Section 20 of Evidence Act

Section 20 of Evidence Act

Admissions by persons expressly referred to by party to suit.-

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

                                      Illustration

The question is, whether a horse sold by A to B is sound.

A says to B—“Goa and ask C. C knows all about it”. C’s statement is an admission

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Section 19 of Evidence Act

 Section 19 of Evidence Act

Admission by persons whose position must be proved as against party to suit.—

Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.

                                           Illustration

A undertakes to collect rents for B.

B sues A for not collecting rent due from C to B.

A denies that rent was due from C to B.

A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

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Section 18 of Evidence Act

Admission by party to proceeding or his agent.---

Statement made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.

By suitor in representative character.—Statements made by parties to suits, suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character.

Statement made by---

(1)    Party interested in subject-matter.—persons who have any propriety or pecuniary interest in the subject –matter of the proceeding, and who make the statement in their character of persons so interested, or

(2)    Person from whom interest derived.—persons from whom the parties to the suit have derived their interest in the subject-matter of the suit,

        Are admissions, if they are made during the continuance of the interest of the persons making the statements.

 








 

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Section 17 of Evidence Act- Admissions

Admissions

Section 17 of Evidence Act

An admission is a statement, oral or documentary or contained in
electronic form, which suggests any inference as to any fact in issue
or relevant fact, and which is made by any of the persons, and under
the circumstances, hereinafter mentioned.

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Section 16 of Evidence Act

 

 

 

 

 
Section 16 of Evidence Act

Existence of course of business when relevant.—

When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.

Illustrations                                                                     Illustrations

(a)    The question is, whether a particular letter was dispatched.

The fact that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant

 

(b)    The question is, whether a particular letter     reached A. The facts that it was posted in due course, and was not returned through the Dead Letter office, are relevant.

   


 

 

 

 

   

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Section 15 of Evidence Act

Facts bearing on question whether act was accidental or intentional.---

When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

Illustrations                                                                          Illustrations

(a)           A is accused of burning down his house in order to obtain money for which it is insured.

The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental.

(b)           A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive.

The question is, whether this false entry was accidental or intentional.

The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant.

(c)            A is accused of fraudulently delivering to B a counterfeit rupees.

The question is, whether the delivery of the rupee was accidental.

The facts that , soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B, was not accidental.

 

 

 

 

 

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Section 14 of Evidence Act

Facts showing existence of state of mind, of body or bodily feeling.---

Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will  towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant.

Explanation1.--- A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

Explanation2.--- But where, upon the trial of  a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.

  Illustrations                                                                    Illustrations

(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article.

The fact that , at the same time, he was  in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be given.

(b) A is accused of fraudulently delivering  to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit.

The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.

(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious.

The facts that the dog had previously bitten X, Y, and Z, and that they had made complaints to B, are relevant.

(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious.

The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.

(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.

The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A’s intention to harm B’s reputation by the particular publication in question.

The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

(f) A is sued by B for fraudulently representing  to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss.

The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith.

(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor.

A’s defence is that B’s contract was with C.

The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C’s own account, and not as agent for A.

(h) A is accused of the dishonest misappropriation of property which he had found , and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found.

The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found.

The fact that A knew that , or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing  that the fact that A knew of the notice did not disprove A’s good faith.

(i) A is charged with shooting at B with intent to kill him. In order to show A’s intent, the fact of A’s having previously shot at B may be proved.

(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing intention of the letters.

(k) The question is, whether A has been guilty of cruelty towards B, his wife.

Expressions of their being towards each other shortly before or after the alleged cruelty, are relevant facts.

(l) The question is, whether A’s death was caused by poison.  

Statements made by A during his illness as to his symptoms, are relevant facts.

(m) The question is, what was the state of A’s health at the time when an assurance on his life was effected.

Statements made by A as to the state of his health at or near the time in question are relevant facts.

(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.

The fact that B’s attention was drawn on other occasions to the defect of that particular carriage, is relevant.

The fact that B was habitually negligent about the carriage which he let to hire, is irrelevant.

(o) A is tried for the murder of B by intentionally shooting him dead.

The fact that A, on other occasions shot at B is relevant, as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to commit them, is irrelevant.

(p) A is tried for a crime.

The fact that he said something an intention to commit that particular crime is relevant.

The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.

 

 

 

 

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Section 13 of Evidence Act

Facts relevant when right or custom is in question.---- Where the question is as to the existence of any right or custom, the following facts are relevant:-

(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted, or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognised, or exercised or in which its exercise was disputed, asserted or departed from.

Illustration                                                                    Illustration

The question is, whether A has a right to a fishery. A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.

