302 Criminal Procedure Code

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PREFACE
LL.B. Study Notes
302 Criminal Procedure Code
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This is PREFACE. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4
Refer : Bare acts are a good source, in any subject of law :

Study notes of : 102 Criminal Law Paper I
Study notes of : 103 Criminal Law Paper II
Study notes of : 303 Law of Evidence
Study notes of : 307K Rehabilitation of Criminals & Juveniles
https://www.scribd.com/document/243200476/Criminal-Major-Act-Apr-11-pdf
http://cbseacademic.in/web_material/doc/Legal_Studies/Legal%20Studies%20Text
%20Book%20Class%20XII.pdf
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CONTENTS
302 Criminal Procedure Code
TOPIC Page
Module-1 Constitution and powers of Criminal Courts and Police Officers 3

& Provisions relating to Maintenance of Wives, Children &
Parents.
Module-2 Maintenance of Public Order & Tranquility, Investigation, 69

Inquiry and Jurisdiction of Criminal Courts and Trial
Procedures in Criminal Cases.
Module-3 Trial Procedure in Criminal Cases & its General Provisions. 108
Module-4 Appeals, Reference, Revision, Transfer of cases, Provisions 149

relating to Bail and Bonds and Miscellaneous provisions.

Module-1 :
1) Constitution and powers of Criminal Courts and Police Officers & Provisions
relating to Maintenance of Wives, Children & Parents :
1.1) Definitions : Bailable and Non-bailable offenses, Cognizable and Non-
cognizable offenses, Investigation,
1.2) Constitution, Classes of Criminal Courts, Powers of superior officers of
police, Provisions relating to arrest of persons, Service of Summons
1.3) Provisions relating to attachment and forfeiture of property, Security for
keeping peace and good behavior
1.4) Order for maintenance of Wives, Children and Parents
1.4.1) Maintenance of divorced wives
1.4.2) Judicial Pronouncements
This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4
MODULE-1 QUESTIONS :
Introduction to the subject of Criminal Procedure Code.

Write short notes : Cognizable offence and non-cognizable offence. (Nov-2011,
Nov-2012, Nov-2014, Apr-2016)
Explain: Cognizable offence and Non-cognizable offence. (Dec-2015)
Discuss : Constitution, Classes of Criminal Courts.
Explain in detail the jurisdiction of criminal courts under the Criminal Procedure
Code (Dec-2015, Apr-2016)
Describe the type of criminal courts, besides the High Court in every State and
explain their local jurisdiction and powers. (Nov-2011, Nov-2012, Oct-2013, Nov-
2014)
Discuss : "Every offence shall ordinarily be inquired and tried by court within the
local limits of whose jurisdiction it was committed.
Write short notes : Powers of Chief Judicial Magistrate. (Nov-2011, Nov-2012)
Write short note : Powers of Judicial Magistrate. (Nov-2014)
2014)
What is an offence?
Discuss : Bailable and Non-bailable offenses.
<discussed in module-2>Discuss : Investigation, Inquiry and powers of superior

officers of police.
Discuss : Provisions relating to arrest of persons.
Write short notes : Power of Police to arrest without warrant. (Nov-2011, Nov-
2012, Dec-2015))
Explain : Power of police to arrest without warrant. (Nov-2014)
Discuss : Even in a cognizable offence, arrest is a discretionary power to be
exercised with caution.
Describe the procedure for issue and service of a Summons.
Discuss the provisions relating to attachment and forfeiture of property under the
Criminal Procedure Code (Dec-2015)
Write Short Note : Security for keeping peace and good behaviour (Nov-2012)
Explain in detail the provisions relating to taking security for keeping peace and good
behaviour stated in the Cr.P.C. (Oct-2013)
Prevention is better than cure" Keeping in view the statement, state the provisions
"regarding taking securities for maintenance of peace and good behaviour. (Nov-
2014, Apr-2016)
Write short note : Security for good behaviour from a habitual offender. (Nov-2014)
Discuss : Security for good behaviour from habitual offender. (Dec-2015)
Discuss : Powers of Court to release convict on Probation of good behaviour .
Discuss : Power of Court to variation condition on probation. (Nov-2011)
Discuss : Powers of Court to require, release offenders to pay compensation
and costs. (Nov-2011)
Discuss : Appointment of probation officer and his duties. (Nov-2011)
Discuss in detail the provisions of maintenance of wife, children and parents under
Code of Criminal Procedure. Can the amount of maintenance be altered
Subsequently ? (Nov-2012)
Discuss the provision of maintenance of wife, children and parents under the Criminal
Procedure Code, Can the amount of maintenance be canceled subsequently ?
(Dec-2015)
Discuss in detail the provisions relating to the maintenance of wife, children and
parents stated in the Cr.P.C. (Oct-2013)
Discuss in detail the provision of maintenance of wife, children and parents under
Cr.P.C. Can the amount of maintenance be canceled subsequently ? (Nov-2014)
Discuss in detail the provisions of maintenance of wife , children and parents
under Cr. P. Code. In which circumstances the amount of maintenance be cancel
subsequently ? (Apr-2016)
Explain : Child Welfare Committee, Formation, Powers and Proceedings. (Nov-2011)
Explain : Explain the matters pertaining to restitution and social reintegration of

the children under the J.J. Act. (Nov-2011)

Explain : Juvenile Offender's Crimes. (Nov-2011)
Discuss : Restriction on imprisonment to below 21 years accused. (Nov-2011)
Explain : Juvenile delinquency against society. (Nov-2011)
Explain : Juvenile Court (Nov-2011)
MODULE-1 ANSWERS :
Introduction to the subject of Criminal Procedure Code.

Write short notes : Cognizable offence and non-cognizable offence. (Nov-2011,
Nov-2012, Nov-2014, Apr-2016)
Explain: Cognizable offence and Non-cognizable offence. (Dec-2015)
ANSWER :
Refer :
http://cbseacademic.in/web_material/doc/Legal_Studies/Legal%20Studies%20Text
%20Book%20Class%20XII.pdf
http://hanumant.com/CrPC-DifferencesShortNotes.html
http://lawtimesjournal.in/investigation-inquiry-and-trial-an-overview/
Outline :
Intro to CrPC 1973 :
Classification of Offences :
1. Classification according to statutes :
2. Classification according to trial procedure :
3. Other classifications
A. Bailable and non-bailable offences.
B. Cognizable and non-cognizable offences.
C. Compoundable and non-compoundable offences.
Stages in the prosecution of an offence
1. Investigation
2. Inquiry
3. Trial
Difference between Investigation and Inquiry
Difference between Inquiry and Trial
Trial Procedure :

1. Framing of Charge
2. Recording plea of guilt
3. Recording of prosecution evidence
4. Statement of accused
5. Defence evidence
6. Final arguments
7. Judgment
Intro to CrPC 1973 :
The essential object of criminal law is to protect society against criminals and law-
breakers.
For this purpose, the law
holds out threats of punishments to prospective lawbreakers
as well as attempts to make the actual offenders suffer the prescribed the
punishment for their crimes.
Therefore, criminal law, in its wider sense, consists of both the substantive criminal
law as well as the procedural criminal law.
Substantive criminal law defines offences and prescribes punishments for the
same, while the procedural law is to administer the substantive law.
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for
administration of substantive criminal law in India.
It was enacted in 1973 and came into force on 1 April 1974.
Code of Criminal Procedure, 1973 provides the machinery for
prevention of crimes (Sections 106- 124, 129- 132 and 144- 153),
detection of crimes,
controls / regulations on investigation and trial of offences.
apprehension of suspected criminals,
collection of evidence,
determination of the guilt or innocence of the suspected person
imposition of suitable punishment on the guilty person.
maintenance of wives, children and parents (Sections 125- 128)
public nuisances (Sections 133- 143).
CrPC contains 484 Sections, 2 Schedules and 56 Forms. The Sections are
divided into 37 Chapters.
Classification of Offences :
According to Sec 26 of CrPC 1973, offences are divided into:

1. Offences under Indian Penal Code (IPC) (triable by Sessions Courts and
other courts as shown in the 1st Schedule to the CrPC)
2. Offences under any other law (empowers HC when no court is mentioned
for any offence under such law).
A. Summary case.
B. Summons case.
C. Warrant case, including trial by a court of session.
3. Other classifications : Depending on the nature and gravity of an offence, other
classifications are as follows :
A. Bailable and non-bailable offences.
B. Cognizable and non-cognizable offences.
C. Compoundable and non-compoundable offences.
Brief notes on above classifications :
<need no further elaboration>
The Rationale : Former Chief Justice of India P Shastri, observed in the
landmark judgment of The State Of West Bengal vs Anwar Ali Sarkar, that
the makers of the Criminal Procedure Code of India were alive to the
desirability of having a speedy trial in certain classes of cases,
and with this end in view they made four different sets of provisions for the
trial of four classes of cases.
Broadly speaking, their classification of the offences for the purpose of applying
these different sets of provisions was according to the gravity of the offences,
though in classifying the offences fit for summary trial the experience and
power of the trying Magistrate was also taken into consideration.
The net result of these provisions is that
offences which are summarily triable can be more speedily tried than
summons cases,
summons cases can be more speedily tried than warrant cases, and
warrant cases can be more speedily tried than sessions cases.
The framers of the Code appear to have been generally of the view that the
graver the offence the more elaborate should be the procedure for its trial
2A. Summary case :
The CrPC also provides that certain petty offences may be tried in a summary
way.

In a summary trial, no sentence of imprisonment for a term exceeding three

months can be passed in any conviction.
Usually in such cases, a special summons is sent to the offender requiring him
to either attend court and defend himself or admit guilt and pay a fine by post.
If a fine of Rs. 200 or less is imposed in such trials, then the accused has no
right of appeal.
2B. Summons case :
A summons case means a case relating to an offence that is not a warrant
case,
i.e. offences punishable with imprisonment of less than two years.
In respect of summons cases, there is no need to frame a charge. The court
gives the substance of the accusation, which is called "notice", to the accused
when the person appears before the court.
The court has the power to convert a summons case into a warrant case, if the
magistrate thinks that it is in the interest of justice.
2C. Warrant case, including trial by a court of session. :
A warrant case relates to offences punishable with death or imprisonment for a
term greater than two years.
The CrPC provides for two types of procedure for the trial of warrant cases by
a magistrate viz.
Cases instituted upon a police report : In respect of cases instituted on
police report, the magistrate may "discharge" the accused upon
consideration of the police report and documents sent with it. The
Magistrate need not hear the prosecution or record further evidence.
Cases instituted upon complaint : Here the magistrate is bound to hear the
prosecution and record evidence. If there is no case made out, the accused
is discharged.
In both cases, if the accused is not discharged, the magistrate holds a regular
trial after "framing the charge".
In respect of offences punishable with death, life imprisonment or
imprisonment for a term exceeding seven years, the trial is conducted in a
Sessions Court after being committed or forwarded to the court by a
magistrate.
Trial by a court of session :
These are more serious of the warrant cases wherein prosecution
contemplates either (i) death sentence, or (ii) more than 7 years of
imprisonment.
Accordingly, more elaborate trial procedure is prescribed for such offences.
3. Other classifications :

3A. Bailable and non-bailable offences :

In certain minor offences, it is the right of the accused to obtain bail while the
trial is pending. These are bailable offences.
On the other hand there are more serious offences where the accused do not
have a right to obtain bail; in such cases, bail can be granted only on the
court's discretion. These are non bailable offences.
3B. Cognizable and non-cognizable offences :
Cognizable :
Certain offences are so serious that any police officer can investigate and
arrest an accused person without obtaining a warrant from a court. For
example, murder. These are cognizable offences.
In general, cognizable offences are of serious nature which involve
imprisonment of more than three years.
However, there is no such precise rule.
To be cognizable, an offence must be declared so by the law defining that
offence.
Several offences which carry less prison term such as rioting (2 yrs) have
been declared cognizable,
while several with bigger prison term such as False Evidence (7 yrs) or
Rape by a man with his own wife of not less than 12 yrs have been
declared non-cognizable.
Non-cognizable :
Offences which are not cognizable are non-cognizable.
eg criminal defamation, the police must wait for the order of a magistrate
before investigating and arresting the accused. These are non cognizable
offences.
Cognizable offence Non Cognizable offence
Defined in Section 2(c) - "cognizable offence" Defined in Section 2(l) - "non-

means an offence for which, a police officer cognizable offence" means an
may, in accordance with the First Schedule or offence for which, a police officer
under any other law for the time being in force, has no authority to arrest
arrest without warrant. without warrant.
Examples - Murder, Dowry death, grevious Example - keeping a lottery
hurt, theft. office,voluntarily causing hurt,
dishonest misappropriation of
property.
Police has to record information about a As per Sec-155, Police has to

cognizable offence in writing as per Sec-154. enter information in register

Cognizable offence Non Cognizable offence
prescribed for it and refer the

informant to a magistrate.
Police can start investigation without the order Police officer cannot investigate
of a magistrate. the case without the order of a
magistrate.
3C. Compoundable and non-compoundable offences :

Compoundable :
Sec-320 of CrPC contains the table of offences which are declared to be
compoundable.
In certain offences, the State and the accused can come to an arrangement
whereby, instead of being imprisoned, the accused can pay a fine.
These are compoundable offences.
The most common example of this is where you get caught without a ticket
on a bus or a train and have to pay a fine. In this case, the officer fining you
is in fact compounding your offence.
Non-compoundable :
Offences which are not declared u/s 320 CrPC as compoundable, are called
non-compoundable offences.
It would not be desirable that murderers should be able to compound their
offences.
The CrPC lists various offences under the Indian Penal Code which are
compoundable.
Of these 21 offences may be compounded by the specified aggrieved party
(victim) without the permission of the court and
36 can be compounded only after securing the permission of the court.
Compoundable Offence Non Compoundable Offence
Offences classified as compoundable by

Rest of the offences
Sec-320 of CrPC
Private party as well as society

Offence mostly affects a private party. both are considerably affected by
the offence.
The victim and the offender may reach No compromise is allowed. Even
compromise with or without the court does not have the power to
permission of the court depending on the compound the offence.

Compoundable Offence Non Compoundable Offence
offence.
Full trial is held and acquittal or

Upon compromise, the offender is
conviction is given as per the
acquitted without any trial.
evidence.
In Bhima Singh vs State of UP, AIR 1974, SC held that

when an offence is compoundable with the permission of the court, such
permission may be granted while an appeal is made against the conviction
provided the parties have settled the matter amicably.
In Ram Lal vs State of J&K, 1999, SC held that
when an offence is declared non-compoundable by law, it cannot be
compounded even with the permission of the court.
However, the court may take the compromise into account while delivering
judgment.
Stages in the prosecution of an offence : Prosecution of an offence is usually a
three-step process.
1. Investigation,
2. Inquiry,
3. Trial.
1. Investigation : <detailed discussion in Module-2>
According to Sec-2(h) :
Investigation includes all the proceedings under CrPC 1973 for the collection of
evidence.
Investigation may be conducted
by a Police officer
or by any person (other than a Magistrate) who is authorized by a
Magistrate.
Investigation is a preliminary stage conducted by the police and
usually starts after the recording of a First Information Report (FIR) in the
police station.
Anyone - not only the victim - can notify the police about the commission of an
offence by recording an FIR.
If, from the FIR, the officer-in-charge of a police station suspects that an offence
has been committed he/ she is duty-bound to investigate the facts and
circumstances of the case and if necessary, takes measures for the arrest of the
offender.
Investigation primarily consists of ascertaining facts and circumstances of the

case.
Ingredients of investigation :
Proceeding to the spot;
Ascertaining facts and circumstances;
Discovery and arrest of the suspected offender;
Collection of evidence relating to the commission of offence, which may consist
of the examination of various persons including the accused and taking of their
statements in writing and the search of places or seizure of things considered
necessary for the investigation and to be produced at the trial;
Formation of opinion as to whether on the basis of the material collected,
there is a case to place the accused before a magistrate for trial,
and if so, taking the necessary steps for filing the charge-sheet.
Investigation ends in a police report to the magistrate.
What happens if the police refuse to investigate an offence?
In such a case the person can proceed directly to file a complaint with the
Magistrate who may order the police to investigate the offence and file a police
report.
2. Inquiry : <detailed discussion in Module-2>
According to Sec-2(g) inquiry means
every inquiry, other than a trial, conducted under this Code by a Magistrate or
Court.
The stage preceding the trial is called inquiry. Actual trial starts only after the
charge has been framed.
"Inquiry" is a name given to a proceeding conducted under CrPC,
by a Magistrate or a Court
other than a trial
for ascertaining or verifying facts with a view to take some action under the
code.
Ambit of Inquiry is very wide and comprehensive and include proceedings under
Sections 340, 144, 145, 176, 446 of Cr.P.C.
Ingredients of Inquiry :
During an inquiry following important proceedings can be taken place :
Taking of Cognizance u/s 190
appearance or production of accused before the court
Complaint proceeding
Dismissal of complaint
Issue of process

Handing over of documents

Fixation of date for 1st hearing etc.
An inquiry is basically a proceeding wherein,
the magistrate or court applies the judicial mind to determine whether further
proceedings moving towards the trial shall be taken or not.
No specific mode or manner of inquiry is provided u/s 202.
An Inquiry may be initiated on,
filing of a complaint with the Court, by a citizen,
filing of a police report on an FIR, whereupon the magistrate applies his mind
on the point whether he shall take cognizance or not.
Sec-202 Inquiry : At inquiry stage, the judge is required,
to weigh the evidence gathered by the police during investigation
to ascertain whether or not a prima facie case against the accused has been
made out.
In case material placed before the court is sufficient, the court frames charges
and proceeds with trial.
If, on the contrary, the judge considers the materials insufficient for
proceeding against the accused, the judge discharges the accused and
records reasons for doing so.
The purpose of 202 Inquiry is to
decide whether or not there is sufficient ground for proceeding against the
accused,
In V.C. Shukla v. State through C.B.I. AIR 1980 SC 962, the Supreme Court has
held that
from the time the accused appears or is produced before the Magistrate with
the Police Report under Section 170 of Code
and the Magistrate proceeds to enquire whether Section 207 of Code has been
complied with
and then proceeds to commit the accused to the competent court,
the proceedings before the Magistrate would be an inquiry as contemplated by
Section 2(g) of the Code."
In the inquiry envisaged u/s 202, Cr.P.C. examination of the complainant only is
necessary with the option of examining the witnesses present, if any.
The inquiry proceedings moves up till the stage of commencement of charge
framing. Thereafter with the framing of charge, the trial process starts.
3. Trial : <detailed discussion in Module-2&3>
Trial is the judicial adjudication of a person's guilt or innocence.
The term trial has not been defined in the CrPC, however is commonly

understood to mean
a judicial proceeding where evidences are allowed to be proved or disproved,
and guilt of a person is adjudged leading to a acquittal or a conviction.
If in a proceeding the court has no power to convict or acquit, it is no `trial'.
Trial includes,
all steps which a criminal court adopts subsequent to the framing of charge
and until the pronouncement of judgement.
Under the CrPC, criminal trials have been categorized into three divisions each
having distinct procedures, called
A. Summary case, <detailed discussion in Module-3>,
B. Summons case, <detailed discussion in Module-3>, and
C. Warrant case, including
trial by a Magistrate, <detailed discussion in Module-3>, and
trial by a Sessions Judge, <detailed discussion in Module-3>.
Difference between Investigation and Inquiry : Investigation is the first stage of the
case and normally precedes inquiry by a Magistrate.
(1) An investigation is done by a police officer or by some person authorized by a
Magistrate but is never made by a Magistrate or a court.
An inquiry is a judicial proceeding made by a Magistrate or a court.
(2) The object of an investigation is to collect evidence for the prosecution of the
case,
while the object of an inquiry is to determine the truth or falsity of certain facts
with a view to taking further action thereon.
Difference between Inquiry and Trial : Both inquiry and trial are judicial proceedings,
but they differ in the following respects :
Ìnquiry stops when trial begins, so all proceedings before Magistrate, before
framing the charge which do not result in conviction or acquittal can be termed as
Ìnquiry'.
In a summon case, trial starts after the appearance of accused
In a warrant case, trial starts after the charge is drawn.
An enquiry does not necessarily mean an inquiry into an offence because, it may,
as well relate to matters which are not offences,
e.g., inquiry made in disputes as to immovable property with regard to
possession, public nuisances, or for the maintenance of wives and children.
A trial on the other hand, is always of an offence.
An inquiry never ends in conviction or acquittal; At the most, it may result in
discharge or commitment of the case to a court.

A trial must invariably end in acquittal or conviction of the accused.

Trial Procedure :
Outline : The common features in all three of the aforementioned trials may be
roughly broken into the following distinct stages :
1. Framing of Charge
2. Recording plea of guilt
3. Recording of prosecution evidence
4. Statement of accused
5. Defence evidence
6. Final arguments
7. Judgment
Note :
Under the CrPC, an accused can be withdrawn from prosecution at any stage of
trial with the permission of the court.
If the accused is allowed to be withdrawn from prosecution prior to framing of
charge, this is a discharge,
while in case such withdrawal is allowed after framing of charge, it is acquittal.
1. Framing of Charge :
After the inquiry, the charge is prepared
and after the formulation of the charge, trial of the accused starts.
Charge means formulation of the accusation made against a person who is to face
trial for a specified offence.
It sets out the offence that was allegedly committed.
2. Recording plea of guilt :
After framing of charges the judge proceeds to take the plea of guilt
which is an opportunity to the accused to acknowledge IF he pleads guilty and
does not wish to contest the case.
IF accused pleads guilty,
THEN the judges responsibility is onerous. Judge MUST,
firstly, ensure that, the plea of guilt is free and voluntary.
secondly, confirm IF (in the absence of plea of guilt) the prosecution version
could have led to conviction.
If BOTH above requirements are met,
THEN judge may record and accept plea of guilt and convict the accused after
listening to him on sentence.
ELSE judge may reject the plea of guilt along with reasons for such rejection.

