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3/97

I M P R I L T H I O P I N G O V R N M N T

PROCLAM ATION No.185 OF 1961

Crim inal Procedure CodeOf Ethiopia

Published by authority of theM inistry of Pen

A ddis Ababa


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The first edition of this book was published during this 3200 yearof the reign of His Imperial M ajesty Haile Selassie I

Em peror of Ethiopia

This edition reset and reprinted 1962 E.C. (1969)

NEGARIT GAZETApublished monthly by authority of

th(' M inistry l?/ PenP.O. Box 137

Printed byBerhanena Selam Haile Selassie I Printing Press

A ddis A baba Ethiopia


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The C rim inal Procedure C ode Proclam ation 1961

CONQUERING LION OF THE TRIBE OF JUDAH

H AILE SELLA SSIE I

ELECT OF GOD, EM PEROR OF ETHIOPIA

W HEREAS a Crim inal Procedure Code has been prepared under O ur supervisionand has received the approval of O ur Senate and C ham ber of D eputies;

NOW THEREFORE, in accordance with Articles 34 and 88 of Our RevisedConstitution We approve the resolutions of O ur Senate and Cham ber of D eputiesand We acco rdingly pro claim as follow s:

1. T his proclam ation m ay be cited as The Crim inal Procedure Code Proclam a-

tion 1961.The Criminal Procedure Code 1961 as published in a separate volumeappearing as Extraordinary Issue No. I of 1961 of the Negarit Gazeta shallcome into force three m onths from the date of its publication in the N egaritGazeta.

2.

Given at Addis Ababa, this 2nd day of November,1961TSAHAFE T AEZAZ AKLILU HABTE W OLD

Prim e M inister and M inister f Pel


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Table of ContentsPRELIM IN ARY TITLE

A rt. I.- Sl'Opeofapplimtion.2. - Aj,p lication as to time .3. - lnterpr('(ation.

BOOK I

Jurisdiction of Courts,

Public Prosecution D epartm ent A nd Police

C hapter ].- JURISDJCTION OF COURTSA rt. 4.- Juri ;cliui m as regards offences.

5. - Person.\'to he tried.6. - Area o/jurisdiction.7, - Appe{{atejurisd;u;on.

C hap ter 2.- PUBLIC PROSECUTION DEPARTM ENT AND POLICEA rt. 8.- POlI ersof public prosecution department.

9. - Duties of the police.

10.-- Police public prosecutors.

BOOK II

Prosecution And Inquiry

TITLE I

Selling in M otion Prosecution and Inquiry

Chapter I .- SETTIN G JU STICE IN M OTIO NSection I. - A('( 'u,mtion and complaint

A rt. II. - Accusation in general .12.- Anonymous accusations.13.- Offences punishable on complaint.14,- Form ofaccu,mtion or compla in t.15.- Accusation or compla in t aga inst an unknown offender.

1 9

2 0

2 0

2 22 2


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16.- Authority competentfor receivingaccusationor complaint.17.- A ccusa tion or compla in t addressed to wrong authority.18.- False accusation or complaint.

Section 2. - Settingjustj( '( ' in motion in flagran t casesArt. 19.- Flagrantoffences.

20. - Assimila ted cases.21. - E ffe ct a s re ga rd s se ttin g in m otio n o f p ro ce ed in gs o r a rre st.

Chapter2. -- POLICE INVESTIGATIONArt. 22.- Principle.

23. - Duty of police to investigate .24. - Recording of s ta tement.25. - Summoning of accused or suspected person.

26. - Arrest.27. - Interrogation.28. - Release on bond.29. - Procedure after arres t.30. - Examination of witnesses by the police.31.- No inducementto be offered.32. - Searches and seizures .33.- Issueof searchwarrant.34. - Physical examinqtion.

35. -Power of court to record s ta tements and confess ions .

36.- Diary of investigat ion.37. - Report of police invest igation.38. - Action by public prosecu to r on receiv ing repor t.39. - Closure of police investigationfi le.

Chapter 3. - IN ST IT U TIO N O F P RO C EE D IN G SArt .40.-- Duty to instituteproceedings.

41. - Doubtful cases .42. - Cases whereproceedings shall not be ins ti tu ted.43. - Form of refusa l.44. - Effect o f refusa l.45. - Form of and dec is ion on app lication.46.- Liabilityofprivatepro~ecutor.47. - Persons ent it led to conduct private prosecutions .48.- Stay of proceedingsinprivateprosecutionpending institution

of p roceed ings by pub lic p rosecu to r

23

24

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Ti T 11

Steps to be Taken Pending Investigation

Otapter 1. - ARRFSTSection I. - Arres t withou t warran t

A rt. 49.- Principle.50.- Arres t withou t warran t in f lagran t cases .51.- A rre st w ith ou t w arra nt b y th e p olic e.

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Section 2. - Warran t o f a rres tA rt. 52.- Principle.

53. - I ssue of warran t.54. - W hen w arrant o f arrest to be issued .55. - Applicationfor warran t in urgen t cases .

31

Section 3. - Generalprovisions.A rt. 56. - A rre st h ow m ad e.

57.- A ssista nc e m ay b e re qu ire d to e ffe ct a rre st.58. - Handing over of a rrested person.59. - Detention.

32

Otapter 2. - REMANDA rt. 60.

-Conditions of remond .

A rt. 61.- Deta ined persons r ight to consu lt advocate .Art. 62. - Finding of sureties .

33

Chapter 3. - BAILSection I. - Bail Bond

Art. 63. - Princi le.64. - Applica tion for bail .65. - C ou rt m ay d ire ct b y C '1 Id orse me nto n I\'a rra nt se cu rity to b e

taken.66. - Decis ion on app lication for bail.67. - Bail not a ffowcd .68. - Bail affowed.69. - A moun t to be secu red.70. - Obligations of guarantors.71. - D ura tio n o f b ail b on d.72. - Release.

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73. - Mis take or fraud.74. - New facts.75. - Application to court of appeal where bail refused.

Section2.- E ffect of b ail bondA rt. 76.- Failure to appear.

77. - Releasedperson likely to abscond .78 . - Discharge of suret ies.79. - Forfeiture ofrecognisances.

BO OK III

P reliminary Inqu iry And Committal For Tria lA'rt. 80.- Principle.

81. - Court havingjurtsdiction.82. - Procedure.83. - Opening of pre liminary inquiry.84. - Taking evidencefor prosecution.85.- A ccu sed asked w hether he w ishes to m ake a statem en t.86...,- Sta tement of accused .87. - Additional witnesses.88. - Recording of evidence.89; - Committa l fo r tr ia l.90.

-Bond of witnesses .

91. - Record to beforwarded to reg istr ar.92. - Contents o f record.93. - A cc use d m ay b e re ma nd ed .

BOO K IV

Trial

TITLE I

Chapter 1. -GENERAL PROVISIONSA rt. 94.- Adjournmenl. - Conditions.

95. - New adjournment and summonses.96.- EJ.fectofaq,ournment97. - Exhibits.98. - Contents o/record.

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37

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Chapter 2. - PLA CE O F TR IA LArt. 99.- Ordil lary place oltrial .

100.- A ccused triable in place w here act is done or w here conse-quences ensued.

]0]. - Place oltrial w here act is (111J /e nc e b y re aso n o fre la tio ll toother oj/encl' .

102.- Triall l'here place ofoJ /ence is uncer ta in .103.- Offellce C'Ommittedon ajoutney.

104. - Place ol trial of oflence com mitted outside Ethiopia on anEthiopian ship 01' aircrap.

105.- Cour t hm'ingju risd in ion in mses o lreills ta tement.]06. - Change olvenue.107.- Public prosecu to r to d irec t p lace f l tr ia l.

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Chapter3. - T HE C HA RG EA rt. 108.- Principle.

]09. - Framing, filing and service o t the charge.] 10.- Clutl 'ge wrongly filed.I] I. - Contentsandform of the charge.1]2. - Description of circum stances.113. - W here it is doubtful what oflence has been C'O mmitted.114. - Aggravated offences how charged and procedure.115.-- P erso n ch arged w ith an oj/ence m ay be co nvicted ol an

attem pt or as accessory or instigator.

116. - M ore than one charge.] 17. - Joinde r o lcha rges .118. - E fl 'c t o f e rr or s.119.- A Ite ra tion or add ition to charge.120.- E l/e ct o la lte ra tio ll 0 1' a dd itio ll.12]. - R em ll o lw itn ess cs .122. - Withdrawalolcharges.

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Chapter 4.-- THE TRIAL

Section I. - T he h ea rin g4rf. 123. - Trialfo he (i'\ed.

124. - Witness summonses.125.- Benchwarrant.]26. -- Opening of hearing.127.-- Attendance of accused.128. - Verif ica tion ofidenti tl '.

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129.- R ea din k o ut o f c ha rK e.130.- Objections to the charge.13\. - Sett lement of object ions.132.- Plea of accused .133.- Plea of not guilty.134.- Plea of gui lty.135.- A m en dm en t o f p le a.

Section 2. - Evidence andjudgment.A rt. 136.- Opening of case and calling of witnesses for p rosecu tion.

137.- Form of quest ions put in examinat ion-in-chief138.- Antecedents o f accused .139.- Re-examination.140.- Absence of cross-examination.14\. - Acquitta l o f accused when no case fo r prosecu tion.

