Schedule 2 - The Second Schedule in Code of Criminal Procedure, 1973
The Second Schedule.
THE SECOND SCHEDULE
(See section 476)
FORM NO.1
Summons to an Accused Person
(See section61)
To...................................... (name ofaccused) of .........................(address)
WHEREAS yourattendance is necessary to answer to a charge of ..................... (state shortly theoffence charged), you are hereby required to appear in person (or by pleader,as the case may be) before the (Magistrate) of............................... on the ........................day of .................... Herein fail not.
Dated, this ............... dayof ......,20 .....
(Seal of Court)
(Signature)
FORM NO. 2
Warrant of Arrest
(See section70)
To................................................. (name and designation of the person of persons who isor are to execute the warrant).
WHEREAS (name andaccused) of (address) stands charged with the offence of ................................(state theoffence),you are hereby directed to arrest the said ............................ and to producehim before me. Herein fail not.
Dated, this............................. day of ..............., 20......
(Seal of the Court)
(Signature)
(See section71)
This warrant may beendorsed as follows:-
If the said .........................shall give bail himself in the sum of rupees ....................with one surety in the sumof rupees .................. (or two sureties each in the sum of rupees ..................) to attendbefore me on the ..................... day of ...................... and to continue so to attend untilotherwise directed by me, he may be released.
Dated, this ...............................day of ...............,20.......
(Seal of the Court)
(Signature)
FORM NO. 3
Bond and Bail-Bond after Arrest under a Warrant
(See section81)
I,................................................(name), of .......................... being brought before the DistrictMagistrate of ........................(or as the case may be) under a warrant issued to compelmy appearance to answer to the charge of .....................,do hereby bind myself toattend in the Court of ..................... on the day of ....................... next, to answer to thesaid charge, and to continue so to attend until otherwise directed by theCourt, and in case of my making default herein, I bind myself to forfeit, toGovernment, the sum of rupees.
Dated, this ....................day of ...............,20......
(Seal of the Court)
(Signature)
I do hereby declaremyself surety for the above-named ............................ of..............,that he shall attendbefore .................. in the Court of .......................... on the day of ................. next, to answerto the charge on which he has been arrested, and shall continue so to attenduntil otherwise directed by the Court; and in case of his making defaulttherein, I bind myself to forfeit, to Government, the sum of rupees.
Dated, this....................day of ............,20.....
(Signature)
FORM NO. 4
Proclamation requiring theappearance of a Person Accused
(See section 82)
WHEREAS complainthas been made before me that ........................................ (name, description andaddress) has committed (or is suspected to have committed) the offence of...................,punishable under section .............. of the Indian Penal Code, and it hasbeen returned to a warrant of arrest thereupon issued that the said.................................... (name) cannot be found, and whereas it has been shown to mysatisfaction that the said ............................... (name) has absconded (or is concealinghimself to avoid the service of the said warrant);
Proclamation is herebymade that the said ...................... of ...................is required to appear at.......................(place)before this Court (or before me ) to answer the said complaint in the ......................day of ...................... ,
Dated, this..........................day of ....................,20 .....
(Seal of the Court)
(Signature)
FORM NO. 5
Proclamation requiring theattendance of a Witness
(See sections82, 87, and90)
WHEREAS complainthas been made before me that............................................. (name, description andaddress) has committed (or is suspected to have committed) the offence of.................................... (mention the offence concisely) and a warrant has been issued tocompel the attendance of ..........................(name, description and address of the witness) beforethis Court to be examined touching the matter of the said complaint; andwhereas it has been returned to the said warrant that the said ...............................(name ofwitness) cannot be served, and it has been shown to my satisfaction that he hasabsconded (or is concealing himself to avoid the service of the said warrant);
Proclamation is herebymade that the said ..................................... (name) is required to appear at .........................(Place) before the Court of ...................................... on the ............................ Day of.....................next at............................O'clock to be examined touching ........................ the offence complained of
Dated, this .....................day of ..................,20.....
(Seal of the Court)
(Signature)
FORM NO. 6
Order of attachment to compelthe attendance of a Witness
(See section 83)
To the Officer incharge of the Police station at ..........................
WHEREAS awarrant has been duly issued to compel the attendance of ..............................................(name, description and address) to testify concerning a complaintpending before this Court, and it has been returned to the said warrant that itcannot be served; and whereas it has been shown to my satisfaction that he hasabsconded (or is concealing himself the avoid the service of the said warrant);and thereupon a proclamation has been or is being duly issued and publishedrequiring the said ......................to appear and give evidence at the time and placementioned therein;
This is toauthoriseand require you to attach by seizure the movable property belonging to the said...................... to the value of rupees ..................which you may find within the Districtof ....................... and to hold the said property under attachment pending the furtherorder of his Court, and to return this warrant with an endorsement certifyingthe manner of its execution.
Dated, this.........................dayof ............., 20.....
(Seal of the Court)
(Signature)
FORM NO. 7
Order of attachment to compel theappearance of a Person Accused
(See section83)
To.............................................. (name and designation of the person or persons who is orare to execute the warrant).
WHEREAS complainthas been made before me that ........................................(name, descriptionand address) has committed (or is suspected to have committed) the offence of..................... punishable under section................... of the Indian Penal Code, and it has beenreturned to a warrant of arrest thereupon issued that the said .................................. (name) cannot be found; and whereas it has been shown to mysatisfaction that the said .................................(name) has absconded (or isconcealing himself to avoid the service of the said warrant) and thereupon aProclamation has been or is being duly issued and published requiring the said........................ to appear to answer the said charge within .................. days; and whereasthe said ................ is possessed of the following property, other than land payingrevenue to Government, in village (or town), of ................................ in the District of...................., viz ..................,...............and an order has been made for the attachment thereof;
You are herebyrequired to attach the said property in the manner specified in clause (a), orclause (c), or both1 , of sub-section (2) of section 83, and to holdthe same under attachment pending further order of this Court, and to returnthis warrant with an endorsement certifying the manner of its execution.
Dated, this.........................day of ...................., 20.....
(Seal of the Court)
(Signature)
FORM NO. 8
Order authorising anattachment by the District Magistrate or Collector
(See section 83)
To the DistrictMagistrate/Collector of the District of .................
WHEREAS complaint has been made before me that.............................................(name, description and address) hascommitted (or issuspected to have committed) the offence of ....................... punishable under section................ of the Indian Penal Code, and it has been returned to a warrant ofarrest thereupon issued that the said .......................................... (name) cannot be found;and whereas it has been shown to my satisfaction that the said ....................................(name) has absconded (or is concealing himself to avoid the service of the saidwarrant) and there upon a Proclamation has been or is being duly issued andpublished requiring the said .................................. (name) to appear to answer the saidcharge within .............. days; and whereas the said ...................... is possessed of certainland paying revenue to Government in the village (or town) of .......................in theDistrict of .....................,
You are herebyauthorised and requested to cause the said land to be attached, in the mannerspecified in clause (a), or clause (c), or both2 , of sub-section (4) of section83, and to be held under attachment pending the further order of this Court,and to certify without delay what you may have done in pursuance of this order.
