Indian Penal Codes and classification of offences

FORM NO.32

CHARGES

(See sections 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) that you, on or about the day of, at, waged war against
the Government of India and thereby committed an offence punishable under section 121 (On section 121)
of the Indian Penal Code, and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

[To be substituted for (b) ]:-

(2) That you, on or about the day of, at, with the intention of
inducing the President of India [or, as the case may be, the Governor of (name of State)] to refrain from
exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as
the case maybe, the Governor), and thereby committed an offence punishable under section 124 (On section
124) of the Indian Penal Code, and within the cognizance of this Court.

(3) That you, being a public servant in the Department, directly accepted from (state the name) for
another party (state the name) gratification other than legal remuneration, as a motive for forbearing to do an
official act, and thereby committed an offence punishable under section 161 (On section 161) of the Indian
Penal Code, and within the cognizance of this Court.

(4) That you, on or about the day of, at, did (or omitted to do, 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 (On section 166) of the Indian Penal Code, and within the cognizance of this Court.

(5) That you, on or about the day of, at, in the course of the trial of
                   before
         , stated in evidence that "" which statement you either knew or believed or be false, or did
not believe to be true, and thereby committed an offence punishable under section 193 (On section 193) of the
Indian Penal Code, and within the cognizance of this Court.

(6) That you, on or about theday of, at, committed culpable
homicide not amounting to murder, causing the death of,and thereby committed an
offence punishable under section 304 (On section 304) of the Indian Penal Code, and within the cognizance of
this Court.

(7) That you, on or about theday of, at, abetted the commission of
suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section
306 (On section 306) of the Indian Penal Code, and within the cognizance of this Court.

(8) That you, on or about theday of, at, voluntarily caused grievous hurt to
                 , and thereby committed an offence punishable under section 325 (On section 325) of the
Indian Penal Code, and within the cognizance of this Court.

(9) That you, on or about theday of, at, robbed (state the name), and
thereby committed an offence punishable under section 392 (On section 392) of the Indian Penal Code, and
within the cognizance of this Court.

(10) That you, on or about theday of, at, committed dacoity, an
offence punishable under section 395 (On section 395) of the Indian Penal Code, and within the cognizance of
this Court.

 

II.CHARGES WITH TWO OR MORE HEADS

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows:-

         (b) First - That you, on or about theday of, at, knowing a
coin to becounterfeit, delivered the same to another person, by name, A.B., as genuine, and thereby
committedan offence punishable under section 241 (On section 241) of the Indian Penal Code, and
within the cognizance of theCourt of Session.

Secondly- That you, on or about theday of, at, knowing a coin to
be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby
committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of
the Court of Session.

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)];-

         (2) First - That you, on or about theday of, at, committed
murder by causing the death of, and thereby committed an offence punishable under section 302
(On sections 302 and 304) of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly- That you, on or about theday of, at, by causing the
death of, committed culpable homicide not amounting to murder, and thereby committed an offence
punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

(3) First- That you, on or about theday of, at, committed theft,
and thereby committed an offence punishable under section 379 (On sections 379 and 382) of the Indian Penal
Code, and within the cognizance of the Court of Session.

Secondly- That you, on or about theday of , at, committed theft, having
made preparation for causing death to a person in order to the committing of such theft and thereby committed
an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of
Session.

Thirdly- That you, on or about theday of, at, committed theft, having
made preparation for causing restraint to a person in order to the effecting of your escape after the committing
of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and
within the cognizance of the Court of Session.

Fourthly- That you, on or about theday of, at, committed theft,
having made preparation for causing fear of hurt to a person in order to the retaining of property taken by
such theft and thereby committed an offence punishable under section 382 of the Indian Penal Code, and
within the cognizance of the Court of Session.

(4) That you, on or about theday of, at, in the course of the inquiry
into, before , stated in evidence that "", and that you, on or about the
        day of, at
        , in the course of the trial of, before, stated in the evidence that "",
one of which statements you either knew or believed to be false, or did not believe to be true, and thereby
committed an offence punishable under section 193 (Alternative change on section 193) of the Indian Penal
Code, and within the cognizance of the Court of Session.

(In cases tried by Magistrate substitute "within my cognizance", for "within the cognizance 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 about theday of, at, committed theft, and thereby
committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance 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 the committing of the said
offence, that is to say, on theday ofhad been convicted by the (state Court by
which conviction was had) atof an offence punishable under Chapter XVII of the Indian Penal Code
with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe
the offence in the words used in the section under which the accused was convicted), which conviction is still
in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian
Penal Code.

And I hereby direct that you be tried, etc. _____________


FORM NO.33

SUMMONS TO WITNESS

(See sections 61 and 244)

To

WHEREAS complaint has been made before me that (name of the accused) of (address) has (or is suspected
to have) committed the offence of (state the offence concisely with time and place), and it appears to me that
you are likely to give material evidence or to produce any document or other thing for the prosecution;

You are hereby summoned to appear before this Court on the day of
         next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know
concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are
hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date ,a warrant will
be issued to compel your attendance.

Dated, this                                           day of                                      ,19.
(Seal of the Court)                                                                                                       (Signature)

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FORM NO.34

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A MAGISTRATE

(See sections 248 and 255)

To the Officer in charge of the Jail at

WHEREAS on theday of, (name of prisoner), the (1st, 2nd, 3rd, as the case may
be) prisoner in case No.of the Calendar for 19, was convicted
before me (name and official designation) of the offence of (mention the offence or offences concisely under
section (or sections) of the Indian Penal Code (or of Act), and was sentenced to (state the
punishment fully and distinctly);

This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail,
together with this warrant, and thereby carry the aforesaid sentence into execution according to law.

Dated, this                                           day of                                      ,19.
(Seal of the Court)                                                                                                       (Signature)

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