Indian constitution

14. Equality before law.—The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.

20. Protection in respect of conviction for offences.—(1) No person shall

be convicted of any offence except for violation of a law in force at the time of the
commission of the Act charged as an offence, nor be subjected to a penalty greater
than that which might have been inflicted under the law in force at the time of the
commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than
once.
(3) No person accused of any offence shall be compelled to be a witness against
himself.

Indian penal code

1[34. Acts done by several persons in furtherance of common intention.—

When a criminal act is done by several persons in furtherance of the common
intention of all, each of such persons is liable for that act in the same manner as if it
were done by him alone.]

120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal

conspiracy to commit an offence punishable with death, 1[imprisonment for life] or
rigorous imprisonment for a term of two years or upwards, shall, where no express
provision is made in this Code for the punishment of such a conspiracy, be punished
in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to

commit an offence punishable as aforesaid shall be punished with imprisonment of
either description for a term not exceeding six months, or with fine or with both.]

149. Every member of unlawful assembly guilty of offence committed in

prosecution of common
object.—If an offence is committed by any member of an unlawful assembly in
prosecution of the common object of that assembly, or such as the members of that
assembly knew to be likely to be committed in prosecution of that object, every
person who, at the time of the committing of that offence, is a member of the same
assembly, is guilty of that offence.
 Criminal procedural code

CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

154. Information in cognizable cases.—(1) Every information relating to the

commission of a cognizable offence, if given orally to an officer in charge of a police
station, shall be reduced to writing by him or under his direction, and be read over
to the informant; and every such information, whether given in writing or reduced
to writing as aforesaid, shall be signed by the person giving it, and the substance
thereof shall be entered in a book to be kept by such officer in such form as the
State Government may prescribe in this behalf:

1[Provided that if the information is given by the woman against whom an offence
under section 326A, section 326B, section 354, section 354A, section 354B, section
354C, section 354D, section 376, section 376A, section 376B, section 376C, section
376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged
to have been committed or attempted, then such information shall be recorded, by
a woman police officer or any woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 354, section
354A, section 354B, section 354C, section 354D, section 376, section 376A, section
376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal
Code (45 of 1860) is alleged to have been committed or attempted, is temporarily
or permanently mentally or physically disabled, then such information shall be
recorded by a police officer, at the residence of the person seeking to report such
offence or at a convenient place of such person‘s choice, in the presence of an
interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Judicial
Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]

(2) A copy of the information as recorded under sub-section (1) shall be given
forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police
station to record the information referred to in sub-section (1) may send the
substance of such information, in writing and by post, to the Superintendent of
Police concerned who, if satisfied that such information discloses the commission of
a cognizable offence, shall either investigate the case himself or direct an
investigation to be made by any police officer subordinate to him, in the manner
provided by this Code, and such officer shall have all the powers of an officer in
charge of the police station in relation to that offence.
161. Examination of witnesses by police.—(1) Any police officer making an
investigation under this Chapter, or any police officer not below such rank as the
State Government may, by general or special order, prescribe in this behalf, acting
on the requisition of such officer, may examine orally any person supposed to be
acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case
put to him by such officer, other than questions the answers to which would have a
tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the
course of an examination under this section; and if he does so, he shall make a
separate and true record of the statement of each such person whose statement he
records.

3[Provided that statement made under this sub-section may also be recorded by
audio-video electronic means:]

1[Provided further that the statement of a woman against whom an offence under
section 354, section 354A, section 354B, section 354C, section 354D, section 376,
section 376A section 376B, section 376C, section 376D, section 376E or section 509
of the Indian Penal Code (45 of 1860) is alleged to have been committed or
attempted shall be recorded, by a woman police officer or any woman officer.]

1. Ins. by Act 5 of 2009, s.15 (w.e.f. 31-12-2009).

2. Ins. by s. 16, ibid. (w.e.f. 31-12-2009).

173. Report of police officer on completion of investigation.—(1) Every

investigation under this Chapter shall be completed without unnecessary delay.

2[(1A) The investigation in relation to rape of a child may be completed within three
months from the date on which the information was recorded by the officer in
charge of the police station.]