Dated, this.......................dayof ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 9
Warrant in the first instance to Bring up a Witness
(See section87)
To.........................................(name anddesignation of the Police Officer or other person or persons who is or are to executethe warrant).
WHEREAS complaint hasbeen made before me that..............................(name and description of accused) of..............................(address) has (or is suspected to have) committed the offence of .......................(mention the offence concisely), and it appears likely that ............................ (name anddescription of witness) can give evidence concerning the said complaint andwhereas I have good and sufficient reason to believe that he will not attend asa witness on the hearing of the said complaint unless compelled to do so;
This is to authoriseand require you to arrest the said ............................. (name of witness) and onthe......................day of.................. to bring him before this Court, to be examined touching theoffence complained of.
Dated,this.................. day of......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 10
Warrant to search afterinformation of a particular Offence
(See section 93)
To................................... (nameand designation of the Police Officer or other person or persons who is or areto execute to warrant).
WHEREAS complaint has been laid (or complaint has been made) before me of thecommission (or suspected commission) of the offence of ...................(mention theoffence concisely), and it has been made to appear to me that the production of............................... (specify the thing clearly) is essential to the inquiry now being made(or about to be made) into the said offence (or suspected offence);
This is toauthoriseand require you to search for the said ............................(the thingspecified)in the(describe the house or place or part thereof to which the search is to beconfined),and, if found, to produce the same forthwith before this Court,returning this warrant, with an endorsement certifying what you done under it,immediately upon its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 11
Warrant to search suspected place of Deposit
(See section 94)
To..................................... (nameand designation of the Police Officer above the rank of a constable).
WHEREAS informationhas been laid before me, and do inquiry thereupon had, I have been led tobelieve that the ............................. (describe the house or other place)is used as a placefor the deposit (or sale) of stolen property (or is for either of the otherpurpose expressed in the section, state the purpose in the words of thesection);
This is toauthoriseand require you to enter the said house (or other place) with such assistanceas shall be required, and to use, if necessary, reasonable force for thatpurpose, and to search every part of the said house (or other place, or of thesearch is to be confined to a part, specify the part clearly), and to seize andtake possession of any property (or documents, or stamps, or seals, or coins,or obscene objects, as the case may be) (add, when the case requires it) andalso of any instrument and materials which you may reasonable believe to bekept for the manufacture of forged documents, or counterfeit stamps, or falseseals or counterfeit coins or counterfeit currency notes (as the case may be),and forthwith to bring before this Court such of the said things as may betaken possession of, returning this warrant, with an endorsement certifyingwhat you have done under it, immediately upon its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 12
Bond to keep the peace
(See sections 106 and107)
WHEREAS I, ............................ (name) inhabitant of......................... (Place), have been called uponto enter into a bond to keep the peace for the termof ............... or until thecompletion of the inquiry in the matter of ........................ now pending in the Court of............................., I hereby bind myself not to commit a breach of the peace, or do anyact that may probably occasion a breach of the peace, during the said term oruntil the completion of the said inquiry and, in case of my making defaulttherein, I hereby hind myself to forfeit to Government the sum of rupees.................
Dated, this.......................day of ............,20.....
(Signature)
FORM NO. 13
Bond for good behaviour
(See sections 108, 109 and110)
WHEREAS I, ................................(name) inhabitant of (Place)......................, have been calledupon to enter into a bond to be of good behaviour to Government and all thecitizen of India for the term of ....................... (state the period) or until thecompletion of the inquiry in the matter of ..................... now pending in the Court of.........................., I hereby bind myself to be of good behaviour to Government and allthe citizens of India during the said term or until the completion of the saidinquiry; and, in case of my making default therein, I hereby myself to forfeitto Government the sum of rupees ......................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
(Where a bond withsureties is to be executed, add...)
We do hereby declareourselves sureties for the above-named ..................... that he will be of good behaviourto Government and all the citizens of India during the said term or until thecompletion of the said inquiry; and, in case of his making default therein, webind ourselves, jointly and severally, to forfeit to Government the sum ofrupees .......................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 14
Summons of information of a probably breach of the peace
(Seesection113)
To......................... of.....................
WHEREAS ishas made to appear to me by credible information that ....................... (state thesubstance of the information), and that you are likely to commit a breach ofthe peace (or by which act a breach of the peace will probably be occasioned),you are hereby required to attend in person (or by a duly authorised agent) atthe office of the Magistrate of ......................... on the.....................day of 20 ............... at teno'clock in the forenoon, to show cause why you should not be required to enterinto a bond for rupees ........................ [when sureties are required, add, and also togive security by the bond of one (or two, as the case may be)surety (orsureties)in the sum of rupees ...............(each if more thanone)] that you will keepthe peace for the term of ................
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 15
Warrant of commitment on failure to find security to keep the peace
(Seesection 122)
To theOfficer in chargeof the Jail at ..........................
WHEREAS................................................(name and address)appeared before me in person (or by hisauthorised agent) on the .......................day of ...................in obedience to a summons callingupon him to show cause why he should not enter into a bond for rupees ......................with one surety (or a bond with two sureties each in rupees...) that be, the said .................................(name), would keep the peace for the period of....................... months; andwhereas an order was then made requiring the said .................................. (name) to enter intoand find such securities (state the security ordered when if differs from thatmentioned in the summons), and he has failed to comply with the said order;
This is toauthoriseand require you to receive the said .............................(name) into your custody, togetherwith this warrant, and him safely to keep in the said jail for the said periodof ............................ (term of imprisonment) unless he shall in the meantime be lawfullyordered to be released, and to return this warrant with an endorsementcertifying the manner of its execution.
Dated, this.......................day of ............, 20.....
(Seal of the Court)
(Signature)
FORM NO. 16
Warrant of commitment on failure to find security for good behaviour
(Seesection122)
To the Officer incharge of the jail at .................
WHEREAS ithas been made to appear to me that ............................(name and description) has beenconcealing his presence within the district of .................. and that there is reasonto believe that he is doing so with a view to committing a cognizable offence.
or
WHEREAS evidenceof the general character of .........................................(name and description) has been adducedbefore me and recorded, from which it appears that he is an habitual robber (orhouse-breaker, etc., as the case may be);
And whereas an orderhas been recorded station the same and requiring the said ...................................... (name) tofurnish security for his good behaviour for the term of ...............................(state theperiod) by entering into a bend with one surety (or two or more sureties, as thecase may be), himself for rupees ..............., and the said surety (or each of thesaid sureties) or rupees ......................... and the said.................................. (name) has failed tocomply with the said order and for such default has been adjudged imprisonmentfor ............................(state the term) unless the said security by sooner furnished;
This is to authorisedand require you to receive the said ........................... (name)into your custody, togetherwith this warrant and him safely to keep in the Jail, or if he already inprison, be detained therein, for the aid period of ................... (term ofimprisonment) unless he shall in the meantime be lawfully ordered to bereleased, and to return this warrant with an endorsement certifying the mannerof its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 17
Warrant to discharge a person imprisoned on failure to give security
(See sections 122 and123)
To the Officer incharge of the Jail at .................................... (or other officer in whose custody the personis).