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Section 12 of Evidence Act

Section 12 of Evidence Act

In suits for damages, facts tending to enable Court to determine amount are relevant.—

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.

 

 

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Section 11 of Evidence Act

When facts not otherwise relevant become relevant.--- Facts not otherwise relevant are relevant—

(1) if they are inconsistent with any fact in issue or relevant fact;

(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable                             Illustrations

(a) The question is, whether A committed a crime at Calcutta on a certain day.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

(b) The question is, whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D, every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is relevant.

 

 

 

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Section 10 of Evidence Act

Things said or done by conspirator in reference to common design.---

Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party                                                                                   Illustration

(i) Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India.

(ii) The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writing advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done  were strangers to him, and although they have taken place before he joined the conspiracy or after he left it.

 

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Section 9 of Evidence Act

Facts necessary to explain or introduce relevant facts.---

Facts necessary to explain or introduce a fact in issue or relevant fact, or which supports or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

                                     Illustrations

(a) The question is, whether a given document is the Will of A.

The state of A’s property and of his family at the date of the alleged Will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true.

The position and relations of the parties at the time when libel was published may be relevant facts as introductory to the facts in issue.

The particulars of dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.

(c) A is accused of a crime.

The fact that, soon after the commission of the crime, A abscond from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue.

The fact that, at the time when he left home, he had sudden and urgent business at the place, to which he went, is relevant, as tending to explain the fact that he left home suddenly.

The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B for inducing C to break a contract of service made by him with A.C., on leaving A’s service, says to A—“I am leaving you because B has made me a better offer”. This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.

(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says, as he delivers it---“A says you are to hide this”. B’s statement is relevant as explanatory of a fact which is part of the transaction.

(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.

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Section 8. of Evidence Act

Section 8. of Evidence Act

Motive, preparation and previous or subsequent conduct,--

Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1.----The word “conduct” in this section does not include statements; unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2. --- When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations

(a) A is tried for the murder of B.

The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for the payment of money. B denies the making of the bond.

The fact that, at the time when the bond was alleged to be made B required money for a purpose is relevant.

(c) A is tried for the murder of B by poison.

The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.

(d) The question is, whether a certain document is the will of A.

The fact that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant.

(e) A is accused of a crime.

The fact that, either before or at the time of , or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is, whether A robbed B.

The facts that, after B was robbed, C said in A’s presence---- “the police are coming to look for the man who robbed B”, and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B rupees 10,000.

The facts that A asked C to lend him money, and D said to C in A’s presence and hearing---“I advise you not to trust A, for he owes B 10,000 Rupees”, and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime.

The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.

(i) A is accused of a crime.

 The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is, whether A was ravished.

The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant.

The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

(k) The question is, whether A was robbed.

The fact that, soon after the alleged robbery, he made complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant.

The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

 

 

 

 

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Section 7 of Evidence Act

Facts which are the occasion, cause or effect of facts in issue.—

Facts which are the occasion, cause, or effect immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

      Illustrations

 (a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.

(b) The question is, whether A murdered B.

Marks on the ground, produced by the struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B.

The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

 

 

 

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Section 7 of Evidence Act

Section 7 of Evidence Act

Facts which are the occasion, cause or effect of facts in issue.—

Facts which are the occasion, cause, or effect immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

      Illustrations

 (a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.

(b) The question is, whether A murdered B.

Marks on the ground, produced by the struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B.

The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

 

 

 

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Section 6 of Evidence Act, 1872

Relevancy of facts forming part of same transaction.--- Facts which though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

Illustrations

(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked, and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them.

(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it contained, are relevant facts, though they do not contain the libel itself.

(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

 

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SECTION 5.OF THE EVIDENCE ACT

Chapter II

Of THE RELEVANCY OF FACTS

SECTION 5.OF THE EVIDENCE ACT-Evidence may be given of facts in issue and relevant facts.--- Evidence may be given in any suit or proceedings of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Explanation.--- This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.

           Illustrations

(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.

At A’s trial the following facts are in issue:---

A’s beating B with the club;

A’s causing B’s death by such beating;

A’s intention to cause B’s death.

(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.

 

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Section 4 of the Evidence Act, 1872

Section 4. "May presume".--- Whenever it is provided by this Act that
the Court may presume a fact, it may either regard such fact as
proved, unless and until it is disproved, or may call for proof of it.

"Shall presume".---whenever it is directed by this Act that the Court
shall presume a fact, it shall regard such fact as proved, unless and
until it is disproved.

"Conclusive proof".--- When one fact is declared by this Act to be
conclusive proof of another, the Court shall, on proof of the one
fact, regard the other as proved, and shall not allow to be given for
the purpose of disproving it.