IF accused does not plead guilty OR his plea of guilt is rejected,

THEN trial proceeds to next stage.
3. Recording of prosecution evidence :
If accused pleads not guilty or court does not accept his plea of guilt,
the prosecution is asked to present its case and examine its witnesses before the
court.
Statements given by prosecution witnesses are called examination-in-chief.
The accused has a right to cross-examine all the witnesses presented by the
prosecution.
The CrPC provides that when the examination of witnesses has once begun, it shall
be continued day-to-day until all the witnesses in attendance have been examined.
Since it is the responsibility of the prosecution to bring home the offence to the
accused it is said
The Burden of Proof lies on the Prosecution.
And this burden of proof is not a light burden
because, the prosecution has to prove that the accused is guilty beyond
reasonable doubts.
This is primarily for two reasons :
a persons (accuseds) life and liberty is involved.
and the state with the investigative machinery at its disposal is sufficiently
armed to get good evidence which an individual would not have.
4. Statement of accused :
U/s 311 of CrPC, the court has powers to examine the accused at any stage of
inquiry or trial for the purpose of eliciting any explanation against incriminating
circumstances appearing before it.
However, it is mandatory for the court to question the accused after examining the
evidence of the prosecution if it incriminates the accused.
This examination is without oath and before the accused enters a defence.
The purpose of this examination is to give the accused a reasonable opportunity to
explain incriminating facts and circumstances in the case.
This is a remarkable manifestation of Audi Alteram Partem (no person should be
condemned unheard)
where the court makes a direct dialogue with the accused to know what his take
is.
Any answer given by accused is NOT to be used as evidence against him,
but the court may take into consideration to adjudge overall trustworthiness of
the case.
If the court feels that prosecution has not successfully brought home the guilt it

may acquit
else if it feels that prosecution have sufficiently discharged their burden then
court asks the defence to lead its evidence.
5. Defence evidence :
When the accused is not acquitted, a defence must be entered and evidence
adduced in its support.
For this purpose, the defence may examine its witnesses including the accused
himself.
The witnesses produced by the defence are cross-examined by the prosecution.
Most accused persons do not lead defence evidence in India.
One of the major reasons for this is that, in India,
the burden is cast on the prosecution to prove the offence and the degree of
proof required in a criminal trial is "proof beyond reasonable doubt".
This is quite a high standard that the prosecution must meet.
It is not enough for the prosecution to assert that the accused has committed the
offence. The judge must be convinced beyond reasonable doubt that it was in fact
the accused who committed the offence.
6. Final arguments :
This is the final stage of the trial. The provisions of the CrPC provide that,
when examination of the witnesses for the defence (if any) is complete,
the prosecutor shall sum up the prosecution case
and the accused is entitled to reply.
These are the final arguments.

Image : Stages in prosecution of an offence.jpg :

Image : Stages in prosecution of an offence - with section nos.jpg :

7. Judgment : acquittal OR conviction/sentencing :

After the final arguments by the prosecutor and defence, the judge pronounces his
judgment in the trial.
In case of Acquittal the accused is set at liberty.
In case of conviction, the court has to fix another hearing to decide on the
quantum of sentence.
Here the prosecution as well as the defence can lead evidences in order to
aggravate or mitigate the punishment.
The court gives equal leverage to the Crime as well as the Criminal.
Historically, the gravity of crime used to be the sole criteria
however in recent times, there has been a definitive shifts of focus from crime to
criminal.
This shift manifests growing importance of reformation at the end of
punishment.
The court at this stage would also consider whether the accused is entitled to the
benefits of probation or admonition.

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.
Discuss : Constitution, Classes of Criminal Courts.

Explain in detail the jurisdiction of criminal courts under the Criminal Procedure
Code (Dec-2015, Apr-2016)
2014)
Discuss : "Every offence shall ordinarily be inquired and tried by court within the
local limits of whose jurisdiction it was committed.
2014)
Write short notes : Powers of Chief Judicial Magistrate. (Nov-2011, Nov-2012)
Write short note : Powers of Judicial Magistrate. (Nov-2014)
Explain in detail the jurisdiction of criminal courts under the Criminal Procedure Code
(Dec-2015, Apr-2016)
ANSWER :
Refer :

https://www.lawfarm.in/blogs/jurisdiction-of-courts-with-respect-to-criminal-cases
http://vle.du.ac.in/mod/book/print.php?id=9193&chapterid=13295
https://en.wikipedia.org/wiki/Judiciary_of_India
EBook "Courts Police Authorities & Common Man" By Advocate Shri Sunil Goel -
https://www.scribd.com/doc/225592434/CrPC-Procedure
http://legalseccdose.blogspot.in/2015/01/hierarchy-of-criminal-courts-in-india.html
https://www.linkedin.com/pulse/hierarchy-courts-india-flow-diagram-ramanathan-
sivakumar
https://www.lawfinderlive.com/bts4/cripc.htm
Outline : Constitution and Classes of Criminal Courts :
Jurisdiction of Criminal Courts :
Types of jurisdiction :
Territorial jurisdiction
Subject jurisdiction
Appellate jurisdiction
Hierarchy / Classes of Criminal Courts :
Detailed notes on hierarchy of subordinate courts and their powers
(I) Courts of Session :
(II) Court of Metropolitan Magistrate :
(III) Court of Judicial Magistrate :
(IV) Courts of Executive Magistrates :
Sentencing powers of HCs and subordinate courts :
Intro :
To ensure that justice is served to the one whose right has been infringed,
the Constitution of India gave the judiciary system.
To ensure that the judiciary is working in an efficient manner, various courts
having different powers were established.
Jurisdiction of Criminal Courts :
Meaning of jurisdiction :
Legally, a person can be pronounced guilty by a court of competent jurisdiction.
Jurisdiction is the power of the Court to try a case, or entertain a matter.
The jurisdiction of criminal courts is governed by the Constitution of India, 1950
and procedural laws like the Cr.P.C.
Types of jurisdiction :
A. Territorial jurisdiction
B. Subject jurisdiction

C. Appellate jurisdiction
A. Territorial jurisdiction :
Criminal courts function within the territorial divisions that are assigned to them.
Cr.P.C., Chapter XIII (sections 177-189) deals with "Jurisdiction of the Criminal
Courts in Inquiries and Trials").
Sec-177 : Ordinarily, an offence is tried by a court within whose local
jurisdiction it was committed.
However, if an offence is committed within the jurisdiction of more than one
court (for example, a rape or a murder committed in a moving vehicle) it may be
tried by any court in whose jurisdiction the offence or a part of it was
committed.
Sec-178-184 of the Cr.P.C provides for such alternative venues of trial in the
interests of justice.
Geographical Divisions : Districts and Metropolitan Areas :
For the purpose of dispensation of justice in the cases of criminal nature,
each State is divided into certain divisions, which are commonly called the
Sessions divisions.
Sec-7 : Sessions Divisions :
Every State shall be a sessions division or shall consist of sessions divisions;
Each Sessions division comprises one district or more than one districts.
Every metropolitan area shall, for the said purposes, be a separate sessions
division and district.
Each District can be further sub-divided into sub-divisions, by the State
Government in consultation with the High Court.
The State Government in consultation with the High Court can also increase or
decrease the limits or the number of such sessions divisions, districts or sub-
divisions in the State.
Sec-8 : Metropolitan area :
The State Government may, by notification, declare that,
any area in the State comprising a city or town whose population
exceeds one million shall be a metropolitan area for the purposes of
this Code.
B. Subject jurisdiction :
Chapter III of Codes deal with power of different criminal courts.
Section 26 deals with the description of offences cognizable by several courts
constituted under the Code.
The First Schedule of the Cr.P.C. mentions the courts that have the jurisdiction
to try the offences under the IPC.

The High Court or Court of Sessions, being superior courts, can try any offence
under the IPC (Cr.P.C., section 26).
Serious offences, like murder, dacoity, rape etc. can be tried by a Court of
Sessions of the division where the offence was committed.
Theft and extortion are triable by any Magistrate.
Sec-26(a) :
Any offence of I.P.C. may be tried by
(i) High Court or
(ii) Court of Session or
(iii) any Judicial Magistrate,
by which such offence is shown in First Schedule , to be triable.
Sec-26(b) :
Any offence under any other law shall be tried by court as mentioned in that
law
and when no such court is so mentioned, then it will be tried by
(i) High Court or
(ii) Court by which such offence is shown in First Schedule to triable
Section 27 of Code then says about jurisdiction of court in case of Juveniles :
Any offence not punishable with death or life imprisonment
committed by a juvenile
may be tried by
the court of CJM
or any court specially empowered under Children Act 1960
or any other law providing for treatment, training and rehabilitation of
youthful offenders.
C. Appellate jurisdiction :
The party that feels aggrieved by the judgment of a subordinate court, can file
an appeal in a higher court.
This jurisdiction of the higher court to entertain the appeal is known as appellate
jurisdiction.
An appeal lies to the immediate superior court.
For example, if a case is tried by a Magistrate, then first appeal can be filed
in the Court of Sessions.
Likewise, the second and the third appeal can be filed, in appropriate cases,
in the High Court of the State and the Supreme Court respectively.
Appellate Jurisdiction of the Supreme Court :
In criminal cases, a person can file an appeal before the Supreme Court

against the judgment of the High Court :

If the lower Court had acquitted him, but on appeal, the High Court
convicted him and sentenced him to death; or
If the High Court had withdrawn the case from a subordinate Court for trial
before itself and has in such trial convicted him and sentenced him to
death; or
If the High Court certifies under Article 134A of the Constitution of India
that the case is a fit one for appeal to the Supreme Court. (The Constitution
of India, 1950, article 134).
If the Supreme Court grants him special leave to appeal (The Constitution of
India, article 136).
Appellate Jurisdiction of High Court :
The party aggrieved by the judgment of a Court of Session can file an appeal
in the High Court of the concerned State.
Appellate Jurisdiction of Sessions Court :
The party aggrieved by the judgment of an Assistant Sessions Judge/
Metropolitan Magistrate/Judicial Magistrate can file an appeal in the concerned
Court of Session
Hierarchy / Classes of Criminal Courts :
Broadly speaking, India has a three-tier court structure.
1. Supreme Court :
The Supreme Court of India is the apex court at the national level.
SC is established by the Constitution of India.
2. High Courts :
The highest court in a State is the High Court.
HCs are established by the Constitution of India.
The jurisdiction of the High Court is co-terminus with the territory of the State.
The High Court exercises superintendence over all subordinate Courts in the
State (The Constitution of India, article 227).
3. Subordinate Courts :
Subordinate courts are established by the CrPC 1973.
Every State has the following classes of criminal courts, set up under Sec-6 of
the Cr.P.C..
Sec-6 : Classes of Criminal Courts :
Besides the High Courts and the Courts constituted under any law, other
than this Code,
there shall be, in every State, the following classes of Criminal Courts,
namely,

(i) Courts of Session;;

(ii) Court of Metropolitan Magistrate;
(iii) Court of Judicial Magistrates;
(iv) Executive Magistrates.
These courts are subordinate to the High Court of the State.
Image : Hierarchy of Courts in India - by geography.png :

Image : Hierarchy (& Sentencing powers) of Criminal Courts.png :
Detailed notes on hierarchy of subordinate courts and their powers :

(I) Courts of Session :
Establishment :
As per Section 7 of CrPC, every state will have session division
and the number of such division will be decided by State Government after
consulting the High Court.
Section 9 of CrPC, states that
the State Government will have to establish a Court of Session for every
sessions division which shall be presided by a Judge
and he will be appointed by the High Court.
Further, the High Court can also appoint Additional Session Judge and
Assistant Session Judge.
Triable offence :
Section 26 :
A Court of Session can try any offence given under IPC or any other offence
which has shown to be triable by the Court of Session in the First Schedule.

Subordination : [Section 9]
The Assistant or Additional Session Judge appointed by the High Court will be
subordinate to their respective Sessions Judge who will distribute the work
among them.
Session Judge can make rules with respect to the additional and assistant
judges but they must be consistent with the Code.
Punishment : [Section 28]
A Sessions Judge and Additional Sessions Judge can pass any sentence that is
authorised by law,
but, in case of death sentence confirmation of High Court is required.
An Assistant Sessions Judge can pass any sentence excluding sentence of
death or imprisonment for life or for a term exceeding ten years.
Sec-9 :
(1)The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed
by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant
Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one Sessions division may be appointed by the High
Court to be also an Additional Sessions Judge of another division, and in
such case he may sit for the disposal of cases at such place or places in the
other division as the High Court may direct.
(II) Court of Metropolitan Magistrate :
Establishment : [Section 8]
Areas having population more than one million and notified by the State
Government are Metropolitan areas.
The area of Mumbai, Kolkata, Chennai and Ahmedabad are the areas that are
mentioned in the Code as Metropolitan Areas.
Sec-16 :
The State Government after consulting the High Court will establish as many
courts of Metropolitan Magistrates as it may deem fit in the Metropolitan
Area.
The High Court will appoint the presiding officer and the jurisdiction of the
officer will extend throughout the metropolitan area.
Sec-17 :
High Court will appoint a Metropolitan Magistrate as Chief Metropolitan
Magistrate (CMM) for a particular area.

High Court can also appoint any Metropolitan Magistrate as Additional Chief
Metropolitan Magistrate.
The CMM and every Additional CMM will be subordinate to the Sessions Judge.
Every other Metropolitan Magistrate will be subordinate to CMM and the extent
of the subordination will be defined by the High Court.
Further, the CMM can make rules consistent with the Code and can also
distribute the work among the Metropolitan Magistrate.
Triable Cases :
Sec-26 :
Court of Metropolitan Magistrate can try offence which has shown to be
triable by the Court of Metropolitan Magistrate in the First Schedule.
Punishment : [Section 29]
CMM may pass any sentence authorised by the law
except a sentence of death or of imprisonment for life or a term exceeding
seven years
A Metropolitan Magistrate can pass a sentence
for a term not exceeding three years or fine not exceeding five thousand
rupees or both.
Sec-16 :
In every metropolitan area, the courts of Metropolitan Magistrates (MM) are
established by the State Govt. after consultation with the High Court.
The presiding officers of such courts are appointed by the High Court.
Every metropolitan magistrate has the jurisdiction throughout the metropolitan
area.
Sec-17 : Chief Metropolitan Magistrate :
One of the Metropolitan Magistrate is appointed by the High Court as Chief
Metropolitan Magistrate (CMM) for the district.
The High Court can also appoint any Metropolitan Magistrate as Additional
Chief Metropolitan Magistrate (ACMM) who has all the powers of a CMM.
Sec-18 : Special Metropolitan Magistrates :
At the request of the Central Govt. or the State Govt.,
the High Court can appoint
Special Metropolitan Magistrates
for a term not exceeding one year,
to try particular class of cases in any metropolitan area.
Sec-19 : Subordination of Metropolitan Magistrates :

CMM and the ACMM are subordinate to the Sessions Judge.

Every other Metropolitan Magistrate shall, subject to the general control of the
Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
High Court may define the extent of the subordination, if any, of the Additional
Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
Chief Metropolitan Magistrate may make rules or give special orders,
as to the distribution of business among the Metropolitan Magistrates and
as to the allocation of business to an Additional Chief Metropolitan
Magistrate.
(III) Court of Judicial Magistrate :
Establishment : [Section 11]
Sec-7 :
Each division is divided into districts.
The State Government in every district after consultation with the High
Court
will establish as many Courts of Judicial Magistrates of First Class and
Second Class as it may deem fit.
The presiding officer of such Courts shall be appointed by the High Court.
JMFC :
In every district a Judicial Magistrate of First Class (JMFC) will be appointed
as a Chief Judicial Magistrate (CJM) under Section 12 of CrPC.
The High Court can also appoint any JMFC to be an Additional CJM.
A CJM, subject to the control of High Court, can define the local limit of the
areas within which the Magistrates appointed under Section 11 or Section 13
can exercise their powers. [Section 14]
Subordination :
Sec-15 :
A CJM will be subordinate to the Sessions Judge and the other Judicial
Magistrate will be subordinate to CJM, subject to general control of Sessions
Judge.
Also, the CJM can make rules consistent with this Code and can distribute
the work among the Judicial Magistrate subordinate to him.
Triable Cases :
Sec-26 :
Court of Judicial Magistrate can try offence which has shown to be triable by
the Court of Judicial Magistrate in the First Schedule.
Punishment :

CJM may pass any sentence authorised by law

except a sentence of death or of imprisonment for life or a term exceeding
seven years.
JMFC can pass a sentence
for a term not exceeding three years or fine not exceeding five thousand
rupees or both.
JMSC (Judicial Magistrate of Second Class) can pass a sentence
for a term not be exceeding one year and in terms of fine, the amount will
not exceed one thousand rupees, or of both. [Section 29]
Sec-11 :
In every district (not being a metropolitan area),
there shall be established as many Courts of Judicial Magistrates of the first
class and of the second class,
as the State Government may, after consultation with the High Court, by
notification, specify.
The presiding officers of such Courts shall be appointed by the High Court.
The High Court may, whenever it appears to it to be expedient or necessary,
confer the powers of a Judicial Magistrate of the first class or of the second
class on any member of the Judicial Service of the State, functioning as a
Judge in a Civil Court.
Sec-12 : Chief Judicial Magistrate :
One of the Judicial Magistrate of the first class is appointed by the High Court
as Chief Judicial Magistrate (CJM) for the district.
Chief Judicial Magistrate allocates the cases to the Judicial Magistrates
subordinate to him.
The High Court can also appoint any Judicial Magistrate of the first class as
Additional Chief Judicial Magistrate (ACJM) who has all the powers of a CJM.
In any sub-division, any Judicial Magistrate of the first class can be designated
as Sub-divisional Judicial Magistrate (SDJM) by the High Court.
Every SDJM exercises supervision and control over the work of the Judicial
Magistrates in the sub-division.
Every SDJM in turn is subject to the general control of the CJM.
Sec-13 : Special Judicial Magistrates :
At the request of the Central Govt. or the State Govt.,
the High Court can appoint
any Judicial Magistrate (first class or second class)
as a Special Judicial Magistrates (SJM)
for a term not exceeding one year,

to try particular class of cases for particular areas.

Court of Executive Magistrate :
Establishment :
Sec-20 :
The State Government in every district and in every metropolitan area will
appoint as many Executive Magistrates as it thinks fit.
And shall appoint one of them as District Magistrate (DM).
The State Government can also appoint any Executive Magistrate,
as an Additional District Magistrate (ADM) who will have same power as
that of a DM.
The DM subject to the control of State Government will define the local limits
in which the Executive Magistrate can exercise their power.
Every Executive Magistrate other than ADM will be subordinate to the DM.
Every Executive Magistrate exercising power in a Sub-division shall also be
subordinate to the Sub-Divisional Magistrate, subject to the general control of
DM.
Triable Cases :
Sec-3(4)(b) :
The matters which are administrative or executive in nature will be
exercisable by an Executive Magistrate.
Order :
The order that can be passed by an Executive Magistrate will be either
administrative or executive in nature and hence it will depend on the facts and
circumstances of the case.
Sec-20 :
The State Govt. may
appoint certain persons as Executive Magistrates ( EM) in every district and
in every metropolitan area and
appoint one of them as the District Magistrate (DM).
The State Govt. can also appoint any Executive Magistrate as the Addl. District
Magistrate (ADM) enjoying such powers of the DM as directed by the State
Govt.
The State Govt. can make an Executive Magistrate as the in-charge of a sub-
division, who then is called the Sub-Divisional Magistrate (SDM).
The State Government may delegate powers to the District Magistrate to
place an Executive Magistrate as SDM.
Commissioner of Police as EM : The State Govt. may confer all or any of

the powers of the Executive Magistrate on the Commissioner of Police.

Sec-21 : Special Executive Magistrates :
The State Govt. can appoint Special Executive Magistrates
for particular areas
or for performing particular functions
and confer on them the powers of the Executive Magistrates.
Distribution of work to EM :
The DM distributes the work among the Executive Magistrates and
allocates the work to the ADMs.
Sentencing powers of HCs and subordinate courts :
Section 28 says (sentencing power)
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence
authorised by law;
but any sentence of death passed by such Judge shall be subject to
confirmation by the High Court.
(3) Any Assistant Sessions Judge may pass any sentence authorised by law
except,
a sentence of death
or of imprisonment for life
or of imprisonment for a term exceeding ten years."
Section 29 of Code says - (sentencing power)
(1) The Court of the Chief Judicial Magistrate
may pass any sentence authorised by law except a sentence of death or of
imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class
may pass a sentence of imprisonment for a term not exceeding three years, or
of fine not exceeding five thousand rupees, or of both.
(3) The Court of a Magistrate of the second class
may pass a sentence of imprisonment for a term not exceeding one year, or of
fine not exceeding one thousand rupees, or of both.
(4) The Court of a Chief Metropolitan Magistrate
shall have the powers of the Court of a Chief Judicial Magistrate and
The court of a Metropolitan Magistrate,
shall have the powers of the Court of a Magistrate of the first class.
Section 30 specifies further limits on powers of a Magistrate on account of

default on payment of fine. It says -

(1) The Court of a Magistrate may award such term of imprisonment in default
of payment of fine as is authorised by law :
Provided that the term -
(a) is not in excess of the powers of the Magistrate under Section 29;
(b) shall not {where imprisonment has been awarded as part of the
substantive sentence} exceed one-fourth of the term of imprisonment which
the Magistrate is competent to inflict as punishment for the offence
otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a
substantive sentence of imprisonment for the maximum term awardable by the
Magistrate under Section 29.
Court Sentences
Supreme Court or High Court Any sentence authorized by law
Sessions Judge or Additional Any sentence authorized by law - sentence of
Sessions Judge death is subject to confirmation by High Court.
Assistant Sessions Judge Imprisonment up to 10 years or/and fine
Chief Judicial Magistrate or Chief Imprisonment up to 7 years or/and fine.
Metropolitan Magistrate
Judicial Magistrate of Class I or Imprisonment up to 3 years or/and fine up to Rs.
Metropolitan Magistrate 10000.
Judicial Magistrate of Class II Imprisonment up to 1 year or/and fine up to Rs.
5000.
What is an offence?
ANSWER :
Refer :
http://hanumant.com/CrPC-Unit6-OffenceBail.html
Any act which is deemed as an offence by any law is an offence.
Generally, such act which cause violation of rights of others or cause harm to others
and is also harmful to the society at large
is designated as offence by the legislature through the acts of the parliament.
Definition : Sec-2(n) of CrPC defines an offence as follows -
"Offence" means any act or omission made punishable by any law for the time
being in force

and includes any act in respect of which a complaint may be made under Sec-20
of the Cattle-trespass Act, 1871.
Sec-39(2) :
An act committed outside India is also an offence if that act would be an offence if
committed in India.
It is important to note that an act is not offence unless it is clearly defined as an
offence by any piece of legislature.
Thus, to be an offence, the legislature must designate it to be an offence.
Several Acts and Legislations defines such acts which constitute offences. The main
among them is the Indian Penal Code. It defines acts ranging from theft and murder
to fraud and criminal breach of trust and makes them offences.
Examples of other acts which defines offences are Wildlife Protection Act,
Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act,
Environmental Protection Act.
All these Acts defines certain activities related to the focus of the Act as offences.
Some Acts such as Prevention of Corruption Act and Narcotic Drugs and
Psychotropic Substances Act also specify the mode of trial for the offences that
they define,
while some specify that trial for their offences will be held as per the provisions
of CrPC.
Discuss : Bailable and Non-bailable offenses.