WHEREAS .................................(nameand description of prisoner) was committed to your custody under warrant of theCourt, dated the ...................day of ...............20....;and has since duly given security undersection ................... of the Code of Criminal Procedure, 2073.
or
WHEREAS...............................(name and description of prisoner) was committed to your custody under warrantof the Court, dated the ...............day of.......... 20....and there have appeared to mesufficient grounds for the opinion that he can be released without hazard tothe community;
This is toauthoriseand require you forthwith to discharge the said ........................ (name) from your custodyunless he is liable to be detained for some other cause.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 18
Warrant of imprisonment of failure to pay maintenance
(Seesection 125)
To the Officer incharge of the jail at ............................
WHEREAS................................................(name and description andaddress) has been proved beforeme to be possessed of sufficient means to maintain his wife ..................................(name) [or his child .................................... (name) or his father of mother...........................(name), who is by reason of ..............................(state the reasons) unable to maintainhere self (or himself)] and to have neglected (or refused) to do so, and anorder has been duly made requiring the said ............................ (name) to allow to his saidwife (or child or father or mother) for maintenance the monthly sum of rupees...................and whereas it has been further proved that the said..........................(name)in willful disregard of the said order has failed to pay rupees ....................., beingthe amount of the allowance for the month (or months) of ................
And thereupon an orderwas made adjudging him to undergo imprisonment un the said Jail for the periodof ....................;
This is to authoriseand require you to receive the said ..............................(name) into your custody in the saidJail, together with this warrant, and there carry said order into executionaccording to law, returning this warrant with an endorsement certifying themanner of its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 19
Warrant to enforce the payment of maintenance by Attachment and Sale
(Seesection125)
To........................................... (nameand designation of the Police Officer or other person to execute the warrant).
WHEREAS anorder has been duly made requiring ................................... (name) to allow to his said wife(or child or father or mother) for maintenance the monthly sum of rupees...................... and whereas the said ............................(name) in wilful disregard of the saidorder has failed to pay rupees ..................., being the amount of the allowance forthe month (or months) of .................
This is to authoriseand require you to attach any movable property belonging to the said...........................(name) which may be found within the district of................... and of within.........................(state the number of days or hours allowed)next after such attachmentthe said sum shall not be paid (or forthwith), to sell the movable propertyattached, or so much thereof what you have done under it, immediately upon itsexecution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 20
Order for the removal ofnuisances
(See section 133)
To................................................................ (name, description and address)
WHEREAS ithas been made to appear to me that you have caused an obstruction (or nuisance)to person using the public roadway (or other public place) Which, etc.........................(describe the road or public)by, etc. .................., (state what it is that causethe obstruction or nuisance), and that such obstruction (or nuisance) stillexits;
or
WHEREAS ithas been made to appear to me that you are carrying on, as owner, or manager,the trade or occupation of ............................... (state the particular trade or occupationand the place where it is carried on), and that the same is injurious to thepublic health (or comfort) by reason .................................. (state briefly) in what manner theinjurious effects are caused),and should be suppressed or removed to adifferent place.
or
WHEREAS ithas been made to appear to me that you are the owner (or are in possession ofor have the control over) a certain and(or well or excavation) adjacent to thepublic way ..................... (describe the thoroughfare), and that the safety of thepublic is endangered by reason of the said tank (or well or excavation) beingwithout a fence (or insecurely fenced);
or
WHEREAS, etc.,etc., (as the case may be);
I do hereby direct andrequire you within .................(state the time allowed)................................(state what isrequired to be done to abate the nuisance)or to appear at ...................... in Court of.............. on the .....................day of .............. next, and to show cause why this ordershould not be enforced;
or
I do hereby direct andrequire you within .....................(state the time allowed)to cease carrying on the saidtrade or occupation at the said place, and not again to carry on the same, orto remove the said trade from the place where it is now carried on, or toappear, etc.;
or
I do hereby direct andrequire you within .......................(state the time allowed) to put up a sufficientfence .....................(state the kind of fence and the part to be fenced); or to appear,etc.;
I do hereby direct andrequire you, etc., etc., (as the case may be).
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 21
Magistrate's Notice andPreemptory Order
(Seesection141)
To........................................................(name, description and address)
I HEREBY give younotice that it has been found that the order issued on the ......................... day of....................... requiring you............................... (state substantially the requisition in theorder) is reasonable and proper. Such order has been made absolute, and I herebydirect and require you to obey the said order within ............................(state the timeallowed),on peril of the penalty provided by the Indian Penal Code fordisobedience thereto.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 22
Injunction to provide against imminent danger pending inquiry
(Seesection 142)
To...........................................(name,description and address)
WHEREAS theinquiry into the conditional order issued by me on the ................day of .................. 20....,is pending, and it has been made to appear to me that the nuisance mentioned inthe said order is attended with such imminent danger or injury of a seriouskind to the public as to render necessary immediate measures to prevent suchdanger or injury, I do hereby, under the provisions of section 142 of the Codeof Criminal Procedure, 2073, direct and enjoy you forthwith to .................................(stateplainly what is required to be dine as a temporary safeguard), pending theresult of the inquiry.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 23
Magistrate's Order prohibiting the repetition, etc., of a nuisance
(Seesection143)
To........................................................(name, description and address)
WHEREAS ithas been made to appear to me that, etc.,........................ (state the properrecital,guided by Form No. 20 or Form No. 24, as the case may be);
I do hereby strictlyorder and enjoin you not to repeat or continue, the said nuisance.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 24
Magistrate's Order to prevent obstruction, Riot,etc.
