 5 (w.e.f. 1-8-1978) as amended by Uttar Pradesh Act 17 of 1991, sec. 7 (w.e.f. 15-1-1991).]


West Bengal-After Section 115 of the Code the following section 115A inserted:


"115A. District Court's powers of revision-


(1) A District Court may exercise all or any of the power which may be exercised by the High Court under section 115.


(2) Where any proceedings by way of revision is commenced before a District Court in pursuance of the provision of sub-section (1), the provisions of section 115 shall, so for as may be, apply to such proceeding and references to the said section 60 the High Court shall be construed as reference to the District Court.


(3) Where any proceeding for revision is commenced before the District Court, the decision of the District Court on such proceeding shall be final and no further proceeding by way of revision shall be entertained by the High Court or any other Court.


(4) If any application for revision has been made by any party either to the High Court under section 115 or to the District Court under this section, no further application by the same party shall be entertained by the other of them.


(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court under this section in respect of any proceeding which may be transferred to it by or under any general or special Order of the District Court"


[Vide West Bengal Act No. 15 of 1988, sec. 3 (w.e.f. 1-2-1989).]


COMMENTS


(i) Order allowing proposed amendment would not also come under clause (b) of section 115(1). Under revisional powers of High Court this cannot be interfered with by High Court. Prem Bakshi v. Dharam Dev, AIR 2002 SC 559.


(ii) The objections filed by the petitioners were under Order 21, rule 36 C.P.C. and the only remedy against it is revision under section 115 C.P.C. The Appellate Authority has rightly dismissed the appeal in limine as not maintainble; Naresh Sharma v. Ramesh Chand, AIR 2000 HP 6.


(iii) Revisional court ought to consider and discuss evidence on which finding was based by lower authorities. Mere statement by Revisional court that there was evidence to show that the bona fides of the landlord was proved is not sufficient; K. Urmila v. Ram Kumar Verma, AIR 1998 SC 1188.


(iv) Revision against erroneous finding with regard to admissibility of evidence was held to be competent; Kundan Mal v. Nand Kishore, AIR 1994 Raj 1.


(v) Revisional jurisdiction of the High Court?Validity of an Order can be examined even if no reason has been specified for Order except exercise of power under a rule; Charles Mantosh v. Dalhousie Institute, AIR 1993 Cal 232.


(vi) Revision against an Order admitting documents after arguments were over is not maintainable; Hemendra Chaudhary v. M/s. Punjab National Bank, AIR 1993 All 49: 1993(21) All LR 218: 1993 All LJ 76.


(vii) Ex parte decree of ejectment?Revision against?Death of one of the co-landlords during pendency of the revision?No substitution?Held, revision would not abate; Ram Gopal Sharma v. Ist Additional District Judge, Meerut, AIR 1993 All 124: 1992 All CJ 1026.


(viii) Revisional court is not competent to reappreciate evidence; Padartha Amat v. Siba Sahu, AIR 1993 Ori 92.


(ix) Under section 115 of the Code, the High Court connot reappreciate the evidence and cannot set aside the concurrent findings of the Courts below by taking a different view of the evidence. The High Court is empowered only to interfare with the findings of fact if the findings are perverse or there has been a non-appreciation or non-consideration of the material evidence on record by the Courts below. Simply because another view of the evidence may be taken is no ground by the High Court to interfere in its revisional jurisdiction; Masjid Kacha Tank, Nahan v. Tuffail Mohammed, AIR 1991 SC 455.


1. Sec. 115 re-numbered as sub-section (1) of that section by Act No. 104 of 1976, sec. 43 (w.e.f. 1-2-1977).


2. Ins. by Act 104 of 1976, sec. 43 (w.e.f. 1-2-1977) and subs. by Act 46 of 1999, sec. 12 (w.e.f. 1-7-2002).


3. Ins. by Act No. 104 of 1976, sec. 43 (w.e.f. 1-2-1977).


4. Ins. by Act No. 46 of 1999, section 12 (w.e.f. 1-7-2002).


Inflation

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