the Name of Allah, the Gracious the Merciful

The Criminal Procedure Act, 1991
Part I

Preliminary Provisions

Title and commencement

1. This Act may be cited as the, “Criminal Procedur e Act, 1991,” and
shall come into force, after one month, of the date of publication
in the Gazette.

Repeal
2. The Criminal Procedure Act, 1983, shall be repea led.

Application
3. The provisions of this Act shall apply to the pr ocedure of the
criminal suit, inquiry, arrest, trial and sanction, relating to the
offences, provided for in the Criminal Act, 1991, o r any other law,
subject to such special procedure, as may be provid ed for in any
other law.

Principles to be regarded
4. In the application of the provisions of this Act , due regard shall
be had to the following principles :- (a) prevention of offences is a duty of all;
(b) no incrimination or sanction is made, save by a n
antecedent legislative provision;
(c) an accused is presumed innocent until his convi ction is
proved , and he is entitled to be subject to fair a nd
prompt inquiry and trial;
(d) the life and property of the accused is inviola ble, he
shall neither be forced to incriminate himself, nor shall
he be required to take the oath, save in otherwise than
hudud offences to which a private right of a third party
relates;
(e) prejudice to witnesses, in any way, is prohibit ed;
(f) due regard shall, as far as possible, be had to lenity in
the procedure of inquiry, summons, and exercise of the
powers of arrest shall not be resorted to save wher e
necessary;
(f) the Criminal Prosecution Attorneys Burea is the
guardian of a victim who has no next of kin;
(g) a private injury, resulting form the offence sh all be
compensated;
(h) conciliation or pardon may be made in every off ence
involving a private right, to the extent of such ri ght,
subject to the provisions of hudud offences;
(i) Arabic shall be used in all criminal proced ure. Another
language may be used upon necessity.

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Interpretation
5. In this Act, unless the context otherwise requir es, :-
“People’s administrator”, means the person who ass umes
chairmanship in any native,
people’s or local administration,
having the function of preserving
security and order;
“Inquiry”, includes all the procedure adopted, before trial, for the
detection of the facts relating to
the criminal suit;
“Preliminary inquiry”, means the inquiry which take s
place, before the initiation of the
criminal suit for ascertaining the
truth as to suspicion of an
offence;
“Charge”, means accusation of the commission of an offence, and
includes any of the heads of a
compound charge;
“Limits of jurisdiction”, mean the local limits, wi thin which
any criminal organ exercises its
powers in the ordinary conditions;
“Criminal suit”, means launching criminal proceedings, against any person,
by reason of commission, by him,
of an act, which may constitute an
offence,
“Suspicion”, means the suspicion of commission of an offence, before
preferring to charge,
“Policeman”, means any of the members of the police of any rank, or whoever
may be charged with the duties
thereof,
“Complaint”, means an oral, or written allegation, presented by a person,
against whom or within the limits
of whose responsibility, the
offence has been committed;
“Officer in charge”, includes any policeman for the
time being in charge of the police
station;
“Initiation of the criminal suit”, means recording the criminal suit
and commencement of inquiry
therein;
“Magistrate”, means any Magistrate, in any competent criminal court;

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“Inquiror”, means the person charged with
the enumeration, recording, and
arrangement of particulars and
executing the procedure and
directions relating to inquiry;
“Court”, means the criminal court, set forth this Act, and established in
accordance with the provisions of
the Judiciary Act, 1986, or any
other law;
“Prosecution Attorneys Burau” means the Prosecution Attorneys
Bureau, established, in
accordance with the provisions of
this Act, and the Attorney-General
Act, 1983;
“Prosecution Attorney”, means the legal counsel, ch arged
with the Attorneys Bureau, and
exercise of the powers of the
Attorney-General in criminal
affairs;
“Superior Prosecution Attorney”, means the Prosecut ion Attorney
of the suprior post in the state ,
and where not available, the
president of the Prosecution
Attorneys Bureau in the state.

Part II
Criminal Organs and the Powers Thereof

Chapter I

Criminal Courts and the Powers Thereof

Types of criminal courts

6. Criminal courts shall be of the following eight types :-
(a) the Supreme Court;
(b) Court of Appeal;
(c) General Criminal Court (Province Court);
(d) First Criminal Court (District Court);
(e) Second Criminal Court (District Court);
(f) Third Criminal Court (District Court);
(g) People’s Criminal Court (Town or Rural Court);
(h) any special criminal court, established by the Chief
Justice, under the Judiciary Act, 1986, or any othe r law.

Powers of Criminal Courts and Magistrates

7.(1) Criminal Courts shall have the power to deter mine criminal suits.
(2) Magistrates of Criminal Courts shall, as to inq uiry, have the
following powers, to :- (a) take confessions;

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(b) renew remand in custody, for more than three da ys;
(c) conduct general search;
(d) exercise all the powers of the Prosecution Atto rney, in
case of his absence, from the limits of jurisdictio n
concerned, until the Criminal Prosecution Bureau de cides
to assume inquiry in the criminal suit, or jurisdic tion.

Power of supervision of Magistrates in inquiry
8. The power of supervision of Magistrates, in inqu iry, shall be to :-
(a) the president of the Court of Appeal, over the
Magistrates, in the Courts which lie within the lim its of
his jurisdiction;
(b) the General Criminal Court Magistrate, over Mag istrates
of the 1
st. , 2 nd. and 3 rd. . Criminal Courts, which lie
within the limits of his jurisdiction;
(c) the 1
st. Criminal Court Magistrate, over the People’s
Criminal Courts, which lie within the limits of his
jurisdiction;
(d) as the Chief Justice, or the law may prescribe, in respect
of the Magistrates of Special Criminal Courts.

Powers of the General Criminal Court
9.(1) The General Criminal Court may inflict any pe nalty, or sanction
provided for by the law.
(2) Each Court of a Judge of the Supreme Court, or the Court of
Appeal shall have the power of the General Criminal Court.

Powers of the 1st. Criminal Court

10.(1) The 1 St. Criminal Court, unless it considers the criminal s uit
summarily, may inflict any penalty, or sanction pro vided for by the
law, other than death.
(2) The 1
st. Criminal Court, where it considers the criminal sui t
summarily, may inflict any of the following penalti es and
sanctions :- (a) imprisonment, for a term, not exceeding one yea r;
(b) fine, not exceeding the amount, specified there for, by the
Chief Justice;
(c) whipping, not exceeding eighty lashes;
(d) destruction;
(e) compensation and care and reform measures.

Powers of the 2
nd. Criminal Court
11.(1) The 2 nd. Criminal Court, unless it considers the criminal s uit
summarily, may inflict any of the following penalt ies and
sanctions :- (a) imprisonment, for a term, not exceeding seven years;

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(b) fine, not exceeding the amount, specified there for, by the
Chief Justice;
(c) whipping;
(d) confiscation;
(e) destruction;
(f) closure of the place;
(g) compensation and care and reform measures.
(2) The 2
nd. Criminal Court, where it considers the criminal su it
summarily, may inflict any of the following penalti es and
sanctions :- (a) imprisonment, for a term, not exceeding six mon ths;
(b) fine, not exceeding the amount, specified there for, by the
Chief Justice;
(c) whipping, not exceeding forty lashes;
(d) destruction;
(e) compensation and care and reform measures.
Powers of the 3
rd. Criminal Court
12. The 3 rd. Criminal Court shall not consider criminal suits, save
summarily, and may inflict any of the following san ctions :-
(a) imprisonment, for a term, not exceeding four mo nths;
(b) fine, not exceeding the amount, specified there for, by
the Chief Jurtice;
(c) whipping, not exceeding forty lashes;
(d) destruction;
(e) compensation and care and reform measures .

Powers of the People’s Criminal Court

13. The People’s Criminal Court shall have the powe rs prescribed for
the 1
st. , 2 nd. or 3 rd. Criminal Court, in accordance with the warrant
of establishment thereof.
Powers of the Special Criminal Court

14. The Special Criminal Court shall have the power s specified by
the law, or the warrant of establishment thereof.
Temporary judicial powers

15. The Chief Justice may grant, temporarily, the p owers of a criminal
court, to any public servant, or any such person, a s he may deem
qualified, for the exercise of judicial business, s ubject to the
provisions of the Judiciary Act, 1986.
Powers of the Court to inflict a number of sanction s

16.(1) The Court may inflict a number of the sancti ons, which it is
empowered to inflict, upon any person convicted, in one trial, or
two, or more offences, subject to the provisions of section 33(5),
of the Criminal Act, 1991.
(2) In case of imprisonment sentence, in accordance with the
provisions of sub-section (1), the penalties shall concurrently
run, unless the Court decides otherwise.

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Chapter II
The Prosecution Attorneys Bureau and Powers thereof

Formation of the Criminal Prosecution Bureau

17.(1) The Criminal Prosecution Bureau shall consis t of :-
(a) the Minister of Justice;
(b) the Prosecution Attorneys.
(2) Each of the Under-Secretary of the Ministry of Justice, the
Prosecutor-General and the head of the Prosecution Attorneys
Bureau, in the state, shall be an ex-officio Prosec ution Attorney.

Establishment and organization of

Prosecution Attorneys Bureaux

18.(1) Prosecution Attorneys Bureaux shall be esta blished, by warrants
of establishment, to be made by the Minister of Jus tice. He shall
specify the extent of venue of jurisdiction thereof , and may
establish specialized Prosecution Attorneys Bureaux , for any of
the types of offences .
(2) The Minister of Justice shall make such regulat ions, as may
organize the work of Prosecution Attorneys Bureaux, lay down the
structures thereof, the grades of members of the sa me and their
relations.

Powers of the Criminal Prosecution
Bureau to supervise the criminal suit

19. The Criminal Prosecution Bureau shall have the power to
supervise the progress of the criminal suit, and di rect the inquiry,
and likewise shall have the function to prefer the charge, and
exercise prosecution, before the criminal courts .

Powers of the Prosecution Attorneys
Bureau granted

20. The Minister of Justice may grant powers of th e Prosecution
Attorneys Bureau, in inquiry, to any person, or com mission,
whenever he deems that the same is in achievement o f justice .

Confirmation and appeal of decisions of

the Prosecution Attorneys Bureau

21.(1) The Prosecution Attorney shall submit his de cision of dismissal
of the criminal suit to his direct superior. Where he confirms the
same, it shall be submited to the president of the Prosecution
Attorneys Buearu in the state.
(2) The decision of the Prosecution Attorney of ref using to initiate
the criminal suit, or of refusing preference of cha rge and his
decision of prefering the charge, or arrest, and se izure, which
restricts freedom, as to life, or property shall be appealable to his
direct superior.

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(3) The final decision of the Prosecution Attorneys Bureau, relating
to attachment of property shall be appealable to th e Judge of the
Court of Appeal.

Chapter III

The General Crimes Police , the Judicial Police and

the Prisons Police and the Powers thereof

Formation of the Police Forces

22. The Police Forces shall be formed, as to such m anner, as set out in
the Police Forces Act, 1999.

The Judicial Police
23.(1) The Minister of Interior, after consultation with the Chief justice,
shall allot a police force, for the Judiciary and s pecify the
personnel and ranks thereof.
(2) The Judicial Police shall have competence on th e following
matters, to :- (a) prepare for sittings ;
(b) control security and order in courts;
(c) execute such penalties, as may be assigned the reto by the
courts;
(d) execute such orders and directions, as may be p assed by
the courts;
(e) any other legal tasks, as may be assigned ther eto by the
Chief Justice.
(3) The Judicial Police shall exercise the function s thereof in sub-
section (2), under the command of the Chief Justice .

Functions of the General Crimes Police

24.(1) The General Crimes Police shall have the fol lowing criminal
functions, to :- (a) receive informations, in the offences provided for in
Schedule II , hereto ;
(b) conduct criminal inquiries, under the supervisi on and
directions of the Criminal Prosecution Bureau, or
Judges, as the case may be;
(c) execute the judicial judgements and orders, or any legal
judgements, or decisions, as may be passed by the
court, or the Prosecution Bureau, or any other
competent authority;
(d) perform the business of technical criminal rese arch;
(e) perform the business of prisons, care homes and
sanatoriums, and keep the security and care for the
inmates thereof;
(f) present criminal suits to criminal courts, in a ccordance
with the directions of the Prosecution Bureau;
(g) release, in the offences, provided for in Sched ule III,
hereto.

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Powers of the General Crimes Police
25. Subject to the provisions of sections 23 and 24 , and for the sake of
implementing the provisions of this Act, the Genera l Crimes Police
shall have the following powers , to :- (a) inquire, in accordance with the provisions of t his Act;
(b) arrest, in accordance with the provisions of th is Act;
(c) close public roads and places, in accordance wi th the
provisions of section 128;
(d) search, detect and seize, in accordance with th e
directions of the Prosecution Bureau, or Judges, as the
case may be;
(e) take bonds and securities, in accordance with t he
provisions of this Act;
(f) issue summons, in accordance with the provision s of
this Act;
(g) require aid from any person, to prevent the occ urrence
any offence, or detect the same.

Power of the officer in charge and superior officer
26.(1) The superior officer of Crimes Police, in a ny local limits of
jurisdiction, may exercise the same powers, as the officer in
charge of the police station may exercise in such l ocal limits.
(2) The officer in charge shall exercise the powers of supervision of
inquiry, in pursuance of the provisions of section 19, in case of
absence of the Presecution Attorney and the Judge, and may, in
the same, exercise their powers, relating to initia tion of the
criminal suitd, dismiss the same, prefer charge and powers of
detection . Absence of the Prosecution Attorney an d the Judge
means that no Prosecution Attorney, or Judge has be en
appointed in the first place, or that they are actu ally absent
temporarily, by reason of leave, illness or any oth er reason, and
no substitute has been appointed for any one of the m.

