98
(Schedule 111.-Ordinary Powers of Magistrates)
SCHEDULE III
('See sectio,z 36)
ORDINARY POWERS OF MAGISTRATES
I. - On/mar y Powers of a Magistrate of the Third class
1) Po er to arrest or direct the arrest of, and to comm it to custod y, a
person committing ail in his presence, section 64.
(2) Power to arrest, or direct the arrest in his presence of, ail
section 65.
(3) Pov er to endorse a \ arrant, or to order the removal of an accused
person arrested under a warrant, sections 83, 84 and 86.
(4) Power to issue proclamations in cases judicially before him, section
87.
(5) Poer to attach and sell property and to dispose of claims to
attached property in cases judiciall y before him, section 88.
(6) Power to restore attached property in cases judicially before him,
section 88.
(7) Pover to require search to be made for letters and telegrams, section
95.
(8) Power to issue search-warrant, section 96.
(9) Power to endorse a search-warrant and order delivery of thing
found, section 99.
(10) Power to command unlawful assembl y to disperse, section 127.
(1 I ) Poer to use civil force to disperse unlawful assembl y , section 128.
(12) Power to require ni ill itarv force to he used to disperse u n la fu I
assembly, section 130.
(13) (Repealed by Act XVIII of 1928).
.4) Pov er to authorise detention not being detention in t lie custod y of
the police of a person during a police investigation, Section 167.
(14a)Power to postpone issue of process and inquire into case himself,
section 202.
(15) Power to detain ail found in Court, section 351.
(16) (Repealed by Act XXXVII of 1925).
99
(Schedule III. - Ordin a' Powers oJ Mug istraIc')
SCHEDULE III. - conted.
1. - Ordinary powers of a Magistrate of the Third Cla.s- Co,iic(L
7 ).Po er to appl y to District Maizistrate to issue commiSsiOn for
exam mat ion of witness, section 506 (2).
(1$) Power to recover forfeited bond for appearance before Magistrates
Court, section 5 14 and to require fresh security, section 51 4A.
8a)Power to make order as to custod y and disposal of property pending
inquiry or trial, section 51 6A.
19) Power to make order as to disposal of property, section 517.
(20) Power to sell propert y of a suspected character, section 525.
(2 1 ) Power to require affidavit in support of application, section 539A.
(22) Power to make local inspection, section 539B.
IL - Ordinary Powers of a Magistrate of the Second Class.
(1) The ordinary powers of a Magistrate of the third class.
(2) Power to order the police to in est i g ate an offence in cases ill
the Magistrate has jurisdiction to try or send for trial, section 155.
(3) Power to postpone issue of process and to inquire into a case or
direct investigation, section 202.
(4) (Repealed b y Act XVIII of' 1923).
III.- Ordinary Powers ala Ma ,, 14strate of the First Class.
(1) The ord inar\ p ers of a Ma g istrate cl the second class.
(2) Poer to issue search-arraiit othcr\\isc than in course of an
m(luir\. section Qt.
(3) IO\ er to issue search-a arrnt or di co\ \ of, perois ronotii I I\
confined, Section 100.
(4) Po\\ e to require securit\ to keep the peace, section 1 07,
(5) Po\% er to require securit for good helm iour, section 109.
(6) Po er to dischar ge sureties section I 26A.
(6a) Po\\ er to make orders a to local nu isances, seion 133.
(7) Po\' er to nvike orders, etc. in possession cases sections 145, 146
and 147.
/
(7a) to order released cons icts to notik residence section
100
(Sc/i ('hulL' III, - OT(11I1UTV Powers of Ma,'is/raIer)
SCHEDULE III. - conted.
I f'- Orilhuturt poiic'r.v of a Sullii'isio,:al .IUi.S (rOIL' (lJ)JO'ifttCu
ii,itler SL'c(lOfi 11.
(1 ) I he orJrnir\ per of a \Iaeistate of the first class.
(2) Poer to direct arrants to landholders. section 78.
(3) Po\\ er to reiLI ire secirrrt Or g ood behaviour, section I I ft
(4) (Repealed h Act XVIII of 1923).
(5) I 1 0 er to make orders prohibiting repetitions of nuisances, sect ioiis
43.
() Potter to make orders under section 144.
(7) Potter to depute Subordinate Magistrate to make local inqu rv,
section 148,
(8) Potter to order police investi g ation into cognizable case, sect ion
156.
(9) Potter to recei\no report of' p01 ice-ofticer and pass order, sect ion
(10) (Repealed b\ Act xn iii of 923).
1 Po\\er to issue process for person v ithiin local jurisdiction \\ ho
tins coiiiinmtted an ofhcllce outside the local jurisdiction, section
186.
I 2) Po\\ ci to entertain corn par Us, section 1 90.
(13) Poe, er to receive police-reports, section 190.
14) Poer to eritertani cases \\ithont complaint, section 190.
(151 Poem to transfer cases to a Subordinate Ma g rsir;rte, section
16) Po\\ ci to pi sentence on proceedings recorded b\ a Sn liord nate
\laorurate. sect ion 349.
l'oer to tor\\:rr j record of interior ourt to l)isrict \l,iotr,i;c.
section 435 (2).
I 8) Po\\ er to sell proper alle g ed or suspected to hla\ e heen si'leii,
etc.. section 524,
I 9 Po tt er to mtlldra\\ cases other than appeals. :mrtd to in or refer
tIlemn or trial. section 528.
(20) (Repealed bw An .iii of 1923).
53-
101
(ScIu'dlII(? III. - Ordinar y Pm%t'rS of.%IagiStratL'S)
LE 111. - corited.
SCHEDULE
I - Ordinar y PotcrS of a Diirict .11ai.s(rat€'
Ike ordiiiar\ O\\ ers of a Suhdi\ isional \laeistrate.
section 20l.
Po\\er to tr\ ti\eflhlc itendcrs.
:0
L)
l'ocr to reLiture deII\ cr of letters icleiiiit'. etc. scctton
in ciitod of postal
Po\\ cr to IsiC earch-\\ rrants tot cLilelits
L
or tcleeraph :ruthorit>. section Q0.
ise of ditioti,
l > o\\cr to require cuit for eood heha\ our in
sect on 08.
S I > o\\ er to dischtire persons hound to keep the peac or to he of
oJ heha our, section I 4.
((i) Po\\ er to c . ill cel bond for keepuie tire peace.
eat ion b y police officer not
(6:1 I Po Cr to order prel ml jnar\ in est
beIo the rank of Inspector
III eases, Section I Q6B.
() Po' cr10 liv summaril y , sect loll 260.
Po\\ er to tender pardon to accomplice at all\ stage of a case.
section 337.
8) Po\\ er to quash con\ j et ions iii certain cases. section 3 50.
1 )1 Po\\ er to hear appeals from orders requiring sec urit> for keeping
tire peace or ood beha\ our, sect ion -106.
()a) Po cr to hear appeals from orders of Niagistrates refusing to
accept or rejecting sureties, section 406A.
(10) Po er to hear or refer appeals fro Ill coiivictioils lr 1agistrates of
tire second and third classes, section 407.
I I ) i'os er to call for records, sect ion 435.
1 2) Po\\ er to order ifiquiry into coiiipiairt dismissed or case of
accused discharged, section 436.
Court Di\ ision, sect ion 438.
1(1 2a) Po\\ ci to report case to the 1111211 *
*
(13 )Oui tied b\ Ord. XLIX of J)78
* * *
(14)*
(15 ( Repealed h\ Act \\\V ii of I 02).
(16)
171 Po\\ ci to appoint person to be l'uhl ice Prosecutor in pa cular
case, section 4 q 2 (2).
, sec1iOt1
(1$) Po\\er to issue cominissioil ttr c\aniuiation of \\ tiless
503 - 506.
0 Po er to hear aseals from or re\ ise ordeN passed under seLt loti
514, 515.
(20) Po\\ er to compel restoration of abductcd female. 5ect iou 552.
102
/ Pow ers with ' . JiicI, .!uivfru( (' fij(/i be
if? VL'SlO(/.)
SCHEDULE - IV
(.S'i.'L' SL'L'IIOfjV 37 a,uI 38).
.kI)IflTl () \ L I'O\\ ERS \VITII Which MA(; ISTR ATES M
BE INVESTED,
Po Cr to require sec urit hr L0od
heha Our in case of sedition, ion, sect on
08:
(2) Power to require secuti y for good beha
-
viour section 1 0:
(3) (Repealed by Act XVIII of 1923).
(4) Power to make orders prohibiting repetit-
BY THE ions of nuisances, section 143
GO \ ER (5) Poer to make ordersunder section 144
NIENT (6) Repealed by Act XVIII of 1923).
(7) Power to issue process for person ith ing
local jurisdiction ho has committed an
Offen ce outside the local Jurisdiction
section 186
PO\\ ERS (8) Po er to take co g nizance of ofTences
\V IT H
upon complaint section 190
\\ HICLI A
(9) Poer to take co g nizance of of6nces
MAC Is.
Upon police reports, section 90
TRATE OF
10) Po er to take co g nizance of offences
THE FIRST
ithout complaint section 190:
CLASS
MAY BE
(II) Poer to try sunlmaril\, section 260
(12) Poer to hear appeals from cons Ictiolls
INVESTED b y Ma gnstrates of tue second and third
classes section 407
(13) Power to sell propert\ alle g ed or upc-
cted to ha \e been stolen. etc. ect ion 24:
(14) (Repealed b Act XVIII of 1023.
