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An Act to consolidate and amend the law relating to the Criminal Procedure.
PART I - PRELIMINARY
CHAPTER V - OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally
50. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART I - PRELIMINARY
CHAPTER V - OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally
60. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART I - PRELIMINARY
CHAPTER V - OF ARREST, ESCAPE AND RETAKING
A.—Arrest generally
61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART I - PRELIMINARY
CHAPTER VI OF PROCESSES TO COMPEL APPEARANCE
B.—Warrant of Arrest
81. The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART V - INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
164 (3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect:-
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
B.—Conditions requisite for Initiation of Proceedings
229. If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XV - OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
B.—Conditions requisite for Initiation of Proceedings
231. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to re-call or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined and also to call any further witness whom the Court may think to be material.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XX - OF THE TRIAL OF CASES BY MAGISTRATES
247. If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjoin the hearing of the case to some other day:
Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed with the case .
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
339B 1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, by order published in at least two national daily Bengali Newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.
(2) Where in a case after the production or appearance of an accused before the Court or his release on bail, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, recording its decision so to do, try such person in his absence.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
340.(1) Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
340 (2) Any person against whom proceedings are instituted in any such Court under section 107, or under Chapter X, Chapter XI, Chapter XII or Chapter XXXVI, or under section 552, may offer himself as a witness in such proceedings.
340 (3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that
(a) he shall not be called as a witness except on his own request in writing;
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
340 (3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
340 3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
(a) he shall not be called as a witness except on his own request in writing; or
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
342.(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.
(2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court 341[ * * *] may draw such inference from such refusal or answers as it thinks just.
(3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
(4) No oath shall be administered to the accused.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
343. Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
353. Except as otherwise expressly provided, all evidence taken under Chapters 368 XX, 369 XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
356 (2) When the evidence of such witness is given in English, the Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such evidence in the language of the Court shall form part of the record.
(2A) When the evidence of such witness is given in any other language, not being English, than the language of the Court, the Magistrate or Sessions Judge may take it down in that language with his own hand, or cause it to be taken down in that language in his presence and hearing and under his personal direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
360.(1) As the evidence of each witness taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objection make to it by the witness, and shall add such remarks as he thinks necessary.
(3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language which he understands.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXVI - OF THE JUDGMENT
366 (1) (b) in the language of the Court, or in some other language which the accused or his pleader understands:
Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do either by the prosecution or the defence.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XXVI - OF THE JUDGMENT
366 (2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, in either of which cases it may be delivered in the presence of his pleader.
(3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties of their pleaders, or any of them, the notice of such day and place.
An Act to consolidate and amend the law relating to the Criminal Procedure.
PART VI - PROCEEDINGS IN PROSECUTIONS
CHAPTER XL - OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES
505.(1) The parties to any proceeding under this Code in which a commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the Officer to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories.
(2) Any such party may appear before such Magistrate or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.
Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.