Powers of Prisons Police
27. Subject to the provisions, pertaining to the ex ecution of penalties
provided for in this Act, the Prisons Police shall have functions,
as to following matters :- (a) executing death, amputation, imprisonment sent ences and
any other penalty, the execution of which is entrus ted
thereto by the court;
(b) executing detention orders entrusted thereto by the court
or the Criminal Prosecution Bureau.

Inspection of prisons

28. The Magistrate or the Prosecution Attorney, as may be
competent, may enter the prison, inspect the same a nd get
acquainted with the conditions of the inmates.

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Chapter IV
Limits of Jurisdiction

Local jurisdiction

29.(1) Inquiries and trial, as to any offence, shal l be conducted before
the General Crimes Police, the Prosecution Attorney s Bureau or
the court, within whose limits of jurisdiction the offence has taken
place.
(2) An offence shall be deemed to have taken place within the limits
of jurisdiction, in any of the following caces :- (a) commission of the offence, wholly or partiall y, within the
limits of jurisdiction ;
(b) existence of a clear trace of the offence in a place inside
the limits of jurisdiction;
(c) the offence branching from a principal offence , committed
within the limits of jurisdiction;
(d) any person against whom, or any property with r espect to
which the offence has been committed being transfer red
by the offender, or by any other person, who knows the
offence, to the limits of jurisdiction;
(e) existence of the complainant, or the accused o r any
property, with respect to which the offence has bee n
committed in the limits of jurisdiction, whenever t he
competent Prosecution Attorneys Bureau deems the
same most appropriate that inquiry shall not be ret urned
to the limits of jurisdiction wherein the offence h as taken
place.
(3) Any Legal Counsel may exersie the powers of the Prosecution
Attorney, and any Magistrate may exercise the power s
entrusted to the Magistrate, as to inquiry, arrest and seizure, in
any place wherein he may be present, while the comp etent
Prosecution Attorney, or Magistrate is not present.

Powers of the Prosecution
Attorneys Bureau to transfer inquiry

30.(1) A Prosecution Attorney, whenever he takes co ngizance of any
offence, and deems it most appropriate in pursuance of the
orders, regulating jurisdiction, or distribution of work, to conduct
inquiry thereon, by any other Prosecution Attorneys Bureau, may
transfer the inquiry thereto.
(2) The president of the Prosecution Attorneys Bure au, in the state
or, the Prosector-General may issue an order transf ering any
inquiry from a Prosecution Attorneys Bureau, to ano ther, within
the limits of his jurisdiction, whenever he deems t hat there is
achievement of justice in the same.
(3) The Minister of Justice may transfer any inquir y from a
Prosecution Attorneys Bureau to another, within the Sudan,
whenever he deems that there is acheivement of just ice in the
same.

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Power of the court to
transfer criminal suits

31.(1) The court, whenever a criminal suit has been transferred thereto,
by the Prosecution Attorneys Bureau, and deems it m ost
appropriate, in pursuance of the orders, regulating jurisdiction, or
distribution of work, that trial is to be assumed b y another court,
may transfer the criminal suit thereto.
(2) The president of the Court of Appeal, or Magist rate of the General
Criminal Court, may issue an order transfering any criminal suit
from one court to another, within the limits of his jusisdiction,
whenever he deems that there is achievement of just ice in the
same.
(3) The Chief Justice may transfer any criminal sui t, from one court
to another, within the Sudan, whenever he deems tha t there is
achievement of justice in the same.

Proceedings not void by reason
of lack of jurisdiction

32. No criminal proceedings adopted, before a Prose cution Attorneys
Bureau, or a court, shall be invalidated, for the f act that, in
accordance with the rules, set forth in this Chapte r, it should have
been adopted by another Prosecution Attorneys Burea u, or court,
whenever the same has been adopted in good faith.

Part III

The Criminal Suit and Inquiry Therein

Chapter I

The Criminal Suit

Initiation of the criminal suit

33. The criminal suit shall be intitiated, upon tak ing cognizance by the
Geneal Crimines Police, or the Prosecution Attorne y, or upon
such information, or complaint, as may be presented to either of
them.

The right to present information and complaint
34.(1) Information shall be presented, by any perso n entrusted with
preserving security and public order; or any person , as to
offences to which a public right relates.
(2) A complaint shall be presented by the person, a gainst whom, or
within whose responsibility the offence has been co mmitted, or by
whoever deputises for him. Where the person, agains t whom the
offence has been committed is a child, or suffering from mental
infirmity, his guardian may present the complaint, on his behalf.

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Initiation of the criminal suit restricted
35. No criminal suit shall be initiated :-
(a) by the General Crimes Police, save upon permiss ion
from the Prosecution Attorney :-
(i) in offences, wherein no arrest without warrant
shall be made;
(ii) in offences relating to a public servant;
(b) save upon permission of the competent body, whe re the
same is from the following offences :-
(i) in breach of the conduct of justce, save upon permission of the court;
(ii) which are compoundable, save from the propriet or
of the right, or whoever deputizes therefor;
(iii) wherein any law provides for the requirement of
permission from such body , as the law may specify;
(c) against any person enjoying procedural, or subs tantive
immunity, save in accordance with the provisions of
such law, as may provide therefor.

Private relinquishment
36.(1) An injured, or interested party, or his guar dian, where he is a
child, or suffering from mental infirmity, may reli nquish his private
right in the criminal suit, by pardon, or concilati on at any time
before passing a final judgement therein, without p rejudice to the
public right.
(2) An injured party, or his guardian may relinquis h the criminal suit,
in case of the offences entered on Schedule I, here to; on
condition that the injury is confined to him.
(3) The Criminal Prosecution Bureau shall stand in the place of the
injured, or interested party whenever the same is i nconsistent
with the interest of his guardian.

Lapse of the criminal suit
37.(1) The criminal suit shall lapse for any of the following reasons :-
(a) the issue of a decision ending the same, by t he
Prosecution Attorney, or the court, by reason of th e death
of the accused, or upon private relinquishment of t he
criminal suit;
(b) passing a final judgement therein of acquittal, or
conviction;
(c) passing a grounded decision by the Prosecution
Attorneys Bureau refusing preference of charge, or
dismissal of the criminal suit;
(d) passing a grounded decision, by the Minister of Justice
staying the criminal suit;
(e) passing a decision by the Court dismissing the criminal
suit;
(f) passing a decision by the Head of State of gene ral
amnesty, which includes the criminal suit.

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(2) Where the criminal suit lapses, for any of the reasons
mentioned in sub-section (1), no other criminal sui t based,
upon the same facts shall be initiated, save in cas e of non-
preference of charge, or dismissal of the criminal suit.

Period of limitation of the criminal suit
38.(1) No criminal suit shall be initiated in offen ces having ta’zir
penalties, where the period of limitation has elaps ed,
commencing from the date of occurrence of the offence,
namely :- (a) ten years, in any offence, the commission of w hich is
punishable with death, or imprisonment for ten year s, or
more ;
(b) five years, in any offence, the commission of which is
punishable with imprisonment for more than one year ;
(c) two years, in any other offence.
(2) The running of the limitation period shall cea se, whenever the
criminal suit is initiated .

Chapter II

Inquiry

Branch I

General Provisions

Assumption of inquiry

39.(1) Inquiry shall be by the General Crimes Polic e, under the
supervision and directions of the Prosecution Bure au, in
accordance with the provisions of this Act.
(2) The Prosecution Attorney may exercise inquiry, or complete the
same, by himself, where necessity requires that, an d he may, in
the same, exercise the functions and powers of the inquiror.

Stepping aside from assuming inquiry
40. No officer in charge, or Prosecution Attorney s hall assume inquiry,
in any criminal suit, to which he is party, or he h as a private
interest.
Record of inquiry
41. Inquiry shall be in writing. It may, upon the a pproval of the
Prosecution Attorneys Bureau, be recorded or photog raphed, by
any means; provided that the same shall have a writ ten summary.

Contents of record of inquiry
42. The record of inquiry shall contain the fo llowing :-
(a) any preliminary inquiries;
(b) statements of the informant, or complainant;
(c) statements of witnesses;
(d) statements of the accused;
(e) any reports, relating to the criminal suit su bject of
inquiry;

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(f) the decision of preference of charge;
(g) any proceedings, to be taken in the inquiry;
(h) any decision of the Prosecution Attorneys Burea u, as to
dismissal of the criminal suit;
(i) summary of the inquiry and the decision of co mmittal for
trial.

Influence of inquiry prohibited
43.(1) A person, who delivers his statements in inq uiry shall not be
bound to take the oath; provided that the oath may be
administered to whoever presents information, or co mplaint.
(2) No inquiry authorities, or other person, shall influence any party
to the inquiry, by enticement, coercion or hurt, to force him to
deliver, or omit to deliver any statements or infor mation.

Branch II
Procedure of Initiating

The Criminal Suit

Initiating the criminal suit before the Police In o ffences

wherein no arrest without warrant may be made

44.(1) Where any information is available to the of ficer in charge, as may
cause him to suspect the commission of an offence, wherein
arrest without warrant may be made, he shall intiat e the criminal
suit.
(2) Where information, or complaint is presented to the officer in
charge, about facts indicating the commission of an offence,
wherein arrest without warrant may be made, he may conduct, a
preliminary inquiry, to ascertain the facts, or sup icion, or initiate
the criminal suit. Where the officer in charge is s atisfied that the
facts of the information, or complaint are not corr ect, or do not
constitute suspicion of an offence, he may refuse t o initiate the
criminal suit; provided that he shall inform the in format, or
complainant of his right to submit the matter to th e Prosecution
Attorneys Bureau.
(3) Where the officer in charge decides to initiate the criminal suit, he
shall record a summary of the criminal suit and the preliminary
inquiry, in the inquiry record, and read it over, t o the informat, or
complainant, in order sign the same.

Initiating criminal suit before the Police In offen ces
wherein no arrest without warrant may be made

45.(1) Where any information is available to the of ficer in charge, or
information, or a complaint is presented to him, as may cause him
to suspect the commission of an offence, wherein no arrest
without warrant may be made, he shall record a summ ary of the
same in a report, and transfer it, toghether with t he informant, or
the complainant, to the Prosecution Attorneys Burea u, to take
such decision, as it may deem fit. Where he refuses recording the
report and the transfer, he shall inform the inform ant, or

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complainant of his right to submit the matter to t he Prosecution
Attorneys Bureau.
(2) The officer in charge may, in the case mentione d in sub-section
(1), initiate the criminal suit and take the immedi ate inquiry
proceedings, with the exception of arrest, where it appears to him
from the circumistances that delay in inquiry will result in a
serious prejudice to the administration of justice; provided that
he shall send a report, on the same, to the Prosecu tion Attorney,
within twenty four hours, showing the reasons which led him to
take such procedure.

Submission of the record of inquiry
46.(1) The officer in charge, after recording the c riminal suit, shall
submit the record of inquiry, through the superior officer, if any,
to the Prosecution Attorney.
(2) The superior officer may make such instructions , as he may
deem appropriate, to the officer in charge, togethe r with
recording the same in the record of inquiry.

Initiating the criminal suit

47. Where any information is available to the Prose cution Attorney,
as may cause him to suspect the commission of an of fence, or
information, or complaint is presented thereto, abo ut facts
indicating the commission of an offence, he may con duct a
preliminary inquiry, to ascertain the facts of susp icion, or
administer the oath to the informant, or the compla inant. Where
he is satisfied with the truth of the facts, or sus picion, he shall
order the officer in charge to initiate the crimina l suit record, and
register the same.

Branch III
Procedure of Inquiry in Particular Cases

Immediate inquiry procedure

48.(1) The officer in charge, after submission of t he record of inquiry,
shall, where the nature of the offence so requires, take the
following immidiate procedure to :- (a) forthwith proceed to the place of the facts t o inquire
therein;
(b) take the necessary steps for search and arrest of the
suspect;
(c) where the offence relates to death, or grevious hurt, take
the necessary steps to call the competent physician , to
examine the body, or the injured person, or transpo rt the
body, or injured person to the nearst hospital, whe re
necessity so requires, and to inform the next of ki n of the
deceased, or injured person, and record any stateme nts on
their part in the record of inquiry.

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(2) No body, to which inquiry relates, shall be bur ried without
licence, from the Prosecution Attorney, unless utmo st
necessity requires the same.

Medical examination of suspect
49. Where a person is arrested, upon suspicion of h aving a relation to
an offence, the Prosecution Attorney, or the office r in charge may
send him for medical examination by a physician, or medical
assistant, whenever the same is necessary for ascer tainment of
commission of the offence.

Taking fingerprints and photographs
50. Fingerprints and photographs may be taken of a ny person, or any
thing, where the same is necessary for the purposes of inquiry.