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Section 3. Interpretation clause.-- of Indian Evidence Act, 1872

Section 3. Interpretation clause.— of Indian Evidence Act, 1872

In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context.

“Court”.---“ Court” includes all judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.

“Fact”.—“Fact” means and includes-

(1) any thing , state of things, or relation of things, capable of being perceived by the senses;

(2) any mental condition of which any person is conscious.

(a) That there are certain objects in a certain order in a certain place, is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, if a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or was  at a specified time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact.

“Relevant”.—One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

“Facts in issue”.--- The expression “facts in issue” means and includes--- any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

Explanation.--- Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue, is a fact in issue.

Illustrations

A is accused  of the murder of B.

At his trial the following facts may be in issue:-

That A caused B’s death;

That A intended to cause B’s death;

That A had received grave and sudden provocation from B;

That A at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature.

“Document”.—“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or any more than one of the those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations

A writing is a document;

Words printed, lithographed or photographed are documents;

A map or plan is a document;

An inscription on a metal plate or stone is a document;

A caricature is a document.

“Evidence”.---“Evidence” means and includes----

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;

( 2) all documents including  electronic records produced for the inspection of the court, such documents are called documentary evidence.

“Proved”.—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

“Disproved”.—A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not  exist.

“Not proved”.—A fact is said not to be proved when it is neither proved nor disproved.

“India”.--- “India” means the territory of India excluding the State of Jammu and Kashmir.

The expressions “Certifying Authority”, electronic signature, Electronic Signature Certificate, “electronic form”, “Electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).

 

 

 

 

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SECTION 1-THE INDIAN EVIDENCE ACT

THE INDIAN EVIDENCE ACT

(ACT NO. 1 OF 1872)

(AS MODIFIED UP-TO-DATE)

Received the Governor-General’s Assent on March 15, 1872

Preamble.- Whereas it is expedient to consolidate, define and amend the law of Evidence; it is hereby enacted as follows:-

       PART I

RELEVANCY OF FACTS

      CHAPTER I

PRELIMINARY

SECTION 1.—SHORT title, extent and commencement.-  This Act may be called the Indian Evidence Act, 1872.

It extends to the whole of India except the State of Jammu and Kashmir applies to all judicial proceedings in or before any court, including Courts-martial other than Courts-martial convened under the Army Act (44 & 45 Vict., 58), The Naval Discipline Act (29 & 30 Vict., c. 109) or the Indian Navy (Discipline) Act, 1934 (34 of 1934) or the Air Force Act (7 Geo. 5, c. 51) but not to affidavits presented to any Court or Officer, not to proceedings before an arbitrator;

And it shall come into force on the first day of September, 1872.

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CHAPTER XI OF CRIMINAL PROCEDURE CODE-- Preventive Action of the Police

  CHAPTER XI OF CRIMINAL PROCEDURE CODE

Preventive Action of the Police

Section 149. Police to prevent the cognizable offences.

 Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

Section 150. Information of design to commit cognizable offence.

Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Section 151. Arrest to prevent the commission of cognizable offence.

(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from the Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot otherwise prevented.

(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.

Section 152. Prevention of injury to public property.

A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public land mark or buoy or other mark used for navigation.

Section 153. Inspection of Weights and measures

(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

 

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/chapter xxxv of Cr. p. c.-Irregular proceedings

Section 462 of Cr. P. C.-Proceedings in the wrong place.

No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area unless it appears that such error has in fact occasioned a failure of justice.

Section 463-Non compliance with provisions of section 164 or section 281.

(1) If any court before which a confession or other statement of an accused person recorded, or purported to be recorded under section 164 or section 261, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference and revision.

Section 464-Effect of omission to frame, or absence of, or error in charge.

(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission, or irregularities in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

(2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned it may-

(a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommended from the point immediately after framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:

Provided that if the court is of the opinion that facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

Section 465. Finding or sentence when reversible by reason of error, omission or irregularity.

 (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation or revision on account of any error, omission or irregularities in the complaint, summons, warrant, proclamation, order, judgement or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Section 466-Defect or error not to make attachment unlawful.

No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed, a trespasser, on account of any defect or want of form in the summons, convictions, writ of attachment or other proceedings relating thereto.

 

 

 

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Sec 461 of Criminal Procedure Code-Irregularities which vitiate proceedings

If any Magistrate not being empowered by law in this behalf, does any of the following things, namely-

(a) attaches and sells property under section 83.

(b) issues a search –warrant for a document, parcel or other thing in the custody of a postal or telegraph authority.

(c) demands security to keep peace.