142.- O pe nin g o f c ase fo r d efe nc e.143.- Additional witnesses.144. - Depositions taken in prelim inary inquiry may be putin

evidence.145. - Statem ents m ade in police investigation m ay be putin

evidence.146.- Object ion to evidence.147.- Recording of evidence.148.- Final addresses.

149.-Judgment and sen tence.

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Chapter S. - P R IVAT E P R OS EC U TIO NA rt. 150.- Filing compla in t and charge.

IS\. - Attempt to reconcile the .par ties .152.- Secur ity fo r cos ts .153.- Hearing andjudgment.

55

Chapter 6. - IN JU RED PA RTY IN C RIM IN AL PR OC EED IN GSA rt. 154.- Principle.

155.- Application dismissed.156.- Application allowed.

.

157.- Inju red par ty may withdraw.158.- Acquittal or discharge .159.- Order on award of compensa tion.

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TITLE II

Special P rocedu res

Cllaptll' 1 .- PROCEDURE IN CASES OF DEFAULTA rt. 160.- Principle.

Section I. - F(l ilure to appear in public proceedingsA rt. 16 .- Conditions fo r trying accused person in h is absence .

162.- Publ ication of summons.163.- Hearing andjudgment.164.- Sett ing a.f ide ofjudgment.

57

57

Section 2. - F ailure to appear in private proceedings.Art. 165.- A bse nce o f p riv ate p ro secu to r.

166. - A bsence of accused.

58

CIIapter 1. - PROCEDURE IN CASES OF PE1TY OFFENCESArt. 167 .- Summoning of accused.

168.- Accus i>dmay plead guilty in writing to petty oflencC '.169.- Proceedi Jgsand judgment.170.- PrOl'edure where accused ( /ppears before the court charged

with petty offence.

59

OIapter 3 . - PRO CED UR E IN C ASES CO NCERN IN G Y OU NG PERSO NS fiOArt.17 . - Principle.172.- Institutionofproceedings.173.- Summoning of young person's guard ian.174.- You ng p erso n m ay b e a ssiste d b y c ou nse l.175.- R em ov al o f y ou ng p erso nfro m c ha mb ers.176.- Hearing.177.- Judgment.178.- O rd ers w hic h m ay b e m ad e a ga in st p are nts a nd g u(/rd ia n,f.179.

-C ost o f u pk ee p o f y ou ng p erso n in c erta in c irc um sta nc es.

180. - Variation or modification of order made in respect ofyoung pC 'rson.


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BOO K V

Appea ls and Applicatio lB to set Aside Judgments

G iven in D efault

TITLE I

AppealA rt. 181.- Principle.

182.- Courts having appellatejur~diction.183.- A pp lic atio n to H is Im pe ria l M a je sty 's C hilo t.184.- No interlocutory appeals .185.- Appeal agains t convic tion and sentence.186.- Appeal where injured par~v cla ims compensat ion.

187.- N otice of appeal and m em orandum of a ppeal.188.- Stay of execu tion.189.-Contents of m emorandum of appeal.190.- R ecord and exhibits to be/orw arded to court of appea l.191.- Applicatian/o r leave to appea l outo /time .192.- Hearing.193.- Absence of a party to the appeal.194.- Additional evidmce.195.- P ow ers o f c ou rt o f a pp ea l.196. -W here one appeal in case concerning several convkted

persons.

63

TITLE II

Application to set Aside Judgment Given in DefaultA rt. 197 . -. Court IiOvingjurisdiction.

198.- Tim e a nd fo rm o f a pp lic atia n.199.- Grounds/or granting applica tion.200 . - Actian uponf1l ing 0/ applica tion.201. - Hearing.202. - Judgment.

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BOOK VI

Execution of Sentences

C hapter 1.- GENERAL PROVISIONSArt. 203 .- Principle.

204. - Wa rra nt in re sp ec t o f p erso n se nte nc ed to d ea th .205. - Wa rra nt in re sp ec t o f p erso n se nte nc ed to lo ss o f lib erty.206. - E xe cu tio n m ay b e p ostp on ed in c erta in c ase s.207. - Warran t in respect o f person sen tenced to f logg ing.208. - Warran t in respect o f ir responsib le persons .209. - Recovery offines.210. - Payment of cos ts and compensa tion.211. - Confiscation of property212. - Sequestration of property.

213.- Orders in respect o f young persons .214. - Compulsory labour, secondary penal tips and measures .21~.- Recording of orders for execu tion.

Chapter 2.- VAR IATIO N O F O RD ER S C ON TA IN ED IN SEN TEN CESArt. 216.- Principle.'

217.- Procedureanddecision.

C hapter 3. - R EIN STAT EM E NTArt. 218.- Applicationfor reinstatement.

219._. Procedureanddecision.

BOOK VII

Costs in Criminal CasesArt. 220 .- Costs of public prosecution.

221. - Costs of private prosecution.222.- Injuredparty.

BOOK VIII

A tbia D agnias w ith Sum mary JurisdictionArt. 223 .- Jurisdiction.

224. - Appeal.

69

72

73

74

75


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First S ch ed ule : P la ce s o f Tria l 77

Second Schedule: Forms of Charges 89

Third Schedule : Forms 95


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Preliminary Title

Art. I. - Scope of application.(I) U nless otherw ise expressly provided, the provisions of this C ode shall apply

to all persons alike.(2) U nless otherw ise expressly provided, the provisions of this C ode shall apply

to all m atters com ing w ithin the jurisdiction of the courts, the prosecutionand police authorities.

Art. 2. - Applica tion as to t ime.( I) The provisions of this Code shall apply from the day of its coming into

force to all cases pending on such day and occuring thereafter.(2) Any case pending on the com ing into force of this Code shall be completed

by the court having: jurisdiction L inder the law repealed by this C ,'de:Provided that where any case is pending before a court not mentioned inthis Code, such case shall be completed by the court having jurisdictionunder this C ode.

Art. 3. - InterpretationIn this C ode the follow ing expressions shall have the follow ing m eanings:'Advocate General shall mean the Advocate General appointed under the

provisions of the Public Prosecutors Proclamation No. 123 of 1952 andshall include the A ttorney G eneral in w hatsoever law m entioned;

court shall m ean a court established by law ; Deputy Advocate General shall mean the Deputy Advocate General ap-

pointed under the provisions of the Public Prosecutors Proclam ation N o.123 of 1952;

law shall include proclam ations, decrees, orders and any subsidiary legisla-tion m ade thereunder;

M inister shall m ean the M inister of Justice; prescribed shall m ean prescribed by this C ode or by regulations m ade there-

under; public prosecutor shall m ean a public prosecutor appointed under the pro-

visions of the Public Prosecutors Proclam ation N o. 123 of 1952;

registrar shall include the deputy registrar, an assistant registrar and a clerkof the court; young person shall m ean a person betw een the ages of nine and fifteen.

19

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20 CRIM INAL PROCEDURE CODE

BOOK IJurisdiction of C ourts Public P rosecution

D epartm ent and Police

Chapter 1. - Jurisdiction of Courts

Art. 4. - Jur isdic tion as regards offences .(I) The courts m entioned in the third colum n of the First Schedule to this Code

shall have jurisdiction to try the offences m entioned in the first and secondcolumns and impose the punishments provided by law.

(2) The M inister may by order published in the Negarit Gazeta alter or varyth e F irst S ch ed ule.

Art. 5. - Persons to be tried.(I) No young person (Art. 53 Penal Code) may be tried together with an adult.(2) No member of the Armed Forces may be tried together with a civilian

except for an offence which does not come within the jurisdiction of am ilitary court.

Art. 6. - Area of jur isdiction.C ourts shall exercise local jurisdiction in accordance w ith the provisions of A rt.99-107.

Art. 7. - Appellate jurisdiction.C ourts shall exercise appellate jurisdiction in accordance w ith the provisions ofArts. 182.

Chapter 2.- P ublic Prosecution D epartm ent and Police

Art. 8. - Powers of pub lic prosecu tion depar tment.(I) The Advocate General, the Deputy Advocate General and the public pro-

secutors shall be responsible for carrying out the duties imposed on themunder this C ode.

(2) The public prosecution department may in the discharge of its duties givethe necessary orders and instructions to the police and ensure that thepolice carry out their duties in accordance w ith law.

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BOOK I 21

Art. 9. - D uties of the police.T he police shall in accordance w ith the provisions of this C ode assist the publicprosecution department in:(a) preserving the peace and preventing crim e;

(b) discovering the com mission of offences;(c) apprehending offenders; and(d) prosecuting offences when mem bers of the police are appointed as public

prosecutors.

Art. 10. - Police public prosecutors.W here a m em ber of the police force is appointed as a public prosecutor he shallcarry out the instructions of the public prosecution departm ent.

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22 CRIMINAL PROCEDURE CODE

BOOK IIProsecution and Inquiry

TITLEISetting in M otion Prosecution and Inquiry

Chapter 1. - Sett ing Just ice in Motion

SectionI. - Accusation and complaintArt. II . - A cc usa tio n in g en era l.

( I) Any person has the right to report any offence, whether or not he haswitnessed the commission of the offence, with a view to criminal proceed-ings being instituted.