Death in certain circumstances

51.(1) Where particulars, or information are receiv ed, as to finding a
body of a human being, or the commission of suicide by a person,
or his death in an accident, the officer in charge, even though he
has no reason to suspect the commission of an offen ce, shall
write a report of the particulars and present the s ame to the
Prosecution Attorney, and forthwith proceed to the place of the
body, and inquire , as to the cause of the death , in accordance
with the procedure of inquiry in offences relating to death.
(2) The officer in charge, upon completion of inqui ry, shall present
his report to the Prosecution Attorneys Bureau.
(3) The Prosecution Attorney shall, whenever the gr ounds of inquiry
enable him as to the same, take a decision to prefe r charging, or
a grounded decision that death does not result in a charge. He
shall, in this case, submit his decision, accompani ed by the
inquiry report, to the president of the Prosecution Attorneys
Bureau in the state.

Inquiry by the People’s administrator as to death
52. Where particulars, or information are received, by the People’s
administrator as to finding the body of a human bei ng, or the
commission of suicide by a person, or his death in an accident,
he shall immediately inform the officer in charge, and proceed to
the place of the accident, and conduct, in the pres ence of two, or
more witnesses, inquiry, in accordance with inquiry procedure in
offences relating to death, and lay down a report o n the inquiry
procedure, and the apparent cause of death, a descr iption of
wounds, fractures on the body, a statement of the c ondition , and
the surroundings thereof and mentioning any weapon, or
instrument which is apparently used to effect death and such
other information, relating to the death, as may ha ve been
discovered by him. He shall submit his report to th e officer in
charge and continue the inquiry until the same is a ssumed by the
officer in charge.

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Branch IV

Functions and Powers of an Inquiror

Functions of an inquiror

53. An inquiror shall have the following functions, to :-
(a) conduct the preliminary inquiry, and initiate t he criminal
suit, or recommend initiation of the criminal suit ;
(b) record and keep the inquiry record;
(c) adopt the inquiry procedure;
(d) submit the record, during inquiry, to the compe tent
bodies, and recommend, to the same, any procedure;
(e) submit , immediatly upon completion of inquiry, to the
Prosecution Attorney, to summarise and submit the s ame,
to the court.

Powers of an inquiror
54. An inquiror, or a supervisor of inquiry shall h ave, in accordance
with the provisions of his Act , the following powe rs, to :-
(a) summon such person, as he may deem to have a connection with the criminal suit;
(b) take the statements of the informant , or the complainant, the suspect, the accused, the witnesse s
and any other person having a connection with the
criminal suit, and examine him;
(c) arrest any suspect, or accused person, and con fine,
or release him;
(d) refer for medical examination, take finger prin ts and
photographs and conduct such technical and
technological measures, as the inquiry may require,
and assign any competent person to do the same;
(e)adopt detection procedure.

Branch V

Powers of the Prosecution Attorneys Bureau

Direction, exercise and perusal

of the record of inquiry

55.(1) The Prosecution Attorney shall have the righ t of supervision of
inquiry and direction of the inquiror, through the officer in charge,
and the issue of any directions, as may relate to t he progress of
the criminal suit.
(2) The officer in charge shall inform the Prosecut ion Attorney of the
progress of inquiry, and submit the record, to him, as to such
directions, as may be issued thereto, with respect to inquiry.
(3) The Minister of Justice, and any higher legal c ounsel at the
Criminal Prosecution Bureau shall have the right to require, at any

17
time during inquiry, the record to be placed before him, and issue
any directions with respect thereto.

Preference of charge
56.(1) The Prosecution Attorney, after initiation o f the criminal suit, and
hearing of the suspect, where possible, and immedia tely after the
availability of such preliminary evidence, as may b e sufficient to
be a basis for prosecution, as to appearances, shal l decide to
prefer to charge the person concerned of the offenc e, and record
the same on the record of inquiry, and inform the a ccused
personally, where he is present, of the charge, and of his right to
appeal, against the decision.
(2) Where the decision of preference of charge is a ppealed, the
inquiror shall cease the inquiry procedure, save su ch as the
delay of which may result in a serious prejudice to the
administration of justice. Where the decision is co nfirmed, the
inquiry shall be resumed, and where the decision is quashed, the
same shall be deemed to be dismissal of the crimina l suit.

Dismissal of charge
57. The Prosecution Attorney, at any time, after pr efernce of charge,
may where it transpires that there are no sufficien t grounds for
continuation of the criminal suit, decide to dismis s the same, and
record a grounded decision thereof, and issue an o rder to
release any accused, and dispose of any attached pr operty, in
accordance with the provisions of the law; provided that he shall
submit his decision to the superior Prosecution Att orney.

Branch VI
The Criminal Prosecution Bureau Power of

Staying the Criminal Suit and Tender of Pardon

Stay of criminal suit

58.(1) The Minister of Justice, at any time, after completion of inquiry,
and before passing the preliminary judgement, in th e criminal
suit, may take a grounded decision, in his own hand , to stay the
criminal suit , against any accused; and his decisi on shall be final,
and shall not be contested. The court shall thereup on stay the
proceedings, and pass the orders necessary for term inating the
criminal suit.
(2) No decision shall be issued, in accordance with sub-section (1),
in the criminal suits, relating to hudud and retrib ution offences,
or the offences, in which the criminal suit may be compounded.
(3) The Minister of Justice, or whoever may represe nt him, may
require perusal of the record of trial, to consider exercise
thereby, of his power to stay the criminal suit, an d the court shall
thereupon stay proceeding with the trial, pending t he issue of the
decision of the Minister of Justice .

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Tender of pardon

59.(1) The Superior Prosecution Attorney, in order to obtain the
testimony of a person, accused with others, of an o ffence having
ta’zir penalty, in which he has no major role, may take a grounded
decision, before trial, to tender pardon to the acc used concerned;
on condition that the accused shall disclose the wh ole of such
facts and circumstances, relating to such offence, and about any
other person, who has relation thereto, as he has k nowledge
thereof.

(2) The said accused shall be examined, as a wi tness, at the trial, and
shall also be examined, addressed and tried thereat , as an
accused. Where a decision of his conviction, and in flicting a
penalty thereon, has been passed, the court shall a scertain, in a
separate sitting , his compliance with all the cond itions, upon
which pardon has been tendered. Where it has been p roved that
he has complied, it shall pass an order of acquitta l. Where it has
been proved that he has not complied, by concealing an essential
matter, or adducing false testimony, it shall pass an order of
executing the sentence passed.

Branch VII

Power of the Magistrate to

Receive Admissions

60.(1) Where any accused admits, during inquiry, an d accepts trial, as to
committing the offence, subject of inquiry, the inq uiror shall take
him, to the Magistrate, to take his admission, and record the
same, on to the Case Diary.
(2) The Magistrate shall ascertain that the acc used admits voluntarily,
and shall record the admission, in the presence of the accused,
and read the same , to him, and require him, to sig n it. Where the
accused refuses to sign, the Magistrate shall enter the refusal
into the Case Diary, and sign the admission himsel f.

Part IV
Summons, Detection and Security

Chapter I

Summonses

Summons

61. The General Crimes Police, of their own accord, or upon the
order of the Prosecution Attorneys Bureau, or the c ourt may
summon any person, to appear, to present himself, o r to produce
any document, or other thing, whenever the same is necessary,
for the purposes of inquiry, trial or execution of any order issued
by the Prosecution Attorneys Bureau, or the court .

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Manner of service of summons
62.(1) Summons shall be served by delivering, to th e person summoned,
one of the duplicates of the summons; and the perso n summoned
shall sign the other duplicate, whenever required s o to do.
(2) Where the person is present, before the General Crimes Police,
Prosecution Attorneys Bureau or the court, any of t hem may ordr
him to attend at a particular time and place; provi ded that the same
shall be recorded on the record.

Person not found
63.(1) Where the necessary search, for the summoned person, does not
lead to finding him, the summons may be served by l eaving one
of the duplicates to the said person, with any adul t person of the
members of his family; and the receiving person sha ll sign the
other duplicate , whenever required so to do. Servi ce may also be
made by affixing one of the duplicates, to a consp icuous place
where the summoned person resides .
(2) Where the place of the summoned person is unkno wn, the
Prosecution Attorney, or the Magistrate may publis h a
proclamation, by the appropriate mass media, requir ing therein
the person to appear at a particular time and place , within a
reasonable period, of the date of publishing the pr oclamation.

Service on corporate personality and associations
64. Summons of a corporate personality and associat ions shall be
served by delivery of one of the duplicates of the summons, to the
manager, the secretary or any responsible official, at any of the
offices thereof.

Service of summons outside the limits of jurisdicti on
65.(1) Where the condition requires service of summ ons outside the
local limits of jurisdiction of the Police, the Pro secution Attorneys
Bureau, or court, the summons shall be sent in dupl icate to the
body, within the limits of jurisdiction of whom the summoned
person is found, to be served there.
(2) Where the summoned person is not found in the S udan, the
Prosecution Attorney, or Magistrate may serve summo ns on
him by any of the following ways :- (a) delivery of the summons through the Sudanese E mbassy,
or Consulate, in the country where he resides;
(b) affixing the summons on the notice board of the
Sudanese Embassy, or Consulate, in the country wher e
he resides;
(c) publication in newspapers and the appropriate mass
media;
(d) notifying the embassy or consulate of the state , to which
he belongs, in the Sudan.

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Duplicates of the summons

66.(1) Summons shall be written in duplicate , cont ain the reason for
summons, the place and time of appearance, and be s igned and
sealed by the Policeman, Prosecution Attorney or Ma gistrate, as
the case may be .
(2) Summons shall be served by a Policeman, or any competent
official .

Chapter II
Seizure of Persons and Places

Branch I

Arrest

Arrest by the Prosecution Attorney, or Magistrate

67. The Prosecution Attorney, or Magistrate may arr est, or issue a
warrant for the arrest of any person :- (a) who commits, in his presence, an act which may
constitute an offence, or against whom a suit for
commission of an offence has been instituted;
(b) who contravenes any summons, bond or bail execu ted by
him, under the provisions of this Act;
(c) the order of whose release has been revoked.

Other cases of arrest
68.(1) The Policeman, or any other person, to whom an arrest warrant
has been issued, by the Prosecution Attorney, or th e Judge, shall
arrest the person concerned .
(2) The Policeman, or People’s administrator may ar rest, without
warrant, any person :- (a) suspected, or accused of committing an offence , in which
arrest without warrant may be made , in accordance with
Schedule II, hereto;
(b) found in suspicious circumstances, and does not present
reasonable grounds for his presence, or is unable t o give
satisfactory particulars in such circumstances;
(c) found in his possession property, suspected to be
stolen, reasonable grounds suspected for reasonable
grounds to have committed an offence relating to, o r
thereby; provided that he shall inform the Prosecut ion
Attorney forthwith of the same;
(d) who has breached his bond executed under the provisions of sections 118 and 120 , hereof;
(e) who commits, in his presence, or is accused o f
committing an offence of the offences, in which no arrest
without warrant may be made, where such person refu ses
to state his name, or address, when required so to do, or
gives a name, or address he believes is not true; p rovided

21
that he shall be released forthwith giving the true name
and address;
(f) who actually obstructs him in the course of d ischarge of
his duties;
(g) who escapes, or attempts to escape from legal c ustody.

Form and validity of arrest warrant

69.(1) An arrest warrant shall be in writing, and c ontain the reason for
arrest and particulars of the preferred charge, be signed and
sealed by the Prosecution Attorney, or Magistrate.
(2) An arrest warrant shall remain valid, until exe cuted, or revoked
by the body, who issued the same.

Bodies to whom arrest warrant is directed

70.(1) An arrest warrant shall be directed, to any Policeman, or People’s
administrator; in case of necessity, the same may b e directed to
any other person.
(2) Any Policeman may execute the arrest warrant, d irected to any
other Policeman; provided that he shall endorse his name thereon.
(3) Where the arrest warrant is directed, to more t han one person, all,
or any one of them, may execute the same.

Public bound to help in arrest
71. Every person shall help the Policeman, Prosecut ion Attorney,
Magistrate or any other person empowered to arrest, where he
seeks reasonable help therefrom, to arrest any pers on, or prevent
his escape .

Substance of the arrest warrant notified

72. Whoever executes the arrest warrant shall notif y the person
required to be arrested of the substance of the war rant, and show
the same thereto.

Use of force upon opposition of arrest

73. Whoever is empowered to arrest any person may u se such force,
as may be necessary, for executing the arrest, whe re the person
opposes, or tries to escape; provided that death sh all not
intentionally be caused by use of such force, again st a person,
who is not accused of an offence, punishable with d eath, or
imprisonment, for a tern, exceeding seven years, or opposes
arrest, and uses an arm, or tool, the use of which is likely to
cause death, or grievious hurt.
Weapons with arrested persons seized
74 . Whoever effects arrest shall disarm the arres ted person of any
weapons, or dangerous tools found in his possession , and shall
bring all such weapons and tools to the police stat ion, the
Prosecution Attorneys Bureau or court, before which the arrested
person is required to be brought .

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Procedure after arrest
75.(1) Whoever executes the arrest warrant, shall f orthwith bring the
arrested person, before the Prosecution Attorney, o r Magistrate,
who issued the warrant, to take such measures, as h e may deem
fit.
(2) any person, other than Policemen, Prosecution A ttorneys or
Magistrates, who effects arrest shall forthwith del iver the arrested
person, to the nearest Policeman. Where it transpi res that the
arrested person is one of those who may be arrested by the
Police, without warrant, the Policeman shall record the same on
the register of arrests, and take the necessary pro cedure, or else
he shall forthwith be released .
(3) Where the arrest warrant contains the possibili ty of release of the
arrested person, on condition of executing a bond o f appearance,
whoever executes the warrant shall release him, whe rever he
satisfies the said conditions.

