The Code of Civil Procedure, 1908 · Part X — RULES

Section 123 — Constitution of Rules Committees in certain States

(1) A Committee, to be called the Rule Committee, shall be constituted at [the town which is the usual place of sitting of each of the High Courts * referred to in section 122.] (2) Each such Committee shall consist of the following persons, namely:— (a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or * a Divisional Judge for three years, [(b) two legal practitioners enrolled in that Court,] [(c) a Judge of a Civil Court subordinate to the High Court, *** * * * * * ( 3) The members of each Committee shall be appointed by the [High Court], which shall also nominate one of their number to be President: * * * * * (4) Each member of any such Committee shall hold office for such period as may be prescribed by the [High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said [High Court] may appoint another person to be a member in his stead. (5) There shall be a secretary to each such Committee, who shall be appointed by the [High Court] and shall receive such remuneration as may be provided in this behalf [by the State Government.]

How offences under the CPC are classified

Sections of the CPC are not classified one by one by any First Schedule. Part II of the First Schedule to the BNSS classifies offences under every other law by the punishment they carry — and the CRPC’s First Schedule sets out the same three bands.

If punishable with death, imprisonment for life, or imprisonment for more than 7 years.

Arrest: Cognizable
Bail: Non-bailable
Triable by: Court of Session

If punishable with imprisonment for 3 years and upwards but not more than 7 years.

Arrest: Cognizable
Bail: Non-bailable
Triable by: Magistrate of the first class

If punishable with imprisonment for less than 3 years or with fine only.

Arrest: Non-cognizable
Bail: Bailable
Triable by: Any Magistrate

Read it against the punishment in the section above. Vidhara does not place a section in a band for you — that turns on the exact wording of its punishment, which is the section’s to say and not ours.

And a special or local law may provide otherwise: see BNSS section 5, which saves any special jurisdiction, power or procedure another law lays down.

State amendments

This section has been amended in its application to Assam and Tamil Nadu. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

Assam[Vide Assam Act 8 of 1953, sec. 2.]Read →Hide
Assam.— For clause (a) of sub-section (2) of section 123 the following shall be substituted— “(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three.”
Tamil Nadu[Vide Tamil Nadu Act 15 of 1970, s. 2]Read →Hide
Tamil Nadu Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of Civil Procedure, 1908 ( Central Act V of 1908),- (a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners” shall be substituted. (b) in clause (d), the word “Madras” shall be omitted.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.

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Source & version

Official text: India Code (official) ↗

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending. Amendment footnotes set at body height were removed before parsing (D-085): the parser's body-height floor is now scaled to the document's own modal type size, per page, so a footnote set smaller than the body reaches the footnote latch instead of the statute text.

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State amendments

Assam[Vide Assam Act 8 of 1953, sec. 2.]Read →

Assam.— For clause (a) of sub-section (2) of section 123 the following shall be substituted— “(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three.”

Tamil Nadu[Vide Tamil Nadu Act 15 of 1970, s. 2]Read →

Tamil Nadu Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of Civil Procedure, 1908 ( Central Act V of 1908),- (a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners” shall be substituted. (b) in clause (d), the word “Madras” shall be omitted.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.