ANSWER :
Refer :
What is Bail?
The purpose of arrest and detention of a person is primarily to make sure that
the person appears before the court at the time of trial
and if he is found guilty and is sentenced to imprisonment, he must be made
available to serve his sentence.
However, if it is reasonably evident that
the person charged with an offence can be made available for the above
mentioned purposes without keeping him in custody,
then it is unfair to keep him in custody until his guilt is proven.
This is so because, it is a violation of a person's fundamental right to restrict his
liberty without any just cause.

Bail is one such mechanism which is used to ensure the presence of an accused
whenever required by the court without violating his liberty until proven guilty.
Note : While releasing an accused on bail, he may also be required to provide a
surety or security. But it is not necessary. An accused may also be let off on his
own bond.
Term Bail has not been defined under CrPC, though bailable and non bailable
offence have been defined.
Term Bail is defined in the Law Lexicon as
security for the appearance of the accused person
on giving which, he is released pending trial or investigation.
Bail is an agreement in which accused & his surety makes a written undertaking to
the court that
the accused shall appear at the time and place designated and submit himself to
the jurisdiction and judgment of the court.
Moti Ram v State of M.P The Supreme Court has held that
bail covers both, (i) release on one's own bond, (ii) with or without sureties.
Who can apply for bail ?
An accused person who is in custody, because he or she has been charged with an
offence or is involved in pending criminal proceedings, may apply to be released on
Bail.
Who can grant bail ?
Two authorities that may grant bail are the police and the courts.
Implications of bail : In signing a bail agreement the accused & his surety BOTH
undertakes that
accused will be present every time the matter is in court until the proceedings are
finished,
accused will comply with any conditions set out in the agreement as to conduct
while on Bail, and
surety will forfeit a specified sum of money if the accused fails, without proper
excuse, to comply with any term or condition of the agreement.
Classification of offence : One of the classification of an offence is based on it being
bailable or non-bailable.
In general, a bailable offence is an offence of relatively less severity and for which
the accused has a RIGHT to be released on bail.
While a non-bailable offence is a serious offence and for it, the accused cannot
demand to be released on bail as a right.
Definition : Sec-2(a) :
"bailable offence" means

an offence which is shown as bailable in the First Schedule ,

or which is made bailable by any other law for the time being in force;
and "non-bailable offence" means any other offence;
Note that the definition itself does not refer to seriousness of the offence. It simply
makes those offences as bailable which are listed as so in the First Schedule of CrPC.
Examples of bailable offences : obstructing a public servant from discharging his
duties, bribing an election official, and providing false evidence.
Examples of non-bailable offences : murder, threatening a person to give false
evidence, and failure by a person released on bail or bond to appeal before court.
A quick look at the list of bailable and non-bailable offences shows that bailable
offences are of relatively less severity.
GENERALLY,
offence punishment of which is imprisonment for term less than 3 years are
bailable
First Schedule of CrPC :
Column 5 of first schedule in its
first part deals with offence of Indian Penal Code is bailable and which is non-
bailable.
second part deals with offences other than that of Indian Penal Code.
Provisions for Bail in Chapter XXXIII of CrPC :
Section 436 provides for bail in bailable offences as a matter of right.
Section 437 provides for granting of bail by Magistrate in non-bailable offences.
It also provides that Magistrate shall not grant bail in offence punishable with
death or imprisonment for life.
However in case of person less than 16 years of age or woman or sick or infirm
person, Magistrate may grant bail even in case of offences punishable with
imprisonment for life or with death.
Section 438 provides for Anticipatory bail.
Section 439 provides for bail by Session Court or HC in non-bailable offences.
Discuss : Provisions relating to arrest of persons.

Write short notes : Power of Police to arrest without warrant. (Nov-2011, Nov-
2012, Dec-2015))
Explain : Power of police to arrest without warrant. (Nov-2014)
ANSWER :

Refer :
http://hanumant.com/CrPC-Unit2-Arrest.html
http://hanumant.com/CrPC-Unit2-Warrant.html
http://www.lawyersclubindia.com/articles/Arrest-of-an-Accused-Not-a-must-in-
every-Cognisable-Case-8172.asp?
utm_source=newsletter&utm_content=news&utm_medium=email&utm_campaign
=nl_May
Outline of the discussion :
Intro : Need to ensure presence of a person before the court.
Sec-204 : Issue of process
Sec-87 : Issue of warrant in lieu of, or in addition to, summons -
What is arrest ?
Arrest with warrant.
What is warrant of arrest? [Sec-70, 71]
Procedure for issue of warrant of arrest. [Sec-204, Sec-87]
Procedure for execution of warrant of arrest. [Sec-75-79]
Issue of warrant by a court which is only empowered to issue summons [Sec-87]
Issue of summons instead of a warrant. [Sec-204]
Warrant for recovery of fine amount. [Sec-421]
Arrest without warrant.
Arrest by police officer. Sec-41, 42
Arrest by private citizen. Sec-43
What after arrest by a police officer ? [Sec-50A]
Arrest by a Magistrate. Sec-44
Arrest how made. Sec-46
Rights of arrested person.
Consequences of non-compliance with the provisions relating to arrest.
Intro : Need to ensure presence of a person before the court :
To meet the ends of justice, it is critical to produce accused, witnesses or related
parties before the court whenever needed.
If the accused is found guilty at the conclusion of the trial, he must be present in
person to receive the sentence.
Also, his presence is necessary if imprisonment is to be enforced.
Further, the supremacy of the law will be questionable if there is no formal process
to bring the required persons before the court.
For this reason, Chapter VI (Sections 61 to 90) of CrPC provides two ways for

compelling the appearance of any person who is required to be present in the

court, in the court,
Summons, an order of the court to the person to appear before it, and
Warrant, an order of the court given to a public servant to bring (in the court)
the person who is required to be present in the court,
CrPC classifies all criminal cases into summary cases, summons cases, and warrant
cases. And the basis of classification is the seriousness of the offence.
A summary case wherein no sentence of imprisonment for a term exceeding
three months can be passed in any conviction.
A summons case is a case that is not a warrant case.
A case is a warrant case if the offence is punishable by death, imprisonment for
life or imprisonment for more than two years.
Which method is to be used in a particular situation depends on powers and
discretion of the judicial officer, who shall be guided by the provisions of law.
Generally, a summons is issued for a summons case and a warrant is issued for
a warrant case.
However, when a Summons is not productive in making a person appear before
the court, the count may issue a warrant to a police officer or any other person
to forcibly produce the required person before the court.
Sec-204 : Issue of process -
(1) If in the opinion of a Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be -
(a) a summons-case,
he shall issue his summons for the attendance of the accused, or
(b) a warrant-case,
he may issue a warrant, or, if he thinks fit, a summons,
for causing the accused to be brought or to appear at a certain time before
such Magistrate
or (if he has no jurisdiction himself) some other Magistrate having
jurisdiction.
(2) No summons or warrant shall be issued until a list of the prosecution witnesses
has been filed.
(3) In a proceeding instituted upon a complaint,
every summons or warrant issued shall be accompanied by a copy of such
complaint.
(4) When any process-fees or other fees are payable by complainant,
no process shall be issued until such fees are paid
and, if such fees are not paid within a reasonable time, the Magistrate may

dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 87.
Sec-87 : Issue of warrant in lieu of, or in addition to, summons -
A Court may,
in any case in which it is empowered to issue a summons for the appearance of
any person,
issue a warrant for his arrest, , after recording its reasons in writing
(a) if, either before the issue of such summons, or after the issue of the same
but before the time fixed for his appearance, the Court sees reason to believe
that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear
and the summons is proved to have been duly served in time to admit of his
appearing in accordance therewith
and no reasonable excuse is offered for such failure.
What is arrest ?
Arrest means
apprehension of a person either (i) by a legal authority, or (ii) by a private
citizen,
so as to cause deprivation of arrestee's liberty.
Thus, after arrest, a person's liberty is in control of the arrester.
Arrest is an important tool for bringing an accused before the court as well as to
prevent a crime or prevent a person suspected of doing crime from running away
from the law.
Two types of arrests,
an arrest that is made for the execution of a warrant issued by a magistrate and
an arrest that is made without any warrant but in accordance with some legal
provision that permits arrest.
Summary :
Section 41 to 44 : arrest of a person by police and private citizens,
Section 46 : how an arrest is a made.
Arrest with warrant :
What is warrant of arrest?
A warrant of arrest is a written authority given by a competent court for the
arrest of a person.
It is a more drastic step than the issue of a summons.
It is addressed to a person, usually a police officer, to apprehend and produce
the offender in front of the court.

Essential Elements of a valid warrant -

The warrant must clearly mention the name and other particulars of the
person to be arrested.
Sec-70 :
Every warrant of arrest
shall be in writing.
must specify the person to be arrested
must specify the person to whom the authority to arrest has been given
must specify the offence committed
it must be signed by the presiding officer of the court
and must bear the seal of the court.
A warrant remains in force until it is canceled or is executed.
Form 2 of Second schedule is used to write a warrant.
Sec-71 : Bailable warrant of arrest :
Bailable warrant is a warrant which includes a direction that
if the person arrested under the warrant executes a bond and gives security
for his attendance in court, he shall be released.
Sec-72 : A warrant is normally directed to one or more police officers but, if
necessary, the court may direct it to any other person or persons.
Sec-73 :
A magistrate may direct a warrant to any person within his jurisdiction for the
arrest of any escaped convict, proclaimed offender, or of any person who is
accused of a non-bailable offence and is evading arrest.
Procedure for issue of warrant of arrest :
When a request in appropriate format is made to the court for compelling the
appearance for a person, the court either rejects the request or issues a
Warrant.
Sec-204 : Issue of process :
If in the opinion of the Court taking cognizance of the offence,
there is sufficient ground for proceeding, and if the cases is a warrant case,
he may issue a warrant or if he thinks fit, he may issue a summons.
Sec-87 :
Court may issue a warrant even if the case is a summons case
if it has reason to believe that the summons will be disobeyed.
However, in that case the court must record reasons for this action.
Procedure for execution of warrant of arrest :

Sect-75 :
A warrant can be executed by showing the substance of the warrant to the
person being arrest.
If required, the warrant must be shown to the person arrested.
Sec-76 :
The person executing the warrant must produce the arrested person before
the magistrate without unnecessary delay and within 24 hours excluding the
time taken for travel from the place of arrest to the magistrate.
Sec-77 : A warrant may be executed anywhere in India.
Sec-78 : Issue of warrant to be executed o/s local jurisdiction :
If a warrant is to be executed outside the local jurisdiction of the court issuing
it,
such court may send it to the Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of
whose jurisdiction it is to be executed.
Sec-79 : Procedure for executing a warrant o/s local jurisdiction of the court :
(1) When a warrant directed to a police officer is to be executed beyond the
local jurisdiction of the Court issuing the same,
he shall ordinarily take it for endorsement either to an Executive Magistrate
or to a police officer not below the rank of an officer in charge of a police
station, within the local limits of whose jurisdiction the warrant is to be
executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police officer to whom the
warrant is directed to execute the same.
Also the local police shall, if so required, assist such officer in executing
such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining
the endorsement of the Magistrate or police officer within whose local
jurisdiction the warrant is to be executed will prevent such execution,
the police officer to whom it is directed may execute the same without such
endorsement in any place beyond the local jurisdiction of the Court which
issued it.
Issue of warrant by a court which is only empowered to issue summons :
Sec-87 : A court may issue a warrant even in a case in which it is empowered
only to issue a summons.
A court can issue a warrant either before issuing a summons or even after
issuing a summons.
It may do so if

it has reason to believe that the person has absconded or that the person
will not obey the summons.
the summons was duly served and still the person fails to appear before it
at the required date and time without any reasonable excuse.
The court must record its reasons for issuing warrant instead of summons.
Issue of a summons instead of a warrant :
Sec-204 : Court may issue a summons even for a warrants case if it believes
that a summons is sufficient to enforce the appearance of the person before it
In general, a warrant ought not to be issued where a summons can serve the
purpose and care should be exercised by the court to satisfy itself that upon the
materials present before it, it was necessary to issue a warrant.
Case : Anoop Singh vs Cheelu AIR 1957,
it was held that this applies to an accused as well as a witness.
But where the court has no power to issue a summons, it cannot issue a
warrant under this section.
Warrant for recovery of fine amount :
Sec-421 : Warrant for levy of fine :
(1) When an offender has been sentenced to pay a fine, the Court passing the
sentence may take action for the recovery of the fine in either or both of the
following,
(a) issue a warrant for the levy of the amount by attachment and sale of
any movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorizing him to realize
the amount as arrears of land revenue from the movable or immovable
property, or both, of the defaulter:
Provided that, if the sentence directs that in default of payment of the fine,
the offender shall be imprisoned, and if such offender has undergone the
whole of such imprisonment in default, no Court shall issue such warrant
unless, for special reasons under Section 357.
Provided that no such warrant shall be executed by the arrest or detention in
prison of the offender.
Arrest without warrant :
There are situations when a person may be arrested by a police officer, a
magistrate or even private citizen without a warrant.
These are described in,
Section 41, 42 : Arrest by police
Section 43 : Arrest by private citizen,
Section 44 : Arrest by a Magistrate.

Arrest by police officer :

Sec-41 : When police may arrest without warrant ?
(1) Any police officer may without an order from a Magistrate and without a
warrant, arrest any person -
(a) who has been concerned in any cognizable offence,
or against whom a reasonable complaint has been made,
or credible information has been received,
or a reasonable suspicion exists, of his having been so concerned; or
(b) who has in his possession any implement of house-breaking; or
(c) who has been proclaimed as an offender or
(d) who is suspected to be in possession of stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who
has escaped, or attempts to escape, from lawful custody; or
(f) who is suspected of being a deserter from any of the Armed Forces; or
(g) against whom a reasonable complaint has been made, or credible
information has been received, of his having been concerned in,
any act committed at any place out of India which, if committed in India,
would have been punishable as an offence,
and for which he is, under any law relating to extradition, or otherwise,
liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under
sub-section (5) of section 356; or
(i) for whose arrest any requisition, has been received from another police
officer, provided that
the requisition specifies the person to be arrested and the offence or
other cause for which the arrest is to be made
and it appears therefrom that the person might lawfully be arrested
without a warrant by the officer who issued the requisition.
(2) [Security for good behaviour from suspected persons or habitual offenders]
Any officer in charge of a police station may, arrest or cause to be arrested
any person, belonging to one or more of the categories of persons specified
in section 109 or section 110.
In the case of Joginder Kumar vs State of UP, CrLJ, 1994, it was held that
no arrest can be made merely because it is lawful to do so.
There must be a justifiable reason to arrest.
In State vs Bhera, CrLJ, 1997, it was held that
the "reasonable suspicion" and "creditable information" must relate to definite

averments which must be considered by the Police Officer himself before he

arrests the person.
Sec-42 : A police officer may arrest a person for a non-cognizable offence, if
he refuses to give his name and residence.
Such a person may be arrested by such officer in order that his name or
residence may be ascertained.
However, as per sub clause (2), the person must be released when the true
name and residence of such person have been ascertained.
Such a person may be required to execute a bond, with or without sureties, to
appear before a Magistrate if necessary.
Provided that, if such person is not resident in India, the bond shall be
secured by a surety or sureties resident in India.
As per sub clause (3), should the true name and residence of such person not
be ascertained within twenty-four hours from the time of arrest or should he
fail to execute the bond, or, if so required, to furnish sufficient sureties,
he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction.
Arrest by private citizen : [Sec-43]
Even private persons are empowered to arrest a person for protection of peace
in certain situations. This is important because police cannot be present at every
nook and corner and it is up to private citizens to protect the society from
disruptive elements or criminals.
Sec-43(1) : Any private person
may arrest or cause to be arrested any person who in his presence
commits a non-bailable and cognizable offence ,
or any proclaimed offender,
and without unnecessary delay, shall make over any person so arrested to a
police officer,
or, in the absence of a police officer, take such person or cause him to be
taken in custody to the nearest police station.
Thus, if a person is drunk and is committing assault on others, he may be rightly
arrested by any citizen and taken to the nearest police station.
However, it is important to note that this power can be exercised only when the
person making an arrest is under a bona fide impression that a non-bailable and
cognizable office is being committed in his presence.
One does not have a right to arrest on mere suspicion or on mere opinion that
an offence has been committed.
If he keeps the person in his own custody, he will be guilty of wrongful
confinement as given in Section 342 of IPC.

Sec-43(2) : If there is reason to believe that such person comes under the
provisions of section 41, a police officer shall re-arrest him.
Sec-43(3) :
This sub-section expressly prohibits private citizen from arresting such a
person who falls under the provision of Sec-42.
In other words,
EVEN IF a person has committed a non-cognizable offence,
he shall be dealt with ONLY by police under the provisions of section 42;
in case he refuses on the demand of a police officer to give his name and
residence.
What after arrest by a police officer ?
Sec-50A :
It is obligatory for the police officer or any other person making an arrest
to give the information regarding such arrest and place where the arrested
person is being held
to any of friends/ relative of the arrested person
inform the arrested person of his rights under subsection as soon as he is
brought to the police station.
make an entry of the fact as to who has been informed of the arrest of such
person in a book to be kept in the police station.
It is also the duty of the Magistrate before whom arrested person is produced,
to satisfy himself that all the requirements in respect of the arrestee has been
complied with.
Arrest by a Magistrate :
Sec-44(1) :
When any offence is committed in the presence of a Magistrate , whether
Executive or Judicial, within his local jurisdiction,
he may himself arrest or order any person to arrest the offender,
and may thereupon commit the offender to custody or release him on bail.
Sec-44(2) :
Any Magistrate, whether Executive or Judicial, may at any time arrest or direct
the arrest of any person for whose arrest he is competent to issue a warrant.
Note :
Magistrates have wider power than private citizen.
A magistrate can arrest on the ground of any offence and not only on
cognizable offence.
Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi, AIR 1954,

the arrested person must be produced before another magistrate within 24

hours, otherwise his detention will be illegal.
Arrest how made :
Sec-46(1) :
Unless the person being arrested consents to the submission to custody by
words or actions,
the arrester shall actually touch or confine the body of the person to be
arrested.
Arrest is a restraint on the liberty of the person.
It is necessary for the person being arrested,
to either submit to custody
or the arrester must touch and confine his body.
Mere oral declaration of arrest by the arrester
without getting submission to custody or physical touching to confine the body
will not amount to arrest.
The submission to custody may be by express words or by action.
Bharosa Ramdayal vs Emperor AIR 1941,
A person may be considered to have submitted to the custody of police officer.
IF he makes a statement to the police accusing himself of committing an
offence,
or IF he proceeds towards the police station as directed by the police officer.
In such cases, physical contact is not required.
Birendra Kumar Rai vs Union of India, CrLJ, 1992, it was held that
arrest need not be by handcuffing the person , and it can also be complete by
spoken words if the person submits to custody.
Sec-46(2) :
If such person forcibly resists the endeavor to arrest him, or attempts to evade
the arrest,
such police officer or other person may use all means necessary to effect
the arrest.
Thus, if the person tries to runaway,
the police officer can take actions to prevent his escape and in doing so, he
can use physical force to immobilize the accused.
Sec-46(3) :
While arresting that person,
there is no right to cause the death of the person
who is not accused of an offence punishable with death or with

imprisonment for life

Sec-49 :
An arrested person must not be subjected to more restraint than is necessary
to prevent him from escaping.
Sec-46(4) :
forbids the arrest of women after sunset and before sunrise,
except in exceptional circumstances, in which case the arrest can be done by a
woman police officer after making a written report and obtaining a prior
permission from the concerned Judicial Magistrate of First class.
In Kultej Singh vs Circle Inspector of Police, 1992, it was held that
keeping a person in the police station or confining the movement of the person
in the precincts of the police station amounts to arrest of the person.
Rights of arrested person :
Need :
CrPC gives wide powers to the police for arresting a person. Such powers
without appropriate safeguards for the arrested person will be harmful for the
society.
To ensure that this power is not used arbitrarily, several restraints have been
put on it, which, indirectly, can be seen as recognition of the rights of a person
being arrested.
Further, once arrested, a person is already at a disadvantage because of his lack
of freedom and so he cannot take appropriate steps to defend himself.
Thus, to meet the needs of "fair trial", several provisions are given in CrPC, that
give specific rights to an arrested person. These rights can be described as
follows -
List of rights of arrested person :
1. Right to know the grounds of arrest [Art-22(1), Section 50(1)]
2. Right to be informed of the provision for bail - [Section 50(2)]
3. Right to be taken to magistrate without delay [Art-22(2), Section 57, 76]
4. Right to consult Legal Practitioner - [Art-22(1)]
5. Right to free legal aid - [Art 21 and Sec-304]
6. Right that police inform arrestee's relatives or friend about arrest - [Sec-50A]
7. Right to be examined by a medical practitioner - [Sec-53, 54]
1. Right to know the grounds of arrest :
Constitutional provision :
This right is also a fundamental right given by the Constitution in Art 22(1).
Art-22(1) embodies two distinct rights -

the right to be told of the grounds of arrest and

the right to consult a legal practitioner of his choice.
Definition : Art 22(1) of Constitution :
No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest
nor shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
CrPC provision :
Sec-50(1) -
(a) Every police officer arresting any person without warrant shall
forthwith communicate to him
full particulars of the offence for which he is arrested or other grounds for
such arrest.
(b) When a subordinate officer is deputed by a senior police officer to arrest
a person under Section 55,
the subordinate officer must notify the person to be arrested of the
substance of the written order given by the senior officer, which clearly
specifies the offence for which he is being arrested.
(c) In case of an arrest made under a warrant in Section 75,
the police officer making arrest must notify the substance of the warrant
to the person being arrested and if required, must show the warrant.