Execution of arrest outside the limits of jurisdic tion
76.(1) An arrest warrant shall be executed, in any place inside the
Sudan, and a person required to be arrested may be pursued
outside the limits of jurisdiction. In such case, w hoever executes
arrest shall inform the competent General Crimes Po lice, and he
may take the arrested person directly to the autho rity, which
issued the warrant.
(2) Where circumstances require the execution of th e arrest warrant
outside the limits of jurisdiction , the same may b e sent, by any
way, to the Prosecution Attorney , or Magistrate, f or executing it
within the limits of his jurisdiction .
(3) Where an arrest warrant has been sent outside t he limits of
jurisdiction, the arrested person shall be brought, before the
Prosecution Attorney, within the limits of whose ju risdiction the
warrant has been executed. Where he identifies the arrested
person, he shall :- (a) take bond, by the arrested person, for appearan ce, and
send the same, to the authority, which issued the w arrant;
or
(b) order the removal of the arrested person, under custody
of the Police, to the authority, which issued the w arrant.

Prosecution Attorney or Magistrate
informed of cases of arrest

77. The officer in charge shall, within a maximum p eriod of twenty
four hours, inform the Prosecution Attorney, or Mag istrate of the
cases of arrest, which occur within the limits of t he jurisdiction
thereof.

Proclamation for absconding person published

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78.(1) Where the Superior Prosecution Attorney , or the Magistrate of the
General Criminal Court has reason to believe that t he person,
against whom the arrest warrant has been issued has absconded,
or is concealing himself, in order to evade executi on of the
warrant, he may publish a written proclamation, req uiring him
thereby to deliver himself, to the nearest police s tation, within a
period, not exceeding one week, of the date of publ ishing the
proclamation, and require thereby the public to hel p in arresting
him.
(2) The proclamation shall be published as follows :-
(a) it shall be broadcasted, or published through t he
appropriate mass media; or
(b) it shall be affixed to some conspicuous part of the house,
where he lives, or some conspicuous part of the tow n, or
village where he resides; or

(c) a copy thereof shall be affixed to some conspic uous part
of the Prosecution Attorneys Bureau, the court or t he
Sudanese Consulate, or Embassy in the country where he
resides.
Detention for inquiry

79.(1) A person arrested for inquiry, by the Police , may remain in
detention, for a period not exceeding twenty four h ours, for the
purposes of inquiry.
(2) The Prosecution Attorney, where the matter requ ires the same,
may renew detention of the arrested person, for a p eriod, not
exceeding three days, for the purposes of inquiry.
(3) The Magistrate, under the report of the Prosecu tion Attorney,
may order detention of the arrested person, for pur poses of
inquiry, every week, for a period, not exceeding, in total, two
weeks, and he shall record the reasons on the Cas e Diary.
(4) The Superior Magistrate, in case of the arreste d person, who is
charged, may order renewal of his detention, for th e purposes of
inquiry, every week; provided that the period of de tention shall
not, in total, exceed six months, save upon the app roval of the
competent Head of the Judicial Organ.
Detention for trial
80.(1) The court may order detention of the accused , for the purposes of
trial, and may renew his detention weekly, for a pe riod, not
exceeding, in total, one month.
(2) The Superior Magistrate may order monthly renew al of the
detention of the accused, who is under trial; provi ded that the
period of detention shall not, in total, exceed six months, save
upon the approval of the competent Head of Judicial Organ.

Daily inspection of custodies

24
81. The Prosecution Attorney shall daily inspect cu stodies, and
revise the arrests register, and verify the validit y of procedure
and abidance by treatment of the arrested persons, in
accordance with the law.

Arrests register
82. There shall be kept, at every police station, a n arrests register, in
accordance with the prescribed form, and the office r in charge
shall record thereon every case of arrest, within t he limits of his
jurisdiction.
Treatment of arrested persons
83.(1) An arrested person shall be treated in such way, as may preserve
the dignity of the human being; he shall not be hur t physically, or
mentally, and appropriate medical care shall be pro vided thereto .
(2) An arrested person shall not be subjected, as r estriction of his
freedom, to more than may be necessary for preventi ng his
escape.
(3) An arrested person shall have the right to cont act his advocate,
and the right to meet the Prosecution Attorney, or the Magistrate.
(4) An arrested person shall be placed into custody of the Police,
which assumes arrest, or inquiry, and he shall not be transferred,
or placed, in any other place, save upon the approv al of the
Prosecution Attorneys Bureau, or the court.
(5) An arrested person shall have the right to info rm his family, or
the body to which he belongs, and contact the same, upon the
approval of the Prosecution Attorneys Bureau, or th e court .
Where the arrested person is juvenile, or suffering from a mental
infirmity, or any disease, in such way, as he may n ot be able to
contact his family, or the body to which he belongs , the Criminal
Police, the Prosecution Attorneys Bureau or the cou rt shall, of its
own accord, notify the family, or the body concern ed.
(6) An arrested person shall have the right to obta in a reasonable
amount of food stuffs, clothing and cultural materi als, at his
own cost, subject to the conditions relating to sec urity and
public order.
(7) An arrested person shall abide by the rules of public morals, and
sound conduct; and any regulations organizing custo dies.

Branch II
Supervision and Prohibition

Police supervision

84. The Prosecution Attorney, or Magistrate , wh enever he may deem
that fit , may order placing the arrested person, u nder Police
supervision , instead of placing him in custody ; p rovided that he
shall show the same, to the arrested person, and th e reasons for
the objection thereof, if any, shall be recorded.

Travel prohibited

25
85. The Prosecution Attorney, or Magistrate, when ever he may deem
that necessary, for the purposes of inquiry, trial or execution, may
issue an order prohibiting travel, outside the loca l limits of
jurisdiction, save upon permission thereforom, by a ny person,
having connection with the criminal suit, subject o f inquiry, trial or
execution, as the case may be .

Branch III

Search

Power to issue search warrant

86.(1) The Prosecution Attorney, or the Magistrate, at any time, may of
his own accord, or upon the request of the compete nt body, in
any criminal suit, issue an order for conducting sp ecial search of
any place, or person, whenever he deems that the sa me helps in
the purposes of inquiry , trial or execution, as th e case may be.
(2) The Magistrate, at any time, may upon the reque st of the
competent body, may issue an order for conducting g eneral
search of any places, or persons, whenever he deems that the
same helps in the purposes of crime detection.

Form of search warrant

87. Search warrant of places shall be written and c ontain particulars
of the purpose of search, and the place to be searc hed, and
signed and sealed by the Prosecution Attorney, or t he Magistrate,
as the case may be.

Search in the presence of the

Prosecution Attorney or Magistrate

88. The Prosecution Attorney, or the Magistrate may order, in his
presence, conducting search of any place, or person , the search
warrant of whom he is competent to issue.
Personal search

89. The Policeman, who arrests any person, or recei ves an arrested
person, may conduct personal search, upon him, and seize all the
things found with him, and keep the same, in a safe place, write a
list thereof, and deliver a copy of the same, to th e arrested
person.
Entry for search

90. Whoever executes arrest may enter any place, he believes that
the person required to be arrested is inside the sa me, where he
has a warrant for his arrest, or where he pursues h im, in case of
arrest without warrant.

Use of force for entry

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91. A person permitted to enter to execute arrest, or search may
forcefully enter the place, and use appropriate for ce therefor,
where his request to be allowed to enter is refuse d.

Search of suspected person
92. Where a reasonable suspicion arises that any pe rson found in, or
near the place, which is under search, conceals a t hing of
whatever search is conducted therefor, such person may be
searched.

Search of women
93 Where the person intended to be searched is a wo man, the
person who is conducting the search shall depute a woman to
conduct the same.

Experts deputed to attend search

94. The Prosecution Attorney, or Magistrate, as the case may be, may
depute any expert, to attend search, to detect any evidence, or
perform any other work.

Safeguards of conducting search
95. Search shall be conducted, in accordance with t he following
safeguards :- (a) it shall be conducted, in the presence of two w itnesses, to
be summoned by the person executing the search warr ant.
They shall, as far as possible, be relatives of the accused,
or those who reside with him, in the house, or neig hbours.
The procedure shall be recorded, on the record, unl ess the
Prosecution Attorney, or the Magistrate, as the cas e may
be , orders otherwise, due to the urgent nature of search;
(b) the occupier of the place intended to be search ed, or
whoever may deputize therefor, shall be allowed to attend
search;
(c) papers, weapons, tools and all such as may hav e possibly
been used in committing the offence, or resulted fr om
commission thereof, or whatever the same may have b een
committed thereon, and all such, as may be benefici al in
detection thereof. Such seized things shall be show n, to
the suspected person , or accused, and required to
deliver his remarks, and a record of the same shall be
written , signed by the accused, or there is mentio ned
therein, his refusal to sign;
(d) seals shall be placed, upon the places, on whic h there are
traces, or things which are beneficial in crime det ection,
and custody of the same shall be established, whene ver
the same is necessary ;
(e) things and papers, which have been seized, duri ng search,
shall be placed, into a locked container;

27
(f) the person executing the search warrant shall i nstantly
prepare a list of the things seized, and the places wherein
the things have been found, signed by the witnesses , and a
copy thereof shall be delivered, to the occupier of the
place, or whoever deputizes therefor;
(g) seized things, and the lists thereof, shall be shown to the
Prosecution Attorney, or the Magistrate, as the cas e may
be, to take the necessary measure, with respect the reto;
(h) a copy of the papers , or documents authenticat ed, by
the Prosecution Attorney, may be given, to the pers on from
whom they have seized, where he has an urgent inter est
therein;
(i) seized things shall be kept in a safe place, an d entered into
the Case Diary, or record of proceedings;
(j) where search reveals an unlawfully detained per son,
whoever conducts the search shall forthwith bring h im,
before the Prosecution Attorney, to take such measu re, as
he may deem fit.

Chapter IIII

Seizure of Property and Things

Branch I

Attachment

Attachment of documents, property and things

96. The Prosecution Attorney, or the Magistrate, as the case may be,
may attach any document, property or any thing foun d during
search, or brought before him, or owned by any pers on, which
has relation to inquiry, trial or execution, whenev er he deems the
same necessary.

Attachment of property of absconding person

97. The Superior Prosecution Attorney, or the Magis trate of the
General Criminal Court, at any time, after publicat ion of the
proclamation, provided for in section 78, may order attachment of
any property belonging to the person, in respect of whom the
proclamation has been issued. Where the proclaimed person does
not appear, at the date specified in the proclamati on, the attached
property shall be under the disposal of the body, w hich issued the
attachment order , in accordance with the provision s of section
99.

Way of attachment

98. Attachment shall be executed by the way followe d in the Civil
Procedure Act, 1983, for attachment of property, or by any such
way, as the Prosecution Attorney, or the Magistrate , as the case
may be, may deem fit.

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Branch II
Disposal of Property and Things

Safeguards of disposal of property

99.(1) Where during inquiry, or trial, there has be en presented any
property with respect to which the offence is belie ved to have
been committed, the Prosecution Attorney, or the Ma gistrate,
shall take the necessary measures to classify such property .
(2) Harmful materials shall forthwith be destroyed, after taking
samples thereof, and specifying the quantities, wei ghts,
descriptions and harms thereof, by the competent te chnical
bodies.
(3) Property liable to natural decay, or to termina tion of validity,
shall be sold forthwith; likewise animals, where ke eping and care,
of the same, is not possible , or are feared to per ish.
(4) Where the Prosecution Attorney, or the Magistra te deems, upon
the request of the competent public authority, that it is fit to sell
any attached property, he may order sale of the sam e, and keep
the value thereof.
(5) Monetary property shall be kept in the treasury of the State, in
accordance with the financial regulations.
(6) Where the absconding person, whose property ha s been
attached , under section 97, does not appear, his a ttached
property may be sold, by the expiry of three months , of the date
of attachment.
(7) Where the absconding person, whose property has been
attached, under section 97, appears, within one yea r, of the date
of attachment, and his property is still under atta chment, and
delivers justification of his absence, or ignorance of the
proclamation, published in his respect, the propert y , or the price
of such, as has bee sold thereof, shall be delivere d thereto, after
deduction of expenses .
(8) The attached property, or the price thereof, sh all be a trust, with
the competent authority, which ordered attachment t hereof, and
shall be responsible for keeping the same, in the a pproppriate
manner, and the same shall not be disposed of, befo re the lapse
of the criminal suit; and in this case, the decisio n of lapse of the
criminal suit shall include the manner of disposal of the attached
property.

Procedure upon seizure of suspicious
or stolen property

100.(1) Any Policeman, who seizes any stolen proper ty, or property
found in circumstances, which lead to suspecion of the
commission of an offence, shall forthwith inform th e Prosecution
Attorney of the same.
(2) Where the person , who has right to the said property is
unknown, such property may be attached, and the Pro secution
Attorney thereupon, shall issue a sufficient procla mation, in the

29
public mass media, showing therein items of the pro perty, and
require whoever alleges right therein, to prove his suit, within
six months, of the date of publication of the procl amation.
(3) When the period of six months elapses, without any person
proving his right in the property, the Superior Pro secution
Attorney may sell the same, and deposit the value t hereof, as
trust in the treasury of the State.
(4) Where there comes later a person and proves h is right in the
property, the Superior Prosecution Attorney shall o rder delivery
of such property thereto, where the same is found, or its value,
after payment of expenses.

