Forms
Section 476 of the Code of Criminal Procedure, 1973 deals with forms. Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the
circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Section 476, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 522 Forms Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Om Parkash Bali vs State Th. I/c Crime Branch
Court's Decision & Legal Precedent
In cross-criminal cases involving the same subject matter, both cases can proceed simultaneously before the same court. The pendency of one case does not prevent framing of charges or proceeding in the other case. An accused cannot rely on Section 476 CrPC or Section 195 CrPC to prevent prosecution for forgery merely because the same cheque has been tendered as evidence in a parallel complaint filed by the accused. Trial courts must not order calling of record of cases without stating reasons and legal provisions, as such orders suffer from non-application of mind and can be quashed by the High Court.
On this section: Restriction on prosecution for offences requiring private complaint. Petitioner argued this section prevents forgery prosecution when cheque was tendered as evidence in Section 138 complaint. Court rejected this argument.
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Nand Kishore Sharma vs Maria Burnadette Collingasm
Court's Decision & Legal Precedent
Criminal prosecution under Section 476 CrPC for using a fabricated document cannot be initiated without a prior judicial determination of the document's genuineness in appropriate civil proceedings. Where the validity of a document is pending adjudication before a competent civil court, a criminal court cannot simultaneously proceed with prosecution based on allegations that the document is fabricated, as this would create conflicting determinations and violate principles of judicial propriety. The court must record clear findings regarding the exact nature of the alleged offence before ordering criminal prosecution.
On this section: Section 476 CrPC allows for criminal prosecution to be initiated on the basis of information received by a Magistrate or on a complaint. However, the court held that this section cannot be invoked to prosecute someone for using a fabricated document unless there has been a prior judicial determination that the document is indeed fabricated. The court emphasized that the District Judge erred in ordering prosecution without such determination.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In any event the offence penalised under Section 471 Indian Penal Code can never be covered by sub-section (1) of Section 479-A. Therefore for taking proceeding against a person who is found to have used a false document dishonestly or fraudulently in any judicial proceeding, resort may only be made to Section 476 Code of Criminal Procedure." 15.In Dr. S. Dutt v. State of Uttar Pradesh (1966) 1 SCR 493, the question arose in the context of an expert witness (i.e. the Appellant before the Supreme Court) who produced a diploma before the Sessions Court from the Imperial College of Science and Technology in …
Questions about Section 476
What have the courts held on Section 476 of the Code of Criminal Procedure?
Om Parkash Bali vs State Th. I/c Crime Branch (16 Mar 2018) is the leading judgment on this section among those set out below: Restriction on prosecution for offences requiring private complaint. Petitioner argued this section prevents forgery prosecution when cheque was tendered as evidence in Section 138 complaint. Court rejected this argument. Another 1 judgment on this section is set out below. They run from 2015 to 2018.
How do I find court cases under Section 476 of the Code of Criminal Procedure?
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: CRPC 476, section 476 CRPC, section 476 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Om Parkash Bali vs State Th. I/c Crime Branch (16 Mar 2018).
What should I read with Section 476 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 522 (Forms), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 476 of the Code of Criminal Procedure come into force?
Section 476 of the Code of Criminal Procedure, cited as CRPC 476, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.