(15) Po\\ er to tr\ cases under ect ion 24..\
the Penal Code.
(1) Po\\ er to make orders proliambit iii rcrc-
titions of nuisances. section 43.
(2) Power to make orders under sect ion 44
3N THE (3) (Repealed b Act XVIII of 1923.
ISTRJC'T (4) Po'er to take comzruzance of ofTences
I .\ GIST R upon complaint, section 1 90
TE. (5) Poer to take co g nizance of otiences
upon police reports, section i 90
(6) po er to transfer cases, section 192.
103
he
.4 i/(Ijtu)fl(iI Powcrs mi'it/i t/i ic/i .!ai(rate
7lUV
(cc/:c(/u1e / I
in cr's ted.)
SCHEDULE IV - ciitd.
(1) Repealed b y Act IV of I 909).
(2) Po er to make orders prohibmtmg repetit-
ioflof nuisances section 143
144
(3 Po\\ er to make orders under section
1
(3:1) Po\\ er to record lloncnl
sU
alu-i confess-
ions durinc a police Il\eng:lllon. eciioil
10-I
(3 h) Po er to authorme detention of a Person
B y THE
in the custody of the police during a
(,O\ ER'.
police in\ estioatlon, section 167
i '. r
(4) Power to hold inquests. section 174
(5) Po\\er to take cognizance of offences upon
complaint, section 190:
(6) Poer to take cognizance of offences upon
POWERS police reportsa section I')()
Vs IiH (7) To\\ er to take Cognizance of offence-',
\\II ICI I •\ \ ithout complaint, section 90
\1..\C ISTR
(8) Po\\ er to send fr trial. section 205 C
ATE OF
THE
(9) Po erto make order as to first offenders,
SECOND
section 562.
CLASS (1) Power to make orders prohibiting repel it-
\1..\'s BE ions of nuisances. section 143
INVESTED (2) Power to make orders under section 144
BVT lIE (3) Po\\ er to hold inquests. section 17-1
DISIRICT (4) Po\\ er to take coon izance of of fences upon
\IA(;lS1 R corn pta hit, section 190
(5) Power to take co g nizance of offetices upon
police reports. sectIon 190
(1 I Poer to make orders prohibiting repel ii-
PO" ERS
ions of nuisances, section 143
WITH
Vs HIC}l • (2 (Repealed h\ .\ct XVII! of 1923)
\1 •\(;ISTR It\ IHE (3) Po er to hold nrltlests. sect ion 174
\ 1 E 01- (;O\ FR'. (4) Po\\ er to take cognizance of o0rices upon
ii F. \1Il'5 1. coin pin lilt, section 190
Tillith
(5) Po or to take cognizance of ofTence upon
CLASS
pohee-rep01tS section 190.
MAI BE
INVESTED (6) (Repealed b y Act XVII! of 1923).
104
(Sc/IL'dhllt? (11 - -lddin,:aI Powers With which .hzy,'istrates ma y be
Jnrested. Schedule 1. - Forms.)
SCHEDULE IV - contd.
B\ THE Pov er to make orders prohibiting
DISTRICT repetitions of nuisances, section 143
\1 GISTR (2) Po crto hold inquests section 174
\T El
(3) Po' er to take coon izance of offences
upon complaint, section 190
l'O\\ FRS
(4) Po\\ er to take cognizance of offences
\\ [[11
upon police- reports, section 190.
\\ IIICH •'
SI EIDI\ ISM
BY TIlE Power to call for records, section 485.
\t.c;IsTRAT (;oVF.R
El \IA\ BE %I ENT
INVESTED
SCHEDULE V
(See section 555)
FORMS
1.- SU'l'\1ONS TO AN ACCUSED PERSON
(See section 68)
To of
Whereas \ our attendance is necesar to answer to a charge of (suite
/urdc the offciice c/iargcd,, y ou are hereby required to appear in person
or by pI&'ik/ci as the case ma y he) before the (Magistrate)
of , on the day
of . Herein fail not.
Dated this day of 1
(Signature)
11. \V ARRANT OF ARREST
(See section 7.5)
To (110/1/c aiiil Ic.s i?ai1iO11 u/i/ic perooi 1° />ciioiiX it Ito L\ or arc to
c vcc We the icarrtilhi).
\\l IFREAS of . stands charged
ith the offence of (state the offence), \ on are hereh\ directed to arrest
the said and to produce him before me. I herein fail not.
Dated this . day of 18
(Seal) (Signature)
105
(See section 76)
This tarrwi ' ,naj' be endorsed U.S al/a it's
IF the said shall gi\ e bail himself in the
um of "ith one Suret ill
sum of (or to
urcties each III the sun of ) to attend
before me oil da\ of and to continue
o to attend until other ise directed h file, he ma y he released.
Dated this da y, 18
(Si en at u re).
III - BOND AND BAIL - BOND AFTER ARREST UNDER A
WARRANT
(See section 86)
1, (name), of being brought before the District
Ma g istrate of 0)1'41s i/it' case ,nuy hei under a
warrant issued to compel ma y appearance to answer to the charge of
do hereb y bill to attend in the Court of on
the day of next, to answer to
the said charge and to continue so to attend until otherwise directed by
the-Court; and in case of may making default herein, I hind m y self to
forfeit, to Government the sum of Taka
Dated this da of , 18
Signature)
I do hereby declare m y self suret y for the above-named
of, that he shall attend before
in the Court of on the
day of ne\t, tO ans\\ er to the
charge oil he has been arrested, and shall continue so to attend
until othersise directed by the Court ; and, in case of' his making default
therein. I hind mself to forfit to Goernmeut the sum to Faka.
Date this da of 18
Sic nature).
IV RPOCLAMATION REQUIRING THE APPEARANCE OF A
PERSON ACCUSED
(See section 87)
\Vhereas complaint has been made before me that (name,
descriprioiz and address) has committed, (Or is suspected to have
committed) the offence of , punishable under section
106
of the Penal Code, and, it has been returned to a arrant of
arrest thereupon issued that the sad tnulnci cannot be found, and
hereas it has been sllo\\ n to in satisfaction tat the said (nonie) has
absconded (ur is con,:Qalinu himself t :i oid the ser ice of the said
' arrant)
Proclamation is hercb made that the said of is
requried to appear to / ?/oce before this Court (or before me) to ansv er
the said complaint on the day of
[)me this day of (8
( em) (Signature)
V. - lRO(1,AMATiON REQUIRING THE ATTENI)AN('E OF A
\V1'FN ESS
(Set' section 87).
whereas complaint has beol made before me that Olonhi',
/('.'ci'ip1u)11 wu/ u /1rt'cx has committed (or is suspected to have
corn in itte(l) the o ilcuce of (fliO/iTiQIl the 0/100CC coiici,c/t') and a arrant
has been issued to compel the attendance of (Hill//C, cleccrip(ion wii/
ii/ifrt'.s.c of the nil//C.'') before this Court to be examined touching the
matter of the said complaint : and hereas it has been returned to the
said arrant that the said (nwiie of it,luCr.c) cannot he se d, and it has
been sho\\ n to m y satisfaction that he has absconded (or is con
himself to avoid the service of the said warrant)
Proclamation is hereb y made that the said (nonie) is required to
ppear at Ipiilce before the Court of on
the (lay of next at o'clock
to he examined touching , the offence complaitied of,
Dated this da\ of' , 18
(Seal) (Signature)
VI - ORDER OF ATTACHMENT TO CO\IPEL THE
ATTENDANCE OF A WITNESS.
(See .VCCliOfl $8)
Fo the Pclice-officer in char ge of the Police-station at
\\lierea a arrant has been dul\ issued ti' compel the attendance k1l
HO//IC, /'i /1/ 1 110/i Li/li] 0/iJrC5i to testit\ concerning a complaint
pendino before this Court, and it has been returned to the sad arrant
that it cannot be ser\ cd and hereas it has been sho\; n to a may
satisfoction that he has absconded (or is coiiceahiiio lìiinself to a oid the
I O7
service of the said warrant) ; and thereupon a Proclamation has been or
is being dul y issued and published requiring the said to appear and gi'
evidence at the time and place mentioned
ioned therein,
This is to authorize and require \ ou to attach b y seizure the mo\ able
property belonging to the said to the at ue of
Taka hich you ina find v thin the District
of and to hold the said propert y under attachment
pendin g the further order of this Court, and to return this warrant ith an
endorsement cerli f\ inc the manner or its e\ecut loll.
Dated this day of , 18
(Seal) (Sic nature)
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE
OF A PERSON ACCUSED.
(See section 88)
To (name and designation 0f the person or persons who is or are to
execute the warrant,).