(d) demands security for good behaviour.

(e) discharges a person lawfully bound to be of good behaviour.

(f) cancels a bond to keep the peace.

(g) makes an order for maintenance.

(h) makes an order under section 133 as to a local nuisance.

(i) prohibits, under section 143, the repetition or continuance of a public nuisance.

(j) makes an order under Part C or Part Dof Chapter X.

(k) takes cognizance of an offence ujnder clause (c) of sub-section (1) of section 190.

(l) tries an offender.

(m) tries an offender summarily.

 (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate.

(o) decides an appeal.

(p) calls, under section 397, for proceedings, or

(q) revises an order passed under section 446, his proceedings shall be void.

 

 

 

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CHAPTER XXXV- Criminal Procedure Code- IRREGULAR PROCEEDINGS

Section 460.- Irregularities which do not vitiate proceedings.

If any Magistrate not empowered by law to do any of the following things:-

(a) to issue a search –warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold and inquest under section 176;

(d) to issue process under section 187, for the apprehension of a
person within his local jurisdiction who has committed an offence
outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of
sub section (1) of section 190;

(f) to make over a case under-section (2) of section 192;

(g) to tender a pardon under section 306;

(h) to recall a case and try it himself under section 410; or

(i) to sell property under section 458 or section 459, erroneously in
good faith does that thing, his proceedings shall not be set aside
merely on the ground of his not being so empowered.

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Section 473. Extension of period of limitation in certain cases.

Notwithstanding anything contained in the foregoing  provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

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Section 472. Continuing offence

In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment to the time during which the offence continues.

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Section 471. Exclusion of date on which Court is closed.

Where the period of limitation expires on a day when the Court is closed, the court may take cognizance on the day on which the court reopens.

Explanation—A Court shall be deemed to be closed on any day within the meaning of this section, if during  its normal working hours, it remains closed on that day.

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Section 470. Exclusion of time in certain cases.

(1) In computing the period of limitation, the time during which any person has  been prosecuting with due diligence another prosecution, whether in a court of first instance or in a court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

(4) In computing the period of limitation, the time during which the offender—

(a) has been absent from India or from any territory outside India which is under the administration of the Central Government, or

(b) has avoided arrest by absconding or concealing himself, shall be excluded.

 

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Section 469. Commencement of the period of limitation.

(1) The period of limitation, in relation to an offender, shall commence,-

(a) On the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) Where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

 

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LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER- XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three year, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purpose of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

 

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Section- 482. Of Criminal Procedure Code-Saving of inherent powers of High Court.

Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

 

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FOURTH SCHEDULE--ALLOCATION OF SEATS IN THE COUNCIL OF STATES

FOURTH SCHEDULE

[Articles 4 (1) and 80 (2)]

ALLOCATION OF SEATS IN THE COUNCIL OF STATES

For each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union Territory, as the case may be.

                               TABLE

1. Andhra Pradesh                            18

2. Assam                                      7                                                                 3.Bihar                                                16                                   

4. Jharkhand                                         6

5. Goa                                                    1

6. Gujarat                                             11

7. Haryana                                             5

8. Kerala                                                 9

9. Madhya Pradesh                             11

10. Chhattisgarh (Chattisgarh)            5

11 Tamil Nadu                                      18

12. Maharashtra                                   19

13. Karnataka                                       12

14. Orissa (Odissa)                              10

15. Punjab                                              7

16. Rajasthan                                       10

17. Uttar Pradesh                                 31

18. Uttaranchal (Uttarakhand)              3

19. West Bengal                                   16

20. Jammu and Kashmir                       4

21. Nagaland                                           1

22. Himachal Pradesh                            3

23. Manipur                                             1

24. Tripura                                               1

25. Meghalaya                                         1

26. Sikkim                                                1

27. Mizoram                                             1

28. Arunachal Pradesh                           1

29. Delhi                                                   3

30. Pondicherry.                                      1

                                                  Total—[233]            

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SCHEDULE-12 OF THE CONSTITUTION OF INDIA

SCHEDULE-12 OF THE CONSTITUTION OF INDIA

*[Article 243W]

1. Urban planning including town planning.

2. Regulation of land use and construction of buildings.

3. Planning of economic and social development.

4. Roads and bridges.

5. Water supply for domestic, industrial and commercial purposes.

6. Public health, sanitation conservancy and solid waste management.

7. Fire services.

8. Urban forestry protection of the environment and promotion of ecological aspects.

9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.

10. Slum improvement and upgradation.

11. Urban poverty alleviation.

12. Provisions of urban amenities and facilities such as parks, gardens, play-grounds.

13. Promotion of cultural, educational, and aesthetic aspects.

14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums.