(2) (i) As soon as it is completed, the officer in charge of the police station shall
forward to a Magistrate empowered to take cognizance of the offence on a police
report, a report in the form prescribed by the State Government, stating—
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances
of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, whether with or without
sureties;
(g) whether he has been forwarded in custody under section 170.
1[(h) whether the report of medical examination of the woman has been attached
where investigation relates to an offence under section 376, 376A, 376B, 376C
2[376D or section 376E of the Indian Penal Code (45 of 1860)].]
(ii) The officer shall also communicate, in such manner as may be prescribed by the
State Government, the action taken by him, to the person, if any, by whom the
information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under section 158, the
report shall, in any case in which the State Government by general or special order
so directs, be submitted through that officer, and he may, pending the orders of the
Magistrate, direct the officer in charge of the police station to make further
investigation.
(4) Whenever it appears from a report forwarded under this section that the
accused has been released on his bond, the Magistrate shall make such order for
the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police
officer shall forward to the Magistrate along with the report—
(a) all documents or relevant extracts thereof on which the prosecution proposes to
rely other than those already sent to the Magistrate during investigation;
(b) the statements recorded under section 161 of all the persons whom the
prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not
relevant to the subject-matter of the proceedings or that its disclosure to the
accused is not essential in the interests of justice and is inexpedient in the public
interest, he shall indicate that part of the statement and append a note requesting
the Magistrate to exclude that part from the copies to be granted to the accused
and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he
may furnish to the accused copies of all or any of the documents referred to in sub-
section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in

respect of an offence after a report under sub-section (2) has been forwarded to the
Magistrate and, where upon such investigation, the officer in charge of the police
station obtains further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the form
prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be,
apply in relation to such report or reports as they apply in relation to a report
forwarded under sub-section (2).
 Naurcotics

20. Punishment for contravention in relation to cannabis plant and

cannabis.—Whoever, in contravention of any provision of this Act or any rule or
order made or condition of licence granted thereunder,—
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-
State, exports inter-State or uses cannabis,
shall be punishable,—
1[(i) where such contravention relates to clause (a) with rigorous imprisonment for
a term which may extend to ten years, and shall also be liable to fine which may
extend to one lakh rupees; and
(ii) where such contravention relates to sub-clause (b),—
(A) and involves small quantity, with rigorous imprisonment for a term which may
extend to 2[one year], or with fine which may extend to ten thousand rupees, or
with both;
(B) and involves quantity lesser than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term which may extend to ten years, and
with fine which may extend to one lakh rupees;
(C) and involves commercial quantity, with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a
fine exceeding two lakh rupees.]

Evidence

24. Confession caused by inducement, threat or promise, when irrelevant in

criminal proceeding.–– A confession made by an accused person is irrelevant in a
criminal proceeding, if the making of the confession appears to the Court to have
been caused by any inducement, threat or 2promise having reference to the charge
against the accused person, proceeding from a person in authority and sufficient, in
the opinion of the Court, to give the accused person grounds which would appear to
him reasonable for supposing that by making it he would gain any advantage or
avoid any evil of a temporal nature in reference to the proceedings against him.

25. Confession to police-officer not to be proved. –– No confession made to a

police-officer3, shall be proved as against a person accused of any offence.

26. Confession by accused while in custody of police not to be proved

against him. –– No confession made by any person whilst he is in the custody of a
police-officer, unless it be made in the immediate presence of a Magistrate, shall be
proved as against such person.
4[Explanation. –– In this section ―Magistrate‖ does not include the head of a village
discharging magisterial functions in the Presidency of Fort St. George 5*** or
elsewhere, unless such headman is a Magistrate exercising the powers of a
Magistrate under the Code of Criminal Procedure, 18826 (10 of 1882).]

27. How much of information received from accused may be proved. ––

Provided that, when any fact is deposed to as discovered inconsequence of
information received from a person accused of any offence, in the custody of a
police-officer, so much of such information, whether it amounts to a confession or
not, as relates distinctly to the fact thereby discovered, may be proved.

45. Opinions of experts. –– When the Court has to form an opinion upon a point
of foreign law or of science, or art, or as to identity of handwriting, 2[or finger
impressions], the opinions upon that point of persons specially skilled in such
foreign law, science or art, 3[or in questions as to identity of handwriting] 2[or
finger impressions] are relevant facts. Such persons are called experts. Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is
supposed to have died, are relevant.

(b) The question is, whether A, at the time of doing a certain act, was, by reason of
unsoundness of mind, incapable of knowing the nature of the act, or that he was
doing what was either wrong or contrary to law. The opinions of experts upon the
question whether the symptoms exhibited by A commonly show unsoundness of
mind, and whether such unsoundness of mind usually renders persons incapable of
knowing the nature of the acts which they do, or of knowing that what they do is
either wrong or contrary to law, are relevant. (c) The question is, whether a certain
document was written by A. Another document is produced which is proved or
admitted to have been written by A. The opinions of experts on the question
whether the two documents were written by the same person or by different
persons, are relevant.

1[45A. Opinion of Examiner of Electronic Evidence.— When in a proceeding,

the court has to form an opinion on any matter relating to any information
transmitted or stored in any computer resource or any other electronic or digital
form, the opinion of the Examiner of Electronic Evidence referred to in section 79A
of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.
Explanation.—For the purposes of this section, an Examiner of Electronic Evidence
shall be an expert.]