2. Definitions. In this Code, unless the context otherwise requires, (a) “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. (b) “charge” includesKEEP READING

3. Construction of references. (1) In this Code, (a) any reference, without any qualifying words, to a Magistrate shall be construed, unless the context otherwise requires- (i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; (ii) in relation to a metropolitan area,KEEP READING

4. Trial of offences under the Indian Penal Code and other laws. (1) 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.  (2) All offences under any other law shall be investigated, inquiredKEEP READING

5. Saving. 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 theKEEP READING

6. Classes of Criminal Courts. 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- (i) Courts of Session; (ii) Judicial Magistrate of the first class and, in any Metropolitan area, MetropolitanKEEP READING

7. Territorial divisions. (1) 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 divisionKEEP READING

8. Metropolitan areas. (1) 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.  (2)KEEP READING

9. Court of Session. (1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.  (3) The High Court may also appoint Additional Sessions Judges and Assistant SessionsKEEP READING

10. Subordination of Assistant Sessions Judges. (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.  (2) 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. KEEP READING

11. Courts of Judicial Magistrates. (1) 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,KEEP READING

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (1) 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. (2) The High Court may appoint any Judicial Magistrate of the first class to beKEEP READING

13. Special Judicial Magistrates. (1) 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 aKEEP READING

14. Local Jurisdiction of Judicial Magistrates. (1) 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 theKEEP READING

15. Subordination of Judicial Magistrates. (1) 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.  (2) The Chief Judicial Magistrate may, from time to time, makeKEEP READING

16. Courts of Metropolitan Magistrates. (1) 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. (2) The presiding officers of such Courts shall be appointed by theKEEP READING

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. (1) 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.  (2) The High Court may appoint any Metropolitan Magistrate to be anKEEP READING