(Seesection 144)
To........................................................(name, description and address)
WHEREAS ithas been made to appear to me that you are in possession (or have themanagement) of ............................ (describe clearly the property), and that, in digging adrain on the said land, you are about to throw or place a portion of the earthand stone dug-up upon the adjoining public road, so as to occasion risk ofobstruction to persons using the road.
or
WHEREAS ithas been made to appear to me that you and a number of other persons...................................(mention the class of persons) are about to meet and proceed in aprocession along the public street, etc., (as the case may be)and that suchprocession is likely to lead to a riot or an affray;
or
WHEREAS, etc.,etc., (as the case may be);
I do hereby order younot to place or permit to be placed any of the earth or stones dug from 1 andon any part of the said road;
or
I do hereby prohibitthe passing along the said street, and strictly warn and enjoin you not to takeany part in such procession (or as the case recited may require)
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 25
Magistrate's Order declaring party entitled to retain possession ofLand, etc., in dispute
(See section145)
It appear to me, onthe grounds duly recorded, that a dispute, likely to induce a breach of thepeace, existed between ........................................................ (describe the parties by name andresidence, or residence only if the dispute be between bodies of villagers)certain ................................... (state concisely the subject of dispute), situate within mylocal jurisdiction, all the said parties were called upon to give in a writtenstatement of their respective claims as to the fact of actual possession of thesaid ...................................(the subject of dispute), and being satisfied by due inquiry hadthereupon, without reference to the merits of the claim of either of the saidparties to the legal right of possession, that the claim of actual possessionby the said .......................... (name or names or description)is true, I so decide anddeclare that he is (or they are)in possession of the said............................. (the subjectof dispute)and entitled to retain such possession until ousted by due course oflaw, and do strictly forbid any disturbance of his (or their)possession in themeantime.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 26
Warrant of attachment in the case of a dispute as to the possession ofLand, etc.
(See section 146)
To the Officer incharge of the Police Station at ....................
(or, To the Collectorof .....................)
WHEREAS ithas been made to appear to me that a dispute likely to induce a breach of thepeace existed between ..................................(describe the parties concerned by name andresidence, or residence only of the dispute be between bodies of villagers)concerning certain .......................(state concisely the subject of dispute)situatewithin the limits of my jurisdiction, and the said parties were thereupon dulycalled upon to state in writing their respective claims as to the fact ofactual possession of the said........................... (the subject of dispute),and whereas,upon due inquiry into the said claims, I have decided that neither of the saidparties was in possession of the said ................................. (the subject of dispute) (or Iam unable to satisfy myself as to which of the said parties was in possessionas aforesaid);
This is to authorisedand require you to attach the said .............................. (the subject of dispute)by takingand keeping possession thereof, and to hold the some under attachment until thedecree or order of a competent Court determining the rights of the parties, orthe claim to possession, shall have been obtains, and to return this warrantwith an endorsement certifying the manner of its execution.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 27
Magistrate's Order prohibiting the doing of anything on Land or Water
(See section147)
A DISPUTE havingarisen concerning the right of use of ............................... (state concisely the subject ofdispute) situate within my local jurisdiction, the possession of which land (orwater) is claimed exclusively by ................................ (describe the person or persons), andit appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if byindividual or a class of persons, describe him or them) and (if the use can beenjoyed throughout the year) that the said use has been enjoyed within threemonths of the institution of the said inquiry (or if the use is enjoyable onlyat a particular season say, "during the last of the seasons at which the sameis capable of being enjoyed");
I do order that thesaid ............................. (the claimant or claimant of possession)or any one in theirinterest, shall not take (or retain) possession of the said land (or water) tothe exclusion of the enjoyment of the right of use aforesaid, until he (orthey) shall obtain the decree or order of a competent Court adjudging him (orthem) to be entitled to exclusive possession.
Dated, this.......................day of ............,20.....
(Seal of the Court)
(Signature)
FORM NO. 28
Bond and Bail-Bond on a preliminary inquiry before a Police Officer
(See section 169)
I,...........................................(name),of ........................, being charged with the offence of..................................and after inquiry requiredto appear before the Magistrate of..........................
or
and after inquirycalled upon to enter into my own recognizance to appear when required, dohereby bind myself to appear at......................... in the Court of........................, on the.....................day of ....................... next (or on such day as I may hereafter be required toattend) to answer further to the said charge, and in case of my making defaulttherein, I bind myself to forfeit to Government, the sum of rupees.....................
Dated, this...........................day of......................,20......
(Seal of the Court)
(Signature)
I hereby declaremyself (or we jointly and severally declare ourselves and each of us) surety(or sureties) for the above said ........................(name) that he shall attend at........................in the Court of ..........................., on the.....................day of .................. next (or on such day ashe may hereafter be required to attend), further to answer to the chargepending against him, and, in case of his making default therein, I hereby bindmyself (or we hereby bind ourselves) to forfeit to Government, the sum of rupees.....................
Dated, this........................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 29
Bond to prosecute or give Evidence
(See section170)
I,..........................................(name), of ..............................., (place) do hereby bind myself to attendat ...................... in the Court of ................... at................o'clock on the....................day of.....................next and then and there to prosecute (or to prosecute and give evidence)(or to give evidence) in the matter of a charge of ............. against oneA.B. and,in case of making default herein. I bind myself to forfeit to Government thesum of rupees ......................
Dated,this........................day of ...................,20.....
(Seal of the Court)
(Signature)
FORM NO. 30
Special summons to a person accused of a Petty Offence
(See section 206)
To.....................................................(Name of the accused)
of.........................................................................(address)
WHEREAS yourattendance is necessary to answer a charge of a petty offence .................................. (stateshortly the offence charged), you are hereby required to appear in person (orby pleader) before ......................... (Magistrate)of.....................on the ....................... day of.......................20....., or if you desire to plead guilty to the charge without appearingbefore the Magistrate, to transmit before the aforesaid date the plea of guiltyin writing and the sum of ................ rupees as fine, or if you desire to appear bypleader and to plead guilty through such pleader, to authorize such pleader.Herein fail not.
Dated, this............................day of ......................,20......
(Seal of the Court)
(Signature)
(Note.-The amount offine specified in this summons shall not exceed one hundred rupees.)
FORM NO. 31
Notice of commitment by Magistrate to Public Prosecutor
(See section209)
The Magistrate of ................................. hereby gives notice that he has committed one................................. for trial atthe next Sessions; and the Magistrate hereby instructs the Public Prosecutor toconduct the prosecution of the said case.
The charge against theaccused is that, ........................... etc. (state the offence as in the charge).
Dated, this ............................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 32
Charges
(See section 211,212 and 213)
I. CHARGES WITH ONE-HEAD
(1)(a) I, .................................................... (name and office of Magistrate,etc.), hereby charge you...................................... (name of accused person)as follows:-
(b) On section 121.--That you, on or about the................... day of.........., at ............................... waged war againstthe Government of India and thereby committed an offence punishable undersection 121 of the Indian Penal Code, and within the cognizance of this Court.
(c)And I herebydirect that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
[To be substituted for(b)]--
(2) On section 124.--That you, on or about the.................. day of ................, at................................., with theintention of inducing the President of India [or, as the case may be, theGovernor of ..........................(name of State) to refrain from exercising a lawful power assuch President (or, as the case may be, the Governor), assaulted President (or,as the case may be, Governor), and thereby committed an offence punishableunder section 124 of the Indian Penal Code, and within the cognizance of thisCourt.
(3) On section 161.--That you being a public servant in the..................................Department, directly acceptedfrom .......................... (state the name)for another party...................... (state thename)gratification other than legal remuneration, as a motive for forbearing todo an official act, and thereby committed an offence punishable under section161 of the Indian Penal Code, and within the cognizance of this Court.