The right of consulting a legal practitioner of his choice actually depends on the
first right of being told about the grounds of arrest. If the person doesn't know
why he is being arrested, he cannot consult a legal practitioner meaningfully.
As held in Satish Chandra Rai vs Jodu Nandan Singh, ILR 26 Cal 748,
if the substance of the warrant is not notified, the arrest would be unlawful.
In Udaybhan Shuki vs State of UP 1999 CrLJ, All HC held that
right to be notified of grounds of arrest is a precious right of the arrested
person, which allows him
to move the proper court for bail,
make a writ petition for habeas corpus,
or make appropriate arrangements for his defence.
In Harikishan vs State of Maharashtra AIR 1962, SC held that
the grounds of arrest must be communicated to the person in the language
that he understands otherwise it would not amount to sufficient compliance of
the constitutional requirement.
2. Right to be informed of the provision for bail -

Sec-50(2), provides that

where a police officer arrests any person accused of a bailable offence,
police shall inform the person arrested that
he is entitled to be released on bail
and that he may arrange for sureties on his behalf.
Some offences that are not very serious do not require the offender to be kept in
custody.
For such offences, CrPC allows the offender to ask for bail as a matter of right.
3. Right to be taken to magistrate without delay -
Need for balancing contradicting requirements,
Holding a person in custody (without first proving that the person is guilty) is a
violation of human rights and is completely unfair.
At the same time, holding a person in custody is necessary for the police to
carry on their investigation of a crime.
Above two are contradictory requirements and a balance must be found between
them.
Constitutional provision :
Since police has arrested the person, it cannot be the agency that determines
whether person must be kept confined further. This can only be decided by a
competent judicial authority.
This is exactly what is embodied in Art 22(2) that gives a fundamental right
to the arrested person that he must be produced before a magistrate within
24 hours of arrest.
Art-22(2) of the Constitution :
"Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest
to the court of the magistrate,
and no such person shall be detained in custody beyond the said period
without the authority of a magistrate."
CrPC Provision :
Sec-57 of CrPC contains a similar provision for a person arrested without a
warrant.
It says, "No police officer shall detain in custody a person arrested without
warrant for a longer period than is reasonable,
and such period shall not, in the absence of a special order of a
Magistrate under Section 167, exceed twenty four hours exclusive of the
time necessary for the journey from the place of arrest to the

Magistrate's court."
Sec-76 of CrPC contains a similar provision for a person arrested under a
warrant.
It says, "The police officer or other person executing a warrant of arrest
shall (subject to the provisions of section 71 as to security) without
unnecessary delay bring the person arrested before the court before which
he is required by law to produce such person.
Provided that such delay shall not, in any case, exceed twenty-four hours
exclusive of the time necessary for the journey from the place of arrest to
the Magistrate's court."
It is a very important right that is meant to
prevent abuse of police power
and to prevent the use of a police station as a prison.
The arrested person gets to be heard by a judicial authority that is independent
of the police.
In Sharifbai vs Abdul Razak, AIR 1961, SC held that
if a police officer fails to produce an arrested person before a magistrate within
24 hours, he shall be held guilty of wrongful detention.
In Khatri (II) vs State of Bihar 1981 SCC, SC strongly urged upon the State,
to ensure that this constitutional and legal requirement of bringing an arrested
person before a judicial magistrate within 24 hours be scrupulously met.
This is a healthy provision that allows magistrates to keep a check on the
police investigation.
It is necessary that the magistrates should try to enforce this requirement and
when they find it disobeyed, they should come heavily upon the police.
4. Right to consult Legal Practitioner Art-22(1) and Sec-303 :
Definition : Art 22(1) of Constitution :
No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest
nor shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
Sec-303 of CrPC : The same right is also provide by CrPC under Section 303,
Any person accused of offence before a Criminal Court or against whom
proceedings are instituted under this Code may,
of right, be defended by a pleader of his choice."
It is up to the arrested person to contact and appoint such a legal practitioner.
State's responsibility is only to ensure that he is not prevented from doing so.
5. Right to free legal aid - Art 21 and Sec-304 :

A person who does not have the means to hire a legal practitioner is unable to
defend himself appropriately.
This casts a cloud on the fairness of the trial.
Sec-304 :
Where, in a trial before the Court of Session, the accused is not represented by
a pleader,
and where it appears to the Court that the accused does not have sufficient
means to engage a pleader,
the Court shall assign a pleader for his defense at the expense of the State.
In Khatri (II) vs State of Bihar 1981 SCC, Supreme Court has held that
access to a legal practitioner is implicit in Article 21, which gives fundamental
right to life and liberty.
The state is under constitutional mandate to provide free legal aid to an
indigent accused person
and this constitutional obligation arises not only when the trial is
commenced
but also when the person is first produced before a magistrate
and also whenever he is remanded from time to time.
In Suk Das vs Union Territory of Arunachal Pradesh 1986, SCC, SC has held that
non-compliance of this requirement or failure to inform the accused of this
right would vitiate the trial entailing setting aside of the conviction and
sentence.
The right of an accused person to consult his lawyer
begins from the moment of his arrest.
The consultation with the lawyer may be within the presence of a police officer
but not within the police officer's hearing.
SC also held that it is the duty on all courts and magistrates to inform the
indigent person about his right to get free legal aid.
6. Right that police inform arrestee's relatives/friend about arrestSec-50A
In order to ensure a fair trial and to improve people-police relationship, the
Supreme Court, in Joginder Kumar vs State of UP 1994, formulated
rules that make it mandatory on the police officer to inform one friend,
relative, or any other person of the accused person's choice, about his arrest.
These rules were later incorporated in CrPC under Sec-50A in 2005.
Sec-50A : Once the arrested person is brought to the police station,
the police officer must inform a relative or a friend, or any other person of
the arrested person's choice, about his arrest.
He must also tell the place where the arrested person has been kept.

Police officer must inform the arrested person of this right.

Police must note down the name and address of the person who was
informed about the arrest.
It is a duty of the magistrate to verify that the provisions of this section
were complied with.
This is a very important step in ensuring justice with the arrested person
because this allows the arrested person and his well wishers to take appropriate
legal steps to secure his release.
7. Right to be examined by a medical practitioner Sec-53, 54 :
Sec-53 :
allows a police officer to get the accused examined by a registered medical
practitioner,
Sec-54(1) :
gives the accused a right to get himself examined by a registered medical
practitioner,
in case he thinks that examination of his body will afford evidence which will
disprove the commission by him of any offence.
While Sec-53 is meant to aid the police in investigation,
Sec-54(1) is meant for the accused to prove his innocence.
Arrestees right u/s 54(1) can also be used by the accused to prove that he was
subjected to physical injury.
Sec-54(1) :
When a person who is arrested alleges, [at the time when he is produced
before a Magistrate or at any time during the period of his detention in
custody],
that the examination of his body will afford evidence which will disprove the
commission by him of any offence
Magistrate shall, if requested by the arrested person so to do, direct the
examination of the body of such person by a registered medical practitioner.
In Sheela Barse vs State of Maharashtra 1983 SCC, SC held that
the arrested accused person must be informed by the magistrate about his
right to be medically examined in terms of Section 54(1).
However, it is not clear in the section whether the medical person must be of the
choice of the accused or shall be appointed by the magistrate. The section is also
silent on who will bear the expense of the examination.
Note : Non compliance to this important provision prompted Delhi High court to
issue directions that make it obligatory for the magistrates to ask the arrested
person as to whether he has any complaint of torture or maltreatment in police

custody.
Consequences of unlawful arrest OR non-compliance with the provisions
relating to arrest :
In general, non-compliance does not void a trial. Just because any provision
relating to arrest was not complied with does not affect whether the accused is
guilty or not.
Violation of rights of an arrestee will be material, in case the accused is prosecuted
on the charge of resistance to or escape from lawful custody.
Everybody has a right to defend himself against unlawful arrest.
A person can exercise his Right of Private Defence under Section 96 to 106 of
IPC to resist unlawful arrest,
and such a person will not be liable for any injury caused due to exercise of his
right to private defence.
A person who is making an illegal arrest is exposed to criminal (wrongful
confinement) as well as civil proceedings (damages).
Criminal proceedings :
IF a police officer arrests a person with full knowledge that the arrest is illegal,
he will be liable to be prosecuted under Section 220 of IPC.
Similarly, IF any private person arrests a person with full knowledge that the
arrest is illegal,
he can be prosecuted under Section 342 of IPC for wrongful confinement.
Civil proceedings :
A person making illegal arrest also exposes himself to civil suit (damages) of
false imprisonment.
Note : The provisions regarding arrest cannot be by-passed by alleging that there
was no arrest but only an informal detention.
Informal detention or restraint of any kind by the police is not authorized by law.
Discuss : Even in a cognizable offence, arrest is a discretionary power to be

exercised with caution.
ANSWER :
Refer :
http://www.lawyersclubindia.com/articles/Arrest-of-an-Accused-Not-a-must-in-
every-Cognisable-Case-8172.asp
Intro :

In reality, the power to arrest is a lucrative source of money for the police.
When an FIR is filed, the police usually spring up into action and arrest the
accused unless the arrest is put on hold by political influence or by money in an
unholy manner.
Arrest is the formal taking of a person to lock up to prevent the accused from
running away from law, or tampering evidence, or induce threat to the witnesses.
However, sometimes these issues can be also be solved by enforcing some
conditions on the accused.
Third Report of the National Police Commission, points out that sixty percent of the
arrests were unnecessary or unjustified.
A major section of jail inmates were those unnecessarily arrested.
Due to procedural tangles some of them are forced to languish in jail for long,
even without knowing the charge on which they were arrested.
Sec-41 of CrPC :
The term may arrest used in the Sec-41 denotes that the power of arrest is
discretionary.
In a cognizable offence, the laws provide the police officer enough legal authority
to arrest an accused and put him in lock up.
Lodging of an FIR {based on a credible information or reasonable suspicion
founded on some definite fact in regard to the commission of a cognisable offence}
- is a must.
However, a police officer is not bound to arrest an accused even if he has
committed a cognizable offence and an FIR is lodged.
CrPC does not provide the police officer an unqualified authority to arrest an
accused.
Police officer must apply his mind and decide whether the person accused need
to be arrested or not.
ie only the fact that an accused has committed a cognizable offence is not a
reasonable ground for making an arrest.
In Arnesh Kumar V State of Bihar & another, the Supreme Court said,
We believe that no arrest should be made only because the offence is non-bailable
and cognizable and therefore, lawful for the police officers to do so.
Impact of arrest on arrestee :
Arrest is in fact an encroachment on the freedom and liberty of the person so
arrested.
It infringes his fundamental right granted by the constitution which can be
restricted only in a limited manner.
Arrest of a person can cause incalculable harm to his reputation which he has built

up over the years.

Therefore,
except in heinous offences and in unnecessary circumstances, arrest must as far
as be avoided.
the power of arrest is to be exercised only with great caution.
Lalithakumari case : The five-member constitutional bench of the Supreme Court in
Lalithkumari case categorically stated that
the arrest of a person is not directly linked to the registration of FIR.
Both are entirely different concepts operating under different parameters
and if a police officer misuses his power of arrest, he can be tried and punished
under Section 166 of the Indian Penal Code.
Therefore a police officer should apply his mind independently while taking a
decision on arresting anyone.
Conclusion :
Due diligence must be exercised by the police officer when putting an accused
under arrest even in case of a cognizable offence.
Describe the procedure for issue and service of a Summons.

ANSWER :
Refer :
http://hanumant.com/CrPC-Unit2-Summons.html
Topic of issue of summons and service of summons is related to both, civil as well
as criminal proceedings.
Read 301 Civil Procedure Code (CPC) & Limitation, for notes on civil proceedings
Outline :
Need and means of compelling appearance of a person :
Meanings of Summons, Warrant, Absconder :
Choice between summons and warrant :
Sec-87 : Warrant in a summons case
Sec-204 : Summons in a Warrant case
Sec-61 : Procedure for issuing a Summons :
Procedure for serving a Summons : [Sec-62 to Sec-69]
Sec-62, 63 : Service of summons on individuals, corporate bodies & societies -
Sec-64 : Service when persons summoned cannot be found -

Sec-65 : Procedure when service cannot be effected as before provided -

Sec-66 : Service of summons on a Govt. employee
Sec-67 : Service of summons outside local limits
Sec-69 : The service of summons on a witness can also be done by post -
Effect of disobedience to summons :
Need and means of compelling appearance of a person :
To meet the ends of justice, it is critical
to produce the accused and other witness or related parties before the court
whenever needed.
and if the accused is found guilty at the conclusion of the trial,
he must be present in person to receive the sentence,
and enforcement of imprisonment.
Further, the supremacy of the law will be questionable if there is no formal process
to bring the required persons before the court.
Chapter VI (Sections 61 to 90) of CrPC provides 3 ways for compelling the
appearance of any person who is required to be present in the court, in the court -
Summons
Warrant
Proclamation for person absconding
Which method is to be used in a particular situation depends on the judicial officer,
who is guided by the provisions of this code.
Meanings of Summons, Warrant, Absconder :
Summons :
Summons is an order of the court to the person to appear before it,
A Summons is a process issued by a Court, calling upon a person to appear
before a Magistrate.
It is used for the purpose of notifying an individual of his legal obligation to
appear before the Magistrate as a response to a violation of the law.
Typically, the summons will announce to the person to whom it is directed
that a legal proceeding has been started against that person, and that a file
has been started in the court records.
The summons announces a date and time on which the person must appear in
court.
Under Sec-205, a magistrate issuing the summons may permit the accused to
appear by his lawyer if he sees reason to do so.
Warrant :
Warrant is an order of the court given to a third person to bring the person who

is required to be present in the court, in the court, and

Proclamation for person absconding :
This is used when the person has absconded or is in any other way avoiding
arrest, in which case the Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time not less
than thirty days from the date of publishing such proclamation
Choice between summons and warrant :
CrPC classifies all criminal cases into summary cases, summons cases and warrant
cases.
The basis of classification is the seriousness of the offence.
A summary case wherein no sentence of imprisonment for a term exceeding
three months can be passed in any conviction.
A summons case is a case that is not a warrant case.
A case is a warrant case if the offence is punishable by death, imprisonment for
life or imprisonment for more than two years.
Sec-87 : Warrant in a summons case :
Generally, a summons is issued for a summons case
and a warrant is issued for a warrant case.
However, when a summons is not productive in making a person appear before
the court, or court has reason to believe that the summons will be disobeyed,
u/s 87, the count may issue a warrant (even in a summons case) to a police
officer or any other person to forcibly produce the required person before the
court.
court must record reasons for this action.
Sec-204 : Summons in a warrant case :
u/ 204, if in the opinion of the magistrate taking cognizance of the offence, there
is sufficient ground for proceeding,
in a summons case, he may issue a summons.
in a warrants case, he may issue a warrant or a summons as he thinks fit.
ie u/s 204, Court may issue a summons even for a warrants case,
IF it believes that a summons is sufficient to enforce the appearance of the
person before it
In general, a warrant ought not to be issued where a summons can serve the
purpose and care should be exercised by the court to satisfy itself that upon the
materials present before it, it was necessary to issue a warrant.
Sec-61 : Procedure for issuing a Summons :
When a request in appropriate format is made to the court for compelling the
appearance for a person, the court either rejects the request or issues a Summons.

Sec-61 : Form of Summons :

Every summons issued by a Court under this Code shall be
in writing and in duplicate.
it must be signed by the presiding officer of the Court or by such other officer
as the High Court may, by rule direct.
it must also bear the seal of the Court.
it should contain the date, time, and place, of the offence charged.
it should contain the date, time, and place where the summoned person is
supposed to appear.
Procedure for serving a Summons :
CrPC describes the procedures for serving a summons on various categories of
individuals -
a person,
a corporate body,
a government servant, and
a person residing outside the jurisdiction of the court.
Sec-62 : Procedure for serving a Summons on an individual as follows -
Sec-62 :
(1) Every summons shall be served by a police officer, or by an officer of the
Court issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person
summoned, by delivering or tendering to him one of the duplicates of the
summons.
(3) Every person on whom a summons is so served shall, sign a receipt
therefore on the back of the other duplicate.
In case of Danatram Karsanal, 1968,
held that summons should not only be shown but a copy of it be left,
exhibited, delivered, or tendered, to the person summoned.
In E Chathu vs P Gopalan, 1981,
Merely affixing the summon on a conspicuous part of the house will not
amount to service of the summon.
Sec-63 : Service of summons on corporate bodies and societies -
"corporation" means an incorporated company or other body corporate and
includes a society registered under the Societies Registration Act, 1860.
Service of a summons on a corporation may be effected
by serving it on the secretary, local manager or other principle officer of the
corporation,

or by letter sent by registered post, addressed to the chief officer of the

corporation in India, in which case the service shall be deemed to have been
effected when the letter would arrive in ordinary course of post.
In the case of Central Bank of India vs Delhi Development Authority, 1981, it
was
held that a Branch Manager is a local manager and if he has been served the
service shall be deemed to have been effected on the company itself.
Sec-64 : Service when persons summoned cannot be found -
Where the person summoned cannot, by the exercise of due diligence, be found,
the summons may be served by leaving one of the duplicates with some adult
male member of his family residing with him,
and the person with whom the summons is so left shall, sign a receipt therefor
on the back of the other duplicate.
Note :
A servant is not considered to be a member of the family within the meaning
of this section.
Sec-65 : Procedure when service cannot be effected as before provided -
If service cannot by the exercise of due diligence be effected as provided in
section 62, section 63, or section 64,
the serving officer shall affix one of the duplicates of the summons to some
conspicuous part of the house or homestead in which the person summoned
ordinarily resides;
and thereupon the Court, after making such inquiries as it thinks fit, may
either declare that the summons has been duly served or order fresh service in
such manner as it considers proper.
Sec-66 : Service of summons on a Govt. employee -
(1) Where the person summoned is in the active service of the Government,
the Court issuing the summons shall ordinarily send it in duplicate to the head
of the office in which such person is employed;
and such head shall thereupon cause the summons to be served in the manner
provided by section 62, and shall return it to the Court under his signature
with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Sec-67 : Service of summons outside local limits -
When a Court desires that a summons issued by it shall be served at any place
outside its local jurisdiction,
it shall ordinarily send such summons in duplicate to a Magistrate within whose
local jurisdiction the person summoned resides, or is believed to be there,

served.
In E Chathu vs P Gopalan, 1981,
held that when the person sought to be summoned is abroad,
the court can send summons to the concerned embassy official for the
purpose of service since the embassy official is also a public servant.
Sec-69 : The service of summons on a witness can also be done by post -
(1) Notwithstanding anything contained in the preceding sections of this
Chapter, a Court issuing a summons to a witness may,
in addition to and simultaneously with the issue of such summons,
direct a copy of the summons to be served by registered post .
(2) When an acknowledgment purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness
refused to take delivery of the summons has been received, the Court issuing
the summons may declare that the summons has been duly served.
Effect of disobedience to summons :
A person who is summoned is legally bound to appear before the court on the
given date and time.
Willful disobedience is a ground for contempt of court, liable to be punished under
Section 174 of IPC.
Discuss the provisions relating to attachment and forfeiture of property under the
Criminal Procedure Code (Dec-2015)
ANSWER :
Refer :
CrPC, u/s 83, provides for attachment and forfeiture of property belonging to a
proclaimed offender under certain circumstances.
Object of Section 83 :
The object of Section 83 is to penalize a person who seeks to avoid his arrest under
warrant and against whom a proclamation is issued under Section 82, for
disobedience of the proclamation.
Accordingly, he incurs liability to be punished under Section 174 of the Indian Penal
Code.
The provision is devised to put additional pressure upon the absconder by depriving
him of his property with a view to compel him to obedience.
Attachment of property of person absconding :

Sec-83(1) : Court issuing proclamation for person absconding under Sec-82 may
for the reasons recorded in writing,
order the attachment of any property movable or immovable belonging to
proclaimed person:
Provided that where at the time of the issue of the proclamation,
the court is satisfied by affidavit or otherwise, that person in relation to whom
the proclamation is to be issued,
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the local
jurisdiction of the Court,
it may Order the attachment simultaneously with the issue of the
proclamation.
Order to be endorsed by magistrate having local jurisdiction :
Sec-83(2) Such order shall authorise the attachment of any property belonging to
such person
when endorsed by the Magistrate or Chief Metropolitan Magistrate within whose
district such property is situated.
Attachment of movable property :
Sec-83(3) If property ordered to be attached is a debt or other movable
property the attachment under this Section shall be made
(a) by seizure; or
(b) by appointment of receiver; or
(c) by an order in writing prohibiting the delivery of such property to the
proclaimed person;
as the Court thinks fit.
Attachment of immovable property :
Sec-83(4) : If the property ordered to be attached is immovable property, the
attachment under this Section shall,
in case of land be made through Collector of District in which the land is situate,
and in all other cases :
(a) by taking possession; or
(b) by the appointment of receiver; or
(c) by an order in writing prohibiting the payment of rent or delivery of
property to the proclaimed person;
as the Court thinks fit.
Attachment of livestock/perishable property :
Sec-83(5) : If the property ordered to be attached consists of livestock or is of a

perishable nature the Court may,

if it thinks it expedient, order immediate sale thereof,
and in such case the proceeds of sale shall abide the Order of the Court.
Write Short Note : Security for keeping peace and good behaviour (Nov-2012)
Explain in detail the provisions relating to taking security for keeping peace and good
behaviour stated in the Cr.P.C. (Oct-2013)
Prevention is better than cure" Keeping in view the statement, state the provisions
"regarding taking securities for maintenance of peace and good behaviour. (Nov-
2014, Apr-2016)
Write short note : Security for good behaviour from a habitual offender. (Nov-2014)
Discuss : Security for good behaviour from habitual offender. (Dec-2015)
ANSWER :
Refer :
Read Provisions in CrPC towards rehabilitation of Criminals on their good behavior
from study notes of 307K Rehabilitation of Criminals & Juveniles.
Discuss : Powers of Court to release convict on Probation of good behaviour.

Discuss : Power of Court to variation condition on probation. (Nov-2011)
Discuss : Powers of Court to require, release offenders to pay compensation
and costs. (Nov-2011)
Discuss : Appointment of probation officer and his duties. (Nov-2011)
ANSWER :
Refer :
Powers of Court to release convict on Probation of good behaviour :
Read Powers of court to release certain offenders on probation of good conduct
Powers of Court to require, release offenders to pay compensation and costs :
Read Explain : Powers of the Court to release offenders after admonition and after
payment of compensation and cost
Appointment of probation officer and his duties :

Read Appointment, powers and duties of the Probation Officer

Discuss in detail the provisions of maintenance of wife, children and parents under
Code of Criminal Procedure. Can the amount of maintenance be altered
Subsequently ? (Nov-2012)
Discuss the provision of maintenance of wife, children and parents under the Criminal
Procedure Code, Can the amount of maintenance be canceled subsequently ?
(Dec-2015)
Discuss in detail the provisions relating to the maintenance of wife, children and
parents stated in the Cr.P.C. (Oct-2013)
Discuss in detail the provision of maintenance of wife, children and parents under
Cr.P.C. Can the amount of maintenance be canceled subsequently ? (Nov-2014)
Discuss in detail the provisions of maintenance of wife , children and parents
under Cr. P. Code. In which circumstances the amount of maintenance be cancel
subsequently ? (Apr-2016)
ANSWER :
Refer :
Outline :
Intro
CrPC provision for maintenance of wives, children and parents :
Interim maintenance
Civil nature of maintenance proceedings under CrPC
Effect of non-compliance with order passed u/s 125 :
Case when wife is not entitled to receive maintenance :
Wife includes divorced wife :
Meaning of living in adultery :
Effect of judicial separation :
Alteration/ cancellation in the allowance of maintenance :
Power to alter/cancel the allowance of maintenance :
Provision to alter allowance :
Cancellation on account of re-marriage of woman :
Intro :
Chapter 9 of CrPC, Sections 125 to 128

deal with order of Maintenance of Wives, Children and parents.