15. Cattle ponds; prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus stops and public conveniences.

18. Regulation of slaughter houses and tanneries.

 * Ins. by the Constitution (Seventy-fourth Amendment) Act, sec. 4 (w.e.f. 1-6-1993).

 

 

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ELEVENTH SCHEDULE

The Constitution of India—Schedule 11

*  ELEVENTH SCHEDULE

    [Article 243G]

1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, land consolidation and soil conservation.

3. Minor irrigation, water management and watershed development.

4. Animal husbandry, dairying and poultry.

5. Fisheries.

6. Social forestry and farm forestry.

7. Minor forest produce.

8. Small scale industries, including food processing industries.

9. Khadi, village and cottage industries.

10. Rural housing.

11. Drinking water.

12. Fuel and fodder.

13. Roads, culverts, bridges, ferries, waterways and other means of communication.

14. Rural electrification, including distribution of electricity.

15. Non-conventional energy sources.

16. Poverty alleviation programme.

17. Education, including primary and secondary schools.

18. Technical training and vocational education.

19. Adult and non-formal education.

20. Libraries.

21. Cultural activities.

22. Markets and fairs.

23. Health and sanitation, including hospitals, primary health centres and dispensaries.

24. Family welfare.

25. Women and child development.

26. Social welfare, including welfare of the handicapped and mentally retarded.

27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.

28. Public distribution system.

29. Maintenance of community assets.

* Added by the Constitution (Seventy-third Amendment) Act, 1992, section 4 (w.e.f. 24.4.93).

 

 

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List III—Concurrent List

1. Criminal law, including all matters included in the Indian Penal
Code at the commencement of this Constitution but excluding offences
against laws with respect to any of the matters specified in List I or
List II and excluding the use of naval, military or air forces or any
other armed forces of the Union in aid of the civil power.

2. Criminal Procedure, including all matters included in the Code of
Criminal Procedure at the commencement of this Constitution.

3. Preventive detention for reasons connected with the security of a
State, the maintenance of public order, or the maintenance of supplies
and services essential to community; persons subject to such
detention.

4. Removal from one State to another State of prisoners, accused
persons and persons subject to preventive detention for reasons
specified in entry 3 of this list.

5. Marriage and divorce, infants and minors, adoption, wills,
intestacy and succession, joint family and partition, all matters in
respect of which parties in judicial proceedings were immediately
before the commencement of this Constitution subject to their personal
law.

6. Transfer of property other than agricultural land, registration of
deeds and documents.

7. Contracts, including partnership agency, contracts of carriage, and
other special forms of contracts, but not including contracts relating
to agricultural land.

8. Actionable wrongs.

9. Bankruptcy and insolvency.

10. Trust and Trustees.

11. Administrators-gerneral and official trustees.

11A. Administration of justice constitution and organisation of all
courts, except the Supreme Court and the High Court and the High
Courts.

12. Evidence and oaths, recognition of laws, public acts and records,
and judicial proceedings.

13. Civil procedure, including all matters included in the Code of
Civil Procedure at the commencement of this Constitution, limitation
and arbitration.

14. Contempt of court, but not including contempt of the Supreme Court.

15. Vagrancy, nomadic and migratory tribes.

16. Lunacy and mental deficiency, including places for the reception
or treatment of lunatics and mental deficients.

17. Prevention of cruelty to animals.

17A.Forests.

18. Adulteration of foodstuffs and other foods.

19. Drugs and poisons, subject to the provisions of entry 59 of List I
with respect to opium.

20. Economic and social planning.

20A. Population control and family planning.

21. Commercial and industrial monopolies, combines and trusts.

22. Trade unions; industrial and labour disputes.

23. Social security and social insurance; employment and unemployment.

24. Welfare of labour including conditions of work, provident funds,
employers' liability, workmen's compensation, invalidity and old age
pensions and maternity benefits.

25. Education, including technical education, medical education and
universities, subject to the provisions of entries 63, 64, 65and 66 of
List I; vocational and technical training of labour.

26. Legal, medical and other professions.

27. Relief and rehabilitation of persons displaced from their original
place of residence by reason of the setting up of the Dominions of
India and Pakistan.

28. Charities and charitable institutions, charitable and religious
endowments and religious institutions.

29. Prevention of extension from one State to another of infectious or
contagious diseases of pests affecting men, animals or plants.

30. Vital statistics including registration of births and deaths

31. Ports other than those declared by or under law made by Parliament
or existing law to be major ports.

32. Shipping and navigation on inland waterways as regards
mechanically propelled vessels, and the rule of the road on such
waterways, and the carriage of passengers and goods on inland
waterways subject to the provisions of List I with respect to national
waterways.