(2) There shall be a duty to report in the cases provided in Art. 267, 344 and

438 Penal Code.

Art. 12. - Anonl mousaccusations.Anonym ous accusations w hich disclose serious breaches of the law and are onthe face of them circum sta.1tial and credible shall be investigated by the com -

petent police authorities in the m anner prescribed by A rt. 22 et seq. w ith a viewto ascertaining the truth or otherw ise of the accusation.

Art. 13. - O ffe nc es p un ish ab le o n c om pla in t.In the case of offences which under the law may be prosecuted and punishedonly upon a form al com plaint by the injured party or those deriving rights fromhim , the provisions of A rt. 217-222 and 721 Penal Code shall apply.

Art. 14.- Form of accusationor complaint.(I) A ny accusation (Art. II) or com plaint (A rt. 13) shall be reduced to writins

by the person to whom it is made and when completed shall be read over toto the complainant who shall sign and date it.

(2) W here an accusation or complaint is made by more than one person (Art.219 Penal Code), all such persons shall sign it.

Art. 15.- Accusationor complaintagainst an unknownoffender.W here the offender cannot be identified because he is unknown to the personm aking the accusation or com plaint, such person shall furnish such details asare know n to him w ith a view to establishing the identity of the offender.

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BOOK II 23

Art. 16. - A uthority com fJP tent for receiving accusatio n or com plaint.(I) Any accusation (Art. I I) or complaint (Art. 13) may be made to the police

or the public prosecutor. An accUsation or complaint regarding a youngperson shall be made in accordance with Art. 172.

(2) W here it is made to the public prosecutor, the prosecutor shall forward itto the com petent police officef w ith a View to an investigation being m adeunder Art. 22 et seq.

Art. 17. - A cc usa tio n o r c om pla in t a dd re sse d to w ro ng a uth ority.W here an accusation or complaint is made to a person or authority other thanthe police or the public prosecutor or to a police authority or a prosecutor hav-ing no jurisdiction, such person, authority or prosecutor shall w ithout delayforward the accusation or complaint to the appropriate police a~thority orpublic prosecutor.

Art. 18. - False accusa tion or compla in t.W hosoever makes a false accusation or false complaint shall be liable to thepunishments laid down in Art. 441 and 580 Penal Code.

Section 2. - Setting justice in m otion in flagrant cases

Art. 19. - Flagrant offences.(I) A n offence shall be deem ed to be flagrant w here the offender is found com-

m itting the offence, attem pting to com mit the offence or has just com mittedthe offence.

(2) A n offence shall be deem ed to be quasi-flagrant w hen, after it has been com -m itted, the offender w ho has escaped is chased by w itnesses or by m em bersof the public or when a hue and cry has been raised.

Art. 20. - Assimilated cases.

An offence shall he deemed to be flagrant and to fall under the provisions ofArt. 19 when:(a) the police are immediately called to the place where the offence has been

committed; or(b) a cry for help has been raised from the place where the offence is being or

has been com mitted.

Art. 21. - E ffect as regards setting in m otio n of proceedings or a rrest.(I) In the case of offences as defined in Art. 19 and 20, proceedings may be

instituted w ithout an accusation or com plaint being lodged, unless the of-fence cannot be prosecuted except upon a form al com plaint.

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24 CRIM INAL PROCEDURE CL E

(2) An arrest without warrant may in such cases be made on the conditionslaid down in Art. 49 et seq.

Chapter 2. - Police Investigation

Art. 22. - Principle.(I) W henever the police know or suspect that an offence has been comm itted,

they shall proceed to investigate in accordance w ith the provisions of thisChapter.

(2) Investigation into offences com mitted by young persons shall be carried outin accordance w ith instructions given by the court under Art. 172 (2).

Art. 23. - D uty oj police to investIg ate.

Investigating police offiC ers shall carry out their duties under this C hapter not-w ithstanding that they are of opinion that the accusation, com plaint or inform a-tion they m ay have received is open to doubt.

Art. 24. - R ec ord in g o j S ta te me nt.After having recorded an accusation or complaint in the manner laid down inA rt. 14, the investigating police officer shall elicit from the person m aking theaccusation or com plaint all relevant facts and dates, the nam e or description ofthe offender. the names and addresses of principal witnesses and all other'

evidence w hich m ay be available and shaH record them .

Art. 25. - Sum moning oj a cused or suspected person.W here the investigating police officer has reason to believe that a person hC'scomm itted an offence, be may by written-summ ons require such person to ap-pear before him.

Art. 26.- Arrest.(I) W here the accused or the suspect has not been arrested and the offence is

such as to justify arrest or where the person summoned under Art. 25 failsto appear, the investigating police officer shall take such steps as arenecessa ry to e ffect h is a rre st.

(2) W here the arrest cannot be m ade without warrant, the investigating policeofficer shall apply to the court for a warrant of arrest in accordance withthe provisions of Art. 53.

Art. 27. - Interrogation.(I) Any person summoned under Art. 25 or arrested under Art. 26,50 or 51

shaH, after his identity and address have been established, be asked to

answ er the accusation or com plaint m ade against him .

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26 CRIMINAL PROCEDURE. CODE

(2) N o police officer or other person shall prevent or discourage by w hatevermeans any person from making or from requiring to be recorded in thecourse of the police investigation any statem ent relating to such investiga-tion which he m ay be disposed to m ake of his ow n free w ill.

Art. 32. - S ea rc he s a nd se izu re s.A ny investigating police officer or m em ber of the police m ay m ake searches orseizures in accordance w ith the provisions w hich follow :(I) N o arrested person shall be searched except w here it is reasonably suspected

that he has about his person any articles which m ay be m aterial as evidencein respect of the offence with which he is accused or is suspected to havecommitted. A search shall be made by a person of the same sex as the ar-rested person.

(2) No premises may be searched unless the police officer or member of thepolice is in possession of a search warrant in the form prescribed in theThird Schedule to this Code except where:(a) an offender js followed in hot pursuit and enters premises or disposes

of articles the subject m atter of an offence in prem ises;(b) inform ation is given to an investigating police officer or m em ber of the

police that there is reasonable cause for suspecting that articles w hichmay be material as evidence in respect of an offence in respect l'fwhich an accusation or complaint has been made under Art. 14 of thisCode and the offence is punishable with more than three years im-prisonment, are concealed or lodged in any place and he has goodgrounds for believing that by reason of the delay in obtaining a searchw arrant such articles are likely to be rem oved.

4r1. 33. - Issue of search w arrant.0) A search warrant may be issued by any court. No search warrant shall be

issued unless the court is satisfied that the purposes of justice or of anyinquiry, trial or other proceedings under this Code will be served by theissue o f such w arrant.

(2) Every search warrant issued shall specify the property to be searched forand seized and no investigating police officer or mem ber of the police m ayseize any property other than that specified in such w arrant.

(3) O n seizing any property such investigating police officer or m em ber of thepolice shall m ake a list of the property seized and w here possible shall havethe list checked and signed by an independent person. A ny property seizedw hich is required for the trial shall be preserved in a safe place until handedover to the court as an exhibit. Any property not so required may be re-turned to the person from whom it was taken and a receipt shall be taken.

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BOOK II rT

(4) In'effecting a search the investigating police officer or m em ber of the policemay use such foroo as is necessary and may where access to premises isdenied use reasonable force to effect entry.

(5) U nless otherw ise expl'essly ordered by the C ourt, searches shall be carried

out only between the hours of 6 A.M . and 6 P.M .

Art. 34. - Physical examination(1) N otw ithstanding the provisions of A rt. 20 C ivil C ode w here an investigat-

ing police officer considers it necessary, having regard to the offence w ithwhich the accused is charged, that a physical examination of the accusedshould be m ade, he m ay require a registered m edical I-Iractitioner to m akesuch exal)1ination and require him to record in writing the results of suchexamination. Examination under this Article shalI include the taking ofa blood test.

(2) A n investigatingpofice officer m ay, with the agreem ent of the victim of anoffence or, w here he is incapable w ith the consent of the parent or guardian,require a registered m edical practitioner to m ake such physical exam inatio nItS the offence being inquired into w ould appear to require. H e shalI requirethe registered m edical practitioner to record in w riting the results of suchexamination.

Art. 35. - P ow er o f c ou rt to re co rd sta te me nts a nd c on fe ssio ns.(1) Any court may record any statement or confession made to it at any time

before the oPening of a prelim inary inquiry or trial.(2) No court shalI record any such statement or confession unless, upon

questioning the person m akinz it. it ascertains that such person voluntarilymakes such statem ent or confession. A note to this effectshalI be m ade ol'ithe record.

(3) Such statem ent or confession shall be recorded in writing and in fuJlby thecourt and shall thereafter be read over to the person m aking the statem entor G onfession, w ho shalI sign and date it. T he statem ent shalI then be signedby the presIdent orthe court.

(4) A copy of the record shalI then be sent to the court before which the caseis to be inquired into or tried, and to the public prosecutor.

4rt. 36. - Diary of investigation'.(I) Every police officer m aking a police investigation under this Chapter shall

day by day enter his proceedings in the investigation in a diary setting forth:(a) the day on which he started and closed his investigation; and(b) all the steps taken in the course of the investigation; and(c) the circum stances w hich the investigation disclosed; and(d) all the m eans of evidence which may have been collected.

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(2) He shall enter in the diary any order which he may have received from acourt or the public prosecutor in the course of the investigation.