Section 125 of Code gives effect to natural and fundamental duty of a man to
maintain his wife, children and parents, so long as they are unable to maintain.
Its provisions apply to all and are enforceable, whatever may be personal law by
which the persons concerned are governed.
The object of these proceeding is
to prevent homelessness in the society,
by compelling those persons who could maintain those who are unable to
maintain themselves.
After 2001 Amendment in CrPC.
There is no maximum limit for maintenance amount,
provision for interim maintenance has also been incorporated.
CrPC provision for maintenance of wives, children and parents :
Sec-125 :
(1) Any person having sufficient means, IF neglects or refuses to maintain
(a) His wife unable to maintain herself.
(b) His legitimate or illegitimate minor child whether married or not, unable
to maintain itself.
(c) His legitimate or illegitimate Major child (not being married daughter)
who by reason of any physical or mental abnormality or injury unable to
maintain itself.
(d) His father or mother unable to maintain himself or herself.
Magistrate upon proof of such neglect or refusal, may order such person
to make any amount of monthly maintenance allowance for each of the above
stated persons.
Essential ingredients :
person from whom Maintenance is claimed must have sufficient means and he
neglects or refuses to maintain.
person who claims maintenance must be unable to maintain himself or herself.
In Narain Sahu v. Sushama 1992 Criminal Law Journal 2912 it was held that
no order for maintenance can be passed under Section 125
unless neglect or refusal to maintain is proved.
Neglect or refusal to maintain can even be inferred from conduct.
Interim maintenance :
As per the second proviso to section 125,
A Magistrate may order, during pendency of the proceedings regarding monthly
allowance for maintenance,

for the interim maintenance of wife, child, father or mother.

Provided that application for interim maintenance will be disposed of within 60
days from the date of service of notice to the other party.
Civil nature of maintenance proceedings under CrPC :
Though proceedings u/s 125 are wholly governed by Criminal Procedure Code
and application for maintenance is entertained and disposed of by a Magistrate,
proceedings are in reality of Civil nature.
Effect of non-compliance with order passed u/s 125 :
Sec-125(3) provides that,
if any person against whom an order has been made,
has failed to comply with the order,
the Magistrate,
may issue warrant for levying the amount of maintenance in the same manner
as provided for levying fines
and may sentence the person in default to imprisonment for a term of one
month for every breach of order.
In Priyal v. Dr.Pradeep Kumar Kamboj, 2000(2) Recent Criminal Reports 217,
a Minor child was claiming maintenance under Section 125 of code from father
who was living in U.S.A.
The Punjab and Haryana High Court directed the Magistrate
to issue warrant for recovery of amount of maintenance to concerned court in
U.S.A. through Ambassador of India in U.S.A.
and if father fails to send amount of maintenance then, Magistrate will proceed
according to law in this regard.
Case when wife is not entitled to receive maintenance :
Section 125(4) of code provides that in following circumstances, wife is not entitled
to receive maintenance from her husband,
(i) If wife is living in adultery,
(ii) If wife without any sufficient reasons refuses to live with her husband,
(iii) If husband and wife are living separately by Mutual Consent.
Proviso to Section 125(3) also provides that,
IF husband offers to maintain his wife on the condition of her living with him
and she refuses to live with him.
Then, the Magistrate may after considering the offer, make an order under this
Section if he is satisfied that there is just ground for so doing.
Wife includes divorced wife :
In Rohtas Singh v. Smt. Ramenderi AIR 2000 SC 952 Supreme Court held that

For the purpose of Maintenance under Section 125 of Cr.P.C., as provided in

Explanation (b) to Sub-section (i) of Section 125
`Wife' includes woman who has been divorced or obtained divorce from her
husband.
ie A woman who has been divorced on account of a decree passed under Hindu
Marriage Act, continues to enjoy status of `Wife' for limited purpose of
Maintenance.
Therefore, wife against whom decree for Divorce has been passed on account of
her deserting her husband can claim maintenance allowance under Section 125.
Meaning of living in adultery :
Wife is dis-entitled to maintenance when she is living in adultery.
Phrase `living in adultery' is of special importance.
It means that the wife is living in a continuous adulterous conduct as different
from a single act of adultery.
Effect of judicial separation :
Passing of a decree of judicial separation against the wife,
dis-entitles her to claim maintenance because she has no reasonable ground for
not living with her husband.
Alteration/ cancellation in the allowance of maintenance :
Section 127 of Criminal Procedure Code deals with the alteration & cancellation
of the maintenance allowance.
Power to alter/cancel the allowance of maintenance :
Sec-127(2) :
Where it appears Magistrate that in consequence of any decision of a
competent civil court,
any order made under section 125 should be cancelled or varied,
he shall cancel the order or, as the case may be, vary the same accordingly.
Provision to alter allowance :
Sec-127(1) :
On proof of a change in the circumstances of any person,
receiving u/s 125 a monthly allowance, for the maintenance or interim
maintenance,
or ordered under the same section to pay a monthly allowance for the
maintenance, or interim maintenance to his wife, child, father or mother,
the Magistrate may makes such alteration, as he thinks fit, in the allowance
for the maintenance or the interim maintenance as the case may be.
Provided that if he increases the allowance,

the monthly rate of five hundred in the whole shall not be exceeded.
Cancellation on account of re-marriage of woman :
Sec-127(3) :
Where any order has been made under section 125 in favour of a woman who
has been divorced by, or has obtained a divorce from her husband, the
Magistrate shall, if he is satisfied that -
(a) the woman has, after the date of such divorce, re-married,
cancel such order as from the date of her re-marriage;
(b) the woman has been divorced by her husband
and that she has received, the whole of the sum which, under any
customary or personal law applicable to the parties, was payable on
such divorce,
cancel such order w.e.f. the date such sum is/was paid;
(c) the woman has obtained a divorce from her husband
and that she had voluntarily surrendered her rights of maintenance or
interim maintenance after her divorce,
cancel the order from the date thereof.
Explain : Child Welfare Committee, Formation, Powers and Proceedings. (Nov-2011)

Explain : Explain the matters pertaining to restitution and social reintegration of
the children under the J.J. Act. (Nov-2011)
ANSWER :
Refer :
Note : ---> Read from Module-3 of 307K Rehabilitation of Criminals & Juveniles.
Explain : Juvenile Offender's Crimes. (Nov-2011)

Explain : Juvenile delinquency against society. (Nov-2011)
Discuss : Restriction on imprisonment to below 21 years accused. (Nov-2011)
ANSWER :
Refer :
Note : ---> Search Neglected Juveniles in Module-1 of 307K Rehabilitation of

Criminals & Juveniles.

Note : ---> Read Module-3 of 307K Rehabilitation of Criminals & Juveniles.
Restriction on imprisonment to below 21 years accused :
<work on this>
Explain : Juvenile Court (Nov-2011)

ANSWER :
Refer :
Note : ---> Read from Module-3 of 307K Rehabilitation of Criminals & Juveniles.

Module-2 :
2) Maintenance of Public Order & Tranquility, Investigation, Inquiry and
Jurisdiction of Criminal Courts and Trial Procedures in Criminal Cases :
2.1) Maintenance of Public Order & Tranquility, Powers of the police to take
preventive actions
2.2) FIR, Criminal Complaint, Power of Police to make investigation,
procedure, filing of report, Charge-sheet
2.3) Jurisdiction of Criminal Courts in Inquiries and trials
2.4) Charge :
2.4.1) Provisions relating to framing of Charge
2.4.2) Addition of Charges
2.4.3) Alteration of Charge
2.4.4) Separate charges for distinct offenses
Discuss : Maintenance of Public Order & Tranquility and Powers of the police to
take preventive actions.
Write Short Note : Procedure for removal of public nuisance (Nov-2012, Nov-2014,
Dec-2015)
Write short notes : Complaint and First Information Report (FIR). (Nov-2011)
Write short note : First Information Report (Nov-2012, Nov-2014, Apr-2016)
Explain in detail : First Information Report and complaint (Oct-2013)
Explain F.I.R., and criminal complaint. (Dec-2015)
Discuss : Investigation, Inquiry and powers of superior officers of police.
Write Short Note : Police diary of proceeding in Investigation (Nov-2012, Nov-2014,
Apr-2016)
Discuss : filing of report, Charge-sheet.
Write short note : Search Warrant. (Nov-2014, Dec-2015, Apr-2016)
Discuss : Trial Procedures in Criminal Cases.
Explain in detail : Further statement of an Accused (Oct-2013)
Discuss : Preliminary pleas that can be used to bar a trial, object a trial . Pleas on
jurisdiction, time barred trial, double jeopardy, disability of accused, estoppel, res
judicata, etc

Discuss all provision relating to charge in Code of Criminal Procedure, 1973. How
charge is framed and when court can alter it ? Explain along with Judicial decision,
(Nov-2012, Nov-2014)
Explain the process of additional or all alteration of charges. How separate
charges frame against distinct offences (Dec-2015)
What is charge ? There should be separate charge for every distinct offence.
Discuss. (Apr-2016)
Discuss provisions relating to Charge in CrPC 1973. How charge is framed and court
can alter it ? (Nov-2011)
Explain in detail the provisions of charge stated in the Code of Criminal Procedure.
(Oct-2013)
Discuss. (Apr-2016)
Discuss : Joinder/ misjoinder of charges.
Explain the process of additional or all alteration of charges. How separate charges
frame against distinct offences (Dec-2015)
Discuss : Difference between Charge and FIR.
MODULE-2 ANSWERS :
Discuss : Maintenance of Public Order & Tranquility and Powers of the police to
take preventive actions.
ANSWER :
Refer :
https://www.scribd.com/document/346578065/Maintenance-of-Public-Order-and-
Tranquillity
Intro :
The maintenance of Public Order and to ensure tranquility in the public discourse is
the primary objective of any government.
For a country to grow, develop and reach new heights of good governance, it is of
utmost importance that its government should be able to give its citizens a
peaceful and egalitarian environment.
In a situation of failure to provide the above the consequences can be dire and
unpleasant.
When the administrative machinery of a country will be unable to maintain the
public order in its civil society then it society may eventually be subjected to a

situation of chaos and panic and ultimately would be detrimental for the functioning
of the administrative machinery in the state as well as will pose a threat to the
lives of the citizens who want to live peacefully.
The legal provisions pertaining to public order and tranquillity have been primarily
enshrined in the Chapter 10 of CrPC 1973 Maintenance of Public Order and
Tranquillity.
Dispersal of assembly by use of civil force :
Sec-129 :
1) Any Executive Magistrate or office in charge of a police station or, in the
absence of such officer in charge, any police officer, not below the rank of a sub-
inspector, may command any unlawful assembly, or any assembly of five or
more persons likely to cause a disturbance of the public peace, to disperse; and
it shall thereupon be the duty of the members of such assembly to disperse
accordingly.
2) If, upon being so commanded, any such assembly does not disperse, or if,
without being so commanded, it conducts itself in such a manner as to show a
determination, not to disperse, any Executive Magistrate or police officer
referred to in Sub-Section (1), may proceed to disperse such assembly by force,
and may require the assistance of any make person, not being an officer or
member of the armed forces and acting as such, for the purpose of dispersing
such assembly, and, if necessary, arresting and confining the persons who form
part of it, in order to disperse such assembly or that they may be punished
according to law.
Section 130 Use of armed forces to disperse assembly
Section 131 Power of certain armed force officers to disperse assembly
Section 132 Protection against prosecution for acts done under preceding
sections
Section 133 Conditional order for removal of nuisance
And further the sections 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144,
144A, 145, 146, 147 and 148 deal with other provisions in CrPC.

Powers of police in maintenance of public order :
The Police force in the country is entrusted with the responsibility of maintenance
of public order and prevention and detection of crimes.
Each state and union territory of India has its own separate police force.
Article 246 of the Constitution of India designates the police as a state subject,
which means that the state governments frames the rules and regulations that
govern each police force.
These rules and regulations are contained in the police manuals of each state force.

The Police force in the state is headed by the Director General of Police/Inspector
General of Police.
Each State is divided into convenient territorial divisions called ranges and each
police range is under the administrative control of a Deputy Inspector General of
Police.
A number of districts constitute the range.
District police is further sub-divided into police divisions, circles and police-stations.
Besides the civil police, states also maintain their own armed police and have
separate intelligence branches, crime branches, etc.
Police set-up in big cities is directly under a Commissioner of Police who enjoys
magisterial powers.
All senior police posts in various states are manned by the Indian Police Services
(IPS) cadres, recruitment to which is made on all-India basis.
The Central Government maintains Central Police forces, Intelligence Bureau (IB),
Central Bureau of Investigation (CBI), institutions for training of police officers and
forensic science institutions to assist the state in gathering intelligence, in
maintaining law and order, in investigating special crime cases and in providing
training to the senior police officers of the state governments.
Constitutional validity of police powers :
The Powers of the Administration in the maintenance of the public order and
tranquillity have been specifically mentioned in both Cr.PC and the Police Act,
1861(Powers of the Police).
In Babul al Parate v state of Maharashtra AIR 1961 SC 884 Supreme Court settled
the issue of the Constitutional Validity of the Section 144. It was held that,
The power conferred by section 144 of CrPC can be exercised only in an
emergency and for the purpose of preventing obstruction, annoyance or injury to
any person lawfully employed, or danger to human life, health or safety, or a
disturbance of the public tranquillity or a riot, or an affray.
These factors condition the exercise of the power and it would consequently be
wrong to regard that power as being unlimited or untrammelled.
Further, it should be borne in mind that no one has a right to cause obstruction,
annoyance or injury etc. to anyone.
Since the judgment has to be of a Magistrate as to whether in the particular
circumstances of a case an order, in exercise of these powers, should be made
or not, we are entitled to assume that the powers will be exercised legitimately
and honestly.
The section cannot be struck down on the ground that the Magistrate may
possibly abuse his powers.
The rights guaranteed by Article 19(1)(a) and (b) are not absolute rights but are

subject to limitations specified in Article 19(2) and (3) of the Constitution.

It must be borne in mind that the provisions of section 144 are attracted only in
an emergency.
The initial judge of the emergency is, no doubt, the District Magistrate or the
Chief Presidency Magistrate or the Sub-Divisional Magistrate or any other
Magistrate specially empowered by the State Government.
Therefore, the provisions of section 144 which commit the power in this regard
to a Magistrate belonging to any of the classes referred to therein cannot be
regarded as unreasonable.

<work on this>


GO TO CONTENTS.
Write Short Note : Procedure for removal of public nuisance (Nov-2012, Nov-2014,
Dec-2015)
ANSWER :
Refer :
http://cyberadvocate.in/mod/page/view.php?id=760
https://indiankanoon.org/doc/440471/
Conditional order for removal of public nuisance :
The term 'nuisance' is not definied under CrPC.
It broadly means an act or omission which causes injury, danger or annoyance
to common public.
Eg (i) illegal parking of vehicles causing of trouble for motorists and residents, (ii)
dangerous building, tree, tank, water body etc, (iii) polluting industry.
Section 133 of the CrPC empowers a magistrate to pass an order for "removal of
nuisance''.
Thus, if citizens of a locality believe that constant dumping of debris in a nearby
nullah or an obstruction to a drain is going to result in flooding,
then they can approach a magistrate under this section to get the local
government to put an end to such a nuisance.
By resorting to this provision, citizens will not have to approach the HC by filing a
writ or a Public Interest Litigation (PIL) every time they want authorities to clean
up a drain, or any public nuisance for that matter.

On receiving a complaint, the magistrate is likely to order a preliminary inquiry and

ask the concerned authority to submit a report on the citizens' grievances.
Thereafter, he can also pass a conditional order for removal of such nuisance.
Sec-133 of CrPC is a powerful provision in hands of the people.
Magistrate may make a conditional order
requiring the person causing such obstruction or nuisance , or carrying on such
trade or occupation, or keeping any such goods or merchandise, or owning,
possessing or controlling such building, tent, structure, substance, tank, well
or excavation, or owning or possessing such animal or tree,
within a time to be fixed in the order,
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as
may be directed, such trade or occupation, or to remove such goods or
merchandise, or to regulate the keeping thereof in such manner as may be
directed; or
(iii) to prevent or stop the construction of such building, or to alter the
disposal of such substance; or
In a landmark case of the Municipal Council, Ratlam vs Shri Vardhichand & Ors,
decided by the Supreme Court,
the MC was ordered to construct drains and toilets, provide proper sanitation
and hygiene after residents filed a complaint u/s 133 of the CrPC that the stench
in their vicinity was unbearable.
The court further held that,
Wherever there is a public nuisance, the presence of Sec-133 Criminal
Procedure Code must be felt and any contrary opinion is contrary to the law.
The public power of the Magistrate under the Code is a public duty to the
members of the public who are victims of the nuisance and so he shall
exercise, it when the jurisdictional facts are present.
The Magistrate's responsibility under s. 133 Cr.P.C. is to order removal of
such nuisance within a time to be fixed in the order.
This is a public duty implicit in the public power to be exercised on behalf of
the public and pursuant to a public proceeding.
Failure to comply with the direction will be visited with a punishment
contemplated by s. 188 I.P.C.
The imperative tone of s. 133 Criminal Procedure Code read with the punitive
temper of s. 188 I.P.C. make the prohibitory act a mandatory duty.
The Criminal Procedure Code operates against statutory bodies and others
regardless of the cash in their coffers, even as human rights under Part III of
the Constitution have to be respected by the State regardless of budgetary

provision.
Write short notes : Complaint and First Information Report (FIR). (Nov-2011)
Write short note : First Information Report (Nov-2012, Nov-2014, Apr-2016)
Explain in detail : First Information Report and complaint (Oct-2013)
Explain F.I.R., and criminal complaint. (Dec-2015)
ANSWER :
Refer :
Outline :
Complaint :
Essential ingredients of a complaint :
Procedure when complaint is filed : Sections 200 to 204 :
Where Magistrate chooses to take cognizance :
Where Magistrate does not take cognizance of matter :
Sec-202 : Postponement of issue of process :
Sec-203 : Dismissal of complaint :
Sec-204 : Issue of processed :
First Information Report (FIR) :
Sec-154 : Information in cognizable cases :
Procedure :
Evidentiary Value of FIR :
Difference between FIR and Complaint :
Complaint :
Sec-2(d) :
"Complaint means any allegation made orally or in writing to a Magistrate with
a view to his taking action under this Code,
that some person known or unknown has committed an offence but does not
include police report."
Explanation :
A Report made by a Police Officer {in a case which discloses, the commission
of a non-cognizable offence}
shall be deemed to be complaint

and police officer by whom such report is made shall be deemed to be a

complainant.
In Bhimappa Basappa v. Laxman Shivarayappa, AIR 1970 SC 1153, it was
observed that
the word `complaint' has wide meaning since it includes even an oral allegation.
It may therefore be assumed that no form is prescribed which the complaint
must take.
It may only be said that there must be an allegation which prima facie discloses
the commission of offence with the necessary facts for Magistrate to take action.
Essential ingredients of a complaint :
Following are essentials for complaint :
(i) Allegation of commission of an offence.
(ii) Allegation may be made orally or written.
(iii) Allegation made to a Magistrate.
(iv) Allegation made with a view of his taking action under the Cr.P.C.
(v) Allegation may be against a person known or unknown.
(vi) It must not be a police.
But report by a police officer, which after investigation discloses commission
of non-cognizable offence shall be deemed to be complaint.
Procedure when complaint is filed : Sections 200 to 204 :
Sections 200 to 204 of CrPC lays down procedure to be adopted by magistrate
on receiving a complaint.
Sec-200 : Examination of complainant :
A Magistrate taking cognizance of an offence on complaint
shall examine upon oath the complainant and the witnesses present, if any,
and the substance of such examination shall be reduced to writing
and shall be signed by the complainant and the witnesses, and also by the
Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his
official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another
Magistrate under section 192:
Provided further that
if the Magistrate makes over the case to another Magistrate under section
192 after examining the complainant and the witnesses,

the latter Magistrate need not re-examine them.

Sec-201 : Procedure by Magistrate not competent to take cognizance :
If the complaint is made to a Magistrate who is not competent to take
cognizance of the offence he shall,
(a) If the complaint is in writing, return it for presentation to the proper
court with to that effect;
(b) If the complaint is not in writing, direct the complainant to the proper
court.
In Tula Ram v. Kishore Singh AIR 1977 SC 2401, it was held that
"After a complaint being filed Magistrate has two alternatives,
(a) Either to examine the complainant and to proceed under Chapter XV of
Code or
(b) Direct the Police to Investigate under Section 156(3) of Code, without
himself taking cognizance.
Where Magistrate chooses to take cognizance :
he has to comply with requirement of Section 200
and record the evidence of complainant and his witnesses
and then either straightaway issue the process against accused under Section
204
or he can postpone the issue of process and direct an enquiry by any other
person or an investigation by police under Section 202.
Magistrate after considering the statement of complainant and the witness or
result of enquiry or investigation
if not satisfied that there are sufficient grounds, he can dismiss the
complaint.
Where Magistrate does not take cognizance of matter :
he can refer the complaint for Police Investigation under section 156(3) and
receives report of police,
then either discharge the accused or straightaway issue the process
Sec-202 : Postponement of issue of process :
(1) Any Magistrate, on receipt of a complaint of an offence
which he is authorised to take cognizance or which has been made over to
him under section 192,
may, if he thinks fit, postpone the issue of process against the accused,
and either inquire into the case himself
or direct an investigation to be made by, a police officer or by such
other person as he thinks fit, for the purpose of deciding whether or
not there is sufficient ground for proceeding:

Sec-203 : Dismissal of complaint :

If, after considering the statements on oath (if any) of the complainant and of
the witnesses and the result of the inquiry or investigation (if any) under
section 202,
the Magistrate is of opinion that there is no sufficient ground for proceeding,
he shall dismiss the complaint, and in every such case he shall briefly record
his reasons for so doing.
In Debender Nath v. State of W.B. AIR 1972 SC 1607 Supreme Court held
order of dismissal of a complaint under Section 203 of Code has to be made on
judicially sound grounds
Sec-204 : Issue of processed :
(1) If in the opinion of a Magistrate taking cognizance of an offence there is
sufficient ground for proceeding, and the case appears to be-
(a) A summons-case,
he shall issue his summons for the attendance of the accused, or
(b) A warrant-case,
he may issue a warrant, or, if he thinks fit, a summons, for causing the
accused to be brought or to appear at a certain time before a Magistrate
having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-
section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing,
every summons or warrant issued under sub-section (1) shall be
accompanied by a copy of such complaint.
(4) When any process-fees or other fees are payable, no process shall be
issued until the fees are paid
and, if such fees are not paid within a reasonable time, the Magistrate may
dismiss the complaint.
Note : As per Sec-87, the magistrate may issue (after recording reasons in
writing) a warrant in lieu of, or in addition to, a summons.
In Pepsi Food Ltd. and others v. Special Judicial Magistrate and Other 1998
Supreme Court Cases (Cri) 1400 Supreme Court held
"Summoning of an accused in a criminal case is a serious matter. Criminal law
cannot be set into motion as a matter of course.
The order of Magistrate must reflect that he has applied his mind to facts of
case and the law applicable thereto."
First Information Report (FIR) :
The name FIR is given to

the information given by any person about a cognizable offence and recorded by
the police in accordance with Section 154.
Sec-154 : Information in cognizable cases :
(1) every information relating to the commission of a cognizable offence,
If given orally to an officer in charge of a police station, shall be reduced to
writing by him or under his direction,
and be read over to the informant;
Every such information, whether given in writing or reduced to writing as
aforesaid,
shall be signed by the person giving it,
and the substance thereof shall be entered in a book to be kept by such
officer in such form as the State Government may prescribe in this behalf.
SC in the case of State of Bombay vs Rusy Mistry, AIR 1960, defined FIR as so -
A FIR means the information,
by whomsoever given,
to the officer in charge of a police station
in relation to the commission of a cognizable offence
and which is first in point of time
and on the strength of which the investigation into that offence is commenced.
Thus, FIR is nothing but information of the nature of a complaint or accusation
about a cognizable offence given by any person to the police so that the police can
start investigation.
When a person reports any information about a cognizable offence to the police,
the police is bound to register a case and proceed with investigation.
However, for police to investigate the matter, the offence must be a cognizable
offence,
because the police is not allowed to investigate a non-cognizable offence without
an order from a magistrate.
In case of State of UP vs R K Shrivastava, 1989, SC held that,
if the allegations made in an FIR do not constitute a cognizable offence, the
criminal proceeding instituted on the basis of the FIR should be quashed.
Procedure :
Once the duty officer is certain that the offence alleged to have been
committed is a cognizable offence, he directs the complainant to put his
statement in writing.
In the presence of the complainant, the duty officer shall complete all the
columns in the FIR register with the information given by the complainant.
He shall then read out all the contents of the FIR registered to the complainant.