Where complaint has been made before me that (iian:e, description
a/ui adth-ess hic corn iii itted (or is suspected to have committed) the
ot'feu' at Punishable under section of
the Penal Code, and it has been returned to a \arrant of arrest thereUpon
issLied that the said (na/lie) cannot he found ; and Wiereas it has been
shov,n to ma\ satisfaction that the said (na,ne) has absconded (or is
concealing himself to avoid the service of the said arrant), and
thereupon a Proclamation hn been or is bein g dul y issued and published
requiring the said to appear to anser the said
charge ith in da s and hereas the said
is possessed of the t'ol lo inc propert\ other than land pa\ i ic re enue to
Government in the illace (or io\ ii) O f iii the
District of , i,., . and an ordc has been
made for the attachment thereof:
YOU are here[) required to attach the said propert\ b\ ei/ni'e and to
hold the same under att:iehiment lekln the tirthier order Of this ( ourt,
and to return this ' arrant tb an endorseniciit ccrtit\ inc the illaniler of
its e\ecut oil.
Dated this da of IS
(Seal) (Sicnature)
108
ORDER AUTHORIZING AN ATTACHMENT BY THE DEPUTY.
COMMISSIONER AS COLLECTOR.
(Set' .rectiw: 88)
To the l)eput\ Commissioner of the I)istr wt of
\\ hereas complaint has been made before me that (11/mt',
(/excrIpIloJm wu/ chhh yyu has committed
died or is suspected to ha \C
coiii nutted) the ofThnce of , punishable
under section of the Penal Code, and it has been
returned to a arrnt of arrest thereupon issued that the said (nwmu'i
cannot be found and whereas it has been sho ii to ma y satisfaction that
the said mnona,' has absconded (or is conceal ne himself to avoid the
ser' We of the said v arrant) and thereuoii a Proclamation has been or is
being duly issued and published requ rue the said to
appear to aiis\'er the said charge witluim days, : and
liereas the said is passessed of certain land pa me
re eiiue to Government in the vii age (or to\\ it ) of in
the District of
You are hereb y authorized and requested to cause the said had to be
attached, and to he held under attachment pending the further order of
this Courts. and to cert I fv v ithout delay tat von ma y ha e done in
pLirslialice oft his order.
Dated this day of ,IS
(Seal) (Signature)
VI!. - \V..\RRANT IN TILE FIRST INSTANCE TO I3RINC; UP A
WITNESS
(See section 9(1)
lo olu/nL' wnl of /oigiuiiiou
i/to Po/i c'-O//lL't'i or oihr ei'coii hr
rcnw IN ii In) IN or ore 1)) OXC'('i//e' I/to uurrhiiII,.
hi EREAS coin plaint has been made before me that of ha
(or is suspected to ha e ) committed the offence of (mention the offence
conc AN ), and it appears hikeR that oio/iio uin/ i/L'iiJ'IR))? of it :ith,'.h
can gi\e e deuce Concernin g the said complaint: and 'hicreas 1 hae
good and su ñic meal reason to he! iC\ e that he ill not attend as a mess
on the hearing of the said complaint unless coin pci led to do o:
Tb is is :o authorise and require I on to arrest the sail name i. and on
the da of to brine him be fore INS Court, to
he examined touchin g the offence complained of.
G i\ en under nt hand and the seal of tile C'ourt, this
of . is
(Sea!) (Signature)
109
VII.- WARRAQNT TO SEARCH AFTER INFORMATION OF A
PARTICULAR OFFENCE
(See section 96)
V0 iii wic 111111 Ic lL'/ulf ion of i/ic Ti i/icc-office or oilicr /icr.s 0/i
pervo/I.\ ii /11) I.N or 0I 10 c.VcLlIIt' i/IL' it arrollil.
I I [I<IiAS in foriiiation has been laid (or compla lilt has been made)
before me of the comm ion (or suspected commission) of the offence
of iluclilloli i/it' of/c/icc c on i. c/il, and it has been made to appear to me
that the production of (specify i/ic i/il/IL' c/cUr/i') is essential to the
enqu r' no\ beinc made(or about to be made) in to the said offence (or
suspected offence).
Fliis is to atitllOri7e and require \ on to search for the said (1/ic thing
cei/Ic/i ill i/ic (/c.scribc i/ic /u ' itvc or p/i/LI' or jiart thereof to which
i/Ic score/i is hi' roiif/ncdi and, if found, to produce the same forthwith
10
before this Court, returnin g this \s arrant, with an endorsement certifying
hat ou lia\ e done under it, in ned mete iv upon its execution.
0k en under mn\ hand and the seal of the Court, this da y of
18
(Seal) (Signature)
IX.-WARRANT TO SEARCH SUSPECTED PLACE OF.DEPOSIT
(See section 98)
To (nanic i/Jul dci i L' u i If loll oJ a Po/ice-otficer above the rank q,f a
i( ()Ii.\Iil/)lci
WHEREAS information has been laid before me, and oil Inquiry
thereupon had I has e been led to believe that the (describe the house or
of/Icr p/act?) is used as ,I for the deposit (or sale) of stolen property
(or if/or eu/icr of the of/icr puipose expressed ill section, state 111e
pu/fuse in the iiorc/.S of the SL'ciio/i).
This is to authorize and require y ou to enter the said louse (or ut/icr
J)/acL') ss ith such assistance as shall be required, and to use, if necessar\,
reasonable force for that purpose, and to search ever\' part of the said
lioue (or 1)1/icr /1/i/cc, or if the sci/rc/l is to he con//neil to purl, spccifi'
f/Ic part c/cuiliand to seize and take possession of an y property (or
documents, or stamps, or seals or ceiiis, or ohcene objects, as the case
na' he-Add (%% hen the case requires) it and also of any instruments and
materials s hich \ ou ma y reasonabl y belies e to he kept for the
manufacture of for g ed documents or counterfeit stamps, or false seals or
couitierfeit coin (as th case ma y be and forthwith to bring before this
Court such of the said thin g s as mar be taken possession of, returning
110
tins "arrant, \ ith a endorsement cerflf\ inC 'Iiat \ou Iiae JUlIe under it,
in ned ate l upon its e\ecut on
GI\ en under ni hand and the seal of the Court, this dl i%
(Seal (Sinnature)
X.—BOND TO KEEP THE PEACE
(See .SL'Ctiofl 11)7)
Whereas I, (nann') inhabitant of (p/ace), have been called upon to
enter into a bond to keep the peace for the term of or
ii it ii the completion of the InqUiry I'll matter of nov
pending in the Court of I hereby hind m vsel f not to
commit a breach of the peace, or do an y act that may probabl\ occasion
a breach of the peace, during the said term or until the completion of the
said inquiry and, in case of m y kakinC default therein, I hereb y bind
ms self to forfeit to Government, the SLIM of Taka
Dated this day of , 18
(Signature)
X1.—BOND FOR GOOD BEHAVIOUR
(See Section 108, 109 (1/1(1 /1!))
\V hereas I (nainci, in habitant of (p/aco, lia e been cal led upon to
enter in to a bond to he of g ood heliah our to Gos ernni ent and to all tile
citizens of [3anoladesh for the term of sIato the period) or tinti I the
completion of the inquir y in the matter of no
pend in in the courl of i liereh\ hind m y self to he of
eood beha our to Go eminent and to all the cititens of Bangladesh
durin g the said term or until the comopletion of the inqu ir and, in case
of m makin g defult therein. I hind nivsehf to forfeit to Government the
sui of Tulsa
Dated this day of , IX
(Sinattire)
U here a h0ii j 0 lI/I .S uiv'(/cc 1.5 to h' e VL'Cl/(Cd/, aJ/j-
\e do llereh\
declare ourse les uret es for the ahos e named that he ii he 000d
heIm our to Go\ eritinent and to all the citi/ens of Rann ladeshi durin
the said term or until the completion of the said inquiry: and , in case of
his making default therein, e bind oursel es, joint! ,, and se erallr, to
forfeit to Go ernmcnt the sum of Taka
Dated this day of . IS
Siiinature)
XII.- SUMMONS ON I\FOR\IATION OF A PROBABLE
BREACH OF THE PEACH
(See sectiw: 114)
TO \\hereas it has been made to appear to me by credible
ii rin at on that ( luTe i/ic .v ubtuiwe of i/ic wtirmjiiuii), and that y our
ire like Ir to commit a breach of the peace (or by 'c Ii cli act a breach of
the peace \'ill prohahlr be occasionedn y ou are requ red to attend in
person (or by a duly authorited agent) at the O1fce of the Nbuismate of
on the dar of , 8 . at ten Oclock
1 1 lie I reiiooit, to Y ou should not he required to enter into a bond for
I aLit Ii lion .i0i'Iie. ore rc(fm(lrc'(/ v/low cause n/n, add, and
ii ko to nkc ec iirit\ b y the bond of one ((Jr in u, to the COVe 1/lOt he)
nret\ o ,- .1OCl!O\) ill the sum of Taka ecich i/n/ore iliuii
onci that
you ill keep the peace for time term of
C& en under m y hand and the seal of the Court, this day
of ,8
(Seal) (Signature)
XII- WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY TO KEEP THE PEACE.
(See Sc'ctio,z 123)
To the Superintendent (or Keeper) Of the Jail at
Whereas (mime u/id ic/c/revs) appeared befor me iii person (or b y his
authorized agent) on the day of in
obedience to a stinimnons call nt.t upon him to show cause wh y he should
not enter into ii bond for Taka ss ith one suret y, (or a
bond s i tli t\N o sureties each in Taka ), that he, the said
Qmcunc', on Id keep the peace for the period of months; and v. hereas on
order as than made requiring the said (name) to enter into and find
such securit y, (vliile the security ordered tiIien it differs from ineiitioiie(I
ill The .s i/ninmonv), and he has fii led to compl y s' it Ii the said order;
This is to authorize and require )m the said Superintendent (or
Keeper) 1 to receive the said (name), into your custod y , together \itl1 this
ss arrant, and luni safel y to keep in the said Jail for the said period of
(term of imprisonment) unless he shall in the meantime he lasvfull
ordered to be released and to retern this \s arrant ss lb an endorsement
Certify i no the manner of its execution.