33. Trade and commerce in, and the production, supply and distribution of,-

(a) the products of any industry where the control of such industry by
the Union is declared by Parliament by law to be expedient in the
public interest, and imported goods of the same kind as such products;

(b) foodstuffs, including edible oilseeds and oils;

(c) cattle fodder, including oilcakes and other concentrates;

(d) raw cotton, whether ginned or unginned, and cotton seed; and

(e) raw jute.

33A. Weights and measures except establishment of standards.

34.Price control.

35. Mechanically propelled vehicles including the principles on which
taxes on such vehicles are levied.

36. Factories.

3. Boilers.

38. Electricity.

39. Newspapers, books and printing presses.

40. Archaeological sites and remains other than those declared by or
under law made by Parliament to be of national importance.

41. Custody, management and disposal of property (including
agriculture land) declared by law to be evacuee property.

42. Acquisition and requisitioning of property.

43. Recovery in a State of claims in respect of taxes and other public
demands, including arrears of land revenue and sums recoverable as
such arrears, arising outside that State.

44. Stamp duties other than duties or fees collected by means of
judicial stamps, but not including rates of stamp duty.

45. Inquiries and statistic for the purposes of any of the matters
specified in List II or List III.

46. Jurisdiction and powers of all courts, except the Supreme Court,
with respect to any of the matters in this List.

47. Fees in respect of any of the matters in this List, but not
including fees taken in any court.

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List II—State List

1. Public order ( but not including [ the use of any naval, military or Air Force or any other armed forces of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof] in aid of the civil power).

2. Police (including railway and village police) subject to the provisions of entry 2A of List I.

3. Officers and servants of the High Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.

4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangement with other States for the use of prisons and other institutions.

5. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.

6. Public health and sanitation; hospitals and dispensaries.

7. Pilgrimages, other than pilgrimages to places outside India.

8. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.

9. Relief of the disabled and unemployable.

10. Burials and burial grounds; cremations and cremation grounds.

11. Omitted by 42nd Constitutional Amendment in 1976.

12. Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.

13. Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.

14. Agriculture, including agriculture education and research, protection against pests and prevention of plant diseases.

15. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.

16. Pounds and the prevention of cattle trespass.

17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I.

18. Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agriculture loans; colonization.

19-20. Omitted by the Constitution (Forty-second Amendment) Act, 1976.

21. Fisheries.

22. Courts of Wards subject to the provisions of entry 34 of List I; encumbered and attached estates.

23. Regulation of mines and mineral development subject to the provisions of list I with respect to regulation and development under the control of the Union.

24. Industries subject to the provisions of entries 7 and 52 of List I.

25. Gas and gas-works.

26. Trade and commerce within the State subject to the provisions of entry 33 of List III.

27. Production, supply and distribution of goods subject to the provisions of entry 33 of List III.

28. Markets and fairs.

29. Omitted by the Constitutional (Forty-second Amendment) Act, 1976.

30. Money-lending and money lenders; relief of agriculture indebtedness.

31. Inns and inn-keepers.

32. Incorporation, regulation and winding up of corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies.

33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements.

34. Betting and gambling.

35. Works, lands and buildings vested in or in the possession of the State.

36. Omitted by the Constitution 7th Amendment Act, 1956.

37. Elections to the Legislature of the State subject to the provisions of any law made by Parliament.

38. Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.

39. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof, and, of there is a Legislative Council, of that Council and of the members and the Committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.

40. Salaries and allowances of Ministers of the State.

41. State Public Services; State Public Service Commission.

42. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.

43. Public debt of the State.

44. Treasure trove.

45. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.

46. Taxes on agricultural income.

47. Duties in respect of succession to agriculture land.

48. Estate duty in respect of agricultural land.

49. Taxes on lands and buildings.

50.Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.

51.Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:-

(a) alcoholic liquors for human consumption;

(b) opium, Indian hemp and other narcotic drugs and narcotics,

but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

52. Taxes on the entry of goods into a local area for consumption, use or sale therein.

53. Taxes on the consumption or sale of electricity.

54. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A of List I.

55. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television.

56. Taxes on goods and passengers carried by road or on inland waterways.

57. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.

58. Taxes on animals and boats.

59. Tolls.

60. Taxes on professions, trades, callings and employments.

61. Capitation taxes.

62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.

63. Rates of Stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.

64. Offences against laws with respect to any of the matters in this list.

65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.

66. Fees in respect of any of the matters in this List, but not including fees taken in any court.

 

 

 

 

 

 

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List I---- Union List- [Article 246]

Seventh Schedule of the Constitution

[Article 246]

List I---- Union List

1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination of effective demobilisation.