(4) On section 166.--That you, on or about the ................day of ................, at........................ did (or omitted todo, as the case may be),such conduct being contrary to the provisions of....................Act .............., section ............., and known by you to be prejudicial to....................,and thereby committed an offence punishable under section 166 of the IndianPenal Code, and within the cognizance of this Court.
(5) On section 193.--That you, on or about the........................day of ................, at.................. in the course ofthe trail of ............. Before ............., started in evidence that".........................."which statement you either knew or believed to be false, or did not believe to betrue, and thereby committed an offence punishable under section 203 of theIndian Penal Code, and within the cognizance of this Court.
(6) On section 304.--That you, on or about the................day of ..................,at ..................... , committed culpablehomicide not amounting to murder, causing the death of ........................, and therebycommitted an offence punishable under section 304 of the Indian Penal Code, andwithin the cognizance of this Court.
(7) On section 306.--That you, on or about the....................day of ..............,at ....................,abetted thecommission of suicide by A.B., a person in a state of intoxication, and therebycommitted an offence punishable under section 306 of the Indian Penal Code, andwithin the cognizance of this Court.
(8) On section 325.--That you, on or about the.................... day of ................,at ...................,voluntarily causedgrievous hurt to .................... and thereby committed and offence punishable undersection 325 of the Indian Penal Code, and within the cognizance of this Court.
(9) On section 392.--That you, on or about the.................day of ...............,at ...................., robbed (state the name),and thereby committed an offence punishable under section 392 of the IndianPenal Code, and within the cognizance of this Court.
(10) On section 395.--That you, on or about the................day of...............,at ...................,committed dacoity, anoffence punishable under section 395 of the Indian Penal Code, and within thecognizance of this Court.
II. CHARGES WITH TWO OR MORE HEADS
(1)(a) I, .............................(nameand office of Magistrate, etc.),hereby charge you.................................... (name of accusedperson)as follows:-
(b) On section 241 First--That you, on or about the...............day of .........., at.................... knowing a count tobe counterfeit, delivered the same to another person, by name, A.B. as genuine,and thereby committed an offence punishable under section 241 of the Indian PenalCode, and within the cognizance of the Court of Session.
Secondly--That you, onor about the ............... day of ............., at ............... knowing a coin to be counterfeitattempted to induce another person, by name, A.B. to receive it as genuine, andthereby committed an offence punishable under section 241 of the Indian PenalCode, and within the cognizance of the Court of Session.
(c) And I herebydirect that you be tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
[To be substituted for(b)]:--
(2) On section 302 and304 First.--That you, on or about the..................day of ................, at ....................committed murder by causing the death of .............and thereby committed an offencepunishable under section 302 of the Indian Penal Code, and within the cognizanceof the Court of Session.
Secondly--That you, onor about the .................. day of ............., at ..............., by causing the death of...................committedculpable homicide not amounting to murder, and thereby committed an offencepunishable under section 304 of the Indian Penal Code, and within thecognizance of the Court of session.
(3) On section 379 and382 First--That you, on or about the...............day of .............., at...................,committedtheft, and thereby committed an offence punishable under section 379 of theIndian Penal Code, and within the cognizance of the Court of session.
Secondly--That you, onor about the ........................ day of .........................., at .........................., committed theft, having madepreparation for causing death to a person in order to committing of such theft,and there by committed an offence punishable under section 382 of the IndianPenal Code, and within the cognizance of the Court of Session.
Thirdly--That you, onor about the ....................... day of .........., at ...............,committed theft, having madepreparation for causing restraint to a person in order to the effecting of yourescape after the committing of such theft, and thereby committed an offencepunishable under section 382 of the Indian Penal Code, and within thecognizance of the Court of Session.
Fourthly--That you, onor about the .................. day of ................, at................., committed theft, having made preparationfor causing fear of hurt to a person in order to the retaining of propertytaken by such theft and thereby committed an offence punishable under section382 of the Indian Penal Code, and within the cognizance of the Court ofSession.
(4) Alternative chargeon section 193.--That you, on or about the................. day of.............., at..................., in thecourse of the inquiry into ..................., before ..........................., stated in evidence that"...................." and that you, on or about the.................day of....................at ........................,in the course of the trail of.........................,before .........................,stated in theevidence that "...................." One of which statements you either knew orbelieved to be false, or did not believe to be true, and thereby committed anoffence punishable under section 203 of the Indian Penal Code, and within thecognizance of the Court of Session.
(In cases tried byMagistrates substitute "within my cognizance", for "within thecognizance of the Court of Session").
III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION
I,........................................................... (name and office of Magistrate,etc.), hereby charge you........................................ (name of accused person)as follows:-
That you, on or aboutthe ...................day of ..............., at ..............., committed theft, and thereby committed anoffence punishable under section 379 of Indian Penal Code, and within thecognizance of the Court of Session (or Magistrate, as the case may be.)
And you, the said .................................. (name of accused), stand further charged that you, before thecommitting of the said offence, that is to say, on the ...................day of.................., hadbeen convicted by the ......................(state Court by which conviction was had)at........................ of an offence punishable under Chapter XVII of the Indian Penal Codewith imprisonment or a them of three years, that is to say, the offence ofhouse-breaking by night ........................... (describe the offence in the words used inthe section under which the accused was convicted), which conviction is stillin full force and effect, and that you are thereby liable to enhancedpunishment under section 75 of the Indian Penal Code.
And I hereby directthat you be tried, etc.
FORM NO. 33
Summons to witness
(See section 61 and244)
To .............................. of .........................
WHEREAS complainthas been made before me that ................................. (name of the accused) of............................(address) has (or is suspected to have) committees the offence of .......................)statethe offence concisely with time and place), and it appears to me that you arelikely to give material evidence or to produce any document or other thing forthe prosecution;
You are herebysummoned to appear before this Court on the .....................day of..................... next at teno'clock in the forenoon, to produce such document or thing or to testify whatyou know concerning the matter of the said complaint, and not to depart thencewithout leave of the Court; and you are hereby warned that, if you shallwithout just excuse neglect or refuse to appear on the said date, a warrantwill be issued to compel your attendance.
Dated, this ............................day of ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 34
Warrant of commitment on a sentence of imprisonment or fine ifpassedby a3 [Court]
4 (See section 235,248 and 255)
To the Officer incharge of the Jail at ................................
WHEREAS onthe .......................day of ..................,..................(name ofprisoner),the (1st, 2nd,3rd, as the case may be)prisoner in case No......................... of the Calendarfor 20 ............, was convicted before me..........................(name and officialdesignation)ofthe offence of ........................(mention the offence or offencesconcisely)under section .......................(or sections)of the Indian Penal Code (or of........................Act.......), and wassentenced to ....................(state the punishment fully and distinctly);
This is to authoriseand require you to receive the said ........................ (prisoner's name)into your custodyin the said Jail, together with this warrant, and thereby carry the aforesaidsentence into execution according to law.