4.rt. 37. - Repor t o f police investigation.

(I) Every police investigation under this Chapter shall be com pleted withoutunnecessary delay.

(2) A s soon as the investigation is com pleted, the investigating police officershall forward to the public prosecutor a report setting forth:(a) the name of the parties; and(b) the nature of the information and the names of all persons who appear

to be acquainted w ith the cirum stances of the case; and(c) all the m eans of evidence w hich have been collected.

(3) The report shall specify all the steps which m ay have been taken with a view

to preservation or otherw ise.

AT-t.38. - A ctio n b y p ub lic p ro se cu to r o n re ce iv in g re po rt.On receiving the report under A rt. 37 the public prosecutor m ay:

(a) pro~cute the accused on a charge drawn up by him under Art. 109-122;or

(b) order that a prelim inary inquiry be held under A rt. 80-93; or(c) order further investigations; or(d) refuse to institute proceedings under Art. 42.

Art. 39. : Closure of police investigation file .(I ) The public prosecutor shall close the police investigation file where the

accused:(a) has died; or(b) is under nine years of age~or(c) cannot be prosecuted under any special law or under public internation-

allaw (dip lom atic im m unity).(2) The provisions of Art. 43-45 shall not apply where the case file is closed

under this A rticle.(3) On closing the case file, the public prosecutor shall send a copy of his

decision to the A dvocate General, the private com plainant, if any, and theinvestigating police officer.

Chapter 3. - Institutionof Proceedings

Art. 40. - D uty to in stitu te p ro ce ed in gs.(I) Subject to the provisions of Art. 42, the public prosecutor shall institute

proceedings accordance w ith the provisions of this Chapter whenever he

is of opinion that there are sufficient grounds for prosecuting the accused.

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BOOK II 29

(2) T he public prosecutor shall not institute proceedings against a young personunless instructed so to do by the court under Art. 172.

Art. 41.-

Doubtfu l cases .W here it is not clear whether proceedings should be instituted, the public pro-secutor shall refer the m atter for instructions to the A dvocate G eneral.

Art. 42. - C ase s w he re p ro ce ed in gs sh all n ot b e in stitu te d(I) N o proceedings shall be instituted w here:

(a) the public prosecutor is of opinion that there is not sufficient evidenceto justify a conviction: or

(b) there is no possibility of finding the accused and the case is one whichmay not be tried in his absence: or.

(c) the prosecution is barred by lim itation or the offence is m ade the subjectof a pardon or amnesty; or

(d I the public prosecutor is instructed not to institute proceedings in thepublic interest by the M inister by order under his hand.

(2) On no other grounds may the public prosecutor refuse to institute pro-ceedings.

(3) The public prosecutor shall institute proceedings In cases affecling the

G overnm ent w hen so instructed by the M inister.

Art. 43. --- F orm of refusal.(I) A refusal to institute proceedings under Art. 42 shall be in writing and shallrecord clearly the reasons for such refusal.

(2) A copy thereof shall be sent to the a~propriate person m r>ntioned in Art. 47and to the investigating police officer.

An 44. ..- qfC i.t of refusal.(I ) W here the public prosecutor refuses to institule proceedmgs under Art. 42

(II (a) in relation to an offence punishable on complain only, he shall

authorise in writing the appropriate person mentioned in Art. 47 to cpnducta private prosecution. A copy of such authcrisations h a l l bt' sent to thecpurt having jurisdiction.

(2 ) W here the public prosecutor refuses to institu c proceedings under Art. 42(I) (a) in relation to an offence which is not punishable On complaint only.the appropriate person mentioned in Art 47 may. withinthir ty d ays fromhaving received the decision of the public: prosecutor. apply for an orderthat the public prosecutor institute proceedings.

4/ r. 45 .

-Form of and decision 11// application.

(I ) An applic tiol1 under Art. 44 (2)shall be made to the court to whichan


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BOOK II 31

Art. 50. - Arrest w ithout w arrant in flagrant cases.A ny private person or m em ber of the police m ay arrest w ithout w a l'I'ant a perS0nw ho has com mitted a flagrant offence as defined in A rt. 19 and 20 of this Code.where the offence is punishable with simple imprisonment for not less thanth ree mon ths.

Art. 51.-- Arres t without warrantby the police .(I) Any member of the police may arrest without warrant any perS0n:

(a) whom he reasonably suspects of having committed or being about tocom mit an offence punishable w ith im prisonm ent for not less than oneyear;

(b) who is in the act of committing a breach of the peace;(c) who obstructs a member of the police while in the execution of his

duties or w ho has escaped or attem pted to escape from law ful custody;(d) who has evaded or is reasonably suspected of having evaded police

supervision;(e) who is reasonably suspected of being a deserter from the armed forces

or the police forces;(0 who has in his possession without lawful excuse housebreaking im-

p lements o r weapons:(g ) who has in his possession without lawful excuse anything which may

reasonably be suspected of being stolen or otherwise obtained by the

commission of an offence;(h) w ho m ay reasonably be suspected of being a dangerous vagrant within

the meaning of Art. 471 Penal Code.(2) N othing in this A rticle shall affect the pow ers of other governm ent officers

to make an arrest without warrant under special provisions of other laws.

Section 2. - Warrant of arrest

Art. 52.- Principle.(I) W here a warrant is required by law to be issued by a court before a person

is arrested the provisions w hich follow shall apply.(2) A warrant of arrest shall be in the form prescribed in the Third Schedule

to this Code.(3) A warrant of arrest shall rem ain in force until executed or cancelled by the

court w hich issued it notw ithstanding the death, retirem ent or replacem entof the judge having issued the w arrant.

Art. 53. -- Issue of w arrant.(I) A warrant of arrest may be issued on the application of any investigating

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BOOK 11 33

(2) W here the person making the arrest has witnessed the commission of theoffence, he shall make a statement in accordance with the pr( ';~ions ofArt. 30.

Art. 59. - Detention.(l) The court before w hich the arrested person is brought (A rt. 29) shall decide

whether such pel1ion shall be kept in custody or be released on bail.(2) W here the police, investigation is not completed the investigating police

officer m ay apply for a rem and for a sufficient tim e to enable the investiga-tion to be com pleted.

(3) A remand,may be granted in writing. No remand shall be granted for morethan fourteen days on each occasion.

Chapter 2. - Remand

Art, 60. - C onaitions of rem and.Any arrested person shall be detained on the conditions prescribed by the lawre la ting to p risons.

Art. 6t .,- D eta in ed p erso ns rig ht to c on su l fld vo ca tl .Any person detained on arrest or on remand shall be permitted forthwith tQ

call and interview his advocate and shall, if he so requests, be provided withthe m eans to w rite.

Art. 62. - F in din g o f su re tie s.Any person on remand who may be released on bail shall be given the opport-unity to find sureties.

Chapter 3. - BaD

Section I. - Bail BondArt. 63. - Principle.

(I) W hosoever nas been arrested m ay be released on bail w here the offence w ithwhich he is charged does not carry the death penalty or rigorous im prison-ment for fd'teen years or more and where there is no possibility of theperson in respect of w hom the offence w as comm itted dying.

(2) No person shall be released on bail unless he has entered into a bail bond,with or w ithout sureties, which, in the opinion of theCourt, is su ffic ient tosecure 'his attendance at the court w hen so required to appear.

(3) N othing in this A rticle shall affect the provisions of A rt. 67.

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BOOK II is

(bl the likelihood of the accused's appearance: andfc) the dan er to public order which his release m av occasion: and(d) the resources of the accused and his guarantors.

(3) Any decision granting or refusing the application shall be in writing and

shall give reasons.

Art. 70. - Obligations of guaranto rs .(I) Unless otherwise expressly provided in the bail bond the guarantor shall

be responsible for securing the appearance of the person released on bailat any time and place to which during the course of the proceedings thehearing may from time to time be adjourned.

(2) N othing herein contained shalI affect the provisions of A rt. 77 and 78.(3) W here the guarantor of a bail bond dies, his guarantee shalIlapse. Any

recognisance w hich has been depo sited shalI be returned to the, g uarantor'spersonal representative. The person released on bail may be ,required toproduce new sureties.

Art. 71. - D uration of bail hO lld.(I) The bail bond shalI be in the form prescribed in the Third Schedule to this

Code.(2) The bail bond shalI remain in force for such period as shall be fixed by the

court but may be extended from time to time by the court.(3) W here the charge against the person released on bail is withdrawn the

court shalI discharge the bail bond.

Art. 72. - Release.W h en the bail bon d has b een entered in to and alI form alities co mp lied w ith,the accused sha ll be re leased from cus tody.

Art. 73.- Mistake o/'f raud.( I) If through mistake, fraud or otherwise, insufficient sureties have been

accepted the court m ay issue a w arrant for the arrest of the person released

on bail and when such person appears, the court may order him to fmdsufficient sureties.

(2) W here he refuses or is unable to do so, the court shall order that he be

remanded.

Art. 74. - New facts .W here. certain facts are disclosed w hich w ere unknow n w hen bail w as granted,the court m.ay at any time of its own motion or on application reconsider theconditions on which bail has been granted and may order the released personto produce new sureties or to be remanded.