Given tinder m y hand the seal of the Court, this day of 18
(Seal) Signature)
112
XIV.- WARRANT OF COMMITMENTG ON FAILURE TO
(
FIND SECURITY FOR GOOD BEHAVIOUR.
(See section 123)
To the Superintendent (or Keeper) of the Jail at
\\ I [A R [AS it has been made to appear to me that (name and
/excr/'1umi has been and is durking thin the district of having
no ostensible means of subsistence (or, and that he is unable to gi e an
sat i sfactorv account of Iiin se
or
WHEREAS evidence of the general character of (name and
( 1&'c111icO1) has been adduced hefor me and recorded, from \vh ich it
appears that he is an habitual robber (or house-breaker, etc., as the case
rna\ be);
And hereas an order has been recoi ed stating the same and
requiring the said (name) to furnish security for his good behaviour for
the term of (state the period) by entering into a bond with one surety (or
t\\o or more sureties, as the case may he), himself for Taka , and
the said suret y (or each of the said sureties) and
for Taka, ,
the said (name) has filed to comply with the said order and for such
default has been judged imprisonment for (dale the Icr/nj unless the said
( sec ii r it v be sooner furnished:
Ili is is to authorize and require von, the said Superintendent (or
Keeper). to receive the said (lb/he) into your custody, tegetlier with this
arrant, and him safely to keep iii thc said Jail for the said period of
(lerm of in//n sonn,en unless he shall III meantime be lawful lv
ordered to be released and to return this warrant with an endorsement
ceri lvi ng the manner Of its execution.
Ci i cii under my hand and the seal of the Court, this day of 18,
(Seal) (Signature)
XV.-WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY.
(See section 123 (l!1(I 124)
To the Superintendent (or Keeper) of the Jail at (or
01/101' ()/flCL'i' 11l 11110.dO dl1.dI0CI1' person
i.s I
WHEREAS (,iaine and description of npri.s oiler) was committed to
our custod y under warrant of the Court, dated the day
of' and has since dul y given security under section of
the code of Criminal Procedure;
113
or
and there have appeared to me sufficient grounds for the opinion that he
call
released without hazard to the corn in Un IN;
This is to anthorise and require y ou forthwith to discharge the said
(na/nc) from your custod y he is liable to be detained for some other
cause.
Given under ma y hand arid the seal of the C'oourt, this day of 18
(Seal) (Signature)
XV! -ORDER FOR THE REMOVAL OF NUISANCES
(See section 133)
To (name, description and address).
WHEREAS it has been made to appear to me that you have caused
all (or nuisance) to persons using the public roadwa y (or
other public place) which, etc.. describe the road or public place,), by,
etc., (stale what it is that causes the truction or nuisance), and that such
obstruction (or nuisance) still exists;
Whereas it has been made to appear to me that you are carrying on
as owner, or manager, the trade or occupation of (slate the particular
trade or occupation and the place iihere it is carried on, and that the
same is inj u rious to the public health (or comfort) 'b y reason (stale
hi-i('jlv in What manner the injurious eff/ects are caused), and should be
supressea or removed to a different place;
Whereas it has been made to appear to me that y ou are the o\vner (or
are ill possession of or have the control) a certain tank (or "ell or
excavation) adjacent to the public wa y cJe.vcribe the thorough/are), and
that the sa fetv Of the public is endan g ered reason of the said tank (or -
ell or excavation) being without a fence (or insecurely fenced),
or
Whereas, etc., (as the case ma be);
I do hereb y direct and require
ire you ith in (slate the lime alloueJ ) I
(state hat is required to he done to abate the nuisance) or to appear at
in the Court of on the da\
of next, and to slto cause lt this order shou LI not he
enforced;
or
I do hereby direct and require youithin (state the lime al/oired) to
cease carr ing on the said trade or occupation at the said place, and not
a g ain to can-v on the same, or to remove the said trade from the place
'here it is now carried on, to appear, etc.;
114
or—
I do hereh direct and require von within (state the time alloed) to put
up a su Itt C lent fence ( ate the kuil offence ouch the port to hefi'nc('c/)
or to appear, etc.;
or
I do hereb y direct and require etc., etc.(as the case ma y he).
(ik en under m y hand and the seal of the Court, this day
of 18
(Seal) (Signature)
XVI i-Omitted b y L.R.O. (Order XLIX of 1978)
xv1l.-'1AGIsTRxrE's NOTICE AND PEREMPTORY
ORDER
(See section 140)
To (noon', de.vc'ripiiouivid address).
I hereb y i\ e y ou mot ice that it has been, found that the order issued
on the day of requiring you (vlate
ruhstciniiully the requisition in the arc/er) is reasonable and proper. Such
order has been made absolute, and I hereb y direct and require you to
obe y the said order within (state the time allowed), on peril of the
penalty provided by the Penal Code for disobedience thereto.
Given under my hand and the seal of the Court, this day
of 18
(Seal) (Signature)
XIX.-INJUNCTION TO PROVIDE AGAINST IMMINENT
DANGER PENDING INQUIRY
(See section 142)
To (inane, description and address).
Whereas the inquiry into the conditional order issued by me on
the day of 19 is still pending and it has
been made to appear to me that the nuisance mentioned in the said order
is attended iii so imminent serious dancer to the public as to render
necessar y immediate measures to pre ciii such dan g er, I do liereb
under the provisions of section 142 of the Code of Criminal ma! Procedure,
direct and enjoin y ou forthwith to (slate I)Iohd v u/jot is required to be
clone cix a tumpor(ui' safeuru1ci rd), pending the result of the local inquiry.
Given urder m y hand and the seal of the Court, this day
of 18
(Seal) (Signature)
115
XX.-MAGISTRATE'S ORDER PROHIBITING THE
REPETITION, ETC., OF A NUISANCE.
(See SL'CliOfl 143)
I o (name (lescriplIoll and address).
Whereas it has been made to appears to me that, etc., (stale the
proj)er recital, gte/do(l bY Form No. Xvi or Form No. XXI, a,s the case
ma y he);
I do hereby, strictly order and enjoin y ou not to repeat the said
nuisance by a g ain placing or causing or permitting to be placed, etc. (as
the case may be).
Given under m y hand and the seal of the Court, tli is day
of 18
(Seal) (Signature)
XX1.-MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION,
RIOT, ETC.
(See section 144)
To (name, description and address).
Whereas it has been made to appear to me that you are in possession
(or have management) of (describe cl'ar/v prO/ert'o), and that, in
digging a drain on the said land, y ou are about to throw or place a
portion of the earth and stones dug up upon adjoining public i'oad, so as
to occasion risk of obstruction to persons using the road;
()1
Whereas it has been made to appear to me that von and a number o
otherpersons (aleutian the class o[pL'rsomo are about to meet and proceed
in a religious procession along the public street, etc., (a.s i/IL' cae mat'.
he and that such procession is hiLel to lead to a riot or an affray;
or
Whereas etc., etc. tax the case ma y he:
I do hereh\ order ou not to place or permit to he placed an\ of the
earth or stones du g from land on an\ part of the said, road;
01
I do hereby prohibit the procession passing along the said street, and
strictly warn and enjoin von not to take an\ part in such procession or
as the case recited mat' require).
Gi\ en under im hand and the seal of the Court, this da
of IS
(Seal) (Signature)
116
XXII.-MAGISTRATE'S ORDER DECLARING PARTY
ENTITLED TO RETAIN POSSESSION OF LAND ET('. IN
1)IS P UT E.
(Sec St'cliWl 145)
It alli, carin g to mc, on the croitrids dul\ recorded, that a dipitc
ike I to induce a breach of the peace, existed het een (je.,crzhe iho
//rIies hi ihJ/)lt' (I/id iciIe1icL, or /c.sh/eliLe oii!t 1/ the (/iJUIt( ho
/'e(ltceil h.uIiL'.\ of ui//aeorr), situate wiliiii the local limits of iii>
jurisdiction, all the said parties were called upon to gRe in a \ritten
statement of their respective claims as to the fact Of actual possession of
the said ih1' xu/iject of dispute), and being sat istied h due inqu irv had
thereupon, thout reference to the merits of the claim of either of the
said parties to the legal right possession that the cIa ni of aetna
possession by said (i//me or /1umLs or (ILsculplu)/l) is true;
I do decide and declare that lie is (or the y, are) in possession of the
said (the subject of dispute) and entitled to retain such possession until
ousted b' course of la , and do strictl y forbid any disturbance of his (of-
their possession in the meant i me.
G i' cii tinder may hand and the seal of the Court, theis day
of Is
(Seal) (Signature)
XXll1.-W ARRANT OF ATTACHMENT IN TUE CASE OF .
I)Is p t'rE .\ST 0 THE POSSESSION OF LAND, ETC.