Dated, this....................day of ................,20.....
(Seal of the Court)
(Signature)
FORM NO. 35
Warrant of imprisonment on failure to pay compensation
(See section250)
To the Officer incharge of the Jail at ....................................
WHEREAS ..............................................(nameand description) has brought against.................................................. (name and description ofht accused person) the complaint that ...............................(mention it concisely)and thesame has been dismissed on the ground that there was no reasonable ground formaking the accusation against the said ............................. (name)and the order of dismissalawards payment by the said ..................................(name of complainant)of the sum of rupees...................... as compensation; and whereas the said sum gas not been paid and anorder has been made for his simple imprisonment in Jail for the period of.................. days, unless the aforesaid sum be sooner paid.
This is to authoriseand require you to receive the said ...........................(name) into your custody, togetherthis warrant, and him safely to keep in the said Jail for the said period of.......................(term of imprisonment), subject to theprovisionsof section 69 of theIndian Penal Code, unless the said sum be sooner paid, and on the receiptthereof, forthwith to set him at liberty, returning this warrant with anendorsement certifying the manner of its execution.
Dated, this .....................day of .............,20.....
(Seal of the Court)
(Signature)
FORM NO. 36
Orderrequiringproduction in Court of Person in Prison for answering to charge ofoffence
(See section267)
To the Officer incharge of the Jail at .............................
WHEREAS theattendance of ................................................... (name of prisoner) at present confined/detained in the above-mentioned prison, is required in this Court to answer toa charge of ...............................(state shortly the offence charged)or for the purpose ofa proceeding (state shortly the particulars of the proceeding);
You are herebyrequired to produce the said ................................ under safe and sure conduct beforethis Court ............ on the ..................... day of............., 20....., by ..........A.M. there to answerto the said charge, or for the purpose of the said proceeding, and after thisCourt has dispensed with his further attendance, cause him to be conveyed undersafe and sure conduct back to the said prison.
And you are furtherrequired to inform the said ........................... of the contents of this order anddeliver to him the attached copy thereof.
Dated, this ....................day of ..............,20......
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
FORM NO. 37
Order requiring production in Court of Person in Prison for giving evidence
(See section 267)
To the Officer incharge of the Jail at .........................
WHEREAS complainthas been made before this Court that .................................... (name of the accused) of................................... has committed to offence of ........................ (state offence conciselywith tim and place)and it appears that.......................................(name ofprisoner)at presentconfined/ detained in the above-mentioned prison, is likely to give materialevidence for the prosecution/ defence;
You are herebyrequired to produce the said ............................ under safe and sure conduct before thisCourt at ........................ on the..............day of ..........., 20..... by .........A.M. there to giveevidence in the matter now pending before this Court, and after this Court hasdispensed with his further attendance, cause him to be conveyed under safe andsure conduct back to the said prison.
And you are furtherrequired to inform the said ........................... of the contents of this order and deliverto him the attached copy thereof.
Dated, this ............................ day of .......... 20....
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
FORM NO. 38
Warrant of commitment in certain cases of contempt when a fine is imposed
(See section345)
To the Officer incharge of the Jail at ...............................
WHEREAS ata Court held before me on this day ......................................... (name and description of theoffender) in the presence (or view)of the Court committed willful contempt;
And whereas for suchcontempt the said ............................... (name of the offender) has been adjudged by theCourt to pay a fine of rupees .................., or in default to suffer simpleimprisonment for the period of .........................(state the number of months or days);
This is to authoriseand require you to receive the said .................................(name of offender) into yourcustody, together with this warrant, and him safely to keep in the said Jailfor the said period of ......................(term of imprisonment),unless the said fine besooner paid; and, on the receipt thereof, forthwith to set him at liberty,returning this warrant with an endorsement certifying the manner of itsexecution.
Dated, this ......................day of .................,20....
(Seal of the Court)
(Signature)
FORM NO. 39
Magistrate's or Judge's Warrant of Commitment of Witness refusing to answer or to produce Document
(See section 349)
To ................................................. (name and designation of officer of Court).
WHEREAS .....................................(nameand description), being summoned (or brought before this Court) as a witnessand this day required to give evidence on an inquiry into an alleged offence,refused to answer a certain question (or certain questions) put to him touchingthe said alleged offence, and duly recorded, or having been called upon toproduce any document has refused to produce such document, without alleging anyjust excuse for such refusal, and for his refusal has been ordered to bedetained in custody for .......................(term of detention adjudged);
This is to authoriseand require you to take the said ...................................(name) into custody, and himsafely to keep in your custody for the period of .................. days, unless in themeantime he shall consent to be examined and to answer the questions asked ofhim, or to produce the document called for from him, and on the last of thesaid days, or forthwith on such consent being known, to bring him before thisCourt to be dealt with according to law, returning this warrant with anendorsement certifying the manner of its execution.
Dated, this ....................day of .........,20....
(Seal of the Court)
(Signature)
FORM NO. 40
Warrant of commitment under sentence of death
(See section366)
To the Officer incharge of the Jail at ............................
WHEREAS atthe Session held before me on the ................day of..........., 20....., (name ofprisoner)the (1st,2nd,3rd,as the case may be)prisoner in case No..................... of the Calendar for20....... at the said Session,was duly convicted of the offence of culpable homicide amounting to murderunder section .....................of the Indian Penal Code, and sentenced to death. subjectto the confirmation of the said sentence by the ....................Court of .......................;
This is to authoriseand require you to receive the said ..................(prisoner's name)into your custody inthe said Jail, together with this warrant, and him there safely to keep untilyou shall receive the further warrant of order of this Court, carrying intoeffect the order of the said ...............Court.
Dated, this .................... dayof ..........., 20.....
(Seal of the Court)
(Signature)
FORM NO. 41
Warrant after a commutation of asentence
5 [See section 386, 413 and 416]
To the Officer incharge of the Jail at ...........................
WHEREAS at a Sessionheld on the ..........................., day of ...................,20....,....................................... (name ofprisoner) the (1st,2nd,3rd,as the case may be)prisoner in case No. .................., of the Calendar for20........., at said Session, wasconvicted of the offence of ................. punishable under section................of the IndianPenal Code, and sentenced to ....................., and was thereupon committees to yourcustody; and whereas by the order of the ..............Court of .....................(a duplicate ofwhich is hereunto annexed) the punishment adjudged by the said sentence hasbeen commuted to the punishment of imprisonment for life;
This is to authoriseand require you safely to keep the said ................................. (prisoner's name) in yourcustody in the said jail, as by law is required, until he shall be deliveredover by you to the proper authority and custody for the purpose of hisundergoing the punishment of imprisonment for under the said order,
or
if the mitigatedsentence is one of imprisonment, say, after the words "custody in the saidjail", and there to carry into execution the punishment of imprisonmentunder the said order according to law",
Dated,this..................dayof ..................,20.......