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Art. 75. - A pplication to cou rt of ap peal w here baihefu sed .(1) W here bail has been refused by a court, the accused may apply in writing

w ithin tw enty days against such refusal to the court having appellate juris-diction under Art. 182 (1) to grant bail. The application shall set forth

concisely the reasons w hy bail should be granted.(2) The court of appeal after considering the application shall dism iss the ap-plication or grant bail' on such conditions as it shall fix. N o appeal shall lieagainst a decision given by the court of appeal under this A rticle.

Section 2. - Effect of bail bond

Art. 76. - Failu re to appear.(1) W here the person released on bail fails to appear on the date fixed a w arrant

for his arrest shall be issued.(2) The guarantors shall be summoned and required to show cause why theirrecognisances should not be estreated.

(3) The court shall make such order regarding the bail bond as the circums-tances of the case may require.

Art. 77. - R eleased person like(v to a bscond.(1) W here the guarantors are of 'opinion that the accused may abscond, they

shall inform the court and may apply to the court to be released from theirobligations.

(2) The court shall issue a warrant of arrest and when the accused has beenarrested the court shall release the guarantors.

Art. 78. - D isc ha rg e o f su re tie s.(1) The guarantors may at any time bring the released person to the court

w hich released him and thereupon they shall be discharged.(2) All or any of the guarantors may at any time apply to the court which

caused the bond to be taken to discharge the bail-bond either wholly or sofar as relates to the applicant. On such application the court shall issue awarrant for the arrest of the person on whose behalf the bail bond wasexecuted and upon his appearance shall discharge the bond either w holly orso far as relates the applicant.

(3) In the case provided in sub-art. (1) and (2), the court shall require the ac-cused to find other sufficient sureties and, if he is unable or refuses to do so,shall order his remand.

Art. 79. - Forfeiture ofrecognisances.W henever the accused fails to comply with a condition in a bail bond, the bail

bond shall be forfeited unless the accuSed or his guarantors can show causewhy the bond shall not be forfeited.

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Art. 84. - Taking-evidence for prosecution.W here the accused person appears or is brought before it, the court shall re-quire the pro~utor to open his case and to call his witnesses.

Art. 85. - A ccused asked w hether he w ishes to m ake a statem ent.(1) A fter the w itnesses for the prosecution have been heard and their evidence

recorded, the court shall ask the accused whether he wishes to make astatem ent in-answ er to the charge.

(2) He shall be informed that the preliminary inquiry does not constitute atrial and that the decision as to his guilt or innocence will be taken by theHigh Court and not by the committing court.

(3) He shall be informed that he is not bound to say anytl1ing but that anystatement he may wish to make will be taken down in writing and may beput in at his trial.

.4rt. 86. - S tatem en t of accused.(1) If the accused elects to m ake no statem ent, he shall forthw ith be com mitted

for trial before the High Court.(2) If the accused elects to make a statement, such statement shall be taken

down in writing, read over to him, signed by the accused and kept in thefile.

Art. 87. - Additional witnesses.T he court m ay at any tim e call any w itness w hose testim o}lY it think n ecessaryin the interests of justice, notw ithstanding that the prosecutor has not appliedfor such w itness to be sum moned.

Art. 88. - Recordingof evidence.Evidence shall be recorded in accordance with Art. 147 and the evidence ofeach witness shall be recorded on separate sheets of paper.

Art. 89. - C om mittal for trial.(I) After the statement, if any, of the accused has been taken down, the court

shall com mit the accused for trial before the H igh C ourt w ithout specifyingthe charge or charges on which he is committed for trial.

(2) Such charge or charges shall be specified in the charge fram ed by the publicprosecutor in accordance w ith A rt. 109-122 of this Code.

(3) The court shall then require the accused to give a list of the witnesses hew ishes to call at his trial together w ith their addresses.

Art. 90. - Bond of witnesses.(I) All witnesses who have given evidence at the preliminary inquiry shall

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BOOK III39

execute before the com mitting court bonds binding them selves to be in at-tendance before such court and on such date as they shall be summoned toappear.

(2) Any witness who refuses to execute the bond may be kept in custody until

the trial or until he binds himself.

Art. 91. - R ecord to be forw arded to registrar.(I) W hen the accused is committed for trial, the committing court shall send

the original record and the exhibits (if a~y) to the registrar of the HighCourt. A ny exhibit which from its bulk or otherw ise cannot convenientlybe forwarded to the registrar of the High Court may remain in the custodyof the police.

(2) A list of all exhibits showing which of them are forwarded with the record

and which remain in the custody of the police shall be sent to the registrarof the High Court with the record.(3) The registrar of the High Court shall be responsible for making copies of

the record and sending one to the public prosecutor and one to the accused.

Art. 92. - C onten ts of reco rd .(I) The record shall contain the follow ing particulars:-

(a) The serial number of the case; and(b) the date of the commission of the offence; and(c j the date of the accusation, if any; and(d} the name and address of the accuser, if any: and(e) the nam e, address, occupation and age, if known, and nationality of the

accused; anci(0 the offence shown and, where appropriate, the value of the property

In respect of which or the special status of the person a ainst whomthe offence w as com mitted; and

(g ) the date of the warrant of arrest, if any, or on which the accused wasfirst arrested; and

(h) the date on which the accused was first brought before a court; and

(i) the nam e of the prosecutor and, w here appropriate, of the advocate forthe defence; and

(j) the date of anQ reasons for any adjournment that may have beengranted; and

(k) the date on which the preliminary inquiry was completed; and(I) all statem ents m ade in the course of the prelim inary inquiry, including

those which mav have been made by the accused; and(IJ?). thelist of defence witnesses.

(2) The sam e particulars shall appear in the copy of the proceedings sent to the

public prosecutor and the accused.

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Art. 93. ~ Accusedmay be remanded.W ithout prejudice to the provisions of this Code relating to release on bail thecomm itting court m ay order that the accused be kept on rem and until the trial.

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BOOK IV 41

BOOK IV

T IT LE I

Trial

Chapter1. - General Provisions

Art. 94. - Adjournment. - Conditions.(I) The court may of its own motion or on the application of the prosecution

or the defence adjourn any hearing at any stage thereof where the interestsof justice so require.

(2) A n adjournment may not be granted unless:(a) the prosecutor, public or private, or the accused fails for good cause toappear; or

(b) witnesses for the prosecution or the defence are not present; or(c) in a trial other than that of a case comm itted on preliminary inquiry to

the H igh Court, the prosecution require tim e for investigation; or(d) further evidence requires to be produced; or(e) evidence is produced either by the prosecution or the defence which

takes the other side by surprise and the production of which could nothave been foreseen; or

(f) the charge has been altered or added to and the prosecutor or the ac-cused requires tim e to reconsider the prosecution or defence; or

(g ) ' theaccused has not been served w ith a copy of the charge or of the pre-lim inary inquiry or has been served too short a time before the trial toenable him properly to prepare his defence; or

(h) prior sanction for a prosecution is required before the trial m ay start; or(i) a decision in the trial cannot be given unless other proceedings be first

com pleted; or(j) the mental stability of an accused requires to be established by an

expert; or(k ) . the court considers that the accused, if a young person, should be

placed under observation; or(I) the trial cannot be completed in one day and is adjourned to the follow -

in g day.(3) N o adjournm ent under paragraphs (al and (fI- (h) inclusive shall be granted

for more than one week.

Art. 95. - N ew adjo urnm ent and sum m onses.

(I) Subject to the provisions of sub-art. (31 of Art. 94, the court shall adjourn

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4~ CRIMINAL PROCEDURE CODE

the hearing for such time only as is sufficient to enable the purpose forw hich the adjournm ent was granted to be carried out.

(2) W here the purpose for which the adjournment was granted has not beencgrried out for a reason not attributable to the fault of the prosecution orthe defence, a further adjournment of the same or less duration shall begranted.

(3) W here a hearing has been adjourned under paragraphs (c) or (i)- (k) ofArt. 94 (2), the court shall, ,w hen the purpose for which the adjournmentwas granted has been carried out, issue new summonses to the parties andwitnesses.

Art. 96. - Effect o f adjournment.(I) On granting an adjournment, the court shall make such order as is neces-

sary to ensure that the purpose for which the adjournment is granted iscarried out. This shall include the issue of w arrants on the conditions iaiddown in Art. 33, 53 and 125.

(2) W here an adjournment has been granted under paragraphs (j)or (k) of

Art.. 94 (2) the court shall order that the accused be remanded to a placew here his state of m ind can be exam ined into by an expert.

Art. 97. - Exhibits.A ll exhibits including depositions and statem ents under A rt. 27 and 30 shall be

m arked and num bered by the registrar of the court. Such exhibits shall be keptby the registrar in a safe place and shall not be withdrawn without an order ofthe court.