(Sec Sc(tio/t 146)
1 o the police offleer iii char g e of the Police station at or, lo the
( ohleetor of
\\ hcrca' ht hccii made to appear to inc that a dkpnte likely to
induce a breach of the pelse existed 1"'1 11 coo Iocrihc the port:
t,ii 0/7/0(1 hi ihioic (111(1 i,h'iic, or 0/irC on/i if the (/I\/lI1C !'•
I'd/I Cdli I/i's I'! iliIIier concernnig certain Id!i' cOHL e,'
\i//'/CCl of /Iispi/10 ituatC \ thin the hiutits of in> urisd ictioil. 111d
said plites \ crc thcrenpon duly called upon to state \\ nt Iit
repecti\c claims as to the fact of actual possessoii ol the said IL
.ubect ofdispnte: and %%hereas. upon due inq ml> :no thc
claims. I lia\ e decided that neither of the said partc \\1 i//
of the said 'the s uhec t of (Ii.s!)lItC) or I ant unahie to sat t> iii' 'cit a to
Ii cli of the si Id parties \ as in possession as aforesaid
lIt is is to authorize and require you to attach the DO i t/jo suhXcl of
CJLIJ)iIto) by takin g and keepin g possession thereof, and to hold the same
under attachment until the decree or order a competent Court
117
determining the rights of the parties, or the claim to possession, shall
have been obtained and to return this arrant v ith an endorsement
eertif\in g the manner of its execution.
Gi\ en under hand the seal of the Court, this dn of 18
(Seal) (Si(-,nature)
XXIV.-MAGISTRATE'S ORDER PROHIBITING THE DOING
OF ANYTHING ON LAND OR WATER.
(See section 147)
A Dl SPI..'TE iia ing arisen concerning the right of use of (state
concisel y the subject of dispute situate thin the limits of Im
nrisd ction, the possession of \\ Ii ich land (or v ater) is claimed
exclusive!\ b y (describe the person Cr person), and it appearing to me,
on due inquirY into the same, that the sad land or ater) has been open
to the enjo y ment of such use b y the public (or 1/hi an ilk/isidual or a
clas.s of person., describe lion (benz) and (if the use cxan he enjoyed
throu g hout the ear) that the said usehas been enjo y ed v thin th ree
- months of the institut iou of the said inquir y (or if u.se is enjoi'ahle on/v
at puiicziIur seas ons, car during the last of' the seasons at v Ii ich the
same is capable of bein g en oved';
I do order that the said (the cluwialit or claimants of possess loll), or
an y one in their interest, shall not take (or retain) possession of the said
land or water to (lie exclusion of the enjo y ment of the right of use
aforesaid. until lie (or the y ) shall obtain the decree or order of the
Co'.iipetent Court adjudginu him (or them) to be entitled to exclusi e
possess ion.
Given under ni', had and the seal of the Court, this day
of 18
(Seal) (Signature)
XXV.- BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY
BEFORE A POLICE-OFFICER.
(See Section 169)
I, (nwne) of bein g char g bed s tb the offence and after inquir\
required to appear before the Ma g istrate of
01'
and after inquiry called upon to enter into m y own reco gnizance to
appear when required, do hereby bind myself to appear at - iii
. •"__',",'-'..'_...'--..-.,.
............................
unit of . ) l1 tiC .ia\ ui text
in :,uCfl dtLv t15
icreatter be cqutreu to attend) to ans',\cr tirtller H: .:ia::ie.,n
ii ac or m y .:f:ie iciduit leren.. :0(1 :nv:: a or;dii a
(joverninent the sum of ,Tab
Dated this nay
Seal)
Siantttnet
I lietelt'; dectare mvse:r or .e aint!\ intl ;everal! y denim-c
ott r.cjvcs and each of us surety (or sureties) or utte ancive said
he dm1 I attend at a the dunn a
Me da y ar meat t or on auc:1 da y as lie mav
icrearier pt
requ red to attend. further to answer to tile char g e p ending against him,
and. to case of his maRinc default therein.. lerehv hind
fl\ set
here h'; mud ourse1vs) to IbMit to Los CrilOtelit
tao
SUM Taka Dated this da y of 18
(Seal)
(Si onion re
XXVI.- BOND TO PROSECUTE OR GIVE EVIDENCE
- (See section 170)
01w/mI of (place), do hereb y bind m y self to attend at in the Cottin
of at O'clock on the day or'
next and then and there to prosecute (or to prosecute and g ive evidenca
A X to g tve evidce( in the matter of a obtuice 'f
. . a. a .u:ie ;:.. ..amtc at 5c a
co Government rae Still',
Daten a: tim' 0t
SeW
KMArw
XX V II.-NOTICE TO PUBLIC PROSECUTOR BY MAC ISTRAT1
(See section '05C
dim \lagtsn-aie at lereny toulce rant
has sent one tar :niol at the next Sesaloits: and tim
Ma g istrate ierchv aslr::ats:re
Pubic Procauitnr to
conduct tile prosecution to the said case.
:he char g e a g ainst he accused is that. etc. state the offence as to tire
charge).
Dated this day or
S ignatu re)
i ig
XX V1I.-CHARG ES
(Sc' sections 221, 222. 223)
1i CH . RGES\V ITH ONE HEAD
' n'RL uilo 1 , 00.], refl\ c aree \ OR !Ifli0
Penal Code suc lior 21
On
Rid \ 'o. Ii or
and 1nercr ai1o2aucu &iii1iGRfl 1't1CI1CC puiliStlabte
i2i
hoer tlOfl o ttw f'en:d Lone. ann ithii the cORtlhZ3nCC of the C'our
Wo
OIRR crmin:1 - rI.lIciio., ;or 0110 no
0--
I11l0dv r:10i '100 'I 51010
llcrcn\ n:recr Inar \01 fiC tried h the 52110 LOur oa the
(.IC,oxfRrL' 0?2A L ' oi
7 .O' \IIP\///uo'L/ /'•
On s(cUofl 124.
Cl, o! :11
(2i That \ Our. Oil or afloUt Inc
\\it!l the mcdt ion of induct no toe Present of
Inola-Jesi: to refrain from exercising a lawful flower as such Prcsidei.
assaulteC him, and thcreh\ committed an offence punishable under
sect ion 124 of the Penal Code. and thin the coon zance of the Coun of
Sessions or H oh Coun Di\-lsion.
On section 161.
T! \ IlL' hein a p ublic servant in the Denartmci
direcik accepted from from 1 .% jule tin' 00102') 101 another fiaO\ il/il' Lu,'
.3s a mot i\ c or
11,/OIL'' a orati tcattoii other than lcal remuneration
o mean no to do an ofLcial act, and lhcreh\ committed an offence
pIiI11flIe uncer section 101 of the Penal Code. and
ohm he
coen .l:lnce of the C ' onin of Sessions or Hioh Conrt DI\ ison.
()n scctwn 160
- 1 FIuti low on or about the da\ 0
did b" (i!1l1Ifi'1/ 1/; (il) (11 1/1) 0012 t/1.:!'d In', .2:'])
..,n-011c1 nCin coiltr:ir\ toe provsiOfls of act and kllo'\ n bs \'i to ne
OI1k 0l 0' OflO tllcmeh' conimitteC an ofteitce punishable un(tCi
IO1 20 ' 0 file lch10 one and %" Min the cooni7ai1ee of the 01)110 of
SUVIA!
On seCtioll lYc'.
-11220 \OR. on or 2hou1 Inc da\ o
in the course 01 the tria i of . bet
stated in evidence tna " ' whicfl staternenl cm citner knee,
or belie ed to he false, or did not heiie e to be true, and thereby
comm tied an oflence puntsiiahie under section 1 of the Penal Code.
and thin the coiuzance of the Court Sessions or Hi g h Court Division.
On section 304.
1 61 That \ On, OH Or aOOiit the day 01
at , comm tied cul p able BMW ide not amounting to
murder, :au s inL the death and hereh\ comm tied an
offence p un isiìahlu under secto ion 3O- of the Pena! Code, and ithin the
COni7aflCC of the Court of y ession or H ih Court Divis ion.
On section 306.
- dar
a' on. Or: or
1 afletieu tue coni sioa ot suic ace h \F: a person
In a stale of intoxication. and iherehr committed offence punishable
under sect on O6 oh the penal Code and with in the cognizance of the
hourt 01 Session or I hih C our .,, i)k Hon.
On Section 325.
(8) That ron. on or about tile day of
at , \ oiiiniari hr caused eric ous hurt to , and
ihereb' committed on offenccpunishable under section 325 of the Penal
Code, and ith u the con zance of the Court ol Sessions or Hi g h Court
Di \ 151011.
On section 392.
Q i That you. on or about tfle day of
at I robbed /\olo no Hwno], and thereb y comm med an
offence punishable under sect ion 3 i of the Penal Code. and within the
cognizance of the Court of essioi1s or H ih Court Division.
On section 395.
(10) That von, on or about the any of
at . comm tied dacoitr. an offence punishable under
section 365 H the Penal couc, and thin coeti izance of the Court of
Sessions (or High Nun Division .
tried h v ;\lay!\Iriim u.viiuic oil//ui liiV cogiu:czncc for
thin the co g nizance at the Court 01 Session. and in (c) onur 'hi 1/iL'
ccii/ ( ' our! ".1
(11) CFIARGFS WITH T\V() OR MORE HEADS
(a 1 1, namc and u/ocr of .\ lumrlrah'. no., hereby char g e r on (I/a/lu'
of accused persun) as fol loss s:-
On section 241.