(Seal of the Court)
(Signature)
FORM NO. 42
Warrant of execution of a sentence of death
6 [See section 413 and 414]
To the Officer incharge of the Jail at .............................
WHEREAS....................................... (name of prisoner) the (1st,2nd,3rd,as the case may be)prisoner in case No .................., of the Calendar for20........., atsaid Session, held before me on the .................day of ...............20....has been by a warrantof the Court, dated the day ................of................. committed to your custody undersentence of death; .....................and whereas the order of the High Court at ............................confirming the said sentence has been received by this Court;
This is to authoriseand require you to carry the said sentence into execution by causing the said...................... to be hanged by the neck until he be dead, at........................(time and placeof execution) and to return this warrant to the Court with an endorsementcertifying that the sentence has been executed.
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
FORM NO. 43
Warrant to levy a finebyAttachment and Sale
(Seesection421)
To.........................................(name anddesignation of the police officer or other person or persons who is or are toexecute the warrant).
WHEREAS ..........................................(name and description of the offender) was on the ..................day of ............,20....,convicted before me of the offence of ................................(mention the offenceconcisely), and sentenced to pay a fine of rupees .................., and whereas the said............................(name), although required to pay the said fine, has not paid the sameor any part thereof;
This is to authoriseand require you to attach any movable property belonging to the said .................................(name) which may be found within the district of .....................; and, if within..............................(state the number of days or hours allowed)next after such attachmentthe said sum shall not be paid or (forthwith) to sell the movable propertyattached, or so much thereof as shall be sufficient to satisfy the said fine,returning this warrant, with an endorsement certifying what you have done underit, immediately upon its execution.
Dated, this...................dayof ......................,20.....
(Seal of the Court)
(Signature)
FORM NO. 44
Warrant for recovery of fine
(Seesection 421)
To the Collector ofthe district of ...........................
WHEREAS ..........................................................(name,address and description of the offender)was on the ...............day of...........,20.....convicted before me of the offence of ........................ (mention the offence concisely), andsentence to pay a fine of rupees ...........; and
WHEREAS thesaid .......................................(name), although required to pay the said fine, has not paidthe same or any part thereof;
You are herebyauthorized and requested to realize the amount of the said fine as arrears ofland revenue from the movable or immovable property, or both, of the said........................................(name)and to certify without delay what you may have done inpursuance of this order.
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
7 [FORM NO. 44A]
Bond for appearance ofoffender releasedpending realisation of fine
[See section 424(1)(b)]
WHEREAS I.....................................(name), inhabitant of......................(Place) have been sentenced to paya fine of rupees ................. and in default of payment thereof to undergoimprisonment for ...................., and whereas the Court has been pleased to order myrelease on condition of my execution a bond for my appearance in the followingdate (or dates), namely:-
I hereby bind myselfto appear before the Court of ................. at .............O'clock on the followingdate (or dates) namely:-
and in case of makingdefault therein, I bind myself to forfeit to Government the sum of rupees.........................
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD-
We do hereby declareourselves sureties for the above-named that he will appear before the Court of ........................ on the following date(or dates) namely:-
and, in case of makingdefault therein, we bind ourselves jointly and severally to forefeit toGovernment the sum of rupees.............
(Seal of the Court)
(Signature)
FORM NO. 45
Bond and bail-bond forattendance beforeofficer in charge ofpolice station or Court
[See section 436, 8[436A,]437,9[437A], 438(3) and 441]
I..........................................(name),of .........................................(Place) having been arrested or detained without warrant bythe officer in charge of .................... police station (or having been brought beforethe Court of ........................) charged with the offence of ...................., and required togive security for my attendance before such officer of Court on condition thatI shall attend such officer or Court on every day on which any investigation ortrial is held with regard to such charge, and in case of making default herein,I bind myself to forfeit to Government the sum of rupees.....................
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
I hereby declaremyself (or we jointly and severally declare ourselves and each of us) surety(or sureties) for the above said ..............................................(name) that he shall attendthe officer in charge of ....................... police station or the Court of ........................ onevery day on which ay investigation into the charge is made or any trial (onsuch charge is held that he shall be, and appear, before such Officer or Courtfor the purpose of such investigation or to answer the charge against him (asthe case may be), and, in case if his making default herein, I hereby bindmyself (or we hereby bind ourselves) to forfeit to Government the sum of rupees...............
Dated,this..................dayof ..................,20.......
(Seal of the Court)
(Signature)
FORM NO. 46
Warrant to discharge a personimprisoned on failure togive security
(Seesection442)
To the Officer incharge of the Jail at ............................
(or other officer inwhose custody the person is)
WHEREAS ....................................................................(nameand description of prisoner) was committed to your custody under warrant ofthis Court, dated, the .............,day of ................. and has since with his surety (orsureties) duly executed a bond under section 441 of the Code of CriminalProcedure.
This is to authoriseand require you forthwith to discharge the said ..................................... (name) from yourcustody, unless he is liable to be detained for some other matter.
Dated,this..................day of ..................,20.....
(Seal of the Court)
(Signature)
7 [FORMNO. 47
Warrant of attachment to enforce abond
(Seesection446)
To the Police officerin charge of the police station at ........................
WHEREAS ......................................................................(name,description and address of person)has failed to appear on............................(mention theoccasion)pursuant to his recognizance, and has by default forfeited toGovernment the sum of rupees ........................... (the penalty in the bond); and whereas thesaid .............................................. (name of person) has, on sue notice to him, failed to pay thesaid sum or show any sufficient cause why payment should not be enforcedagainst him.
This is to authoriseand require you to attach any movable property of the said..........................................(name)that you may find within the district of ........................, by seizure and detention,and, so much of it as may be sufficient to realize the amount aforesaid, and tomake return of what you have done under this warrant immediately upon its execution.
Dated,this..................day of ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 48
Notice to surety in breach of abond
(Seesection446)
To.............................., of .......................
WHEREAS onthe .......................day of ..................,20..., you became surety for ........................................... (name) of..........................(Place) that he should appear before this Court on the .............. day of............, and bound yourself in default thereof to forfeit the sum of rupees......................................... Government; and whereas the said ....................................... (name) hasfailed to appear before this Court and by reason of such ................. default youhave forfeited the aforesaid sum of rupees .................
You are herebyrequired to pay the said penalty or show cause, within ............. days from thisdate, why payment of the said sum should not be enforced against you.
Dated,this..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 49
Notice to surety of forfeiture ofbond for goodbehaviour
(Seesection446)
To...........................,of...................
WHEREAS onthe .....................day of ...............20....., by became surety by a bond for......................................................................................(name) of....................(Place) that he would be ofgood behaviour for the period of ......... and bound yourself in default thereofforfeit the sum of rupees ...............to Government; and whereas the said.......................................(name) has been convicted of the offence of.................................(mention the offence concisely)committed since you became suchsurety, whereby your security bond has become forfeited;
You are herebyrequired to pay the said penalty of rupees .................. or to show cause within................. days why it should not be paid.