2. Naval, military and air forces; any other armed forces of the Union.

2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.

3. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.

4. Naval, military and air force works.

5. Arms, firearms, ammunition and explosives.

6. Atomic energy and mineral resources necessary for its production.

7. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war.

8. Central Bureau of Intelligence and Investigation.

9. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subject to such detention.

10. Foreign affairs; all matters which bring the Union into relation with any foreign country.

11. Diplomatic, consular and trade representation.

12. United Nations Organisation.

13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.

14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries.

15. War and peace.

16. Foreign Jurisdiction.

17. Citizenship, naturalisation and aliens.

18. Extradition.

19. Admission into, and emigration and expulsion from, India; passports and visas.

20. Pilgrimages to places outside India.

21. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.

22. Railways.

23. Highways declared by or under law made by Parliament to be national highways.

24. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such ways.

25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.

26. Lighthouses, including lightships, beacons and other provisions of port authorities therein.

27. Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation and the constitution and powers of port authorities therein.

28. Port quarantine, including hospitals connected therewith; seamen's and marine hospitals.

29. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.

30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.

31. Posts and telephones; telephones, wireless, broadcasting and other like forms of communication.

32. Property of the Union and the revenue therefrom,  but as regards property situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides.

34. Courts of wards for the estates of Rulers of Indian States.

35. Public debt of the Union.

36. Currency, coinage and legal tender; foreign exchange.

37. Foreign loans.

38. Reserve Bank of India.

39. Post office savings Bank.

40. Lotteries organised by the Government of India or the Government of a State.

41. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers.

42. Inter-State trade and commerce.

43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.

44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.

45. Banking.

46. Bills of exchange, cheques, promissory notes and other like instruments.

47. Insurance.

48. Stock exchange and future markets.

49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.

50. Establishment of standards of weight and measure.

51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.

52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.

53. Regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.

54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.

55. Regulation of labour and safety in mines and oilfields.

56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.

57. Fishing and fisheries beyond territorial waters.

58. Manufacture, supply and distribution of salt by Union agencies, regulation and control and control of manufacture, supply and distribution of salt by other agencies.

59. Cultivation, manufacture, and sale for export, of opium.

60. Sanctioning of cinematograph films for exhibition.

61. Industrial disputes concerning Union employees.

62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.

63. The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of Article 371E; and any other institution declared by Parliament by law to be an institution of national importance.

64. Institution for scientific or technical education financed by the Government of India wholly or in part and declared by parliament by law to be institutions of national importance.

 

65. Union agencies and institutions for—

(a) professional, vocational or technical training, including the training of police officers; or

(b) the promotion of special studies or research; or

(c) scientific or technical assistance in the investigation or detection of crime.

66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.

67. Ancient and historical monuments and records, and archaeological sites and remains, declared by or under the law made by Parliament to be of national importance.

68. The survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.

69. Census.

70. Union Public Services; All India Services; Union Public Service Commission.

71. Union pensions, that is to say, pensions payable by the Government of India or out of consolidated Fund of India.

72. Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; Election Commission.

73. Salaries and allowances of members of Parliament, the Chairman and the Deputy Chairman of the Council of the States and the Speaker and Deputy Speaker of the House of the People.

74. Powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House; enforcement of attendance of persons for giving evidence or producing  documents before committees of Parliament or commissions appointed by Parliament.

75. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and the Governors; salaries and allowances of the Ministers for the Union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor –General.

76. Audit of the accounts of the Union and of the States.

77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such court), and the fees taken therein; persons entitled to practise before the Supreme Court.

78. Constitution and organisation (including vacations) of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practise before the High Courts.

79. Extension of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from, any Union Territory.

80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.

81. Inter-State migration; inter-State quarantine.

82. Taxes on income other than agriculture income.

83. Duties of customs including export duties.

84. Duties of excise on tobacco and other goods manufactured or produced in India except---

(a) Alcoholic liquor for human consumption.

(b) Opium, Indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

85. Corporation Tax.

86. Taxes on the Capital value of the assets, exclusive of agriculture land, of individuals and companies; taxes on the capital of companies.

87. Estate duty in respect of property other than agriculture land.

88. Duties in respect of succession to property other than agriculture land.

89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.

90. Taxes other than stamp duties on transactions in stock exchange and futures markets.

91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.

92. Taxes on the sale or purchase of newspapers and on advertisements published therein.

92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce.

92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.

92C. Taxes on services.

93. Offences against laws with respect to any of the matters in this List.

94. Inquiries, surveys and statistics for the purpose of any of the matters in this List.

95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List; admiralty jurisdiction.