(H First-Time von, on or about Inc day of
at . konwine a coin to he counterfeit. delivered the same to
121
mother person, b y name :\. B, as aenu me, and thereb y comm rica an
offence punishable under section 241 of the Penal Code. and '.itiun the
cogn bzance of the Court of Sessions or FAA (ourt Division.
- That you, on or about the day of
at , knowing a côi n to be counterfein atfenlotecI to induce
MI other oursi b, by imme A.B., to recetve it as cenuine and thereby
committed an otfence punishable undcr section 241 of the Penal Code.
and \Vithlli the cognizance of the Court of sessions or 1-10h Court
I) I V I SI OIl
Q And 1 hereb y direct thai you be tried b y ',he said Court on the
;aid charge.
Signature and Seai or the Magistrate)
To bs iibstituiec/ for (b:-
On Section 302 and 304.
- (2) First -Thm you, on or ahout the d0v of
at , committed murder b y casino the death of and thereby
committed an offence punishable under section 302 of the Penal Code.
and within the cognizance of the Court of Sessions or High Court
Division.
.Sccondlo.-That von, on or about the day or
at by causing the death of committed culpable
homicide not arnountine to murder, and thereb y, committed an offence
punishable under section 304 of the Penal Code, and within the
cognizance of the Court of Sessions or ilichi Court Division.
On section 379 and 382.
3) Firxt. -That you, on or about the
at committed an offence nun is0abe noer :ec y on 3
of the Penal Code, and within the co gnizance of teCourt at $essious
Hich Court Division.
aecoociiv. - That you, on or about the .av of
at , committed theft, having made preparation for
causing death to a person in order to the committing of such theft, and
thereby comm med an offence nun ishahlc nader382 cc:oir of the Pcnti
Code, and within the cognizance of the Court of Sessions or Hi g h Court
Division.
Third/v. - That you, on or about the day of
at , committed theft, having made preparation 5cr
causing i estraint to a person in order to the effecthig of your esca p e after
the committing of such theft, and thereby committed an offence
punishable under section 382 of the Penal Code and cognizance of the
Court of Sessions or Hi g h Court Division.
122
Fourth/v. - That y ou, on or about the day of
at , committed theft having made preparattion for
causing fear of hurt to a person in order to the retaining of proper-tv,
takc [I h\ such theft, and thereb y committed an offence punishable under
section 382 of the Penal Code, and ithin the co g nizance of the Court of
Sessions or Ii eh Court Di sion.
A Iternati e charge oil 193.
(4) That \01.1, on or about day of
at in the course of the inquiry into
be fore , state in evidence that ", and
that von, on or about the , day of
at , the course of the trial of before
stated ni the evidence that , one of which statement
ou either knew or believed to be filse, or did not believe to he true, and
thereby committed ned an offence punishable under under section 193 of the
Penal Code, and ithin the cognizance Court of Sessions or High Court
Division.
(In cases Iric'c/ hi' Alugisli-ates substitute w it Ii in 111V
coen izance" for
thin the coen izance of the Court of Sessions and in (c) omit by the
said Court.)
(III) CHARGES FOR THEFT AFTER PREVIOUS CONVICTION
I, (1/a/ne anti office o/Alagi.ctraie, etc.,) hereby char ge of
iou (name
o/ accu.vec/ person) as follows
That von, on or about the day of
at committed , itted theft, and thereby committed all
punishable under section 379 of the Penal Code and \\ thin
the
co g nizance of the Court of Sessions or High Court Division
Magistrate
(as cave mar be)
And von, the said (na/ne of accusec/, stand further charged that you,
before the committing of the said offence, that is to say oil day
of , had been convicted b y the (slate ( 'ourl hr nh/cl, c
0171-iction ntis bach at of an offence
punishable tinder
chapter X %1 11 of the Penal Code, with imprisonment for a term of three
ears that is to sa y , the offence of' house-breeking b y night (describe the
o/feiice ill i/ic /10cc/s used ill section li/ic/er nh/c/i (lie accused ii'ci,v
com'icied, \s Inch conviction is still in full force and effect, and that von
are thereby liable to enhanced punishment tinder section 75 of the Penal
Code.
And I hereby direct that you be tried, etc.
123
XXIX.-WARRANT OF COMITMENT ON A SENTENCE
IMPRISONMENT OR FINE IF PASSED BY A MAGISTRATE
(See sectiolz 245 and 258)
To the Superintendent (or Keeper) of the Jail at
Whereas oil day of 18, (IuWic of prisoner)
ill of
the ([st,nd,3rd, as the case ma y be) prisoner N O.
the Calender for 18 , as convicted before me (name (1nJ el/ic/ut
(IL'slglialio?l of the offence of (awiltion the (lt"°' or offences CuflCiSe/t)
under section (or sections) of the Penal Code (or of Act
), and was sentenced to (slate i/ic piiiiisliiiieiit lu//v aiiul (Iistinct/v):
This is to authorize and required you, the said Superintendent (or
Keeper, to receive the said prisoner's name) into your custody in the said
Jail, together with this warrant and there carry the foresaid sentence into
execution according to law.
Given under m y hand and the seal of the Court, this day
of 18
(Seat) (Si(-Inature)
XXX.-WARRANT OF IMPRESONMENT ON FAILURE TO
RECOVER AMENDS BY ATTACHMENT-A N D SALE
(See sectiell 250)
To the Superintendent (or Keeper) of the Jail at
Whereas jialile (i//cl (jescription) has brought against (I/ui/ne (i//cl
descrijilion 0/ 1/iL' accused persoii) the coni pta i it i/n it (mention it
concie/i and the same has been d km issed as iae and frivolous or
vexatious, and the order of dismissal as aids pwilelit by the said (ma/lie
o/ conlp/(liIiaiI() of the sum f Taka as ameiid; and
ss hereas the said sum has not been paid and an orde r has been made foi
his simple imprisonment in Jail for the period of das,
unless the aforesaid um he sooner paid
The is to authorize and require on. the said Suprintendent oi
Keeper), to receive the said (name) into \ our custody. together s ith th i
\\ arrant , and him saftt\ to keep in the said Jail for the s:c id period of
(term of Imprisonment). subject to the pros isioiis of section 69 of the
Penal Code, tin less said sum he sooner paid, and on the receipt thereof,
forthssith to set him at liserl\, returning this ssarran ssith all
endorsement certi fving the manner of its execution.
Gis en under nis hand and the seal of' the Court, this da
of 18
(Seal) (Signature)
124
XXXL.- SUMMONS TO WITNESS
(See sec funi 69 (111(1 252)
Fo of
Wthcreas complaint has been made before that of has
(or is suspected to fliave) committed the offence of (Jafe the c?f1e1lce
concisely with time and place,), and it appears to me that YOLI are likely
to give material evidence for the prosecution:
YOU are hereby summoned to appear before this Court on the
day of next at ten o'clock in the forenoon, to testify
what you know concerning the matter of the said complaint, and not to
depart thence without leave of the Court; and you are hcrehy warned
that, if you shall without just excuse neglect or refuse to appear on the
said date, e warrant will be issued to compel your attendance.
Given under my hand and the seal court, this day of 18,
(Seal) (Signature)
XXXII] Omitted b y Ordn. No. XLIX of 1978.
XXXIII]
XXXIV.- WARRANT OF COMMITMENT UNDER SENTENCE
OF DEATH
(See section 374)
Io the Superintendccnt (or Keeper) of the Jail at
Whereas at the Session held before mc oil day
of 18 (iiamc of priconel,), the (lst2ndird, as the
case ma y be) prisoner in ca.-,e No. of the
Calender at the said Session, was dul y convicted of the offence of
culpable homicide amounting to murder under section of
the Penal Code, and sentence to suffer death, subject to the conPrniation
of the said sentence b y the Court of
This is to authorize and require you, the said Superintendent (or
keeper), to receive the said /oisond'iv naiiie,) into your custcly in the
Ad sail, together 'ith this svarrnntarid him there safel y to keep uni
you shall receive the further warrant or order of this Coot, carryinc o
effect the order of the said Court,
Given under nv hand and the seal of the Court, tli is cmv
of I'll,
(Seal) (S iOoitu rc)
-'-I
XXXV.\\ARRArSI' Oil ' EXECUTION ON A L''i'ENCE O
DEATH
(See see/lu,, 381)
To the Stiperiiiicndeiit (or keeper) of the Jail at
\\ herea (/ol///c / /)1i.voiic)'), the (1st, 211d, diii, as the caè may be)
prisoner in case No. of the Cii lender at the Session
held before me on the day of 1$ , has
been b y a wanant o t this Court, dated the day
A committed to your custod y tinder sentence of death
and \ Areas the order of the Court of con firm ing
Me said sentence has been received b y this Court;
This is to authiorl7e and require you, the said Superintendent (or
Keeper), 10 carr y the said sentence into execution b y causing the said
to he hanged by the neck until he he dead, at (lime am!
and to return this warrant to the Court with an
1)/UCC (?/ eXeC!f!io/1),
endorsement eertif\ inc that the sentence has been executed.
Gi\ en under m y hand and the seal of the Court, this day
of IS,
(Seal) (Signature)
r
XXXV!.-WARRANT AFFER A COMMUTATION OF A
' 1NT EN CE
('See Section 381 (izd 382).