Disposal of property after lapse of the criminal su it

101.(1) Where the criminal suit elapses, the decision, or judgement of
lapse thereof shall include an order of the manner of disposal of
attached property, to be issued in accordance with the
provisions of this Act.
(2) Where the criminal suit elapses, by the end of trial, the order of
disposal of the attached property may be transferre d to the
superior Magistrate of the Criminal Court.
(3) In decisions and judgements, which may be subje ct of appeal,
the order of disposal of the attached property shal l not be
executed, save after the expiry of the period presc ribed for
appeal; provided that, in all cases, the Prosecutio n Attorneys
Bureau, or the court may issue an order of delivery of the
property, to the person it deems to have a right to receive the
same, where he executes a bond, with, or without fi nancial
security, whereby he binds himself to restore the p roperty, in
case of modification of the judgement .

Compensating the injured person
out of the attached property

102. Where the court orders compensating any injure d person, in the
criminal suit, it shall compensate him, out of any attached
property, belonging to the offender.

Order to destroy exhibits and harmful materials
103.(1) The Court, upon termination of trial, may o rder the destruction of
any exhibit, material or commodity, where the exist ence thereof
causes damage.
(2) The Magistrate himself shall assume supervision of destruction
of exhibits, and he may seek the help of any techni cal body.

Order to restore possession of immovable property
104.(1) Where any person is convicted of an offence connected with use
of criminal force, or intimidation, and the same ha s resulted in

30
deprival of any person of the possession of any imm ovable
property, the court may order restoration of the po ssession of
the immovable property, to such person, or to whoe ver may
have the right to possession.
(2) The said order shall not result in depriving th e person, against
whom the order has been issued, of his right, in an y civil suit,
relating to the property subject of the criminal su it.

Chapter IV
Release on Bail

Cases of release on bail

105. Release, on bail , of the arrested person sh all be as
follows :- (a) by the arrested person personally executing a b ond to
appear, with, or without an assessed financial secu rity;
(b) by another person executing a bail, to bring th e arrested
person, with, or without an assessed financial secu rity;
(c) by deposit, with bond, or bail.

Release in an offence punishable

with death, retribution or amputation

106.(1) An arrested person, in an offence punishabl e with death, or
amputation, as a hud, shall not be released; provid ed that the
Case Diary, or record of trial shall be submitted, to the
competent head of the Judicial Organ, whenever dete ntion
continues to six months, and he may order such as h e may deem
fit.
(2) The Prosecution Attorney, or the Magistrate, ma y release the
arrested person, upon bail, in retribution offences , where
release does not constitute a danger thereto, or co ntravention
of public security and tranquility, and the victim, or his
guardians consent, with , or without conditions.

Release on deposit

107.(1) No arrested person, in an offence relating to any public property,
or dishonourd cheque, shall be released, save upon deposit of
an amount of money, not less than the amount subjec t of the
criminal suit, or by presenting a secured cheque, o r letter of
credit.
(2) An arrested person, in an offence requiring dia , or
compensation, shall not be released, where there ha s arisen
against him a reasonable prima facie evidence, save upon the
deposit of an amount of money equal to such, as may be
adjudged against him by the court, or producing an insurance
policy, a secured cheque, letter of credit or an es tate mortgage,
or attachment.

Release in other offences

31
108.(1)Subject to the provisions of sections 106 an d 107, a person
arrested in any other offence, shall be released, w henever he
executes a bond, or presents a surety, unless the P rosecution
Attorney, or the Judge, of his own accord , or upon the
recommendation of the officer in charge , for reaso ns to be
recorded, deems that release of the arrested person may lead to
his escape, or prejudice the inquiry.
(2) The Police Station Chief may release the accused, in the offences
entisted in Schedule III, hereto, in case of absenc e of the
Prosecution Attorney, and the Judge, after the twen ty four hours
of arrest; provided that the inquiry record shall b e submitted, to
the Prosecution Attorney, or the Judge, as the case may be; and
the Prosecution Attorney, or the Judge may order re -arrest of the
accused, where he deems there is ground thereofor.
(3) The Police Station Chief shall not releas e any accused arrested,
or re-arrested by an order issued by the Prosecutio n Attorney, or
the Judge, or the order of anyone of them, renewing his
confinement.

Release of public servant

109. Deposit, or bail shall not be required for rel ease of a public
servant, who commits, in good faith, in the course of his
official work, such an act, as may constitute an of fence .

Conditions of bond

110.(1) The bond, executed by the arrested person, shall include a
declaration to execute the conditions of appearance which are
ordered by the Prosecution Attorneys Bureau, or cou rt and
specification of the amount of security, whenever r equired
thereof.
(2) Bail shall not be accepted, save from a known p erson, the
satisfaction and sufficiency of whom is trusted.
(3) The surety shall be bound to bring the arrested person,
whenever required of him, and shall, likewise, be b ound to pay
the assessed security, upon his failure.
(4) Regard, in assessment of the required security, shall be had to
the nature of the offence, the injury resulting the refrom and the
property the subject of the offence; and there shal l be no
exaggeration, in the assessment thereof.
(5) The Prosecution Attorney, or the Magistrate, sh all insure the
security, by requiring an estate mortgage, or attac hment, an
insurance policy or any other means of security, as he may
deem fit.

Bail of minor mandatory

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111. Where the arrested person is a minor, bond for appearance shall
not be accepted, and a surety shall be presented .

Discharge of surety
112.(1) A surety may request the Prosecution Attorn ey, or the
Magistrate, to revoke the bail, at any time.
(2) The Prosecution Attorney, or the Magistrate, sh all, upon request
of revocation of the bail, arrest the bailed person , and upon his
being brought, the bail shall be revoked; provided that he shall
require the bailed person to present another surety . Where he
fails so to do, the Prosecution Attorney, or Magist rate, may issue
the appropriate order in respect thereof.

Modification of the bond, bail or security

113. The Prosecution Attorney, or Magistrate, whene ver he deems the
same fit, may require the person released, on bond without
security, to present an appropriate security , or s urety, and may,
as well, require him to alter the surety, or the am ount of security.

Revocation of order of release
114. The Prosecution Attorney, or Magistrate, may, at any time, order
revocation of the order of release, and re-arrest w hoever has
been released, under the provisions of this Chapter ; provided
that the reasons of the same shall be recorded, an d the arrested
person shall be informed thereof.

Procedure upon breach of bond, or bail

115.(1) Where any breach of the bond, or bail has b een proved, to the
court, the aspects of proof of breach shall be reco rded, and the
court shall require, from whoever executed the bond , or bail, to
pay the assessed security, or to show the reason wh ich exempts
him from payment. Where he does not give sufficient reasons,
for exemption, and does not pay, the amount may be collected
from him, or from his estate, where he dies, by the ways
provided for in this Act for collection of fine.
(2) Where the person, who breaches the bond, or bai l, does not pay
the security, and the same could not be collected, the court may
impose the penalty of imprisonment, in lieu thereof .

Appeal of decisions and orders
116. Every decision, or order issued, under the pro visions of this
Chapter, shall be appealed, by the ways of appeal, set forth in this
Act.

Chapter V
Preventive Procedure

33
Branch I
Prevention of Crime

Duty to inform of offences and help

117.(1) Every Policeman, People’s administrator or person authorized by
law, shall keep security, and public order, and exe rt the utmost
of his effort, to prevent occurrence, or continuenc e of crime.
(2) Every person shall help the Police, the Prosec ution Attorney or
Magistrate, whenever help is required reasonably th ereof, to
abate any breach of the public peace, prevent any d amage, to
property, and avoid the occurrence of any offence, in which
force is used.
(3) Every person shall, as soon as possible, inform the nearest
Prosecution Attorney, Policeman or People’s adminis trator,
whenever he knows the danger of occurrences, or the
occurrence of an offence, where the same is of the offences
against the State, relating to the disciplined forc es, opposition
of the public authority, criminal and terrorist org anizations,
public safety and health, the offences of counterfe iting and
forgery, homicide of the types thereof, miscarriage , kidnapping
or abduction, unlawful confinement, haraba, or rob bery,
receiving stolen property or criminal mischief.

Power to issue precautionary orders

118.(1) Where report has been presented, to the Pro secution Attorneys
Bureau, or the court, that a person is likely to co mmit whatever
may disturb public peace, or tranquility, it may is sue summons
for such person.
(2) The Prosecution Attorneys Bureau, or the court, upon bringing
such person before it, shall forthwith interrogate him, and
conduct any such inquiries, as it may deem necessar y.
(3) Where it transpires, from inquiry, that it is probable for keeping
public peace and tranquitity, that the person is to execute a
bond with, or without security, or surety, the Pros ecution
Attorneys Bureau shall issue an order to such effec t.
(4) The court, where a report has been presented th ereto, under
sub-section (1), or the Prosecution Attorneys Burea u has
submitted the matter thereto, after inquiry, may is sue an arrest
warrant for the person concerned, and detain him, o r place him
under police supervision, or to execute a bond, wit h, or without
security, or surety.

Period of bond, police supervision and detention
119.(1)The prescribed period of bond, or police sup ervision, under the
provisions of section 118, shall not exceed one yea r. Where the
person has previously been convicted of more than o ne offence,

34
the period shall not exceed two years; provided tha t running of
the period shall commence, as of the date of the is sue of the
order, or any subsequent time, as the Prosecution A ttorneys
Bureau, or the court may specify , for sufficient r easons.
(2) The prescribed period of detention of any perso n, under the
provisions of section 118(4), shall not exceed thre e days.

Bond upon conviction
120. The court may require any person convicted of an offence, in
breach of public peace, or tranquility to execute a bond, with, or
without security, to preserve public peace, and be of good
reputation and behaviour, for any period not exceed ing three
years, and may also place such person, under polic e
supervision, in addition to the said bond, or in li eu thereof;
provided that such measures shall be after executio n of the
prescribed sentence, if any .

Breach of bond
121. Where the person breaches his bond, under any of sections 118
and 120, the court may order his confinement, for a period not
exceeding one month , and may, as well, order confi scation of the
amount of security.

Police supervision
122. A person, placed under police supervision, sha ll be subject to
any of the following restrictions, as the court may order :-
(a) residence, within the limits of any town, or r egion,
selected thereby, and the authority which issued th e
restriction deems that execution of supervision the rein is
possible. The town, or area may be substituted by t he
order of such authority, upon the desire of the sup ervised
person, or upon approval of the police, or the plac e to
which he wants to move thereto;
(b) not to leave the limits of the town , or area w here he
resides, without the written permission of the off icer in
charge, at such town, or area;
(c) notifying the officer in charge, at any time, of the house,
or place wherein he lives;
(d) presenting himself, to the nearest police stati on,
whenever required so to do.

Appeal of orders issued under
the provisions of this Branch

123. Orders issued under the provisions of this Bra nch, shall be
appealed, by the ways of appeal, set forth in this Act.

Branch II
Prevention of Offences relating to

35
Public Tranquility
Power to order the dispersal of unlawful assembly

124. Any officer in charge, or Prosecution Attorney , may order any
unlawful assembly, or any assembly likely to commit the offence
of rioting, or the offence of breach of public peac e, to disperse,
and members of such assembly shall thereupon disper se.

Use of necessary force to disperse the assembly

125.(1) Where the assembly, mentioned in section 12 4, does not
disperse, upon the issue of the order , or acts in a manner
inconsistent with the order, the officer in charge may order the
dispersal of such assembly, by use of the least nec essary force;
provided that he shall not resort to use of fire ar ms, for dispersal
of the assembly, save upon the permission of the Pr osecution
Attorney.
(2) The officer in charge, or the Prosecution Attor ney, may require
the help of any person, for the purpose of dispersi ng the
assembly.
(3) The Police may arrest whoever participates in t he said
assembly.
(4) The right to use force shall not warrant intent ional causing of
death.

Intervention of military force

126. Where the Superior Prosecution Attorney, or in case of his
absence, the superior officer in charge deems that use of the force,
provided for in section 125, does not suffice to di sperse the
assembly, he may require the help of any officer, o r non-
commissioned officer commanding any Armed Force, to disperse
the assembly, by use of military force, to restore order, and
preserve public peace.

Organizing processions and gatherings

127. Any Governor, or Commissioner, within the limi ts of his
jurisdiction, may issue an order prohibiting, restr icting or
organizing thereunder any meeting, assembly or proc ession, in
the public roads, or places, as may likely lead to breach of the
public peace.

Closing public places

36
128. Where rioting, or breach of the public peace o ccurs, in an area,
the officer in charge, or the Prosecution Attorney, may issue a
temporary order, for closing cafes and other public places,
frequented by the public, in such area.

Eviction and closure of shops

129. The Governor, or Commissioner, whenever it has been proved to
him, after conducting the necessary inquiry, that a ny house, or
shop is operated to deal in liquor, narcotics, psyc hotropics,
gambling or prostitution, may order eviction and cl osure thereof,
for a period, not exceeding one year.

Power of use of firearm

129A. The officer in charge, in case of absence of the Prosecution
Attorney, or the Judge , shall have the power to or der use of
firearm , or any other force, in cases of armed eng agements, for
combating armed bands, for the purpose of robbery, house
breaking, smuggling goods, narcotics or psychotropi cs, or
dispersing an unlawful assembly, in which firearm i s used, or any
tool, as the use of which may likely result in caus ing death, or
grievious hurt, whenever the conditions require th e same, for the
purpose of arresting offenders, or preventing the o ccurrence of
any offence.

