Code of Criminal Procedure — Section 484

Repeal and savings.—(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.

484. Repeal and savings.—(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application,

trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be

disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of

Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred

to as the old Code), as if this Code had not come into force:

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement

of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;

(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions

defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates,

made under the Old Code and which are in force immediately before the commencement of this Code, shall be

deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the

corresponding provisions of this Code;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of consent;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler

within the meaning of article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time.

195

THE FIRST SCHEDULE

CLASSIFICATION OF OFFENCES

EXPLANATORY NOTES:

(1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section.

(2) In this Schedule, (i) the expression “Magistrate of the first class” and “Any Magistrate” include Metropolitan Magistrates but not Executive Magistrates; (ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”.

I.–OFFENCES UNDER THE INDIAN PENAL CODE

Section

Offence

Punishment

Cognizable or non- cognizable 4

Bailable or Non- bailable 5

By what Court triable 6

CHAPTER V. –ABETMENT

Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.

Same as for offence abetted.

According as offence abetted is cognizable or non-cognizable.

According as offence abetted is bailable or non- bailable.

109

110

111

113

114

115

Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor.

Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso.

Ditto

Same as for offence intended to be abetted.

Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.

Same as for offence committed.

Abetment of any offence, if abettor is present when offence is committed.

Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment.

Ditto

Imprisonment for 7 years and fine.

If an act which causes harm be done in consequence of the abetment.

Imprisonment for 14 years and fine.

116

Abetment of any offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.

If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.

Imprisonment extending to a quarter part of the longest term provided the offence, or fine, or both.

for

Imprisonment extending to half of the longest term provided for the offence, or fine, or both.

196

Court by which offence abetted is triable.

Ditto.

Ditto

Non-bailable

Ditto.

Ditto

Ditto.

According as offence abetted is bailable or non- bailable.

Ditto

Ditto.

117

118

119

120B

121

122

123

124

Abetting the commission of an offence by the public or by more than ten persons.

Imprisonment for 3 years, or fine, or both.

Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed.

If the offence be not committed

A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed.

If the offence be punishable with death or imprisonment for life.

If the offence be not committed.

Imprisonment for 7 years and fine.

Imprisonment for 3 years and fine.

Imprisonment extending to half of the longest term provided for the offence, or fine, or both.

Imprisonment for 10 years.

Imprisonment extending to a quarter part of the longest term provided the offence, or fine, or both.

for

Ditto

120

Concealing a design to commit an offence punishable with imprisonment, if offence be committed.

If the offence be not committed.

Ditto

According as offence abetted is cognizable or non-cognizable.

According as offence abetted is bailable or non- bailable.

Ditto

Non-bailable.

Court by which offence abetted is triable.

Ditto.

Bailable.

According as offence abetted is bailable or non- bailable.

Non-bailable.

Ditto.

Bailable.

Ditto.

According as offence abetted is bailable or non- bailable.

Ditto

Bailable.

Ditto.

Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both.

Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

CHAPTER VA.–CRIMINAL CONSPIRACY Same as for abetment of the offence which is the object of the conspiracy.

According as the offence which is the object of conspiracy is cognizable or non- cognizable.

Any other criminal conspiracy.

Imprisonment 6 months, or fine, or both.

for

Non-cognizable.

Waging or attempting to wage war, or abetting the waging of war, against the Government of India.

CHAPTER VI.–OFFENCES AGAINST THE STATE Death, or imprisonment for life and fine.

Cognizable.

According as offence which is object of conspiracy is bailable or non- bailable.

Bailable.

Court by which abetment of the offence which is the object of conspiracy is triable.

Magistrate of the first class.

Non-bailable.

Court of Session.

121A

Conspiring to commit certain offences against the State.

Collecting arms, etc., with the intention of waging war against the Government of India.

Imprisonment for life, or imprisonment for 10 years and fine.

Concealing with intent to facilitate a design to wage war.

Imprisonment for 10 years and fine.

Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

Imprisonment for 7 years and fine.

197

Ditto

Ditto.

Ditto

Ditto.

Ditto

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