Once the complainant is certain that all the details have been correctly written,
he should sign the FIR.
FIR merely contains the facts of the offence as known by the informant.
The FIR is a statement by the complainant of an alleged offence.
The informant is not required to prove his allegations in any manner at the police
station.
It is the job of the police to ascertain facts, verify details and substantiate the
charges or otherwise.
However, the facts must not be vague. The facts must divulge at least some
concrete information about the offence committed.
In case of Tapinder Singh vs State, 1972, SC held that
when a telephone message did not disclose the names of the accused nor did
it disclose the commission of a cognizable offence, it cannot be called a FIR.
Sometimes multiple persons may report the same incident and in such situation the
police must use commonsense and record one statement as FIR. Usually, the
statement that contains enough information to allow the police to proceed with
investigation is recorded as FIR.
Evidentiary Value of FIR :
A FIR is not substantive evidence, ie it is not evidence of the facts which it
mentions.
However, it is very important since it conveys the earliest information about the
occurrence of an offence and,
it can be used to corroborate the information under Section 157 of Indian
Evidence Act
or to contradict him under Section 145 of Indian Evidence Act, if the informant
is called as a witness in a trial.
FIR has a better corroborative value if there is not much delay and it is recorded
before there is time and opportunity to embellish or before the memory of the
information becomes hazy.
In case of delay, there must be a reasonable cause for the delay.
In case of Harpal Singh vs State of HP, 1981, involving rape, the FIR was
registered after 10 days. It was held that
the delay was reasonable because it involved considerable matter of honor
for the family and that required time for the family to decide whether to
take the matter to court or not. As FIR can also be used in cross
examination of the informant.
However, if the FIR is made by the accused himself, it cannot be used against
him,
because of Section 25 of Evidence act which forbids any confession made to

the police to be used against the accused.

A FIR can also be used as a dying declaration under Section 32 of Indian
Evidence Act.
FIR Complaint
No legal definition. It is used in its As per Section 2(d), a complaint means

regular English meaning. any allegation made orally or in writing to
a magistrate, with a view to his taking
action under this code (CrPC), that some
person, whether known or unknown, has
committed an offence, but does not
include a police report.
No action from the magistrate is The purpose of complaint is that the

expected. magistrate takes action on it and provide
relief.
No cognizance is taken. Magistrate takes cognizance of the offence

as per Section 190.
It may include information about It is always about commission of an

commission of offences, apprehension offence.
about breach of peace, and presence
of absconder and suspected persons to
police officers or magistrate. Thus, an
information may not necessarily about
an offence.
Discuss : Investigation, Inquiry and powers of superior officers of police.

Write Short Note : Police diary of proceeding in Investigation (Nov-2012, Nov-2014,
Apr-2016)
Discuss : filing of report, Charge-sheet.
ANSWER :
Refer :
http://lawtimesjournal.in/investigation-inquiry-and-trial-an-overview/
Outline :
Investigation :
Steps of Investigation :

Police Officers Power to Investigate Cognizable Cases :

Sec-156 : Police officer's power to investigate cognizable cases :
Sec-157 : Procedure where cognizable offence suspected
Refusal of Investigation :
Powers of SUPERIOR officers of police
Sec-158 : Submission of a report under Section 157
Sec-159 : Magistrates power to hold preliminary inquiry after police report
Sec-160 : Police Officer's power to require attendance of witnesses :
Sec-161 : Examination of witness by police :
Sec-162 : Statements to police not to be signed: Use of statements in evidence :
Inquiry :
Police diary :
Filing of report :
Charge-sheet
Investigation :
Intro :
Investigation has been defined under S. 2 (h) of the Criminal Procedure Code.
Definition : Sec-2(h) : investigation includes
all the proceedings under this Code
for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is
authorised by a Magistrate in this behalf;
The officer-in-charge of a Police Station can start investigation either on
information or otherwise (Sec-157 - Procedure for investigation).
Steps of Investigation :
The investigation consists of the following steps starting from the registration of
the case :-
(i) Registration of the case as reported by the complainant u/s 154 -
Information in cognizable cases,
(ii) Proceeding to the spot and observing the scene of crime,
(iii) Ascertainment of all the facts and circumstances relating to the case
reported,
(iv) Discovery and arrest of the suspected offender(s),
(v) Collection of evidence,
in the form of oral statements of witnesses (Sec-161/162 unsigned
witness statements to police),

in the form of documents,

and seizure of material objects, articles and movable properties concerned
in the reported crime,
(vi) Conduct of searches of places and seizure of properties, etc.
(vii) Forwarding exhibits and getting reports or opinion from the scientific
experts (Sec-293 - Reports of certain Government scientific experts)
(viii) Formation of the opinion as to whether on the materials collected, there
is a case to place the accused before a magistrate for trial and if so, taking
necessary steps for filing a charge sheet, and
(ix) Submission of a Final Report to the court (Sec-173 - Report of police
officer on completion of investigation) in the form of a Charge Sheet along with
a list of documents and a Memo of Evidence against the accused person(s).
Case-laws :
In Adri Dharan Das v. State of W.B. it has been opined that :
arrest is a part of the process of investigation intended to secure several
purposes.
The accused may have to be questioned in detail regarding various facets of
motive, preparation, commission and aftermath of the crime and connection of
other persons, if any, in the crime.
In Niranjan Singh v. State of U.P. , it has been laid down that
investigation is not an inquiry or trial before the Court
and that is why the Legislature did not contemplate any irregularity in
investigation as of sufficient importance to vitiate or otherwise form any
infirmity in the inquiry or trial.
In S.N.Sharma v. Bipen Kumar Tiwari, it has been observed that
the power of police to investigate is independent of any control by the
Magistrate.
In State of Bihar v. J.A.C. Saldanha , it has been observed that
there is a clear cut and well demarcated sphere of activity in the field of crime
detection and crime punishment
and further investigation of an offence is the field exclusively reserved for the
executive in the Police Department.
Manubhai Ratilal Patel v. State of Gujarat and Others,(2013) 1 SCC 314.
The documentation for the Police investigation shall include the following
papers namely :-
(a) First Information Report (section 154 Cr.P.C.),
(b) Crime details form, (I F.2)
(c) Arrest / court surrender memo,

(d) Property seizure memo

(e) Final Report Form (section 173 Cr.P.C.)
Police Officers Power to Investigate Cognizable Cases :
Sec-156 : Police officer's power to investigate cognizable cases :
(1) Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case
which a Court having jurisdiction over the local area within the limits of such
station would have power to inquire into or try under the provisions of
Chapter XIII (jurisdiction of criminal courts).
(2) No proceeding of a police officer in any such case shall at any stage be
called in question
on the ground that the case was one which such officer was not empowered
under this section to investigate.
(3) Any Magistrate empowered under section 190 (cognizance of offence by
magistrate) may order such an investigation as above-mentioned.
THUS, Courts have no control in such cases over the investigation or over the
action of the Police in holding such investigation.
In Eastern Spinning Mills v. Rajiv Poddar, AIR 1985 SC 1668, it was observed
that
Police have a statutory right to investigate the circumstances of an alleged
cognizable crime without requiring any authority from the judicial authorities
and neither Magistrate nor even the High Court can interfere with those
statutory rights by an exercise of the inherent jurisdiction of Court.
Except in exceptional cases where non-interference would result in miscarriage
of justice, the courts should not interfere at the stage of investigation of
offences.
Difference between 202 inquiry and 156(3) inquiry :
In State of Assam v. Abdul Moor, AIR 1970 SC 1365.
u/s 156(3), a magistrate, BEFORE taking cognizance of the case, is
empowered to refer case for police investigation
u/s 202, a magistrate, AFTER taking cognizance of the case, is empowered
to refer case for police investigation
Sec-157 : Procedure where cognizable offence suspected : Section 157 provides
the manner in which investigation is to be conducted where the commission of a
cognizable offence is suspected. It lays down :-
(1) If, from information received or otherwise, an officer-in-charge of a police
station has reason to suspect the commission of a cognizable offence,
he shall forthwith send a report of the same to Magistrate empowered to

take cognizance of such offence upon a police report

and shall proceed in person, or shall depute one of his subordinate officers
not being below prescribed rank, to proceed, to the spot,
to investigate the facts and circumstances of the case,
and, if necessary, to take measures for the discovery and arrest of the
offender.
Provided that,
(a) Where local investigation dispensed with : When any information as
to commission of any such offences is given against any person by name
and the case is not of a serious nature,
the officer-in-charge of police station need not proceed in person or
depute a subordinate officer to make an investigation on the spot.
(b) Where police officer-in-charge sees no sufficient ground for
investigation : If it appears to the officer-in-charge of the police station
that there is no sufficient ground for entering on an investigation , he shall
not investigate the case.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to
Sub-section (1), officer-in-charge of the police station
shall state in his report his reasons for not fully complying with the
requirements of that Sub- section,
shall also forthwith notify to the informant, if any, the fact that he will not
investigate the case or cause it to be investigated.
Refusal of Investigation :
Under Sec-157(1)(b), following principles are laid down to guide the exercise
of discretion by Station House Officers (SHO) in the matter of refusing
investigation of the Criminal Procedure Code.
The investigation may be properly refused in the following cases :-
(a) Triviality : Trivial offences, such as are contemplated in Sec-95 of the
Indian Penal Code.
Nothing is an offence by reason that it causes or that is intended to
cause, or that it is known to be likely to cause any harm, if that harm is
so slight that no person or ordinary sense and temper would complaint of
such harm.
(b) Civil Nature : Cases clearly of civil nature or in which complainant is
obviously attempting to set the criminal law in motion to support a civil
right.
(c) Petty thefts : Cases of petty theft of property of small value,
provided that the accused person is not an old offender, nor a
professional criminal, and that the property does not consist of sheep or

goats.
(d) Injured person not wishing an inquiry : Unimportant cases in which the
person, injured does not wish inquiry,
unless (i) the crime is suspected to be the work of a professional or
habitual offender or (ii) a rowdy element (iii) the investigation appears
desirable in the interests of the Public.
(e) Undetectable simple cases : Simple cases of house-breaking or
housetrespass and petty thefts of unidentifiable property, is none of which
cases is there any clue to work upon or any practical chance of detection,
provided that there is nothing to indicate that the offence has been
committed by a professional criminal.
(f) Exaggerated assaults : Assault in cases which have been obviously
exaggerated by the addition of the other charges such as theft.
Powers of SUPERIOR officers of police : Report to be sent in case of Refusal of
Investigation :
Sec-158 : makes provisions as to the submission of a report :
(1) Every report sent to a Magistrate under Section 157 shall be submitted
through such superior officer of police as the State Government appoints
in that behalf.
(2) Such superior officer may give such instruction to the officer-in-charge of a
police station as he thinks fit,
and shall, after recording such instructions on such report transmit the
same without delay to the Magistrate.
THUS, when an investigation is refused,
at once a First Information Report need be submitted ( through superior
police officer) to the court with copies usually sent to the informant,
specifically indicating in the FIR format under column 13 ACTION TAKEN
that,
the above report reveals commission of offences under section
..,
but falling under the categories of ---> triviality or civil nature or petty theft
or injured person not wishing to have an inquiry or undetectable simple case
or exaggerated assault coupled with theft,
was registered in crime number
and investigation REFUSED.
Superior officers of police shall record, on the report, his instructions to the
SHO.
It is also stated that further report will not be submitted, under Sec-157(1)
(a)(b) & (2).

Sec-159 : Magistrates power to hold preliminary inquiry after police report u/s 157
Sec-159 : Such Magistrate, on receiving such report,
may direct an investigation,
or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to
him to proceed,
to hold a preliminary inquiry into, or otherwise to dispose of,
the case in the manner provided in the Code.
In S.N. Sharma v. Bipen Kumar Tiwari, 1970 SCC (Cri) 258, it was observed that
Section 159 is primarily meant to give the magistrate the power of directing an
investigation in cases in which the police decide not to investigate under the
proviso to Section 157(1).
Section 159 is really intended to give a limited power to Magistrate to ensure
that the Police do not refuse to investigate by abusing their power for certain
limited cases.
Sec-160 : Police Officer's power to require attendance of witnesses :
Sec-160 is meant to provide facility for the police
to obtain evidence with regard to the crime which is being investigated
and to secure attendance of person who could supply the necessary
information in regard to the commission of the offence.
Sec-160 provides that any police officer making an investigation may,
by order in writing,
require the attendance before himself of any person who appears to be
acquainted with the circumstances of the case;
and such person shall attend as so required :
Provided that no male person under the age of fifteen years or woman shall be
required to attend at any place other than the place in which such male person
or woman resides.
Sec-161 : Examination of witness by police :
The Police have the power to examine witnesses during the course of an
investigation.
Sec-161 :
(1) Any police officer making an investigation under this Chapter, or any police
officer acting on the requisition of such officer,
may examine orally any person supposed to be acquinted with the facts and
circumstances of the case.
(2) Such person shall be bound to answer truly all the questions relating to
such case put to him by such officer,
other than questions, the answers to, which would have a tendency to

expose him to a criminal charge to a penalty or forfeiture.

ie such person need not answer self-incriminating questions.
(3) The police officer may reduce into writing any statement made to him in
the course of an examination under this section;
and if he does so, he shall make a separate and true record of the
statement of each such person whose statement he records.
Sec-162 : Statements to police not to be signed: Use of statements in evidence :
Sec-162 makes provisions to keep out evidence which may have been induced
by some form of police duress.
(1) No statement, made by any person to a police officer in the course of an
investigation, under this Chapter,
shall, if reduced into writing, be signed by the person making it;
nor shall any such statement, or any record thereof
be used for any purposes
at any inquiry or trial
in respect of any offence under investigation at the time when such
statement was made.
Provided that when any witness is called for the prosecution in such inquiry
or trial
whose statement has been reduced into writing as aforesaid,
any part of his statement, if duly proved, may be used by the accused,
and with the permission of the Court, by the prosecution,
to contradict such witness;
Inquiry :
<Short note in Module-1>
Police diary :

Filing of report :

Charge-sheet :

Write short note : Search Warrant. (Nov-2014, Dec-2015, Apr-2016)

ANSWER :

Refer :
Sec-47 : Search of place entered by person sought to be arrested :
Sec-47(1) : Police can search any place to effect arrest.
If any person acting under a warrant of arrest, or any police officer having
authority to arrest,
has reason to believe that the person to be arrested has entered into, or is
within, any place,
any person residing in, or being in charge of, such place
shall, on demand of such police officer,
allow him free ingress thereto, and afford all reasonable facilities for a search
therein.
Sec-47(2) : Police can forcibly enter or break open door to search & effect arrest.
If ingress to such place cannot be obtained under sub-section (1),
it shall be lawful for a police officer to enter such place and search therein,
and in order to effect an entrance into such place,
to break open any outer or inner door or window of any house or place,
whether that of the person to be arrested or of any other person,
if after notification of his authority and purpose, and demand of admittance
duly made, he cannot otherwise obtain admittance;
Sec-51 : Search & seizure of articles of arrested person :
(1) Whenever a person is arrested by a police officer
the officer making the arrest may search such person,
and place in safe custody all articles, other, than necessary wearing-apparel,
found upon him
and where any article is seized from the arrested person,
a receipt showing the articles taken in possession by the police officer shall be
given to such person.
(2) Whenever it is necessary to cause a female to be searched ,
the search shall be made by another female with strict regard to decency.
Sec-93 : When search-warrant may be issued :
"Search Warrant" can be issued if the court has reason to believe that :
(a) A person who inspite of summons or requisition under Sections 91 and 92 of
Code, to produce a document, will not or would not produce it or
(b) Where such document or thing is not known to the Court to be in possession
of any person.
(c) Where general inspection or search is necessary.

Sec-94 : Search of place suspected to contain stolen property, forged documents :

When District Magistrate or Sub-Divisional Magistrate or Magistrate of First Class
has any information or reason to believe that any place is used for deposit or
sale of stolen property or objectionable articles
he may by warrant to authorize any police officer above the rank of constable,
to enter into such place and to search the place
and to take into possession of any such stolen property or any objectionable
article, found therein
and to convey such property or article before Magistrate.
Sec-97 : Search for persons wrongfully confined :
Sec-97 empowers any District Magistrate, Sub-Divisional Magistrate or Magistrate
of First Class
to issue search warrant if Magistrate has reason to believe that any person is
wrongfully and unlawfully confined in any place.
In V. S. Kuttar Pillai v. Ramakrishna and other AIR 1980 SC 185, it was held that
search and seizer pursuant to warrant under Section 93 obtained during
investigation is nothing but an integral step in an investigation.
Search and seized pursuant to search warrant will not have even the remotest
tendency to compel the accused to incriminate himself.
Of course issuance of search warrant is a serious matter and it would be advisable
not to dispose of an application for search warrant in a mechanical way.
Issuance of search warrant being in the discretion of Magistrate it would be
reasonable to expect of the Magistrate to give reasons which swayed his discretion
in favour of issuing search warrant.
Sec-165 : Search by police officer : Police can search any place for anything
necessary for investigation.
IF a police officer making an investigation has reason to believe that
anything necessary for the purpose of an investigation may be found in any
place within the limits of his police station
and such thing in his opinion cannot otherwise be obtained without undue delay,
such police officer after recording in writing, his grounds of belief,
search or cause the search to be made for such thing
and search shall be made in accordance with general provisions as to search
contained under Section 100 of Code.

Discuss : Trial Procedures in Criminal Cases.

Explain in detail : Further statement of an Accused (Oct-2013)
ANSWER :
Refer :

Trial Procedures in Criminal Cases :
<see Module-1>
Further statement of an Accused :

Discuss : Preliminary pleas that can be used to bar a trial, object a trial. Pleas on
jurisdiction, time barred trial, double jeopardy, disability of accused, estoppel, res
judicata, etc
ANSWER :
Refer :
https://csgautam.wordpress.com/2012/01/08/criminal-procedure-code-1973/
Preliminary plea/ objections to a trial :
When an accused appears or is brought before the court for a trial, he (or
prosecutors) may raise certain pleas or objections to avoid the trial.
Such pleas are meant to stop the trial from proceeding further and discharge the
accused.
There is no explicit direction in CrPC regarding the timing for such pleas.
Normally, such pleas are supposed to be brought forth at the beginning of a trial or
as soon as charges are framed.
List of preliminary pleas that can be raised -
1. Court without Jurisdiction - Section 26 & Section 177 to 188 :
subject matter jurisdiction
territorial jurisdiction
2. Conflicts of interest : Section 479
3. Time barred proceedings : Section 468 :
4. Double jeopardy : Art-20(2) and Sec-300 of CrPC :
5. Disabilities of the accused - Art-21 ans Section 304 :
no lawyer
minor

unsound mind
6. Issues of estoppel -
7. Issues of res judicata -
. . . etc . . .
1. Court without Jurisdiction - Section 26 AND Section 177 to 188 :
Jurisdiction of criminal courts is of two kinds.
A. Subject matter jurisdiction or competency of the court to try a specific
offence and
B. Territorial jurisdiction.
A. Subject matter jurisdiction or competency of the Court to try an offence
Section 26 read with column 6 of the first schedule determines which court can
try a given offence.
For example, offences against public tranquility can be tried by any magistrate
while the offence of counterfeiting a government stamp can be tried only by a
Court of Session.
Similarly, only the prescribed court or magistrate has the power for all the
offences defined in IPC and other laws.
Thus, any party to the proceeding can raise the plea that the court is not
competent to try the concerned offence.
Section 461 provides that
it any magistrate, who is not empowered to try an offence, tries the offender
for that offence, the proceedings shall be void.
Also, an executive magistrate has no power to conduct trial for any offence .
B. Territorial Jurisdiction -
This jurisdiction is determined according to Section 177 to 188 of CrPC.
These rules have been enacted mainly for the purpose of convenience of the
court, the investigating agency, the accused, and the victim.
The general concept is that only the court in whose territory the offence or any
part of offence has happened, can try that offence.
In simple terms, an offence committed in Mumbai cannot be tried in a court in
Delhi.
However, most case are not as simple as that.
For example, A hurts B by a knife in Dewas and B dies because of the wound
in Indore.
In this case, both the courts in Dewas and Indore have jurisdiction.
However, if the victim B lives in Bhopal and if FIR of his death is filed in
Bhopal. Can A be tried in Bhopal?