Branch III

Prevention of Public Nuisance

130.(1) Where it has been reported, to the Prosecut ion Attorney, that any
acts, as may constitute one of the offences, relati ng to peace and
public health, are committed, he may issue an order requiring
thereby the person concerned, at a fixed time, to c ease
committing such acts, or reform, or remove the effe cts thereof, in
the manner, set forth in the order.
(2) The said order shall be served upon the person, against whom it has
been issued, by the ways of service, provided for i n this Act.
(3) Where the person concerned does not execute the order at once, or
his immediate service is not possible, the Superior Prosecution
Attorney, in case of imminent danger, or harm to th e public, may
order taking such means, as he may deem fit, for re moval of the
danger , or prevention of harm; provided that the p erson concerned
shall be bound to pay any necessary expenses.

Part V

37
Trial
Chapter I

General Provisions

Stepping aside by the Magistrate from assuming tri al

131.(1) No Magistrate shall assume trial of any criminal suit, in which he
has previously conducted inquiry , been a party th ereto or has a
private interest therein.
(2) The Magistrate, who passed the judgement shall not participate
in considering any contest, confirmation or review of such
judgement.

No retrial after acquittal or conviction
132.(1) No person shall be retried, for any off ence, in which he has
been finally adjudged as acquitted, or convicted, b efore a
competent court.
(2) Any person may be tried, for the results conseq uential to his
act, which have not been known to the court, upon a previous
trial, where such results constitute another offenc e independent
of the offence, for which he has been tried.
(3) Plea of final judgement may be made in the sam e offence, at
any of the stages of the criminal suit, and the acc used shall be
released, whenever the same is proved.

Sittings to be open
133. Trial shall publicly be conducted, and the pub lic may attend the
same; provided that the court may, in its discretio n, order at any
of the stages of trial, exclusion of the public gen erally, or any
person of those attending, or remaining at the sitt ing, whenever
the nature of trial procedure, or order requires th e same.

Trial in absentia
134.(1) An accused shall be tried in his presence, and shall not be tried,
in absentia, save in the following cases :- (a) his being accused of any of the offences agains t the State;
(b) the court deciding exempting him from appearanc e; on
condition that he shall admit, in writing, that he is guilty,
or an advocate, or agent appears, on his behalf;
(c) the court deeming that proceeding with the proc edure, in
the absence of the accused does not prejudice the d efence
case in any way.
(2) in all the cases, provided for in sub-section ( 1), summons
shall be served by the way, provided for in this Ac t.

The right of the accused to be defended
by an advocate or pleader

135.(1) The accused shall have the right to be defe nded by an advocate,
or pleader.

38
(2) The court may permit any person to plead before it, where it
deems him qualified therefor.
(3) Where the accused is accused of an offence puni shable with
imprisonment, for the term of ten years, or more, a mputation or
death, is insolvent, the Ministry of Justice, upon the request of
the accused, shall appoint a person to defend him, and the State
shall bear all, or part of the expenses.

Assuming prosecution
136.(1) The Prosecution Attorneys Bureau, or the Cr iminal Police, in case of
absence of the Prosecution Attorney, or any person appointed, or
permitted, by the Criminal Prosecution Bureau, shal l assume
prosecution.
(2) The person, against whom the offence has been c ommitted, his
guardian or agent, in offences of retribution, or t he offences with
respect to which a private interest relates, may a ssume prosecution
alone, upon approval of the Criminal Prosecution Bu reau , or
participate in the same.

Statements and evidence translated to the

language understood by the accused

137.(1) Where statements, or evidence, or any proce dure has been taken, in
which the accused is interested, in a language not understood by the
accused, the same shall be translated to his unders tanding.
(2) Where the court deems that the accused is unabl e to understand
the procedure , for a defect in his senses, or for any other
reason, it may order one to assist him to understan d the
procedure, or to address him in such way, as is und erstood by
the likes of him.
(3) Where the court needs to recall a translator, o r assistant, it shall
recall a translator, or assistant and pay any expen ses therefor .

Control and management of the sitting

and punishment of contemptor

138.(1) Control and management of the sitting are e ntrusted to the
Magistrate, and he may evict, outside the sitting h all, whoever
breaches the order thereof, and take any legal meas ure therefor.
(2) Where a person commits an act deemed to be an o ffence, in
accordance with the provisions of section 116, of t he Criminal
Act, 1991, during the convention of the sitting , t he court, before
which the offence has been committed, may punish hi m with
fine, or commit him to another court.
(3) Where the court adjudges, under the provisions of sub-section
(2), conviction and punishment of the offender, it may whenever
the offender submits, to the court’s decision, or p resents an
apology acceptable thereby, pass an order pardoning him, and
remitting the penalty.

39
Chapter II
Progress of Trial

Sequence of the procedure of trial

139.(1) The court shall follow the trial procedure in the following
sequence :- (a) verifying the basic evidence, about the accused , the
witnesses and the suit;
(b) hearing the prosecution opening speech, stateme nts of
the inquiror and the complainant, if any, and discu ssion of
the same;
(c) reply of the accused to the prosecution;
(d) evidence of the prosecution, and discussion of the same;
(e) examination of the accused;
(f) framing the charge, by drafting the charge shee t, where the
court deems the same fit;
(g) addressing the accused, with the charge, and hi s reply
thereto;
(h) hearing the evidence of defence, if any, and di scussion of
the same;
(i) any procedure in evidence, as the court may ado pt;
(j) admission of final pleadings, if any, for the p roprietor of
private right, then the prosecution and then the de fence;
(k) delivery of the decision of conviction, or acqu ittal;
(l) hearing reasons of mitigation , or aggravation of penalty;
(m) the final orders in the judgement.
(2) Where the accused admits, upon his reply, to th e prosecution,
the court may frame the charge, without hearing the evidence of
the prosecution.
(3) Where the accused denies, or the court deems, n otwithstanding
his admission, that it is most appropriate to hear the evidence, it
shall call for the prosecution evidence, and procee d with the rest
of procedure.

Power of the court to arrange procedure

140. The court may advance, defer, or repeat any of the trial
procedure, at any stage, where it deems that the sa me is
necessary for achievement of justice.

Dismissal of criminal suit during trial

141.(1) Where it transpires, to the court, after he aring the prosecution
evidence, and examination of the accused, that evid ence does
not lead to his conviction, it shall pass an order dismissing the
criminal suit, and release the accused. Where a fin ancial right of
others relates to the criminal suit, the court shal l, before
releasing the accused, exercise the civil powers th ereof, in
accordance with section 204.
(2) Where the criminal suit has been adopted, upon a complaint, in
which private relinquishment may be made, and the
complainant absents himself, on any day fixed for h earing the

40
same, notwithstanding his knowledge thereof, the co urt may, in
its discretion , dismiss the criminal suit, and re lease the
accused.

Reference of the criminal suit to a higher court
142. Where it transpires, to the court, after draft ing the charge sheet, in
a criminal suit, that it has to be, or it is approp riate to be heard
before a higher court, by reason of lack of jurisdi ction, or
inflicting a penalty exceeding the powers thereof, or because the
assessed compensation exceeds the power of the para llel civil
court, the court shall refer the criminal suit to a competent higher
court.

Recording the charge
143. Where it transpires, to the court, after heari ng the prosecution
evidence, and examining the accused, or at any prio r stage, that
there is a basis for his being charged of an offen ce it is
competent to try the same, it may record the charge , by drafting
the charge sheet, with the offence attributed to th e accused.

Reply of the accused
144.(1) Subject to the provisions of section 143, t he court shall address
the accused with the charge, by reading and explain ing it to him,
and questioning him whether he is guilty, or innoce nt.
(2) Where the reply of the accused is that he is gu ilty, the court
shall record his admission of guilt, and it may dec ide his
conviction, upon such admission.
(3) Where the reply of the accused is that he is gu ilty of an offence
punishable with death , amputation or whipping more than forty
lashes, the court shall :- (a) hear any other evidence presented by the prosec ution;
(b) caution the accused as to the seriousness of hi s
admission, where admission is the only evidence aga inst
him;
(c) adjourn the decision of conviction, for a peri od, not
exceeding one month .
(4) The court, upon convention of trial, under para graph (c) , of
sub-section (3), shall re-address the accused, with the charge,
and hear his reply once more. Where his reply is th at he is
guilty, it shall pass its decision of conviction.
(5) Where the reply of the accused is that he is no t guilty, or
refrains from reply, he shall be required to presen t his defense,
and such evidence as he may have for rebutting the charge. The
accused, or the defense representative shall thereu pon present
a list of the witnesses, and all the evidence he in tends to
adduce.

Chapter III

Procedure of Charging

41
Charge sheet
145.(1) In order to record the charge and draft the charge sheet, the
Magistrate shall ascertain the satisfaction of all the ingredients
and conditions required by the law.
(2) The charge sheet shall set forth the offence, attributed to the
accused, by mentioning the essential elements, and name
thereof, and the section and the provision of the l aw, which the
offence is alleged to have been committed, in contr avention
thereof.
(3) Where it transpires, from the nature of the cri minal suit, that the
details mentioned in sub-section (2), do not suffic e to bring to
the accused’s knowledge of such charge, as may be a ttributed
to him, the charge sheet shall contain, likewise, the details
pertaining to the manner, in which the alleged offe nce has been
committed, the time and place thereof, and the tool used therein
and the victim.

Charge sheet dispensed with

146. The court may, where it deems that the charge preferred by the
Prosecution is sufficient, dispense with drafting t he charge
sheet, and address the accused directly with the ch arge, to
reply to the same.

Amendment of the charge sheet
147.(1) The court, whenever it deems the same fit, during the trial, may
amend the charge sheet, by addition, or omission, o r redraft the
same afresh.
(2) The court shall read the amended, or new charge sheet, to the
accused, and take his reply thereto.
(3) The court may, upon amendment, or redrafting th e charge
sheet, order new trial, adjourn the trial, to such period, as it may
deem fit, or continue in the trial, where the same does not
prejudice the prosecution, or defense case.
(4) Whenever the court amends, or redrafts the char ge sheet, it
shall allow the representative of the prosecution, and the
accused, to call any witness, who has previously be en
examined, where it deems the same necessary, for
achievement of justice.

Similar offences
148. Whenever a person has been charged with severa l offences,
having one characteristic, or similar characteristi cs, he may be
charged, and tried in one trial, for any number the reof. Where the
court deems that the accused may be unable to defen d himself,
by reason of such procedure, or that the same may l ead to
dalaying the trial procedure, it may order a separa te trial, for any
of the said charges.

42

Connected acts

149. Where any person commits several acts, which a re connected in
such a way, as may make them constitute more than o ne offence,
he may be charged, and tried, for them all in one t rial.

Doubt as to determining the offence

150. Where the facts of one act, or connected acts are of such nature,
as may lead to doubt, as to determining the offence , which may
be constituted, by such acts, from among various of fences, the
charge of committing all, or any of such offences, may be
addressed, to such person, and he may be tried ther efor together,
and he may, as well, be charged alternatively with committing any
of them.

Conviction of an offence other

than the subject of charge

151.(1) Where a person is charged, in the case ment ioned in section 150,
with committing a particular offence, then it appea rs, from
evidence, that he has committed a different offence , with which
he may have been charged, in pursuance of the provi sions of
such section, he may be convicted of the offence wh ich it
appears he has committed, although he is not charge d therewith.
(2) Where a person is charged with committing any o ffence, he may
be convicted of attempt to commit such offence, alt hough he is
not charged with attempt, as a separate charge.
(3) Where the accused is addressed, with a major of fence, he may
be convicted of a minor offence, where the same fac ts lead to
proof of the minor charge, although he has not been addressed
therewith.

Persons who may be charged together
152.(1) There may be charged and tried together per sons accused with
commission of :- (a) one, or more offences by joint criminal acts;
(b) one, or several offences, where they occur, as a result of
rioting, fight or connected acts;
(c) an offence and whatever may branch therefrom o f offences.
(2) The court may, at any stage, order, together w ith mentioning the
reasons, staying the joint trial of the occused per sons, and try
any one of them in a separate trial.

Chapter IV

Procedure of Taking Evidence

Power to summon witnesses to

appear and adduce testimony

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153.(1)The court shall summon any witness required by the prosecution,
or defense, to appear and adduce testimony, unless it deems, for
reasons to be recorded thereby, that the request is intended to
intrigue, delay or impede the progress of justice.
(2)The court may, of its own accord, or upon request by the
prosecution, or defense, summon, at any time, befor e announcing
the judgement, whoever it may deem his testimony is essential to
determine the criminal suit, even though he is not in the list of
witnesses, and re-examine any witness, as it may de em the same
necessary.

Witness taking the oath
154. The court may, of its own accord, or upon the desire of the
person, against whom testimony is adduced, require any witness
to take the oath, to tell the truth, the whole trut h and nothing but
the truth . The oath may be aggravated by the witne ss placing his
hand, while ritually pure, on the Holy Quran, or th e Bible, as the
case may be, and may, likewise, be aggravated by fo rm, time, or
place as the court may deem fit.

Cross-examination of witnesses

155.(1) The court may examine, or cross-examine an y witnesses .
(2) Every party to the criminal suit may cross-exam ine the
witnesses of the other party. Where he does so, the other party
may re-examine them.
Protection of witnesses
156. The court shall forbid addressing any question s, to the
witnesses, as may have no connection to criminal su it, and
protect them, against such phrases and comments, as may
intimidate, or injure them, and forbid the question s of obscene
nature, or injurious to the feelings, unless they c orrespond to
substantial facts, relating to the suit.