To the Superintendent (or Keeper) of the Jail at
Whereas at a Session held on the day of 1$
(ncunc' u/p/'ivomte,), the (1st, 2nd, 3rd as the case may he) prisoner in case
No, of the Calender at the said Session, was
convicted of the offence of' punishable under
section of the Penal Code, and sentenced
to , and was thereupon corn m ittecl to your custody; and
hereas by be order of the Court of (a
duplicate which is hereinto annexed) the pun ishifutent adjueged by the
said sentence has been commuted to the punishment of transportation for
HI (or as the case may be);
This is to authorize and rcqti ire you, the said Superintendent or
Keeper) safely to keep the said prisuiiei''A'naiime in your custody in the
said Jail, as by Iav is required until he shall he delivered over by you to
the proper authorit y and custody for the purpose of his undergoing the
punishment ol transportation wider the said order,
126
If the iiniieuieil sentence i.s one of imprisonment, se', u//cr the
words, custody in the said '', 'and there to carry into exec ution the
punishment of imprisonment tinder the said order according to law.''
Given under my hand and the seal of the Court, this day
of 1$,
(Seal) (Signature)
XXXVIL.-WARRANT To LEVY A FINE BY ATTACHMENT AND
SALE
/(See sec/lois 386 (1) (a)J
To (izaine ciiid designation of the Police-officer or other person ui
persons who is or are to execute the warrant,.
Whereas 'iVanie 012(1 designation oft/ic offender,) was on the day
of 18 , convicted before inc of the offence of (ineiltioiz the
offence cOlzciSCI)'), and sentenced to pay a fine of Taka; and whereas the
said Incznie,7 aithouch required to pay the said fine, has not paid the same
or an y part thereof:
lhis is to authorize and require you to attach an y movable joperry
belonging to the said (ilamel which may be found within the district of;
and, if - within (state the number 01( 101's or hoio:v
allowed) next after such attachment the said sum shall not Paid or
forthwith), to sell the movable property attached, or so mach thereof as
shall he sufficient to satist\ said fine, returning this "arrant, \u flu an
endorsement certi Rin g what you have done under it, imnwLhiatelv upon
its execution.
Given under m y hand and the seal of the Coua. this day
of IS,
(Seal) (Signature)
XXX VIIA.-BONI) FOR APPEARANCE OF OFFENDER
RELEASED PENDING REALISATION FINE.
(See Sec/u)!! 388)
Whereas I, (nuiiu', itiltabit it of /i/ace, have been sentenced to pay
a fine of ]'al:n and in default of pa utent thereof to
undergo inipi'isonniciit for ; and whereas the Court has
been Pleased to order my release on condition oh' m y executing a bond
for in appearance on the tllowin g date (or dates) namel y :-
I licieb y bind 1t\scl I' to appear before the Court of
o'clock on the bl lowing (late (or dates) namely:-
and in case of making dci ult herein, I bind myseit to (orleit to
Go\'crnment, he sum of Taka
day of IS,
Dated this
(Sivature)
JV/wre a bond wi/Il sureties is to be execittetl, add-
that
We do herebY declare ourselves sureties for the above named
on the followingg date (or
he will appear before the Court of
and, in case of his making
dates) namely:-
default therein, we bind ourse'vesjointly and severally to forfeit to
, the sum offaka
Government,
(Signature)
OF COMMITMENT IN CERTAIN CASES
XXXVHLWARRAN T
OF CONTEMPT WHEN A FINE IS IMPOSED.
See section 480)
To the Superintendent (or Keeper) of the Jail at Whereas at a court
(name and description of the otfen(lc';) i n
holden before- me on this day
the presence (or view) or the Court committed wilful contgempt;
has been
And whereas for s6ch contempt the said (na/lie of offencici)
adjudged by the Court lo pay a fine of Taka or in default to stiffer simple
(state the number of months or days);
imprisonment for the snace of
This is to authorize and require you, the Superintendent (or Kper)
into your custody,
of the said, to receive the said (name of offeiider
together with this warrant, and him safely to keep in the said Jail for the
said period of (term of imprisonment) unless the said flue he sooner
paid; and, on the receipt thereof, forthwith to set him at liberty, returning
t
this warrant with an endorsement certifying the manlier of its execution.
clay
Given under my hand and the seal of the Court this
18
of
(Signature)
(Seal)
xxX1X.MAGISTRATEtS OR JUDGE'S WARRANT OR
COMMITMENT OF WITNESS REFUSiNG TO ANSWER.
(See section 485)
To (nan/C and description of officer of Co urt. -
being summoned (or brought
Whereas (na/ne and descriptiOfl,, uired to giveevidenCe on
before this Court) as a witness and this day req
128
ol,rejAce refused to answer a certain question
(ui c HaietioitS) 111 ff to Idlu u
ia .:- I alleged oilnce and
duly recorded, w ithout alleging any just excuse Ioi uH t tuL and for
his contempt has been adjudged detention in custody for (torn! of
rleteiitiuii a//ucieJ);
ilik is to authorize and require you to take the said (name) into
custody, and him satly to keep in your custody ir the space of
days, unless in the meantime he shall
consent t(5 be examined and to answer the questions asked of him, and
on the lnt of tie said da y s, or forthwith on such consent being known,
to hmhg him before this Court to be dealt with according to law,
returning this warrant with an endorsement certifying the manner its
cxc u c tic n.
Given under my hand and the seal of the Court, this day
of 18,
(Signature)
(Seal)
XL-WARRANT OF IMPRISONMENT ON FAILURE TO PAY
MAINTENAC E
(See section 488)
To the Superintendent (or Keeper) of the Jail at
Whereas (name, c1scriptio71 and adcfrss) has been proved before
me to be possessed of sufficient means to maintain his wife(name) or his
child (name) who is by reason of (state the reason) unable to maintain
hereself (or himself) and to have neglected or refused to do so, and an
order has been duly made requiring the said (name) to allow to his said
wife (or child) for maintenance the monthly sum of Taka
and whereas it has been further i5rovcd that the said (name) in wilful
disregard of the said order has failed to pay Taka ; being
the amount of the allowance for the month (or months) of
And thereupon an order was mada adjudging him to undergo simple (or
rigorous) imprisonment in the said Jail for the period of
This is to authorize and require you, the said Superintendent (or
Keeper), to receive theaid (name) into your custody in the said Jail,
together with this warrant, and there carry the said order into execution
according to law, returning this warrant with an endorsement certifying
the manner of its execution. -
Given under my hand and the seal of the Court, this day
of 18
(Signature)
(Seal)
129
XIL-WARRANT TO ENFORCE THE PAYMENT OF MAIN
TENANCE BY ATTACHMENT AND SALE
(5ee sect/wt 488)
Jo ('Ia//lie cnicl designation of the P()IICC (?itker or oilier person to
execote the warrant).
Whereas an order has been duly made requiring (name) to allow to
his said wife (or chi l d) for maintenance the monthly sum offaka
and whereas the said (name) in wilful disregard
of the said order has failed to pay 'laka, , being the
amount of the allowance for the month (or months) of
This is to authorize and require you to attach any movable property
belonging to the said (name) which may be found within the district of
,and if within (state the number u/ da ys or hours allowed,)
next after such attachment the said sum shall not be paid (or forthwith),
to sell the movable property attached, or so much thereof), as shall he
sufficient to satisfy the said sum, returning this warrant, with an
endorsement certifying what you have (lone tinder it, immediatel y upon
its execution.
Given under m y hand and the seal of the Court, this day
of 18,
(Seal) (Signature)
XLI!.- BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY
BEFORE A MAGISTRATE
(See sections 496 (111(1 499).
I, (na/ne), of pIace), being brought bckfore the Ma g istrate of (as the
case may be) charged with the offence of, and require to
ui\C securit y for my attendance in his Court and at the Court of
Sessions, it' required, do bind myself' to attcnd at the Court of the said
Magistrate on every da y of the preliminary inquiry into the said charge,
and should the case be sent for trial b y the Court of Sessions, to he, and
appear before the said Court when cal led upon to answer the charge
against me: and, in case of my making detaii It herein, I bind rnvsel I' to
forfeit to Government the sum of 'l'aka
Dated this day of' 18,
(Signature)
I hereb y declare invsel I'(or We jointl y and several iv declare
y
ourselves and each of us) surel (or sureties) Ir the said (name) that he
shall attend at the Court of oil ever y da y of the preliun:uy inquiry into
I.. (1
H!. r.i1st tint, iH, shout1 i i i
'.1
bo cI1t by rit
:0ti, .
1 :sppcar, eiro the said Court
t/C
It) ait\VC the charge aeutnst him, and, 0 1
d.niu detiu!t
• "
herein, I bind uisclt (or we hint onacIves) to lu it to
S11111 ot 1'ah:i
i)i(ed ilius day of I
(Signature)
XLUL-'WARRAN'f TO DISCHARGE A PERSON l:tPRlsONED
ON FAILURE TO GIVE SECURITY.
