Application of certain provisions of the Code of Criminal Procedure, 1973

In force Act 20 of 2016 As on 16 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 20 of 2016

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 90 of Bihar Prohibition and Excise Act, 2016 deals with application of certain provisions of the Code of Criminal Procedure, 1973. Save as otherwise expressly providedin this Act, the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to arrests, detention, searches, summons, warrants of arrest, search warrants, and the production of persons arrested or articles seized shall apply so far as may be, to a

(1) Save as otherwise expressly providedin this Act, the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to arrests, detention, searches, summons, warrants of arrest, search warrants, and the production of persons arrested or articles seized shall apply so far as may be, to arrests, detentions and searches made, summons and warrants issued, and the production of persons arrested or articles seized under this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if- (a) in sub-section (1) of Section-243, for the words "The accused shall then be called upon", the words "The accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon" had been substituted;
(b) in sub-section (2) of section-309, after the third proviso, the following proviso had been inserted, namely :- "Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section-397 has been made by a party to the proceeding."
(c) after sub-section (2) of section-317, the following sub-section had been inserted, namely :- "(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with enquiry or trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination."
(d) in sub-section (1) of section-397, before the Explanation, the following proviso had been inserted, namely :- "Provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings,- (a) without giving the other party an opportunity of showing cause why the record should not be called for; or (b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies."
Section 90, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).

Questions about Section 90

What does Section 90 of the Bihar Prohibition and Excise Act deal with?

Section 90 of the Bihar Prohibition and Excise Act is headed "Application of certain provisions of the Code of Criminal Procedure, 1973". Save as otherwise expressly providedin this Act, the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to arrests, detention, searches, summons, warrants of arrest, search warrants, and the production of persons arrested or articles seized shall apply so far as may be, to a

How do I find court cases under Section 90 of the Bihar Prohibition and Excise Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Prohibition and Excise Act 90, section 90 Bihar Prohibition and Excise Act, section 90 of the Bihar Prohibition and Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When was the Bihar Prohibition and Excise Act enacted?

Bihar Prohibition and Excise Act was enacted in 2016 as Act 20 of 2016. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/a8435211-f601-4fe1-af00-b0112c40aa2e.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/bb1b0d0a-9d10-4063-8843-5275ff0dde4b/content). This page is not a substitute for legal advice.