Hearing and recording testimony

157.(1) Testimony shall be taken, in the presence o f representatives of
the prosecution and defense, and in the presence of the
accused, unless this Act provides otherwise.
(2) Facts of testimony of every witness shall be re corded on the
record .
(3) The record shall be written in the form of nar rative of facts of
the testimony, or recording questions and answers, in full text.
(4) The court shall read the testimony of the witne ss recorded, on
the record, where the same has been requested by th e accused,
the witness or representative of the prosecution . Where any of
them objects to what is recorded, the record shall be corrected,
where a mistake is found, or record a note of the o bjection.

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Viewing
158.(1) The Magistrate, during trial, may view the place wherein the
offence is alleged to have been committed, or view any other
place, where he deems the same necessary for comple ting the
evidence.
(2) Viewing shall be conducted, in the presence of the accused and
the witnesses the attendence of whom the Magistrate deems fit .
Any statements, or explanations, delivered by the a ccused, or
the witnesses, shall be taken, in the viewed place.
Representatives of the prosecution and defense may attend
upon conducting viewing.

Commission to take evidence
159.(1) The court may dispense with attendance of a ny witness, by the
referring hearing his evidence, to another Magistra te, within the
limits of whose jurisdiction the witness resides, w here the court
deems that attendance of the witness is not possibl e, without
delay, hardship or incurring of excessive expenses.
(2) The court may refer hearing of testimony, by se nding, to the
other Magistrate, any written interrogatories, rela ting to the
matters submitted before it, to be presented by the
representative of prosecution, or defense, or prepa red thereby ,
to be addressed to the witness.
(3) The representative of the prosecution, the accu sed and his
agent may attend, before the other Magistrate, and examine and
cross-examine the witness.

Evidence taken abroad
160. Where attendance, by the witness, who is prese nt outside the
Sudan, is not possible, before the court, or where the court
deems, for substantive reasons, that it is inapprop riate to
summon him, it may, after hearing the representativ es of the
prosecution and defense, dispense with attendance o f such
witness, and send, in lieu of the same, written int errogatories,
for him to reply, and the witness shall answer the questions, in
such manner, as the court may order.

Return of record of testimony

161. After executing the procedure issued under the provisions of
sections 159 and 160, every record, or attestation of the
testimony of the witness, who has been interrogated , shall be
sent to the court, which shall allow the represent atives of the
prosecution and defense to peruse the same, and dee m it as part
of the record of trial, subject to any reasonable o bjection.

Testimony of a physician and an expert

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162.(1) The court may summon any physician , scient ific, or technical
expert, to appear before it, as a witness, wherever it deems that
appropriate.
(2) The court, in any procedure, or civil suit, may take the evidence
of any report, or document issued by a physician, o r expert. It
shall read such evidence, before the prosecution an d defense,
and record any objection thereto. It may, in its di scretion,
dispense with the attendance of the physician, or e xpert, before
it, unless the prosecution, or defense requests cal ling him, for
such reasons, as it may deem just.

Recording testimony for absconding of the accused
163. Where it has been proved, to the court, that t he accused has
disappeared , and it not possible to arrest him, it may interrogate,
in his absence, any prosecution witnesses, and reco rd the
testimony thereof on the record. Such testimony may be
produced, as evidence against the accused, upon his being
arrested, where the witness dies , is unable to add uce testimony
or his appearance at the court is not possible.

Recording testimony where the accused is unknown
164. Where the person accused of the offence is unk nown, the
Magistrate may interrogate any witness, who adduces evidence
thereon. Such testimony may be admitted, as evidenc e, against
any person accused thereafter of committing the of fence, where
the witness dies, is unable to adduce testimony or his
appearance at the court is not possible .

Expenses of witnesses

165. The court may order payment of such reasonable expenses, as
may be required by attendance of the witness, befor e the court,
in any procedure under the provisions of this Act, subject to any
rules, as the Chief Justice may make .

Chapter V
Judgement

Form of passing and time of judgement

166. Passing the judgement shall be at the earliest time, after
termination of hearing and pleadings. Pronouncement of the
same shall be in an open sitting, and in the presen ce of the
accused, save in trial in absentia .

Contents of judgement
167.(1) Judgement shall include the charge, the dec ision determining
the same, the grounds and final orders. Judgement s hall be
dated, and signed under the Magistrate’s hand, upo n
pronouncing it.

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(2) Where judgement is of conviction, there shall b e determined
therein, the offence of which the accused has been convicted, the
section of the law, under which he has been tried, and the
sentence passed.
(3) Where the judgement is of conviction of more th an one offence,
and penalties of imprisonment have been inflicted, the court shall
show, in the judgement, the manner of running there of,
concurrently, or consecutively .
(4) Where the judgement is of acquittal, the court shall mention
therein the charge of which the accused has been ac quitted, and
order his release .
(5) However the judgement may be, it shall include any other orders,
as may be necessary, for termination of the crimi nal suit .

Grounds of sentence of alternative
penalty in particular offences

168. Where an accused is convicted of an offence pu nishable with
death, retribution or whipping , and the court has inflicted, upon
the accused, any alternative penalty, it shall ment ion, in the
judgement, the grounds, for which it has passed suc h sentence.

Death sentence
169. Where the accused is sentenced to death, the c ourt shall
show, in the judgement, the manner of adjudged deat h.

Sentence of suspended imprisonment
170.(1) The court, upon passing sentence other than in hudud and
retribution offences, and offences punishable with death, or
imprisonment for more than five years, may order su spension of
execution of the sentence, and release the sentence d person, on
probation period fixed thereby, not exceeding five years, as to
such conditions, as it may deem fit, for good reput ation and
conduct, having due regard to the age of the senten ced person,
his morals, previous convictions and nature and cir cumstances
of the offence.
(2) In case of breach, by the sentenced pers on, of the conditions
during the probation period, the court shall order his arrest, and
execution of the sentence passed against him there upon .

Accused informed of his right to appeal
171. Where judgement of conviction has been passed, and the
sentence is subject to appeal, the court shall info rm the accused,
and those having interest, that they have the righ t of appeal, and
of the period within which appeal may be presented .

Sentence not subject to revision
172. Whenever judgement has been passed and signed, the court
shall not , of its own accord , revise the same, by revision, or
alteration, save as to correction of a clerical, or counting error.

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Accused given copy of judgement
173. Where the accused requests a copy of the judg ement, he shall be
given the same; and where he desires it translation , to his
language, and that is possible, his request shall b e replied .

Copy of judgement attached to the record

174. A copy of the original judgement shall be atta ched to the record of
the trial .

Chapter VI
Summary Trial

Offences which may be summarily tried

175. Summary trial may be in any offence :- (a) the commission of which is punishable with impr isonment,
whipping, or fine, not exceeding the summary jurisd iction
of the court concerned;
(b) which the court deems to try summarily, by reas on of
clearance of the evidence and simplicity thereof;
(c) in which composition, or pardon has been made, saving
the offences the commission of which is punishable with
death.

Procedure in summary trial
176.(1) The court, in the summary trial, shall foll ow the following
procedure :- (a) hearing the statements of the prosecutor and th e
complainant;
(b) hearing the accused’s reply;
(c) hearing the statements of the prosecution and d efense
witnesses;
(d) passing the decision of conviction, or acquitta l, together
with a summary statement of the grounds thereof;
(e) passing the final orders, in the judgement.
(2) The court shall have due regard, to the procedu re of trial,
provided for in this Act, in such way, as may not b e inconsistent
with the summary nature of the trial.

Particulars recorded in the summary trial
177. A summary trial shall not require recording ev idence, nor shall
charge be written; however the court shall record t he following
particulars, on the form prepared therefor :- (a) the serial number;
(b) the name, nationality, place of residence, occu pation and
age of the accused;
(c) the name of complainant, if any, his nationali ty place of
residence, occupation and age thereof;

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(d) the offence, subject of complaint, and value of property,
with respect to which the offence has been committe d;
(e) the date, and place of committing the offence, and the date
of arrest;
(f) the date of instituting the criminal suit;
(g) summary of statements of the prosecutor, compla inant
and the accused’s reply;
(h) names of prosecution and defense witnesses, and
summary of statements of each of them;
(i) the decision, together with a summary statement of the
grounds thereof;
(j) any final order in the judgement;
(k) the date, at which the procedure are terminated ;
(l) the name of the Magistrate, his court and signa ture thereof.

Summary procedure transferred
to non-summary ones

178. Where it transpires, during the summary trial, that the offence
subject of information, is one of the offences, tri al in which shall
not be summary, or where the summary penalty will n ot be
suitable, the Magistrate shall transfer the crimina l suit, to the
competent body, or proceed with the trial, in a non -summary way,
where he has jurisdiction.

Chapter VII

Ways of Contest, Confirmation and Execution

Branch I

Appeal, Confirmation, Cassation and Review

Judicial measures which may be appealed

179. The following judicial measures may be appeale d :-
(a) first instance judgements, and judgements whi ch have
not exhausted all the stages of appeal;
(b) orders restricting the freedoms of the appellan t, in his
self, or property; provided that every appealed ord er shall
be recorded on a separate record, and the record sh all be
sent to the court, to which the appeal lies , witho ut
staying the progress of the criminal suit;
(c) decisions relating to matters of jurisdiction .

Ways of appeal

180. Judicial measures shall be appealed, as follow s :-
(a) the People’s Criminal Court measures, before th e criminal
court, the warrant of establishment of which, or th e
regulations ( as the case may be) specifies the sam e;
(b) the 3
rd. Criminal Court and the 2 nd. Criminal Court
measures, before the General Criminal Court, whose
judgement shall be final;

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(c) the 1 st. Criminal Court and the General Criminal Court
measures passed, as first instance, befdore the Cou rt of
Appeal, whose judgement shall be final.

Confirmation of judgements

181. Every death, amputation or life imprisonment s entence shall be
submitted, to the Supreme Court, whenever becoming final, with
intent of confirmation .

Cassation
182. The Supreme Court shall have competence to con sider cassation
of judicial measures, passed by the competent Court of Appeal,
where the contested judicial measure is based upon
contravention of the law, or error in application o r interpretation
thereof.

Who has the right of contest

183. There shall be required for contest, by appea l, or cassation ,
that it shall be presented by one of the parties, o r any person
having interest.

Time of contest

184. Contest by appeal, or cassation, shall be subm itted, within a
period, not exceeding fifteen days , of the date of declaration of
the contested judicial measure.

Power of the higher court
185 The higher court, upon considering confirmation , or contest by
appeal, or cassation, may exercise any of the foll owing powers,
to :- (a) confirm the judgement in whole;
(b) confirm the conviction decision, and alter the penalty, by
remission, commutation or substituting the same, by any
other penalty authorized by law;
(c) alter the conviction decision, of an offence, to a conviction
decision of another offence, which the accused woul d
have been convicted of committing the same, upon th e
charge, or evidence; on condition that the commissi on of
the other offence shall not be punishable with a se verer
penalty, and alter the penalty accordingly;
(d) return the judgement, to the first instance cou rt, to revise
the same, as to such directions, as may be made;
provided that the first instance court shall not ad mit any
additional evidence, without the permission of the higher
court;

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(e) quash the judgement and annul the procedure r esulting
therefrom, and the same shall be deemed as quashing the
criminal suit, unless the higher court orders re-tr ial;
(f) quash, or amend any subsidiary order.

Interlocutory order may be passed
186. The court having jurisdiction of confirmation, appeal or cassation,
may pass an order releasing any person, who is deta ined in the
criminal suit, considered before it , upon bond, or bail, or pass
any other suitable orders, pending passing the fina l decision
thereof, whenever it deems the same just, and may, likewise, pass
an interlocutory order, to arrest whoever the firs t instance court
has adjudged his release.

Hearing the accused upon appeal

187. The court having jurisdiction of confirmation, appeal or cassation,
may hear the accused, the representative of the pro secution, or
the complainant, whenever it deems that necessary; provided that
the same shall be made in the presence of the parti es.

Power of review

188. The Supreme Court, or the Court of Appeal, of its own accord, or
upon petition, may require and review the record of any criminal
suit, in which a judicial measure has been passed, before any
court, within the limits of the jurisdiction thereo f, for the purpose
of ensuring soundness of procedure and achievement of justice,
and order such as it may deem fit.

Revision
188A.(1)The Chief Justice may constitute a circuit of five judges of the
Supreme Court, to revise any judgement passed there by ,
where it transpires, to him, that such judgement ma y involve a
contravention of the Islamic Sharia Ordinances, or mistake in
law, the application or construction thereof. The d ecision of the
circuit shall be passed by the majority of members.
(2) The revision circuit shall be constituted of ju dges, the majority
of whom have not participated in passing the judgem ent,
which is the subject of revision.
(3) The time of revision shall be sixty days, comme ncing as of the
day subsequent to announcement of the judgement, or
notifying the applicant for revision thereof, where he is not
present at the sitting of judgement.

Branch II
Execution

Execution being public

189. Sentences of whipping, retribution and death s hall publicly be
executed, such that they are attended by the first instance court

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Magistrate, or whoever succeeds him, and a number o f
attendants.

Judgements executed promptly

190.(1) Judgements shall be executed, as soon as po ssible, and the
sentenced person shall not be prejudiced by waiting , or
lengthening the time of execution
(2) A judgement shall forthwith be executed, notwit hstanding
appeal of the same, with the exception of sentences of death,
retribution, hudud and whipping .