Art. 98. - C ontents of record.(1) The record of a trial shall be signed by the court and shall contain:

(a) a copy of the complaint or accusation:(b) the record of the preliminary inquiry, if any:(C) the date of the warrant of arrest, if any. or on which-the accllsed was

f irs t a rres ted;(d) the date on which the accused was first brought before a court:(e) the charge filed by the public or private prosecutor and any alterations or

additions thereto and in the case of a private prosecution the certificateof the public prosecutor shall be attached:

(f) the plea of the accused:(g) a copy of the opening address of the public or private prosecutor;(h) a full record of the evidence of all the witnesses including the cross-

examination and the re -examination:(i) a note of any objection made by the prosecutor or the accuse, and the

ruling given thereon. Such note shall be m ade at the tim e the objection


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was raised and w here m ade during the giving of evidence by a w itness,the record Qf the evidence shall be interrupted and the note insertedin the record at the point w here such evidence w as interrupted;

(j) a note of the exhibits admitted as evidence and the number attached

thereto including w hether the exhibit has been put in by the prosecutoror the accused;

(k) a full note of any submission on points of law and the ruling thereon.Such note shall be included in the record at the time when the submis-sion was m ade;

(I) a note of all adjournments granted and the date to which the trial is

adjourned together with a note of the reasons for granting such ad-journment;

(m) a note that the prosecutor and the accused have been informed of

their right of appeal.(2) The record of the trial at each hearing shall start with:(a) the name of the case and number;(b) the date and time;(c) the names of the prosecutor and defence advocate;(d) the names of the judges.

(3) The record of the trial at each hearing shall close with a note of the time of

closure and the date and time to which the hearing is adjourned.

C hap ter 2 .- Place of Trial

Art. 99. - O rd in ary p la ce o f tria l.Every offence shall be tried by the court w ithin the local lim its of w hose juris-diction it w as com mitted,

Art. 100.- A ccused triable in place w here act is done or w here consequences ensued.W here a person is accused of the commission of any offence by reason of any-thing which has been done and of any consequence which has ensued suchoffence m ay be tried by a court w ithin the local lim its of w hose jurisdiction any

such thing has been done or any such .consequence has ensued.

Art. 101.- P la ce of trial w here act is a n offence by reason of relation to other offence.W here an act is an offence by reason of its relation to another offence a chargeof the first m entioned offence m ay be tried by a court w ithin the local limits ofwhose jurisdiction either act was done.

Art. 102.- Trial w herr place of offence is u ncertain.(a) W here it is uncertain in which of several local areas an offence was com-

mitted; or

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(b) w here an offence is com mitted partly in one local area and partly in another;or

(c) where an offence continues to be committed in more than one local area;

or(d) where an offence consists of several acts done in differept local areas, itm ay be tried by a court having jurisdiction over any of such local areas.

Art. 103. - O ffence com mitted on a journey.An offence committed whilst the offender is in the course of performing ajourney or voyage may be tried by a court through or into the local limits ofwbose ju_risdictiO ll.the offender or the person against w hom or the thing inrespect of w hich the offence w as com mitted passed in the course ofthatjoum eyor voyage.

Art. 104.- P lace of trial of offence co mm itted outside E th iopia on an E thiopia n ship. \or aircraft.An offencecommitted outside E th iopia on an Eth iopian sh ip or a irc raft shallbe deem ed to have been com m itted in Ethiopia.

Art. 10S.- Cour t hav ing ju risd ic tion in cases of reinsta tement.R equests for rein statem ent sh aIJ..\1e rought before th e court hav ing passed thesentence the cancellation of w hich is sought.

Art. 106. - C ha ng e o f v en ue.W henever it is made to appear to the High Court by application before a trialhas started either by the public prosecutor or by the accused:(a) that a fair and impartial trial cannot be held in any criminal court subor-

dinate thereto; or(b) that som e question of law of unusual difficulty is likely to arise; or(c) that an order under this Article will tmd to the general convenience of the

parties or w itnesses; or

(d) that such an order is expedient for the ends of justice or is required by anyprovision of this C ode,it m ay m ake an order against w hich no appeal shall lie to the effect that:

(i) any offence be tried by any court not em pow ered under the provisionsof Art. 99.104 of this Chapter but in other respects competent to trysuch offence;

(ii) an accused person be com mitted for trial to itself.

Art. 107.- Public prosecu to r to d irec t p lace of trUJ l.

In cases under A rt. 100-104, 116 or 117 the public prosecutor shall decide thecourt in which the charge shall be ftled and on the filing of the charge in ac-cordance with such dec ision the court shall have ju risd ic tion.

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BOOK IV 45

Chapter 3. - The CJw aeArt. IOS.- PrinciplB.

(1) No person may ~ tried for an offence other than a petty offence unless acharge has been fram ed in accordance w ith the provisions of this C hapter.

(2) l'be provisions of this Chapter shall apply to charges fram ed:(a) by the public prosecutor, whether the case is to be tried by the High

Court or a subordinate coun; ana(b) by ~ private prosecutor, where he has been authorised to conduct a

private prosecution.(3) The provisions of this Chapter shall not apply in cases concerning young

persons unless an order to the contrary be made under Art. 172.

Art. 109.- Fram ing, filing and service of the charge.(I) The public prosecutor shall w ithin fifteen days of the receipt of the police

report (A rt. 31) or the record of a prelim inary inquiry (A rt. 91) frame suchcharge as he thinks fit, having regard to the police investigation or preli-m inary inquiry, and shall file it in the court having jurisdiction.

(2) If, before the trial by the High Court, the prosecutor is of opinion upon therecord of the prelim inary inquiry received by him that ~he case is one w hichis to be tried by a subordinate court, he shall, notw ithstanding the decisionof the com mitting court, fram e such charge as he thinks fit and shall file it

in the subordinate co urt having jurisdiction .(3) W here the prelim inary inquiry discloses offences som e of w hich are to be

tried by the High Court and some by a subordinate court, the prosecutorshall frame such charges as he thinks fit and shall file them in the HighC ourt w hich shall have jurisdiction to try all offences thus charged.

(4) A copy of every charge shall be given to the accused free of cost.

Art. 110. - Charge wrong~I' f iled .W here the public prosecutor files ii charge in a court having no jurisdiction the

court shall refuse to accept such charge and shall direct the public prosecutorto file the charge in a court..having jurisdiction and shall so sPecify in w ritingin the charge sheet:

Provided that the court may not refuse to accept a charge filed by the publicprosecutor under Art. 630 Penal Code by reason only that a court subordinatethereto has jurisdiction to try such charge and on the filing of such charge thecourt shall have jurisdiction to try such offence.

Art. Ill. - Contents and form of the charge.(I) Every charge shall be dated and signed and shall contain:

(a) the name of the accused;and

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(b) the offence w ith w hich the accused is charged and its legal and m aterialing redients; and

(c) the time and place of the offence and, where appropriate, the person

against w hom or the property in respect of w hich the offence was com -m itted; and

(d) the law and article of the law against which the offence is said to havebeen committed.

(2) The charge shall be in the form set out in the Second Schedule to this Codeor shall conform thereto as nearly as m ay be.

Art. 112.- Description of circumstances.Each charge shall describe the offence and its circum stances so as to enable the

accused to know exactly what charge he has to answer. Such description shallfollow as closely as m ay be the w ords of the law creating the offence.

Art. 113. - W here it is doubtful what offence has been com mitted.(I) If a si~gle .act or series of acts is of such a nature that it is doubtful which of

several offences the facts w hich can be proved w ill constitute, the accusedm ay be charged w ith having com mitted the offence w hich appears the m oreprobable to have been com mitted and he m ay be charged in the alternativewith having committed all other offences which the facts which can beproved m ight constitute.

(2) W here the evidence shows that the accused committed an offence withwhich he might have been charged in the alternative and the offence iswithin the jurisdiction of the court, he may be convicted of such offencenotwithstanding that he was not charged with it, where such offence is oflesser gravity than the offence charged.

(3) N othing in this A rticle shall prevent the court from applying the provisionsof Art. 6 and 9 Penal Code.

Art. 114.- A gg ra va te d o ffe nc es h ow c ha rg ed a nd p ro ce du re .

(I) W here an accused person may be charged with an aggravated offence byreason of previous convictions, he shall be charged w ith the unaggravatedoffence and the charge shall be filed in the court having jurisdiction to trythe aggravated offence.

(2) W here the accused is convicted of the unaggravated offence the publicprosecutor m ay, after conviction and before sentence, prove the previousconvictions of the accused which, had they been proved at the trial, w ouldhave resulted in his conviction of the aggravated offence. The court maysentence him as though he had been convicted accordingly.

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Art. 115.- Person charged IiU than offence m ay be convicted of an attem pt or as ac-cessory or ins tigator.

(1) W here the accused is charged with an offence, he may be convicted of hav-ing attem pted to com mit the offence although the attem pt is not separatelycharged.

(2) W here an accused is charged with an offence as principal, he may be con.victed as an instigator or as an accessory, although he was not charged assuch.

Art. 116. - M ore than one charge.(I) A charge m ay contain several different counts relating to the sam e accused

and each offence so charged shall be described separately.(2) All charges may be tried together but where the accused is likely to be

embarrassed in his defence, the court shall order the charges to be triedseparately.

Art. 117.- Joinder of charges .(1) All persons accused of having participated in whatever capacity' in the of-

fence or offences even at different tim es shall be charged and tried together.(2) N othing in this A rticle shall prevent the court from ordering separate trials

w here separation is required in the interests of justice.(3) W here several persons have comm itted different offences connected w ith

the same criminal activity they may where necessary M charged and triedtogether.

Art. 118. - Effect of errors.N o error in stating either the offence or the particulars required to be stated inthe charge and no omission to state the offence or those particulars shall beregarded as m aterial and no charge containing such errors or om issions shallbe regarded as invalid unless they relate to essential points or the accused w asin fact misled by such error or omission or justice is likely to be thereby de-feated.