96. Fees in respect of any of the matters in this List, but not including fees taken in any court.

97. Any other matter not enumerated in List II and List III including any tax not mentioned in either of those Lists.

 

 

 

 

 

 

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Languages-Eighth Schedule of the Constitution of India

Eighth Schedule of the Constitution of India

[Article 344(1) and 351]

Languages

1. Assamese.

2. Bengali.

3. Bodo.

4. Dogri.

5. Gujarati.

6. Hindi.

7. Kannada.

8. Kashmiri.

9. Konkani.

10. Maithili.

11. Malayalam.

12. Manipuri.

13. Marathi.

14. Nepali.

15. Oriya.

16. Punjabi.

17. Sanskrit.

18. Santhali.

19. Sindhi.

20. Tamil.

21. Telugu.

22. Urdu

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Article 371D.Special provisions with respect to the State of Andhra Pradesh

The Constitution (Thirty-second Amendment) Act, 1973, sec. 3 (w.e.f. 1-7-1974.)

Article 371D.Special provisions with respect to the State of Andhra Pradesh.- (1) The President may, by order made with respect  to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various part of the State.

(2) An order made under clause (1) may, in particular,-

(a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principle and procedure as may be specified in the order the persons holding such post to the local cadres so originated;

(b) specify any part or parts of the State which shall be regarded as the local area-

(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this Article or constituted otherwise) under the State Government;

(ii) for direct recruitment to posts in any cadre under any local authority within the State ; and

(iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;

(C) specify the extent to which, the manner in which and the conditions subject to which preference or reservation shall be given or made-

(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;

(ii) in the matter of admission to any such University or other educational institution referred to sub-clause (b) as may be specified as may be specified in this behalf in the order,

  To or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be.

(3) The President may, by order, provide for the Constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the Constitution(Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any Tribunal or other authority as may be specified in the order with respect to the following matters, namely:-

(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order;

(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of civil posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order.

(4) An order made under clause (3) may-

(a) authorise the Administration Tribunal to receive representations for the redressal of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;

(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal(including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary;

(c) provide for the transfer of the Administrative Tribunal of such classes of proceeding, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or Tribunal or other authority immediately before the commencement of such order, as may be specified in the order;

(d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary.

(5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:

Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified from or be of no effect, as the case may be.

(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.

(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power, or authority in respect of any matter subject to the jurisdiction, power or authority of; or in relation to, the Administrative Tribunal.

(8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may be order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal  of cases pending before the Tribunal immediately before such abolition.

(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,--

(a) no appointment, posting, promotion or transfer of any person-

(i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or

(ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973 to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and

(b) no action taken or thing done by or before any person referred to in sub-clause (a),

Shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer.

(10) The provisions of this Article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

[1] Ins. by the Constitution (Thirty-second Amendment) Act, 1973, sec. 3 (w.e.f. 1-7-1974)

                                 Notes on Article 371D

Article 371D (1) of the Constitution unequivocally indicates that the said Article and any order made by the President thereunder shall have effect notwithstanding anything in any other provision of the Constitution or in any other law for the time being in force; V. Jagannadha Rao v. State of Andhra Pradesh, AIR 2002 SC 77.

In Article 371D (1) the expression 'public employment' includes direct recruitment as well as promotion. Article 371D (2) does not restrict the scope of Article 371D (1) but particularises it in relation to direct recruitment. It is complementary to clause (1); Government of Andhra Pradesh v. Suryanarayana, Air 1991 SC 2113, Paragraph 7.

A. P. Panchayati Raj Engineering Services Rules, 1963, rule 2A, (introduced in 1979) has to be given retrospective effect, so that promotions abroad do not have to be required as provisional and subject to review and readjustment; Government of Andhra Pradesh v. Suryannarayana, AIR 1991 SC 2113, paragraph 7.

Once the President makes an order under Article 371D (1) and (2) the State Government loses its inherent power to deal with matters relating to services, it may exercise its powers on matters dealt within the Presidential order only in the manner specified in the order; Prakasha v. C.C. T., (1990) 2 SCC 259 (3 Judges).

Appeal by special leave lies to the Supreme Court from orders of the Andhra Pradesh Administrative Tribunal, inter alia-

(i) Where the order of the Tribunal is without jurisdiction; A.P. S. E. B. v. Hai, AIR 1992 SC 1542, paragraph 7.

(ii) Where the order of the Tribunal is without jurisdiction; A.P. S. E. B. v.
Azami, (1992) Supp 1 SCC 660, paragraph 7.

Article 371E. Establishment of Central University in Andhra Pradesh.- Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

 

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