If not, and if A is tried in Bhopal, A can raise a pleas to bar the trial in
Bhopal.
Note :
Any violation of the rules of territorial jurisdiction does not ipso factor vitiate
the trial
unless it has in fact resulted in failure of justice .
However, if a plea of territorial jurisdiction is raised in the beginning of the
trial, then such objection must be sustained and the trial must be stopped. It
cannot gain legitimacy under Section 462 in that case.
2. Conflicts of interest : Section 479 :
Section 479 :
No magistrate or judge can try any case in which he is a party or in which he is
interested.
If a trial is initiated in violation of this rule, a plea can be raised in this regard.
3. Time barred proceedings : Section 467 to 473 :
Before CrPC 1973, any offence committed could be taken cognizance of after any
number of years.
This caused grave injustice to the accused or prosecution because it may happen
that important witnesses are unavailable, or important evidence is destroyed by
time.
For these reasons, CrPC 1973 has incorporated some general rules for taking
cognizance of the crimes within a specific period of their happening.
In general, the principle that offences punishable with only fine or with
imprisonment up to 3 yrs should be tried within a limited time.
The provisions regarding such limitations are contains in Section 467 to 473 and an
accused can take advantage of the appropriate section to raise the plea that the
case against him is barred by the prescribed period of limitation.
Period of limitations : Section 468 contains the basic rule which provides that
no court shall take cognizance of an offence punishable with fine only or with
imprisonment up to three yrs after the expiry of the period of limitation. The
period of limitations are -
6 months, if the offence is punishable by fine only.
1 yr, if the offence is punishable with imprisonment of a term not exceeding 1
yr.
3 yrs, if the offence is punishable with imprisonment of a term not exceeding 3
yr.
Note :
Trial of offences of serious nature, i.e. offences which entail punishment of

imprisonment of more than 3 yrs, or death, as of yet, are not barred by any time
limitation.
These provisions are subject to any other provision which might have been
created explicitly for any particular offence.
4. Double jeopardy : Art-20(2) and Sec-300 of CrPC :
Plea of autrefois acquit and autrefois convict -
This means that if the offender has already been tried for the exact same offence
before and he has been either acquitted or convict in that trial, he cannot be
tried again on that offence.
Art 20(2) of the constitution recognizes this principle as a fundamental right.
It says that no person shall be prosecuted and punished for the same offence
more than once.
Sec-300 CrPC :
While Art-20(2) gives this right only upon previous conviction, Section 300 of
CrPC fully incorporates this principle.
5. Disabilities of the accused - Art-21 & Section 304 :
Under the broad interpretation of Article 21 by Supreme Court,
an accused has a fundamental right to be represented by a legal practitioner in
his trial.
However, if he is indigent, it is the responsibility of the state to provide a lawyer for
him.
Section 304 also requires the court to assign a pleader for the accused in certain
situations.
If this is not done, a plea can be raised in this regard.
And, if the trial still proceeds, despite the objections, then the trial is deemed
to be vitiated.
Moreover, when the accused is of unsound mind and consequently incapable of
making his defence,
the code requires the court to postpone the trial until the accused has ceased to
be so. The accused can raise this plea for objecting the trial.
6. Issues of estoppel -

7. Issues of res judicata -


Discuss all provision relating to charge in Code of Criminal Procedure, 1973. How
charge is framed and when court can alter it ? Explain along with Judicial decision,
(Nov-2012, Nov-2014)
Explain the process of additional or alteration of charges. How separate charges
Discuss. (Apr-2016)
Discuss provisions relating to Charge in CrPC 1973. How charge is framed and court
can alter it ? (Nov-2011)
Explain in detail the provisions of charge stated in the Code of Criminal Procedure.
(Oct-2013)
ANSWER :
Refer :
https://www.scribd.com/document/133437200/Notes-on-Charge
Outline :
What is "Charge" ?
Sec-211-213 : Contents of a Charge :
written in the language of the court
offence with which the accused is charged
specific name, if possible. Else description
law and section of the law
Time and Place of the offence
Manner of committing the offence :
date and place of the previous, conviction
Sec-215-216 : Addition/ alteration of charge :
What is "Charge" ?
As per Wharton's law Lexicon,
Charge means to prefer an accusation against some one.
To charge a person means to accuse that person of some offence.
However, in Indian legal context, charge is not a mere accusation made by a
complainant or an informant.
A charge is a formal recognition of concrete accusations by a magistrate or a
court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie
evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he
is accused of so that he can defend himself.

A charge gives the accused accurate and precise information about the accusation
against him.
A charge is written in the language of the court.
It is a basic principle of law that when a court summons a person to face a charge,
the court must be equipped with at least prima facie material to show that the
person being charged is guilty of the offences contained in the charge.
Thus, while framing a charge, the court must apply its mind to the evidence
presented to it and must frame a charge only if it is satisfied that a case exists
against the accused.
In the case of State vs Ajit Kumar Saha 1988,
the material on record did not show a prima facie case but the charges were
still framed by the magistrate.
Since there was no application of mind by the magistrate, the order framing
the charges was set aside by the High Court.
Contents of a Charge :
According to Section 2(b) of CrPC, when a charge contains more than one heads,
the head of charges is also a charge.
Sec-211 : Contents of a Charge -
(1) Every charge under this Code shall state the offence with which the accused
is charged.
(2) If the law that creates the offence gives it any specific name,
THEN the offence may be described in the charge by that specific name only.
(3) If the law that creates the offence does not give it any specific name
THEN so much of the definition of the offence must be stated as to give the
accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every
legal condition required by law to constitute the offence charged, was fulfilled in
the particular case.
(6) The charge shall be written in the language of the court.
(7) If the accused, having been previously convicted of any offence, is liable, by
reason of such previous conviction, to enhanced punishment, or to punishment
of a different kind, for a subsequent offence,
and it is intended to prove such previous conviction for the purpose of
affecting the punishment which the court may think fit to award for the
subsequent offence,
THEN the fact date and place of the previous, conviction shall be stated in the

charge;
and if such statement has been omitted, the court may add it at any time
before sentence is passed.
Actual definitions of offences need not be given in the charge, provided, the
sections & statutes under which the offence is punishable must, in each instance,
be referred to in the charge.
Illustrations -
(a) A is charged by the court with murder, cheating, theft, extortion, adultery or
criminal intimidation, or using a false property-mark.
This is equivalent to statements,
that As acts fell within definitions of murder, cheating, theft, extortion,
adultery, criminal intimidation, and that he used a false property-mark, as
defined in statutes mentioned in the charge.
that As acts did not fall within any of the general exceptions or exceptions
specific to sections of laws;
Time and Place of the offence :
Sec-212 : The charge must also specify the essential facts such as time, place,
and person comprising the offence.
For example, if a person is charged with Murder,
the charge must specify the name of the victim and date and place of the
murder.
In case of Shashidhara Kurup vs Union of India 1994, no particulars of offence
were stated in the charge. It was held that
the particulars of offence are required to be stated in the charge so that the
accused may take appropriate defence.
where this is not done and no opportunity is afforded to the accused to defend
his case, the trial will be bad in law for being violative of the principles of natural
justice.
Exception :
It is possible that exact dates may not be known. In such cases, the charge
must specify information that is reasonably sufficient to give the accused the
notice of the matter with which he is charged.
Manner of committing the offence :
Sec-213 :
When the nature of the case is such that the particulars mentioned in sections
211 and 212 do not give accused sufficient notice of the matter with which he is
charged,
THEN the charge shall also contain such particulars of the manner is which the

alleged offence was committed as will be sufficient for that Purpose.

Illustrations -
(a) A is accused of the theft of a certain article at a certain time and place,
here the charge need not set out the manner in which the theft was effected
(b) A is accused of cheating B at a given time and place.
here the charge must be set out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place.
here the charge must set out that portion of the evidence given by A which is
alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge or his public
functions at a given time and place.
here the charge must set out the manner obstructed B in the discharge of his
functions.
(e) A is accused of the murder of B at a given time and place.
here the charge need not state the manner in which A murdered B.
Addition/ alteration of charge :
Effects of errors in a Charge :
In general, an error in a Charge is not material unless it can be shown that the
error misled the accused or that the error caused injustice.
Sec-215 :
"No error in stating either the offence or the particulars required to be stated in
the charge,
and no omission to state the offence
shall be regarded at any stage of the case as material,
unless the accused was in fact misled by such error or omission, and it has
occasioned a failure of justice."
When the accused in not misled, the error is not material .
In the case of Rawalpenta Venkalu vs State of Hyderabad, 1956, the charge failed
to mention the Section number 34 of IPC but the description of the offence was
mentioned clearly.
SC held that the the section number was only of academic significance and the
omission was immaterial.
Further, Section 216 allows the court to alter the charge anytime before the
judgement is pronounced.
Section 216 : Addition/ alteration of charge :
(1) Any court may alter or add to any charge at any time before judgment is
pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately
with the trial is not likely to prejudice the accused in his defence or the
prosecutor in the conduct of the case
the court may, in its discretion, after such alteration or addition has been
made, proceed with the trial as if the altered or added charge had been the
original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial
is likely to prejudice the accused or the prosecutor as aforesaid,
the court may either direct a new trial or adjourn the trial for such period as
may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution
of which previous sanction is necessary,
the case shall not be proceeded with until such sanction is obtained, unless
sanction had been already obtained for a prosecution on the same facts as
those on which the altered or added charge is founded.
Thus, even if there is an error in a charge, it can be corrected at a later stage.
An error in a charge is not important as long as the accused in not prejudiced and
principles of natural justice are not violated.
Illustrations:
(a) A is charged with cheating B, and the manner in which he cheated B is not
set out in the charge.
There were many transactions between A and B, and A had no means of
knowing to which of them the charge referred, and offered no defence.
Here, the court may infer from such facts that the omission to set out the
manner of cheating was a material error.
(b) A is charged with the murder of Khoda Baksh on the 21st January 1882. In
fact, the murdered person's name was Haidar Baksh, and the date of the murder
was the 20th January 1882.
A was never charged with any murder but one, and had heard the inquiry
before the Magistrate, which referred exclusively to the case of Haidar Baksh.
The court may infer from these facts that A was not misled, and that the error
in the charge was immaterial.
(c) A was charged with murdering Haidar Baksh on the 20 th January 1882, and
Khoda Baksh (who tried to arrest him for that murder) on the 21 st January 1882.
When charged for the murder of Haidar Baksh, he was tried for the murder of
Khoda Baksh.
The witnesses present in his defence were witnesses in the case of Haidar
Baksh.

The court may infer from this that A was misled, and that the error was
material.
Section 464 further provides that an order, sentence, or finding of a court
will not be deemed invalid merely on the ground that no charge was framed or
on the ground of any error, omission or irregularity in the charge including any
misjoinder of charges,
unless in the opinion of the court, a failure of justice has in fact happened
because of it.
Note :
If a court of appeal, confirmation, or revision find that a failure of justice has
indeed happened,
in case of omission, it may order that a charge be immediately framed and
that the trial be recommenced from the point immediately after the framing of
the charge,
and in case of error, omission, or irregularity in the charge, it may order new
trial to be held upon a charge framed in whatever manner it thinks fit.
As is evident, the object of these sections is to prevent failure of justice where
there has been only technical breach of rules that does not affect the root of the
case as such.
In the case of Kailash Gir vs V K Khare, Food Inspector, 1981,
held that whatever be the irregularity in framing the charge, it is not fatal unless
there is prejudice caused to the accused.
Discuss. (Apr-2016)
Discuss : Joinder/ misjoinder of charges.
Explain the process of additional or all alteration of charges. How separate charges
ANSWER :
Refer :
http://hanumant.com/CrPC-Unit8-Charge.html
Outline :
Need for separate charges for distinct offences :
Sec-218 : separate charge for every distinct offence
Object of 218 : not to frustrate defence
Meaning of separate charges

Sec-219-223 : Exceptions to principle of separate charges for distinct offences

Three offences of the same kind within a year -
Offences committed in the course of same transaction
Offences of criminal breach of trust or dishonest misappropriation of property
Same act falling under different definitions of offences -
Where it is doubtful what offence has been committed -
Certain persons may be charged jointly -
Need for separate charges for distinct offences :
The basic requirement in conducting a fair trial in criminal cases is a precise
statement of the charges of the accused.
This requirement is ensured by CrPC through Sections 211 to 214, which define
the contents of a charge.
Precise formulation of charges will amount to nothing if numerous unconnected
charges are clubbed together and tried together.
Hence, Section 218 enunciates the basic principle that
for every distinct offence there should be a separate charge
and that every such charge must be tried separately.
Section 218 :
(1) For every distinct offence of which any person is accused,
there shall be a separate charge and every such charge shall be tried
separately:
Provided that where the accused person, by an application in writing, so desires
and the Magistrate is of opinion that such person is not likely to be prejudiced
thereby
the Magistrate may try together all or any number of the charges framed
against such person.
Section 464 :
An order, sentence, or finding of a court
will not be deemed invalid merely on the ground that no charge was framed
or on the ground of any error, omission or irregularity in the charge
including any misjoinder of charges,
unless in the opinion of the court of appeal, confirmation, or revision, a failure
of justice has in fact happened because of it.
Illustration :
A is accused of a theft on one occasion, and of causing grievous hurt on another
occasion.
here A must be separately charged and separately tried for the theft and

causing grievous hurt.

The object of Section 218 :
The object of Section 218 is
to save the accused from being frustrated in his defense if
distinct offences are lumped together in one charge
or in multiple charges but tried in the same trial.
the court may become prejudiced against the accused if he were tried in one
trial for multiple charges resting on different evidence since it might be difficult
for the court not get influenced on one charge by evidence against him on other
charges.
Meaning of distinct offences :
Section 218 uses the phrase "distinct offences", it does not say "every offence" or
"each offence".
Two offences are distinct if they are not identical and are not in any way
interrelated.
A distinct offence may be distinguished from other offences
by difference in time or place of commitment,
by victims of the offence,
or by difference in the sections of the law which make the acts as offence.
In Banwarilal Jhunjhunwala vs Union of India AIR 1963, held that
"distinct offence" is different from "every offence" and "each offence".
Separate charge is required for distinct offence and not necessarily for every
offence or each offence.
Exceptions to principle of separate charges for distinct offences :
Strict observance to Section 218 will lead to multiplicity of trials, which is also not
desirable.
Therefore sections 219 to 223 provide certain exceptions to this basic rule.
List of exceptions :
Exception 1 : Section 219 : Three offences of the same kind within a year -
Exception 2 : Section 220(1) : Offences committed in the course of same
transaction -
Exception 3 : Section 220(2) : Offences of criminal breach of trust or dishonest
misappropriation of property and their companion offences of falsification of
accounts -
Exception 4 : Section 220(3) : Same act falling under different definitions of
offences -
Exception 5 : Section 220(4) : Acts forming an offence, also constituting

different offences when taken separately or in groups -

Exception 6 : Section 221 : Where it is doubtful what offence has been
committed -
Exception 7 : Section 223 : Certain persons may be charged jointly -
Exception 1 : Section 219 : Three offences of the same kind within a year -
Section 219 :
When a person is accused of more than one offences of the same kind within a
span of twelve months,
he may be charged and tried at one trial for any number of such offences
not exceeding three.
For example, if a person is accused of theft in three different homes in the span
12 months, he can be charged with all the three at once and tried at the same
trial.
The period of 12 months is counted from the occurrence of the first offence up to
the last offence.
An offence is considered to be of the same kind
if it is punishable by the same amount of punishment under the same section
of IPC or of the local or special law.
Further, if the attempt to commit an offence is an offence, then it is considered
an offence of the same kind for the purpose of this section.
Exception 2 : Section 220(1) : Offences committed in the course of same
transaction -
Section 220(1) :
If a person commits multiple offences in a series of acts that constitutes one
transaction,
he may be charged with and tried in one trial for every such offence.
The code does not define the meaning of the term transaction.
It is well accepted that a precise definition of transaction is not possible and
even Supreme Court has not attempted to define it.
In case of State of AP vs Cheemalapati Ganeshwara Rao, AIR 1963,
SC observed that, it would always be difficult to define precisely what the
expression means. Whether a transaction is to be regarded as same would
depend upon the facts of each case. But is is generally thought that
where their is proximity of time, place, or unity of purpose and design or
continuity of action in a series of acts, it may be possible that they form part
of the same transaction.
It is however not necessary that every one of these elements should coexist
for considering the acts as part of the same transaction.

For example, A commits house-breaking by day with intent to commit adultery,

and commits in the house so entered, adultery with B's wife.
Here, A may be separately charged with, and convicted of, offences under
section 454 (Lurking house trespass or house breaking with an intention to
commit offence punishable with imprisonment) and
Section 497 (Adultery) of the Indian Penal Code.
Exception 3 : Section 220(2) : Offences of criminal breach of trust or dishonest
misappropriation of property and their companion offences of falsification of
accounts -
Section 220(2) :
Usually the offence of criminal breach of trust or dishonest misappropriation of
property is committed with the help of offence of falsification of accounts to
conceal the main offence.
This section allows such offences to be charged with and tried at one trial.
Exception 4 : Section 220(3) : Same act falling under different definitions of
offences -
Section 220(3) :
If an act constitutes an offence under two or more separate definitions of any
law in force,
the person may be charged with and tried at one trial for each of the
offences.
For example, A wrongfully strikes B with a cane.
This act constitutes an offence as per Section 323 (Voluntarily causing hurt) as
well as Section 252 (Assult or criminal force other than on grave provocation).
Thus, the person may be charged with both and tried for both the offences at
the same trial.
Exception 5 : Section 220(4) - Acts forming an offence, also constituting
different offences when taken separately or in groups -
Section 220(4) :
When several acts together constitute an offence and those acts, which taken
individually or in groups, also constitute another offence or offences,
THEN the person committing those acts may be be charged with and tried at
one trial.
For example, A commits robbery on B, and in doing so voluntarily causes hurt to
him.
A may be separately charged, with and convicted of offences under sections
323 (Voluntarily causing hurt),
392 (Robbery) and

394 (Voluntarily causing hurt while committing robbery) of the Indian Penal
Code.
A may be tried at single trial.
Exception 6 : Section 221 - Where it is doubtful what offence has been
committed -
Section 221 :
If a single act or a series of acts is of such nature that it is doubtful which of
the several offences the facts of the case will constitute,
THEN the accused may be charged with having committed all or any of such
offences and all or any of such charges may be tried at once.
When a person is charged with an offence but according to evidence it appears
that he committed another offence,
he may be convicted of the offence which he is shown to have committed
even if he is not charged with that offence.
For example, A is accused of an act which may amount to theft, or receiving
stolen property, or criminal breach of trust or cheating.
A may be charged with theft, and receiving stolen property, and criminal
breach of trust and cheating,
or A may be charged with having committed theft, or receiving stolen property
or criminal breach of trust or cheating.
Further, in the same case mentioned, lets say, A is only charged with theft and
it appears that he committed the offence of criminal breach of trust, or that of
receiving stolen goods.
He may be convicted of criminal breach of trust of receiving stolen goods
(as the case may be) though he was not charged with such offence.
For example, A states on oath before the Magistrate that he saw B hit C with a
club. Before the Sessions Court A states on oath that B never hit C.
Here, A may be charged in the alternative and convicted of intentionally giving
false evidence, although it cannot to be proved which of these contradictory
statements was false.
Exception 7 : Section 223 - Certain persons may be charged jointly -
Section 223 : The following persons may be charged and tried together,
namely:-
(a) persons accused of the same offence committed in the course of the same
transaction;
(b) persons accused of an offence and persons accused of abatement of, or
attempt to commit, such offence;
(c) persons accused of more than one offence of the same kind, within the
meaning of section 219 committed by them jointly within the period of twelve

months;
(d) persons accused of different offences committed in the course of the same
transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or
criminal misappropriation,
and persons accused of receiving or retaining, or assisting in the disposal or
concealment of, property possession of which is alleged to have been
transferred by any such offence committed by the first-named persons,
or of abatement of or attempting to commit any such last-named offence;
(f) persons accused of offences under sections 411 and 414 of the Indian Penal
Code (45 of 1860)
or either of those sections in respect of stolen property the possession of
which has been transferred by one offence;
(g) persons accused of any offence under Chapter XII of the Indian Penal Code
(45 of 1860) relating to counterfeit coin
and persons accused of any other offence under the said Chapter relating to
the same coin,
or of abatement of or attempting to commit any such offence;
and the provisions contained in the former part of this Chapter shall, so
far as may be, apply to all such charges :
Provided that where a number of persons are charged with separate offences
and such persons do not fall within any of the categories specified in this section,
THEN the Magistrate may, if such persons by an application in writing, so
desire, and if he is satisfied that such persons would not be prejudicially
affected thereby, and it is expedient so to do, try all such persons together.
Discuss : Difference between Charge and FIR.

ANSWER :
Refer :
https://www.scribd.com/document/133437200/Notes-on-Charge
Difference between Charge and FIR
What is FIR ?
A First Information Report is a description of the situation and the act that
constitutes a cognizable offence as given to the officer-in-charge of a police station
by any person.
The objective of the FIR is to put the police in motion for investigating the

occurrence of an act, which could potentially be a cognizable offence.

Such information is signed by the person giving the information.
If the information is given orally, it is reduced in writing by the officer in charge ,
read over to the informant, and then signed by that person.
The substance of this information is also entered into a register which is maintained
by the officer.
This is the first time when an event is brought to the attention of the police.
An FIR is a mere allegation of the happening of a cognizable offence by any person.
It provides a description of an event but it is not necessarily provide complete
evidence.
No judicial mind has to be applied while writing the FIR.
Upon receipt of an FIR, the police investigates the issue, collects relevant evidence,
and if necessary, places the evidence before a magistrate.
Based on these preliminary findings of the police, the magistrate then formally
prepares charges, with which the perpetrator is charged.
What is Charge ?
<read elsewhere in this document>
Difference between FIR and Charge :
An FIR is one path that leads to a Charge.
An FIR is vague in terms of the offences
Charge is a precise formulation of the offences committed.
An FIR is a description of an event,
a Charge is a description of the offences committed in that event.
An FIR may or may not name an offender
a charge is always against a person.
An FIR is always of a cognizable offence,
a charge may also include a non-cognizable offence.