Art. 119. - A lteration or additio n to charge.(1) W here the>accused is brought to trial on a charge containing essential er-

rors or om issions or such errors or om issions that the accused has been oris likely to be misled, the court may at any time before judgment of itsown motion or on application order the charge to be altered or added to ora new charge to be framed, as the case may be.

(2) Every such alteration, addition or new charge shall be read and explainedto the accused..

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48 CRIM -INAL PROCEDURE CODE

(3) The provisions of this A rticle shall also apply in the case of errors or om is-sions w ithin the meaning of A rt. 118.

Art. 120.- E ffe ct o f a lte ra tio n o r a dd itio n.(1) W here a charge is altered or added to or a new charge is framed, the court

shall ask the accused to state w hether he is ready to be tried on such altered,added or new charge.

(2) W here the accused declares that he is not ready, the court shall consider thereasons he gives. If proceeding im mediately w ith the trial is not likely, in theopinion of the court, to prejudice the accused in his defence the court m ayproceelwith the trial as if the altered, added or new charge had been theo rig inal cha rge.

(3) If proceeding im mediately w ith the trial is lijcely in the opinion of the courtto prejudIce the accused in his defence or the prosecutor in the conduct ofthe case, an adjournm ent shall be ordered (Art. 94).

Art. 121. - R ecall of w itnesses.W henever a charge is altered or added to or a new charge is framed after thebeginning of the trial, the prosecutor and the accused shall be allow ed to recalland examine, with reference to such alteration, addition or new charge, anyw itnesses w ho m ay have been exam ined and m ay also call any further evidencewhich may be material.

Art. 122.- Withdrawalof charges.(1) W ith the permission of the court the public prosecutor may before judg-

ment at any stage of the proceedings withdraw any charge other than acharge under A rt. 522 (hom icide in the first degree) or A rt. 637 (aggravat-ed robbery) .

(2) W here the public prosecutor informs the court that the withdrawal of acharge is on the instructions of governm ent, the court shall, if it is satisfiedthat the public prosecutor has been so ordered, grant permission to thepublic prosecutor to w ithdraw the charge.

(3) W here no new charge is framed under the provisions of Art. 119 the ac-cused shall be discharged.

(4) T he court shall give reasons for allow ing or refusing w ithdraw al of a charge.(5) The withdrawal of a charge under the provisions of this Article is no bar

to sub seq uent proceedings.

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Chapter 4. T he T rial

Section I - T he h earing

Art. 123. - Trial to be fixed.W hen the charge has been filed under A rt. 109, the court shall forthw ith fIx thedate of trial and cause the accused and the public prosecutor to be summonedto appear on the date and at the time fIxed by the court. It shall take such stepsas are necessary to secure the attendance ~f the accused, if in custody.

Art. 124.- Witness summonses.(I) So soon as the date of the trial has been fIxed. the public prosecutor and

the accused shall give the registrar a list of their witnesses and experts, ifany. whose presence is necessary. The registrar shall forthwith issue sum-monses in the form prescribed in the Third Schedule to this Code.

(2 ) The public prosecutor and the accused shall be responsible for ensuringthat all exhibits to be produced at the trial shall be in court on the dayfIxed for the trial.

Art. 125. - Bench warran t.

W here an accused person or a witness, who has been duly summoned and thereis proof of service of such sum mons. has failed to appear as required, the courtmay issuea bench warran t and such accused person or witnesss h a l l be broughtbefore the court by the police.

rt 126. - O pe ning of h ea rin g(I) The court shall sit on the day and at the hour fIxed for the hearing.(2 ) W here an interpreter is required for the purposes of any proceedings. the

court shall select a qualifIed court interpreter. W here none is available it

w ill select a com petent interpreter but no person shall be selected who is arelative to the accused or prosecutor or is him self a witness.(3) The case shall be called and the accused shall be produced.

Art. 127. - A ttend ance o f accused.(I ) The accused shall appear personally to be informed of the charge and to

defend himself. W hen he is assisted by an advocate the advocate shall ap-pear with him.

0) The accused shall be adequately guarded and shall not be chained unlessthere are good reasons to believe that he is dangerous or m ay becom e violentor m ay try to escape.

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50 CRIM INAL PROCFDlIRL CODI :

Art. 128. - Ver ific atio l/ o f id el/titJ '.W hen the accused has been brought into the dock his identity, age and tradeshall be established.

Art. 129.-- Reading out of charge.The charge shall be read out to the accused by the presiding judge who shallthen ask the accused if he has any objection to the charge.

Art. 130. - O hje ctio ns to th e c ha rg e.(I) If the accused has anything to say as to the form or contents of the charge,

the provisions of Art. 119 et seq. shall apply.(2) The provisions of Art. 131 shall apply w here the accused states:

(a) that the case is pending before another court: or(b) that he has previously been acquitted or convicted on the sam e charge:

or(c) that the charge against him has been barred by lim itation or the ofTence

with which he has been charged has been made the subject of pardonor am nesty: or

(d) that he will be embarrassed in his defence if he is not granted a sepa-

parate trial, where he is tried with others: or(e) that no perm ission to prosecute as required by law has been obtained:

or(0 that the decision in the criminal case against him cannot be given until

other proceedings have been completed: or(g) that he is not responsible for his acts.

(3) W here no objection is raised under this Article immediately after the ac-cused has been required by the court to state his objections, the accusedshall be barred from raising any such objection at any later stage in thetrial, unless the objection be such as to prevent a valid judgment beinggIven.

Art. 13J. - S eu le me nt o f o bje ctio ns.(I) The court shall take down any objection that may have been raised under

Art. 130 (2) and shall ask the prosecutor whether he has any statement tom ake in relation to such objection.

(2) The court shall decide forthwith on the objection w here the objection canbe disposed of by reference to the law or the facts on which the objectionis based are not disputed by the prosecutor.

(3) W here a decision cannot be made forthwith owing to lack of evidence. thecourt shall order that the necessary evidence be subm itted w ithout delay.

(4) The court shall make its decision forthwith upon the necessary evidencehaving been produced.


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Art. 132. - P lea of accused.( I) A fter the charge has been read out and explained to the accused, the presid-

ing judge shall ask the accused w hether he pleads guilty or not guilty.(2 ) W here there is m ore than one charge the presiding judge shall read out and

explain each charge one by one and shall record the plea of the accused inrespect of each charge separately.

(3) The plea of the accused shall be recorded as nearly as possible in the w ordsof the accused.

Art. 133. - Plea of not guilty.(I) W here the accused says nothing in answer to the charge or denies the

charge, a plea of not guilty shall be entered.(2) W here the accused adm its the charge w ith reservations, the court shall enter

a plea of not guilty.

Art. 134.- Plea of guilty.(I) W here the accused adm its w ithout reservations every ingredient in the of-

rence charged, the court shall enter a plea of guilty and may forthwithconvict the accused.

(2) W here a plea of guilty has been entered, the court m ay require the prosecu-tion to call such evidence for the prosecution as it considers necessary andmay pennit the accused to call evidence.

Art. 135.- A mendm en t o f p lea.(I) W here a plea of guilty has been entered and it appears to the court in the

course of proceedings that a plea of not guilty should have been entered,the court may change the plea to one of not guilty.

(2) The conviction, if any, shall then be set aside.

Section 2. - E vidence and judg ment

Art. 136.- O pe nin g o f c ase a nd c allin g o f w itn esse s f or p ro se cu tio n.(I) After the plea of the accused has been entered, the public prosecutor shall

open his case explaining shortly the charges he proposes to prove and thenature of the evidence he will lead. He shall do so in an impartial andobjective manner.

(2) The public prosecutor shall then call his w itnesses and experts, if any. Thewitnesses and experts shall be sworn or affinned before they give theirtestimony.

(3) T hey shall be exam ined in chief by the public prosecutor, cross-exam inedby the accused or his advocate and may be re-examined by the publicproseCutor.

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(4) The court may at any time put to a witness any question which appearsnecessary for the just decision of the case.

Art. 137;- Form of questions put in examination- in -chie f(I) Questions put in exam ination-in-chief shall only relate to facts which arerelevant to the issues to be decided and to such facts only of which thew itness has direct or indirect know ledge.

(2) No leading question shall be put to a witness w ithout the permission of theaccused or his advocate or the public prosecutor, as the case may be.

(3) Questions put in cross-examination shall tend to show to the court what iserro neous, doubtful or untru e in the answ ers given in exam inatio n-in-chief.L eading questions m ay be to a w itness in cross-exam ination.

Art. 138.- Antecedents o f accused .(I) Unless otherw ise expressly provided by law, the previous convictions of

an accused person shall not be disclosed to the court until after he has beenconvicted.

(2) The previous convictions of an accused person shall not be included in therecord of any prelim inary inquiry.

Art. 139. - Re-examination.The public prosecutor, the accused or his advocate m ay on re-exam ination onlyask questions for the purpose of clarifying m atters w hich have been raised incross-examination.

Art. 140.- Absence of cross-examination.Failure to cross-examine on a particular point does not constitute an admis-sion of the truth of the point by the opposite party.

Art. 141.- A cqu ittal of accused w hen n o case for prosecu tion.W hen the case for the prosecution is concluded, the court, if it finds that no

case against the accused has been made out which, if unrebutted, would war-rant his conviction, shall record an order of acquittal.