(SCL' section 50(Q)
to the Superintendent (or It of the Vil at
(0/ othei' ot/icer in whose ciisirody the person is),
\Vhcrcas Incitne and description ojpiisoiiei) was committed to your
cus tod y nder warrant of this Court, dated the day of
ti
and has since with his suret y (or sureties) duly executed a bond Linder
section 499 of the Code of Criminal Procedure;
This is to authorize and require you forth\vittl to d kcharee the said
name) tioni your custod y , unless he is liable to be detained for some
other matter.
Given under my hand and the seal of the Court, this day
of 18,
(Seat) (Signature)
XLIV.- WARRANT OF ATTACHMENT TO ENFORCE A BOND.
(See sec/ton 514)
To the Police Officer in charge of the Police-station at
Whereas (ocinie, c/escul/)tion and cicic/recs q/ person,) has failed to
appear on mention the occasion) pursuant to his recognizance, and has
by such default forfeited to Government , the sum of
Taka iIie peiicil' in the boncO; and whereas the said (//cone of person
has on due notice to him, failed to pay the said snot or show any
suilicient cause why payment should not he enforced against him;
This is to authorize and require you to attach any movable property
of the said (i/u/lie) that You nay bud within the district of I by
seizure and detention, and, if the said amount be not paid within One
days, to sell the property so attached or so much of it as may be
131
sufficient to rcalise the amount aforesaid, and to make return of what
you have done under this warrant i:mediately upon its execution.
Given under my hand and tho of the Court, this day
of
(Seal) (Signature)
X;V.-NOTICE TO SURETY ON BREACH OF A BOND
(See section 514)
To of -
Whereas oil day of, 18 , you
became surety for (name) of (p;ace) that lie should appear before this
day of and bound yourself in
Court oil
default thereof to forfeit the sum of (Taka) to
Government; ; and whereas the said (name) has faild to
appear before this Court and by reason of such default 3ou have
forfeited the aforesaid sum of(Taka)
You are hereby required to pay the said penalty or show cause,
within days from this date why payment of the said
SUM should not be enforeced against you.
Given under my hand and the seal of the Court, this day
of 18
(Si(Inature)
I'
(Seal)
XLVI.-. NOTICE TO SURETY OF FORFEITURE BOND FOR
GOOD, BEHAVIOUR,
(See section 514).
To of
(lay of 18 , you
Whereas oil
became surety b y a bond for (na/rn') of (place) that he would he of good
behaviour for the period of and bond yourself in default
thereof to forfeit the sum of Taka) to
(Government),and vhreas the said 01cw1e) has
ecu convicted of the offence of (rnL'IlIio;z 11w) ([fL'1Icr CQ1W1SC/)')
committed since u become forfeited;
You are hereb required to pay tue said penJty of (TaRa)
or to show cause within (lays why it should
nl be paid. -
C iven under my hand and the seal of theCourt, this day
1$
(Seal) (Sinature)
132
XLVIL- WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 514)
To of
Whereas (name, descriptio:" and address) has bound himself as
surety for the appearance of (mention the condition of the bond, and the
said )'naine) has made default, and thereby forfeited to (Government),
he sum of (Taka) (the
penalty in the bond):
This is to authorize and require you to attach any movable property
of the said (nw),e which you may find within the district of
by seizure ann detention; and, if the said amount be not paid within three
days, to sell the property so attaciecl so much of it as may be sufficient
to realize the amount aforesaid, and make return of what you have done
under this warrant immediately ucn its execution.
• Given under my hand and the seal of the Court, this day
of 18
(Seal) (Signature)
XLVIII.- WARRANT OF COMMITMENT OF THE SURETY OF
AN ACCUSED PERSON ADMITTED TO BAIL
(See Sc'CIiPJl 414)
To the Superintendent (or Keeper) of the Civil Jail at
Whereas (name uic/ descriptioii of sure/i) has hound himself as a
suret y for the appearance of (state the condition of the bond) and said
(na/nc) has thereiil made default whereby the penalty mentioned in the
said bond has been forfeited to 6overnment ; and whereas
the said (name of surelt) has, oil notice to him, failed to las' the said
SUM or show any sufficient aus wh y payment should not he enforced
aeainst him, and the same cannot he recovered by attachment and sale of
movable property oi his, and all has been made for his
i ni prisonment in the Civil Jail for (specify the perio(l);
This is to authorize and require you, the said Superintendent (or
Keeper), to receive tile said (name) into your custody with this warrant
and him safely to keep in the said Jail the said (a'rm o/ in;prRoiimeii),
Mid to return ilusvarrant with an endorsement certifying tile manner of
its execution.
G iVell under my hand and tile seal ol tile Court this day
. 0 1' • 1$
(Seal) • (Signature)
57-
133
XLLX.-NOTICE TO THE PRINCIPAL OF FORFEITURE OF A
130N1) TO KEEL 1 THE PLACE
(Sec' section 514)
-T (llci/iic', description and address).
Whereas on the day of .18 'you
entered into a bond not to commit, etc., (as in the bond), and proof of the
I
of' the same has been given hcthre mc and dul y recorded;
'You are hereby called upon to pa' the si:d penalty of Taka
or to show cause before me within days why payment of the
same should not be enforced against you.
Dated this day of 18
(Seal) (Signature)
L. WARRANT TO ATTACH THE PROPERTY OF THE
PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE.
(See section 514)
To (na/ne and designation oJ'Police OjJicer,, at the Police-station of
Whereas (name and desc)-iption,) did, on the day
of 18 , enter into a bond for the sum of
Taka binding himself not to commit a breach of the peace, etc. (as in the
bond), and proof of the forfeiture of the said bond has been given before
me and duly recorded; and whereas notice has been given to the said
(name) calling upon him to show cause why the said sum should not be
paid, and he has failed to do so or to pay the said sum;
This is to authorize and require you to attach by seizure movable
prOper belongin g to the said (name) to the value of Taka which
You may find within the district of , and, if the said
sum be not paid with to sell the property so attached, or so much of it a
may be sufficient to realise the same; and to make return of what you
have (lone under this warrant immediately upon its executinu
G ivea under my hatid and the seal of the Cuu rt, this day
of 18,
(Seal) (Sio,natr1e)
134
LI.-WARRANT OF IMPRISONU i}NT ON BREACH OF A BO)
TO KEEP TIlE PEACE.
See seC/toil 514)
To he Superinteiident (or Keeper) of the Civil Jail at
Whereas proof has -'bcen given before me and duly recorded that
(11a/I1C (iiicl LIcSc/iti01l) has corn in itted a breach of the bond entered into
by him to keep the peace, where he has forfeited to Government
the sum of Taka , and whereas the said (1w1110
fill led to pay the said sum or to Show cause why the said sum should not
he paid although duly called upon to do so, and payment thereof cannot
be nthrccd by attachment of his movable property, and an order has
made for the imprisonement of the said (ilanie) in the Civil Jail for
been made
the period of (tel/n of imprisoiwienl,);
This is to authorize and require you, the said Superintendent (or
Keeper) of the said Civil Jail, to receive the said 'na/ne,) into your
custody, tocether with tthis warrant, and him safely to keep in the said
Jail for the said period of (Icr/li 01 jinprisofniiicn, and to return that
all certifying the manner of its execution.
warrant with
Given under my hand and the seal of the Court, this clay
of 18
(Seal) (Signature).
LII.- WARRANT OF ATTACHMENT AND ALE ON
FORFEITURE OF BOND FOR GOOD BEHAVIOUR.
('See section 514)
To the Police-officer in charge of the Police station at
Whereas (name, desciiptioi; and address1) did, on the
day of 18 , give security by bond in the
SUM of Taka for the good behaviour of (name, etc. of
the principal and proof has been given before me and duly recorded of)
commission by the said 'nu/iie of the offence of whereby
the said bond has been forfeited: and whereas noticeThas been to the said
(n(I/nc)calhing upon him to shfow cause why the said sfflivhould not not
be paid, and he has failed to do so or to pay the said sur;;
This is to authorize and require you to attach by seizure mo'ar
property belonging to the said (nanc) to the value of Taka which'.
you may find within the district f afld, if the said'
suni be uct paid within tb sell the proity
attached or so much of it -IF may be sufficient to realise the s, rne, and to
:-
135
make return of what you have done under this warrant immediately upon
its execution.
Given under my hand and the seal of the Court, this day
of 18
(Signature)
(Seal)
Lill.-WARRANT OF IMPRISONMENT ON FORFEITURE OF
BOND FOR GOOD BEHAVIOUR.
• (See section 514)
To the Superintendent (or Keeper) of thCivil Jail at
• Whereas (name, description thid address) did, oil
of 19 , give securityby bond in the sum of Tak.
and proof of the
for ti l e good behaviour of (name, etc, of the principal)
breach of the said bond has been given before me and duly recorded
the
whereby the said (name) has forfeited to Government,
he has failed up to pay till
sum'ofTaka , and 1hereas
said sum or to show cause hy the said sum should not be paid althcugl
duly called upon to do so, and payment thereof cannot be enforced by
attachment of his mbvable property, and an order has been made for the
in the Civil Jail for the period of (term
i mprisonment of the said (name)
of imp1-is07711w77t,
This is to authorize and require you, the Superintendent (or Keeper)
to receive the said (name) into your custody, together with this warran
and him safely to keep in the said Jail for the s:iid period of (term
imprisonment) returning this warrant with an endorsement certifying tL
manner of its execution.
Given under my hand and the seal of the Court, this
of 19
(Sicilature)
(Seal)
THE END,