Dated,this ..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM No. 50
Warrant of attachment against asurety
(Seesection446)
To........................,of.....................
WHEREAS ..................................................................(name,description and address) has bound himself as surety for the appearance of................................(mention the condition of the bond)and the said ..................................(name) has madedefault, and thereby forfeited to Government the sum of rupees ................(thepenalty in the bond.)
This is to authoriseand require you to attach any movable property of the said ............................. (name)which you may find within the district of ...................,less by seizure anddetention; and, if the said amount be not paid within .............days, to sell theproperty so attached, or so much of it as may be sufficient to realize theamount aforesaid, and make return of what you have done under this warrantimmediately upon its execution.
Dated,this..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 51
Warrant of commitment of the surety of anaccused personadmitted to bail
(Seesection446)
To the Superintendent(or keeper) of the Jail at ...........................
WHEREAS .......................................................... (nameand description of surety) has bound himself as a surety for the appearance of.............................(state the condition of the bond) and the said.....................................................(name) has therein made default whereby the penaltymentioned in the said bond has been forfeited to Government; and whereas thesaid ..................................(name of surety)ha, on sue notice to hi, failed to pay the sumor show any sufficient cause why payment should not be enforced against him,and the same cannot be recovered by attachment and sale of his movableproperty, and an order has been made for his imprisonment in the Civil Jail for(specify the period);
This is to authoriseand require you, the said Superintendent (or Keeper) to receive the said........................................................(name) into your custody with this warrant and to keep himsafely in the said certifying the manner of its execution.
Dated,this ..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 52
Notice to the principal of forfeiture ofbond to keep thepeace
(Seesection446)
To..................................................................(name,description and address)
WHEREAS onthe ..................day of .........,20....., you entered into a bond not to commit, etc. (as inthe bond), and proof of the forfeiture of the same has been given before me andduly recorded;
You are hereby calledupon to pay the said penalty of rupees............ or to show cause before me within.............. days why payment of the same should not be enforced against you.
Dated,this ..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM No. 53
Warrant to attach the property of theprincipal on breach of abond to keep thepeace
(Seesection446)
To.............................................................................(name and designation of the police officer) atthe police station of .........................
WHEREAS .....................................................(nameand description) did, on the .................. day of..............,20..... enter into a bond forthe sum of rupees ................................ binding himself not to commit a breach of thepeace, etc. (as in the bond),and proof of the forfeiture of the said bond hasbeen given before me and duly recorded; and whereas notice has been given tothe said ..............................................(name) calling upon him to show cause why the said sumshould not be paid, and he has failed to do so or to pay the said sum;
This is to authoriseand require you to attach by seizure movable property belonging to the said...................................(name) to the value of rupees..................., which you may find within the districtof ..................,and, if the said sum be not paid within ............ to sell the property soattached, or so much of it as may be sufficient to realize the same; and tomake return of what you have done under this warrant immediately upon itsexecution.
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
7 [FORM NO. 54
Warrant of imprisonment on breach of abond to keep thepeace
(Seesection446)
To the Superintendent(or Keeper) of the civil jail at .......................
WHEREAS proofhas been given before me and duly recorded that ....................................................................... (name and description).has committed a breach of the bond enteredinto by him to keep the peace, whereby he has forfeited to Government the sumof rupees ........................ and whereas the said..................................................(name) has failed to paythe said sum or to show cause why the said sum should not be paid, althoughduly called upon to do so, and payment thereof cannot be enforced by attachmentof his movable property, and an order has been made for the imprisonment of thesaid .............................................................(name) in the civil Jail for the period of .................................(term of imprisonment);
This is to authoriseand require you, the said Superintendent (or Keeper) of the said Civil Jail toreceive the said ...........................................(name) into your custody, together with thiswarrant, and to keep him safely in the said jail for the said period of........................... (term of imprisonment)and to return this warrant with anendorsement certifying the manner of its execution.
Dated,this..................dayof ..................,20.......
(Seal of the Court)
(Signature)
7 [FORM NO. 55
Warrant of attachment and sale onforfeiture of bond forgoodbehaviour
(Seesection446)
To the Police Officerin charge of the police station at .........................
WHEREAS ........................................................(name,description and address) did, on the ............... day of............20.... give security bybond in the sum of rupees ................. for the good behaviour of..........................................(nameetc., of the principal), and proof has been given before me and duly recordedof the commission by the said ............................... (name) of the offence of ..............whereby the said bond has been forfeited; and whereas notice has been given tothe said .................................. (name) calling upon him to show cause why the aid sumshould not be paid, and he has failed to do so or to pay the said sum;
This is to authoriseand requiring you to attach by seizure movable property belonging to the said................................(name) to the value of rupees .......... which you may find within thedistrict of ................., and if the said sum be not paid within ........., to sell theproperty so attached, or so much of it as may be sufficient to realise thesame, and to make return of what you have done under this warrant immediatelyupon its execution.
Dated,this..................dayof ..................,20........
(Seal of the Court)
(Signature)
7 [FORM NO. 56
Warrant of imprisonment on forfeiture of bond for goodbehaviour
(Seesection446)
To the Superintendent(or Keeper) of the civil jail at .................
WHEREAS ....................................................................(name, description and address) did, on the.................. day of.........,20....., givesecurity by bond in the sum of rupees ................. for the good behaviour of...............................................(name, etc., of the principal) and proof of the breach of the saidbond has been given before me and duly recorded, whereby the said........................................(name) has forfeited to Government the sum of rupees ................., and whereas hehas foiled to pay the said sum or to show cause why the said sum should not bepaid although duly called upon to do so, and payment thereof cannot be enforcedby attachment of has movable property and an order had been made for theimprisonment of the said .............................................. (name) in the civil jail for theperiod of ..................(term of imprisonment)
This is to authoriseand require you, the Superintendent (or Keeper) to receive the said...........................................(name) into your custody, together with this warrant, and to keephim safely in the said Jail for the period of ................................(term ofimprisonment), returning this warrant with an endorsement certifying the mannerof its execution.
Dated,this..................dayof ..................,20.....
(Seal of the Court)
(Signature)
_______________________________
1. Strike out the one which is not applicable, depending on the nature of theproperty to be attached.
2. Strike out which is not desired.
3. Substituted by Act 45 of 1978, section 35, for "Magistrate" (w.e.f.18-12-1978).
4. Substituted Act 45 of 1978, section 35, for "(See section 248 and255)" (w.e.f. 18-12-1978).
5. Substituted by Act 45 1978, section 35, for "(See section 386)" (w.e.f.18-12-1978).
6. Substituted by Act 45 of 1978, section 35, for "(See section 414)" (w.e.f.18-12-1978).
7. Inserted by Act 45 of 1978, section 35 (w.e.f. 18-12-1978).
8. Inserted by Code of Criminal Procedure (Amendment) Act, 2005.
9. Inserted by Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.