Assent, by the Head of State, to execution of death
191.(1) Death sentence shall not be executed, save after the assent of
the Head of State, with the exception of hudud and retribution
offences.
(2) The Head of State, whenever he refuses to assen t, to death
sentence, may substitute the same, by any other pen alty
authorized by law .

Confinement of the sentenced person pending executi on
192.(1) Where a person is sentenced to death, or amputation, the court
shall pass an order of his confinement, until the s entence is
confirmed, by the Supreme Court. Where the sentence is
confirmed, or altered, the Supreme Court shall pass the
necessary order of execution, after the assent of t he Head of
State, where the case so requires.
(2) Where a person is sentenced to retribution, for wounds, or fine
or whipping, the court may order his confinement, o r release on
bond, together with security, or bail.

Suspension of executing death penalty

on the aged, a pregnant or suckling woman

193.(1) Where it transpires, to the Prison Director , that the person
sentenced to death, otherwise than in hudud and ret ribution
offences, has attained seventy years of age, before executing the
sentence, he shall suspend execution, and notify th e same
forthwith, to the Chief Justice, for submission the reof, to the
Supreme Court, for considering substituting the sen tence.
(2) Where it transpires, to the Prison Director, be fore executing the
death sentence, that the sentenced woman is pregnan t, or
suckling , he shall suspend executing the sentence and notify
the same, to the Chief Justice, for postponing exec ution, until
after delivery, or the lapse of two years, after l actation, where
the baby is alive.

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Health condition of sentenced

person to be regarded

194.(1) Regard, in executing hudud, retribution an d whipping
sentences , shall be had to the health condition of the sentenced
person, and the time suitable for execution, in suc h way as the
sentenced person shall not be prejudiced by more th an is meant
by the penalty.
(2) Every sentence of amputation, as a hud, or retr ibution, shall be
preceded by medical examination of the sentenced pe rson, by a
physician. Execution shall be made by a competent p erson, and
the amputated person shall remain, under medical ca re, at the
State’s expence, until he is cured.
(3) Where execution of the sentence is not possible , by reason of
the heath condition of the sentenced person, the ma tter shall be
submitted, to the court, which passed the sentence, to take
such as it may deem fit.

Suspension of retribution sentence
195.(1) The guardians of the deceased, or the vict im, shall be notified of
the date fixed for executing the retribution senten ce. Where they
request, at any time, before conducting the executi on,
suspension thereof, the competent authority shall s uspend the
same.
(2) The application, for suspending execut ion, shall be presented
orally, or in writing, to the competent court, or t he prison officer
in charge, and, in this case, the officer shall sub mit the
application, to the competent court .

Executing the sentence of

imprisonment or estrangement

196.(1) The person sentenced to imprisonment shall forthwith be sent to
the particular prison. Where the same is not possi ble, he shall
be kept in police custody, pending his delivery, to the prison
officer in charge.
(2) Running of the penalty of imprisonment shall be gin, after the
actual execution thereof, and after satisfaction of any
imprisonment penalty, due in a previous trial.
(3) Estrangement sentence shall be executed, at suc h place, as the
court may specify, in accordance with the safeguard s of
supervision, provided for in this Act.

Executing whipping

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197. Whipping shall, subject to the provisions of t his Act, be executed,
in accordance with the following conditions :- (a) a man shall, generally, be whipped, while stand ing, without
binding, or tying; and a woman shall be whipped, while
sitting , and execution shall be made, at such time , and
place, as the court may specify;
(b) whipping shall be lump sum, temperate, moderate and non-
cracking and non-breaking, distributed, otherwise t han on
the face, head and fatal places, by a moderate whip , and
any other similar tool may be used;
(c) where it transpires, to the Magistrate, or whoe ver may
succeed him, during executing the whipping sentence , that
the health condition of the offender does no longer bear
the remainder of the sentence, he shall suspend the
whipping , and submit the matter to the competent c ourt.

Order of collection of fine and compensation
198.(1) Where fine, or compensation is sentenced, t he court, which
passed the sentence, shall order the way of payment ; and shall,
in case of non-payment, pass an order for the colle ction of the
amount, by any of the following ways :- (a) seizure of any movable property, owned by the o ffender,
and selling the same;
(b) attachment, of any debt, due to the offender, a nd
satisfaction of the same;
(c) attachment of any estate owned by the offender, and sale
thereof.
(2) The order of seizure and sale of the movable pr operty shall be
notified, to the Magistrate, within the limits of j urisdiction of
whom execution lies.
(3) In case of execution, by way of attachment of debt, or estate,
the court shall follow the civil procedure of execu tion, and pay
the execution expenses, out of the collected amount s.
(4) Where collection of the amount of fine is not p ossible, by the
aforesaid ways, the court may order execution of a substitute
penalty of imprisonment, or release the sentenced p erson, at
any time, by bond, or bail.
(5) Where collection of compensation is not possibl e, by the
aforesaid ways, the court may follow the civil proc edure , as to
the same.

Order of executing sentences
199.(1) The court shall ensure the execution of the sentences passed
thereby, whenever the same have become final.
(2) The order of execution shall be passed, by the court which
passed the sentence, or by a competent Magistrate. Where the
same is not possible, or delay, or hardship is fear ed, the
General Criminal Court may pass the order of execut ion.

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Order returned after executing the same
200. Wherever the sentence has been fully executed, the official, who
conducted its execution, shall return the execution order, after
signature thereof, to the court which passed the sa me, together
with showing the manner, in which the sentence has been
executed.

Chapter VIII

Miscellaneous Provisions

Adjournment, or suspension of trial

201. The court may order the adjournment, or suspen sion of any trial,
for any substantial reason, and shall, in such case , record the
reason on the record, and order renewal of confinem ent of the
accused, where necessary .

Suspension of trial by reason of mental infirmity
202. Where it transpires, during the trial, that th e accused suffers such
mental infirmity, as may make him unable to defend himself, the
court shall suspend the trial, and transfer the acc used to medical
examination. Where his mental infirmity is proved, it shall adjourn
the trial, until the accused regains his mental hea lth, and order
keeping him, in accordance with the provisions of t he Criminal
Act, 1991.

Succession of the Magistrate
203.(1) The Magistrate, who succeeds a Magistrate, who has been
conducting the procedure of trial, shall begin, fro m where his
predecessor ends, and shall not begin the procedure form the
beginning thereof, save for necessary reasons, to b e recorded
thereby on the record.
(2) Where the court, which has been conducting the procedure is
constituted of more than one member, the substituti on of any of
the members thereof shall not annul the previous pr ocedure .

Civil power of the court
204. Upon exercise by the court, of its powers in a djudgement of
compensation, and without prejudice to dia provisio ns, the court
shall have due regard to the following, that :-

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(a) no injured person, who instituted a civil suit, for
compensation, for damage resulting out of the offen ce,
shall claim compensation, for the same injury, befo re the
court, unless he relinquishes such suit;
(b) the court, of its own accord, or upon the appli cation of the
injured person, the accused or any person having an
interest, may join, to the suit, any person having an
interest, or under an obligation, in the compensati on suit;
(c) the court shall hear the evidence, relating to proof of the
injury, resulting out of the criminal act, and asse ssment of
compensation;
(d) where the court deems there is ground, for inst ituting the
compensation suit, the charge sheet shall include a n
allegation thereof, and shall hear the reply of the accused
thereto;
(e) the accused, or any person having interest, at the defense
stage, may adduce such evidence, as he may deem
necessary, for rebutting the compensation suit, or
assessment thereof;
(f) where the court decides to adjudge compensation , the
judgement shall specify the amount of comensation,
whether the same is independent, or part of any fin e
inflicted by the court.

Deliberation of the court
205 Where the court is constituted of more than on e Magistrate, :-
(a) members of the court shall deliberate, on the m atters
submitted for determination, and the majority opini on shall
be adopted, upon difference;
(b) every member shall deliver his opinion, on each matter;
provided the one having the least class of whom, sh all
begin, by delivering his opinion, then the one next thereto;
(c) every dissenting opinion, with the grounds ther eof, shall
be recorded, on the record, and the same shall not be
mentioned in the judgement.

Formal errors and defects non-effective

206. No error, as to admitting evidence, nor the pr esence of formal
defect in the procedure shall be ground for quashin g any judicial
measure, where the same is sound in substance, and no
estimable injury results thereout, to any of the pa rties.

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Delay in determining cases notified
207. An urgent report, of the reasons for delaying every first instance,
or appellate criminal suit, in which passing judgem ent is delayed ,
for more than six months, shall be sent to the head of Judicial
Organ, or the Chief Justice, as the case may be, to take such, as
he may deem fit.

Part VI

Pardon and Remission of Conviction and Penalty

Power of the Head of State to remit

208.(1) The Head of State shall have the power to r emit conviction, or
penalty, in otherwise than hudud offences.
(2) Notwithstanding the provisions of sub-section ( 1), the Head of
State shall not issue an order remitting conviction , or penalty, in
retribution offences and the offences in which the criminal suit
is compoundable, save after the consent of the inju red person,
or his guardians, or after satisfying the adjudged right.

Procedure of remission
209.(1) Remission of conviction, or penalty shall b e by a decision of the
Head of State, to be issued with, or without condit ions :-
(a) after consulting the Minister of Justice;
(b) upon an application, by the sentenced person, or his
next-of-kin, to be presented to the Minister of Jus tice, to
recommend with respect thereto, after consultation, with
the Chief Justice.
(2) Where the sentenced person breaches any of the conditions of
remission, or where a condition which he has accept ed is not
satisfied, the Head of State may order revocation o f the
remission decision, and restitution of any remainin g penalty.

Limitation of conviction
210. Conviction shall, automatically, lapse by the expiry of :-
(a) five years, of the date of lapse of the penalty , where the
penalty is of imprisonment, for a term, not exceedi ng one
year, or any other penalty, otherwise than amputati on,
unless the sentenced person has subsequently been
convicted of any offence, within such period;
(b) seven years , of the date of lapse of any other penalty,
unless the sentenced person has subsequently been
convicted of any offence, within such period.

Power of the Head of State of general pardon

211.(1) The Head of State shall, in otherwise than hudud offences, have
the power of general pardon, with, or without condi tions, of any
cases of suspicion, or charge of offences, in which final
judgement has not been passed.

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(2) The power of general pardon shall be exercised, by a decision
of the Head of State, to be issued after consulting the Minister of
Justice.
(3) No criminal suit shall be instituted, for any s uspicion, or charge
which has been covered by a general pardon, the con ditions of
which have been satisfied.

Part VII

Subordinate Legislations and Forms

Making rules and laying down forms

212. The Chief Justice, in the judicial matters, an d the Minister of
Justice, in otherwise than the same, may from time to time, make
such rules, and lay down such forms, as may impleme nt the
provisions of this Act.

Regulations organizing custodies

213. The Minister of Interior, in consultation with the Minister of
Justice, may make such regulations, as may organize custodies,
and specify the duties and rights of persons remand ed therein,
and the disciplinary procedure, in respect thereof.

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Schedule I
Offences in which the Criminal Suit

May be Compoundable

(See section 36(2) )

The offences punishable, under the Criminal Act, 19 91, and in which the
criminal suit is compoundable are as follows :- (a) Part IX : sections 75, 76;
(b) Part XI : sections 111, 112, 114, 116;
(c) Part XIV: sections 139, 141, 14o(1), 143, 144;
(d) Part XV : sections 157, 159, 160;
(e) Part XVI : sections 163, 164165,166;
(f) Part XVII:sections 177(with the exception of th e
public servant) 178, 179 180 , 182(1) ,
where the loss, or injury is otherwise than
to public, 183(1).

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Schedule II

Offences in which Arrest without

Warrant may be made

(see section 68(2)(a) )

The offences punishable, under the Criminal Act, 19 91, in which arrest
without warrant, from the Prosecution Attorneys Bur eau, or the court
may be made, are as follows :- (a) Part V : sections 55 , 57;
(b) Part VI : all sections;
(c) Part VII: sections 63, 64, 65;
(d) Part VIII: all sections;
(e) Part IX:
Chapter I : all sections, saving section 73;
Chapter II : all sections, saving section 81;
Chapter III : all sections;
Chapter IV : section 87 ;
(f) Part X : sections 93 , 94, 95, 96,99,100,101,1 02,103;
(g) Part XI : sections 106.107,108,109,110,113;
(h) Part XII : sections 117, 118,119,120,121;
(i) Part XIII : sections 125, 127, 128;
(j) Part XIV: all sections;
(k) Part XV : sections 145, 148, 149, 150, 151, 1 52, 153, 154,
155, 156;
(l) Part XVI : all sections, saving section 166;
(m) Part XVII : sections 167, 170, 174, 175, 176, 1 81, 182(2) and
(3) , 183(2), 184.

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Schedule III

Offences wherein the Officer in Charge

may release the Accused by Bond or Bail

(See section 108)

Sections of the Criminal Act, 1991

(a) Part VIII sections 68, 69
(b) Part IX sections 70(2), 74 , 75, 76, 77, 80, 82, 83, 85 , 86 and 87.
(c) Part X sections 93, 94, 95, 97, 98, 100 and 1 01
(d) Part XI section 111
(e) Part XIII sections 125 and 127
(f) Part XIV sections 133 , 143 and 144
(g) Part XV sections 159 and 160
(h) Part XVI section 163
(i) Part XVII sections 184 and 185