Art. 142.- O pening of case for defence.( I) W here the court finds that a case against the accused has been m ade out and

the witnesses for the injured party, if any, have been heard it shall calIonthe accused to enter upon his defence and shall inform him that he maymake a statement in answer to the charge and may call witnesses in his de-fence.

.

(2) The accused or his advocate may then open his case and shortly explainhis defence stating the evidence he proposes to put forw ard. H e shall then

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BOOK IV S3

call his w itnesses and experts, if any, w ho shall be sw orn or affirm ed beforethey give their testim ony.

(3) The witnesses for the defence may be called in any order:Provided that, where the accused wishes to make a statement, he shall

speak f irs t.The accused m ay not be cross-exam ined on his statem ent but the court m ayput questions to him for the purpose of clarifying any part of his statem ent.

Art. 143. - Addi tional witnesses .( I) The court may at any time before giving judgment call any witness whose

testim ony it thinks is necessary in the interests of justice.(2) The prosecution and the accused may call any w itness whose nam e does not

appear on the list of witnesses. Such witness shall be summ oned where thecourt is satisfied that he is a material witn~ and the application for a sum-m ons is not being m ade for the purpose of delaying the case.

(3) The prosecutor may in a case committed for trial to the High Court callany witness who has not given evidence at the preliminary inquiry wherehe inform s the accused in writing of the nam e of the w itness he proposes tocall and of the nature of the testimony he will give.

Art. 144.- D epositions taken In prelim inary inqu iry m ay be putill evidence.(I) The deposition of a witness taken at a prelim inary inquiry J;naybe read and

put in evidence before the High Court w here the w itness is dead or insane,cannot be found, is so ill as not to be able to attend the trial or is absentfrom the Em pire.

(2) The deposition of an expert taken at a prelim inary inquiry m ay be read andput in evidence before the H igh C ourt although he is not called as a w itness.

Art. 145.- Sta temellts madein p olic e in ve stig atio n m ay b e p ut U Ie vid en ce .(1) The court may, on the request of the accused or the prosecutor, refer to

statement made by a witness to a police officer in the course of police in-

vestigation.(2) It may then, if it thinks it expetlil nt in the interests of justice, direct theaccused to. be furnished with a copy thereof and such statement may beused to impeach the credit of such witness.

Art. 146.- Objection to evidence .W here the prosecutor or the accused objects to the adm ission of any evidenceor the putting of a question to a w itness, the court shall decide forthw ith on theadm issibility of such evidence.

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Art. 147. - R ec ord in g o f e vid en ce .(I) T he evidence of every w itness shall start w ith his nam e, address, occupation

and age and an indication that he has been sw orn or affirm ed.(2) The evidence of each w itness shall be taken dow n in w riting by the presiding

judge or, if, for some reason, he is unable to record the evidence, byanother judge or clerk under his personal direction and superintendence.

(3) T he eviden ce shall be d ivided in to evidence-in -chief, cross-ex am ination an d

re-exam ination w ith a note as to w here the cross-exam ination and re-exa-m ination begin and end.

(4) The evidence shall ordinarily be taken down in the form of a narrative:

Provided that the presiding judge may, in his direction, take down orcause to be taken down any particular question and answer.

Art. 148.- Final addresses.(I) After the evidence for the defence has been concluded the prosecutor may

address the court on questions of law and fact.(2) The accused or his advocate shall then address the court on questions of

law and fact. He shall always have the last word,(3) W here there are more than one accused the presiding judge shall decide in

w hich order the accused or their advocates shall address the court.

A.rt.149.- Judgment and sen tence.

(1) W hen the final addresses including the addresses under Art. 156, if any,have been conduded, the court shall give judgment. The judgm ent shall bedated and signed by the judge delivering it. The judgment shall contain asummary of the evidence, shall give reasons for accepting or rejectingevidence and shall contain the provisions of the law on which it is basedand, in the case of a conviction, the article of the law under which theconvic tion is m


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(6) Nothing herein contained shall affect the provisions of Art. 195 and 196P enal C ode.

(7) After delivery of judgment the prosecutor and the accused shall be in-form ed of their right of appeal.

Chapter 5. - Private Prosecutioo

Art. ISO.- F ilin g c om pla in t a nd c ha rg e.(I) W here a private complainant has been authorised under Art. 44 (I) to

con duct a private prosecu tion, he shall w ithin fifteen days file his com plaintand the charge in the cou rt havin g jurisd ictio n.

(2) W here a charge is not in accordance with the authorisation the court shallrequire the private complainant to amend the charge to conform to suchauthorisation.

Art. 151.- Attempt to reconcile the par tie s.(I) W hen the com plaint and the charge have been filed the court shall sum mon

the complainant and the accused to appear.(2) Before reading out the charge to the accused the court shall attempt to

reconcile the parties. W here a reconciliation is effected, it shall be recordedby the court and shall have the effect of a judgm ent.

Art. 152.- Secur ity /o r cos ts .W here a reconciliation has not been effected, the court shall decide w hetherthe private prosecutor should give security for costs. W here an order forsecurity is made, the sum to be secured and the nature of the security shall bestated in the order.

Art. 153.- Hear ing and judgment.(I) W here the private prosecutor has complied with the order, if any, under

Art. 152, the case shall proceed in accordance with Art. 123-149, the

parties having the sam e rights and duties as in public proceedings.(2) The court shall give judgm ent as in ordinary cases.

Chapter 6. - Injured Party in Crim inal Proceedings

Art. 154.- Principle.(I) W here a person has been injuted by a criminal offence, he or his re-

presentative may at the opening of the hearing apply to the court tryingthe case for an order that com pensation be aw arded for the injury caused.T he application shall be in w riting and shall specify the nature and am ountof the compensation sought. H e shall not on filing his application pay tht

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prescribed court fees as though it w ere a civil case.(2) The person m aking the application shall be show n the list of the witnesses

to be called by the prosecution and defence and shall be asked whether hewishes additional witnesses to be called. W here he wishes additional

w itnesses. to be called, he shall be required 'to' pay the prescribed fees forthe issue of w itness sum monses as though it w ere a civil case.(3) T he provisions of th is chapter sh all app ly to public and private prosecutions.

(4) W here the person making the application acts in the capacity of privateprosecutor, he shall specify which witnesses he calls in support of theprosecution and w hich he calls in support of his civil claim . T he provisionsof sub-art. (I) and (2) shall apply.

Arl..155. - Applicalion dismissed.(I) The court shall consider the application and shall of its own motion or on

the request of the prosecution or the defence refuse the application w here:(a ) a young person is the accused: or(b) the accused is being tried in his absence: or(c) the injured party has instituted proceedings in a civil court having

ju risd ic tion; o r(d) the person making the application is not qualified for suing; or(e) the claim for compensation cannot be determined without calling

num erous w itnesses in addition to those to be called by the prosecutionand defence; or

(0 the court is of opinion that the hearing of the injured party's claim forcom pensation is likely to confuse, com plicate or delay the hearing ofthe c riminal case .

(2) The application shall be dismissed where the amount of compensationclaim ed exceeds the pecuniary jurisdiction of the court.

(3) W here the court dism isses the application its decision shall be final and noappeal shall lie against it. The injured party shall be inform ed by the courtthat he m ay file a claim against the accused in a civil court.

Arl. 156.- AI'I'Ii('Qlionallowed.(1) W here the application is allowed the injured party shall be entitled to takepart in the proceedings and shall have w ith regard to evidence all the rightsof an ordinary party.

(2) The court shall at the close of the case for the defence permit the injuredparty or his representative to address the court in person or by advocate onthe question of the am ount of com pensation to be aw arded. The accused orhis advocate shall have the right to reply.

Arl. 157. - In ju re d p ar ~ m ay w ilh dr aw.An injured party may at any time before the close of the case for the defence


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w ithdraw his application and thereupon he m ay file a claim against the accusedin the c iv il court having jurisdic tion.

Art. 158.- Acquittal or discharge .W here the accused is acquitted or discharged, the court shall not adjudicateon the question of compenSation and shall inform the injured party that hemay file a c la im agl:l,in stthe accused in the c iv il cou rt hav ing ju risd ic tion.

Art. 159.- Orderon awardof compensation.(I) The court when awarding compensation to an injured party 'ihall order

that:(a) the amount of compensation so awarded be paid to the injured party

o r h is repre senta tive: and ...(b) costs as provided for civil cases be paid to the injured party or his re-

presenta tive; and(c) the accused pay the court fees as if it w ere a civil case.

(2) Judgm ent shall be given as in an ordinary case.

TITLE II

Special P rocedures

Otapter . - Procedure in Cases of Default

Art. 160.- Principle.(I) T he provisions of this Chapter shall apply w here the accused fails to appear

whether the prosecution is public or private but shall not apply to youngoffenders.

(2) W here the accused does not appear on the date fixed for the trial and norepresentative appears satisfactorily to explain his absence, the court shall

issue a w arrant for h is arrest.(3) W here the w arrant cannot be executed, the court shall consider trying theaccused in his absence. W here an order to this effect is m ade the provisionso f the fo llowing a rtic le s shall app ly.

Section I. - Failure to appear in public proceedings

Art. 161. - Conditions for trying accused person in his absence.(l) W here the accused fails without good cause to appear on the day fixed

for the hearing, the court shall record his absen

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