Module-3 :
3) Trial Procedure in Criminal Cases & its General Provisions :
3.1) Criminal Trials :
3.1.1) Trial before the Court of Session
3.1.2) Warrant Trial Cases by Magistrates - procedure
3.1.3) Summons Trial Cases by Magistrates - Procedure
3.1.4) Summary Trials
3.1.5) Distinction: Discharge, Acquittal and Conviction
3.2) Plea Bargaining procedure
3.3) General Provisions relating to Inquiries and Trials :
3.3.1) Person once convicted/acquitted, not to be tried for same offence
3.3.2) Public Prosecutors, Legal Aid to accused, Tender of Pardon to
accomplice, Compounding of Offences and other provisions
3.4) Provisions as to accused persons of unsound mind
3.5) Provisions relating to judgment
3.6) Submission of Death Sentence for confirmation
Discuss the procedure in a trial of session case before a Court of Session, keeping in
mind the various stages of proceedings. (Nov-2011, Nov-2012)
Explain in detail the procedure in a trial before a court of session keeping in mind the
various stages of proceedings. (Oct-2013)
Discuss the procedure in a trial of session court after committal the criminal case
to Session Court. (Nov-2014)
Discuss the procedure in a trial of sessions case before a Court of session. (Apr-2016)
What is warrant case ? Explain in detail the trial of warrant case and summons case
and distinguish between them. (Nov-2011, Nov-2012)
What is a warrant case ? What are the types of warrant case ? Discuss in detail the
trial of warrant case. (Apr-2016)
Explain in detail the provisions of the "Trial of Summons cases as Well as Warrant
cases stated in the Cr. P.C. (Oct-2013)
Write short note : Summons case and Warrant case. (Nov-2014)

Discuss : Summons trial cases & warrant trial cases under the provision of Cr. IPC
(Dec-2015)
Write Short Note : Summons case and summary case (Nov-2012, Nov-2014, Apr-
2016).
Distinguish : Discharge, Acquittal and Conviction.
Explain in detail : Concept of Plea - Bargaining (Oct-2013)
Explain : Person once convicted or acquitted, not to be tried for same offence
under Cr.P.C. (Dec-2015)
The judicial procedure cannot be re-initiated against the person who has been
sentenced or acquitted. Explain. (Apr-2016)
Write short note : Public Prosecutor (Nov-2012, Nov-2014, Dec-2015, Apr-2016)
Write short notes : Legal aid to an accused at State expenses. (Nov-2011)
Write Short Note : Legal Aid to accused (Nov-2012)
Write short note : Legal aid to accused at Govt. expense (Nov-2014, Dec-2015, Apr-
2016)
Write short notes : Tender of Pardon to an accomplice. (Nov-2011, Nov-2012, Nov-
2014)
Write short note : An approver (Nov-2014, Dec-2015, Apr-2016)
Write short notes : Compoundable and non-compoundable offence. (Nov-2011)
Discuss the provisions of accused persons of unsound mind under CRPC. (Dec-2015)
Discuss : Provisions relating to judgment and Submission of Death Sentence for
confirmation.
MODULE-3 ANSWERS :
Discuss the procedure in a trial of session case before a Court of Session, keeping in
mind the various stages of proceedings. (Nov-2011, Nov-2012)
Explain in detail the procedure in a trial before a court of session keeping in mind the
various stages of proceedings. (Oct-2013)
Discuss the procedure in a trial of session court after committal the criminal case
to Session Court. (Nov-2014)
Discuss the procedure in a trial of sessions case before a Court of session. (Apr-2016)
ANSWER :
Refer :
http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-trial-before-sessions-

court.html
http://www.legalservicesindia.com/article/article/criminal-trial-important-points-
1646-1.html
https://saralkanoon.wordpress.com/2016/01/31/process-of-trial-of-criminal-cases-
in-india/
https://www.slideshare.net/AnamikaSharma95/warrant-trial-in-india
<for a short note and FLOW CHART, search stages of trial in this doc>
Outline : [Sec-225 to Sec-237]
1. Committal the criminal case to Session Court
2. Opening of case by Prosecution : [Sections 225 & 226].
3. Discharge of accused : [Section 227]
4. Framing of charges : [Section 228]
5. Plea of guilt : [Section 229]
6. Evidence of Prosecution : [Section 230]
7. Prosecution witness examination :
8. Prosecution : Oral arguments and memorandum of arguments : Section 314:
9. Examination of accused : [Section 313]
10. Acquittal of accused : [Section 232]
11. Evidence of accused : [Section 233]
12. Application, if any, by accused to compel production of any witnesses and/or
any documents : [Section 233]
13. Oral arguments : [Section 234, 314]
14. Judgment of acquittal or conviction : [Section 235(1)]
15. Pre-sentence hearing : Section 235(2):
16. Cases involving previous conviction of the accused : [Section 236]
17. Consideration of release of convict on probation of good conduct or after
admonition : [Section 235(2), Section 360]
18. Judgment : [Section 353]
Detailed notes : Sessions Case : Trial Procedure :
Intro :
Sessions Court is the court that deals with such criminal cases at a district level
which are more serious of the warrant cases.
It cannot take cognizance directly of any offense except in cases of defamation as
given u/s 199 of CrPC.
In rest other, a competent magistrate takes cognizance and commits the case to
the sessions court for trial.

Chapter-XVIII, Sec.225-237 of the Code of Criminal Procedure, 1973

substantially deals with the procedure for trial before a Sessions Court.
Procedure in a trial of sessions case is explained in various smaller segments
below.
1. Committal the criminal case to Session Court :
Sec-209 : Commitment of case to Court of Session when offence is triable
exclusively by it :
When in a case instituted on a police report or otherwise,
the accused appears or is brought before the Magistrate, and it appears to the
Magistrate that the offence is triable exclusively by the Court of Session,
he shall commit (transfer), the case to the Court of Session, subject to
compliance of sections 207 or 208, as may be applicable.
2. Opening of case by Prosecution : [Sections 225 & 226].
At the first hearing of the trial, the Public Prosecutor would open the case by
spelling out the charges against the accused persons,
and would also spells out the nature of evidence the prosecution has in support
of the charges.
It is the duty of the court to provide accused with all the necessary copies of
prosecution documents for their perusal.
One thing to note here is that,
prosecution is not under any duty to make the accused be present and hence his
absence will not lead to his acquittal.
It is the duty of the court to secure presence of accused.
3. Discharge of accused : [Section 227]
The Sessions Judge would peruse the Record;
hear the submissions of Prosecution as well as of the accused;
and thereafter would form an opinion as to whether there are sufficient evidence
and material before the Court to proceed against the accused;
And if the Judge holds the prima facie view that the accused has committed the
offence, it would proceed to frame charges;
ELSE in the event the Judge forms an opinion that there are no sufficient
evidence and material before the Court to proceed against the accused,
it would discharge the accused and would record reasons in support of its such
view.
The accused may also prefer a discharge Application u/s 227 before the Court,
primarily on the grounds that,
(a) there are no material or evidences against the accused to proceed against
him;

or (b) that acts and omissions attributed towards the accused does not
constitute any offence.
http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-discharge-of-
accused.html
4. Framing of charges : [Section 228]
In case, if it appears to the Judge that the offence is not exclusively triable by
Court of Sessions,
it would frame the charges and transfer the case to Chief Judicial Magistrate or
to Judicial Magistrate of the First Class
and would direct the accused to appear before that Court.
In case, the case is to be exclusively triable by the Court of Sessions,
the charges so framed would be read out and explained to the accused person;
and would call upon the accused as whether he pleads guilty of the offence
charged or claims to be tried.
http://thepracticeoflawjalan.blogspot.in/2015/02/s-211-to-224-framing-of-
charges.html
Sec-228(1) and Sec-227 ensure that no frivolous accusation is made or that no
trial takes place without any material.
Sec.227 and 228 are inter-related since the principles that are to be followed u/s
227 to discharge an accused can also be made applicable to the framing of
charges.
5. Plea of guilt : [Section 229]
If the accused pleads guilty, the Judge would record his plea and may in its
discretion convict the accused.
Accused can be convicted based on plea of guilt,
except in cases where the offense in question is punishable by death or life
imprisonment where there is a form of reluctance to convict based on such plea.
If a conviction is done, then any right of appeal against such conviction stands
curtailed. Hence, for conviction on the basis of such plea, it is held by the Hon`ble
Supreme Court to be essential that the accused be confronted with the substance
of allegations against him.
6. Evidence of Prosecution : [Section 230]
In case the accused claims to be tried or plea of guilt is not accepted,
the Judge would fix the date for the examination of the witnesses of the
Prosecution;
and where the Prosecution makes any Application for issuance of Summons for
the attendance of any Witness, the Judge may issue such Summons.
7. Prosecution witness examination :

On the date so fixed, the Judge would proceed to take all such evidence of all
prosecution witnesses.
The Judge may defer the cross-examination of any witness until any other witness
or witnesses have been examined or recall any witness for further cross-
examination.
Instructions for leading Oral and documentary evidence : http://commonlaw-
sandeep.blogspot.in/2016/03/leading-evidence-during-trial.html
8. Prosecution : Oral arguments and memorandum of arguments : Section 314:
The Prosecution, after the conclusion of their evidence, is entitled to offer oral
arguments in respect of their whole case;
And may also submit a written arguments setting forth concisely and under distinct
headings, the arguments in support of their case.
Such written submission forms part of the record.
No adjournment of the proceedings shall be granted for the purpose of filing the
written submissions unless the Court, for reasons to be recorded in writing,
considers it necessary to grant such adjournment.
The Court may, if it is of opinion that the oral arguments are not concise or
relevant, regulate such arguments.
A copy of every such submission should be furnished to the opposite party.
9. Examination of accused : [Section 313]
After taking evidence of all prosecution witnesses,
by reason of mandate of section 313 of CrPC, 1973,
the Judge would bring to the notice of the accused, all the evidence which has
come against him
and would call upon the accused as what he has to say on those evidences.
Such recording of statement of accused u/s 313 is not on oath.
The accused may also submit a written submission in this behalf.
It is extremely important to bear in mind that whilst examination of accused
under this section,
all the evidences led by the prosecution must be brought to the knowledge of
the accused.
If any of the evidence was omitted to be brought to his knowledge, the said
evidence cannot be relied upon by the Court whilst recording his findings and
passing order of conviction.
10. Acquittal of accused : [Section 232]
The Judge then would hear the Prosecution as well as the accused; and thereafter
if the Judge comes to the conclusion that there are no evidence against the
accused that he has committed the offence, the Judge would acquit him.

11. Evidence of accused : [Section 233]

If the Judge does not acquit the accused person u/s 232, then it would call upon
the accused person to state his defense, if he has any and if he so wishes.
The accused may also submit a written submission in this behalf, and such written
submission is then filed in the Record.
12. Application, if any, by accused to compel production of any witnesses and/or any
documents : [Section 233]
If the accused makes any Application
for issuance of Summons for the attendance of any Witness,
or for the production of any document or thing,
the Judge would issue such Summons, unless the Judge is of the view that such
Application is made for the purpose of vexation or to delay the trial or to defeat
the ends of justice.
The Judge in such circumstances may refuse to issue any such Summons and
would record reasons for the same.
13. Oral arguments : [Section 234, 314]
After the examination and cross examination of defense witnesses, if there were
any,
the Prosecution would summarize the whole case
and the accused would also make his submission in that behalf,
and they may also submit written arguments setting forth concisely and under
distinct headings, the arguments in support of their case
and such written submission would forms part of the record.
Where if any point of law is raised by the accused, the Prosecution, with the
permission of the Judge, may address the Judge on that point of law.
No adjournment of the proceedings shall be granted for the purpose of filing the
written arguments unless the Court, for reasons to be recorded in writing,
considers it necessary to grant such adjournment.
The Court may, if it is of opinion that the oral arguments are not concise or
relevant, regulate such arguments.
A copy of every such submission should be furnished to the opposite party.
14. Judgment of acquittal or conviction : [Section 235(1)]
After hearing the arguments of Prosecution as well as of the accused, the Judge
would pass a Judgment of conviction or acquittal.
15. Pre-sentence hearing : Section 235(2):
If the accused is convicted, the Judge would hear the accused on the question of
sentence, and then pass sentence on him according to law.
16. Cases involving previous conviction of the accused : [Section 236]

In a case (i) a previous conviction is charged under the provisions of Section

211(7), and (ii) the accused does not admit that he has been previously convicted
as alleged in the charge,
the Judge may, after he has convicted the said accused under section 229 (plea
of guilt) or section 235 (judgment),
take evidence in respect of the alleged previous conviction, and shall record a
finding thereon.
17. Consideration of release of convict on probation of good conduct or after
admonition : [Section 235(2), Section 360]
In cases of such first time offenders, or juveniles, or woman convicts who meet
prescribed (Sec-360) conditions,
IF it appears to the court that, in view of convicts age, character or antecedents
and the circumstances under which the offence was committed,
it is expedient to release the offender, either on probation of good conduct, or
after admonition,
then the court may, instead of sentencing him at once to any punishment,
release him on probation of good conduct or after admonition.
18. Judgment : [Section 353]
<Also discussed elsewhere in this doc>
This the last stage of sessions trial. The court has to pass the judgment in
accordance with Sections 353 and 354 of the Code.
If the judgment is one of conviction and the judge does not proceed to invoke the
benevolent provision of the Probation of Offenders Act, 1958, Judge shall hear the
accused on the question of sentence and then pass a sentence in accordance with
law.

GO TO CONTENTS.
What is warrant case ? Explain in detail the trial of warrant case and summons case
and distinguish between them. (Nov-2011, Nov-2012)
What is a warrant case ? What are the types of warrant case ? Discuss in detail the
trial of warrant case. (Apr-2016)
Explain in detail the provisions of the "Trial of Summons cases as Well as Warrant
cases stated in the Cr.P.C. (Oct-2013)
Write short note : Summons case and Warrant case. (Nov-2014)
Discuss : Summons trial cases & warrant trial cases under the provision of Cr. IPC

(Dec-2015)
ANSWER :
Refer :
https://www.legalbites.in/crpc-notes-trial-in-summons-cases/
http://dpsalegal.com/summons-case-warrant-case/
Warrant Case : Trial Procedure :
Intro
Meaning of warrant case :
A. Trial of warrant case instituted on police report :
1. Sec-238 : Ensure compliance of Sec-207 : Supply of police repo to
accused :
2. Sec-239 : Decide if charges are groundless : examine accused, police report
:
3. Sec-240 : Framing of charges : Confirm jurisdiction of the court :
4. : Sec-240(2) : Explain charges to accused :
5. Sec-241 : Record plea of guilt and decide conviction, if any :
6. Sec-242 : Fix examination of prosecution witnesses :
7. Sec-243 : Written statement on defence : Production of witnesses &
documents :
8. Sec-248 : Judgment : Acquittal or Conviction : Previous conviction :
Sentence hearing : Probation :
B. Procedure of trial of warrant case instituted on complaint :
1. Sec-244 : Hear prosecution : Evaluate evidence, evidences :
2. Sec-245 : Decide if case is made out : Else discharge :
4. Sec-246(2) : Explain charges to accused :
5. Sec-246(3) :Record plea of guilt and decide conviction, if any :
6. Sec-246(4) : Cross-examination of prosecution witnesses :
documents :
8. Sec-246 : Judgment : Acquittal or Conviction : Previous conviction :
Sentence hearing : Probation :
Difference between warrant trial instituted on (i) police report and (ii)

complaint :
Cases instituted on police report, Sec-238 to 243 & Sec-248.
Cases instituted on complaint, Sec-244 to 247 & Sec-248.
1. Sec-249 : IF complainant is absent AND [offence is compoundable or non-
cognizable] THEN discharge :
2. Sec-250 : Compensation for accusation without reasonable cause :
Intro :
The procedure for the trial for warrant cases is dealt with in Ch-19 of CrPC.
Sections 238 to 243 provide procedure in respect of trial of Warrant Cases,
instituted on Police Report
Sections 244 to 247 deal with procedure of Warrant cases instituted on
complaint, and
Sections 248 to 250 deal with the conclusion of warrant case trial.
Meaning of warrant case :
Sec-2(x) :
Warrant case means a case relating to an offence,
punishable with the death, imprisonment for life or imprisonment for term
exceeding 2 years.
A. Trial of warrant case instituted on police report :
In trial of warrant cases instituted on police report, the Magistrate has to follow
the procedure specified in Sections 238 to 243 and Section 248 of the Code.
1. Sec-238 : Ensure compliance of Sec-207 : Supply of police repo to accused :
According to Section 238,
when accused appears or is brought before Magistrate for trial, the
Magistrate shall satisfy himself that he has complied with provisions of
Section 207 of Code
i.e. accused has been supplied with copies of police report and other
documents.
2. Sec-239 : Decide if charges are groundless : examine accused, police report :
The next stage for the Magistrate, as provided by Section 239, shall be
to consider all the documents placed before him under Section 173
and if after
making such examination, if any, of the accused as he considers
necessary
and giving the prosecution an opportunity of being heard,
he considers the charge to be groundless, he shall discharge the accused
and record his reasons for doing so.

In Kanti Bhadra Shah and Other v. State of W.B. AIR 2000 SC 522, Supreme
Court has held that
"If the trial court decides to frame charges there is no legal requirement
that he should pass an order specifying the reasons as to why he opts to do
so.
Framing of charge itself prima facie shows that trial Judge has formed the
opinion upon considering the police report and other documents and after
hearing both the parties that there is ground for presuming that accused
has committed the offence.
It is only where Magistrate decides to discharge the Accused under Section
239 of Code or under Section 245, he is obliged to record his reasons for
discharging the accused.
As laid down by Section 240, if there is ground for presuming that the accused
has committed an offence,
the Magistrate shall frame a charge against the accused if the following
conditions are satisfied:
(a) the offence is triable as a warrant case,
(b) it is triable by him, and
(c) he can adequately punish the accused.
4. : Sec-240(2) : Explain charges to accused :
Section 240(2) provides that
the charge shall then be read and explained to the accused
and he shall be asked whether he pleads guilty or claims to be tried.
5. Sec-241 : Record plea of guilt and decide conviction, if any :
Under Section 241 the Magistrate has a discretion to convict an accused who
pleads guilty.
The plea of guilty must be clear and unambiguous and must be recorded as
nearly as possible in the very words of the accused.
The recording of the plea of guilty is mandatory.
Conviction based on the alleged plea of guilty
without specifically recording it
invalidates the trial and the conviction based thereon.
6. Sec-242 : Fix examination of prosecution witnesses :
Section 242 lays down that if the accused
(i) refuses to plead, or
(ii) does not plead guilty, or

(iii) claims to be tried, or

(iv) the Magistrate does not convict him on his plea of guilty, a date shall be
fixed for the examination of the witnesses.
The Magistrate may, on an application of the prosecution,
issue summons to any prosecution witness to attend or produce any
document or thing.
On such date the Magistrate shall proceed to take all such evidence as may be
produced in support of the prosecution;
he may permit the cross-examination of any witness to be deferred until
any other witness or witnesses have been examined or recall any witness
for further examination.
documents :
The accused shall then, under Section 243,
enter upon his defence and the written statement, if any, shall be filed with
the record.
After entering upon defence if the accused applies for
the issue of process for the attendance of any witnesses, for examination
or cross-examination
or the production of any document or thing,
the Magistrate shall issue such process unless he considers the application
to be vexatious, or to be such as to cause delay or defeat the ends of
justice.
No witness, already cross-examined or in respect of whom an opportunity for
cross-examination has been given to the accused shall be so compelled to
attend,
unless the Magistrate is satisfied that it is necessary for justice.
The accused may be required to deposit the necessary expenses of any
witness so recalled before he is summoned.
In Basava Raj R. Patil v. State of Karnataka 2000 (4) Recent Criminal Reports
543 (SC) Supreme Court has held that
Section 243(1) of Code enables the accused who is involved in the trial of
warrant case instituted on police report to put in any written statement.
When any such statement is filed, the court is obliged to make it part of the
Record of the case.
Even if such case is not instituted on police report, the accused has the
same right in Section 247.
Even accused involved in offences exclusively triable by court of Session,

can also exercise such right to put in written statement under section
233(2) of Code.
8. Sec-248 : Judgment : Acquittal or Conviction : Previous conviction : Sentence
hearing : Probation :
Section 248 which relates to judgment applies alike to police and non-police
cases.
If the Magistrate finds the accused not guilty,
he shall record an order of acquittal,
otherwise he shall sentence him according to law after hearing him on the
question of sentence.
He may not pass a sentence if he
releases the accused on probation of good conduct under Section 360 or
submits the proceedings under Section 325, for a severer punishment which
he himself is not empowered to inflict, to the Chief Judicial Magistrate.
If the accused does not admit his previous convictions, evidence of previous
conviction shall be taken after the Magistrate has convicted the accused.
B. Procedure of trial of warrant case instituted on complaint :
In trial of warrant cases instituted on complaint, the Magistrate has to follow the
procedure specified in Sections 244 to 247 and Section 248 of the Code.
1. Sec-244 : Hear prosecution : Evaluate evidence, evidences :
Section 244 of Code lays down that when in a warrant case instituted
otherwise than on police report, the accused appears or brought before
Magistrate,
the Magistrate shall proceed to
hear the prosecution
and take all such evidence as may be produced in support of prosecution.
exercise his discretion in issuing summons to any of the prosecution
witness directing him to attend or to produce document or other thing.
2. Sec-245 : Decide if case is made out : Else discharge :
Section 245 of Code then provide that if upon taking all evidence referred to in
Section 244,
the Magistrate considers for reasons to be recorded that no case against the
accused has been made out, which if unrebutted would warrant his
conviction,
the Magistrate shall discharge him.
In Ratilal Bhanji Mithani v. State of Maharashtra AIR 1979 SC 94 Supreme
Court held that
"In a warrant case instituted otherwise than on police report "discharge"

and "acquittal" are two different concepts applicable to different stages of

the proceedings in court.
An order of discharge in a warrant case instituted on complaint can be made
only after the process has been issued and before charge is framed.
Section 245(1) shows that as a general Rule
there can be no order of discharge unless the evidence of complainant
(Prosecution Witnesses) has been taken and the Magistrate considers for
reasons to be recorded in the light of the evidence that no case has been
made out.
Section 245(2) authorises the Magistrate to discharge the accused at any
previous stage of the case if he considers the charge to be groundless is an
exception to that Rule.
As a general Rule, a discharge without considering the evidence taken is
illegal.
Once the charge is framed, the Magistrate has no power to cancel the
charge or reverse the proceedings to the stage of Section 245 and
discharge the accused.
The trial in warrant cases treat with the framing of charge, prior to it, the
proceedings are only an inquiry."
Section 246(1) of Code provide that
if Magistrate is of opinion that
there is ground for presuming that the accused has committed an
offence, which such Magistrate is competent to try
and which in his opinion could be adequately punished by him,
he shall frame in writing charges against the accused.
4. Sec-246(2) : Explain charges to accused :
Section 246(2) says that the charge shall be read over and explained to the
accused and he shall be asked whether he pleads guilty or not.
5. Sec-246(3) :Record plea of guilt and decide conviction, if any :
If the accused plead guilty, the Magistrate shall record the plea and may in his
discretion convict him thereon (Sub-section (3)).
6. Sec-246(4) : Cross-examination of prosecution witnesses :
If the Accused refuses to plead or claimed to the tried, then accused shall be
required to state whether he wishes to cross examine any and if so which of
the witnesses for the prosecution whose evidence has been taken.
If Accused says he so wishes, the witnesses named by him shall be recalled
and after their cross examination or re-examination they shall be discharged.


documents :
Section 247 then provide that
the Accused shall be called upon to enter upon his defence
and produce his evidence
and if Accused puts in any written statement, the Magistrate shall file it with
the record
and upon application of Accused, Magistrate shall issue process for
compelling appearance of any witness for examination unless Magistrate
refuses such application on the ground of vexation.
8. Sec-246 : Judgment : Acquittal or Conviction : Previous conviction : Sentence
hearing : Probation :
Section 248 which relates to judgment applies alike to police and non-police
cases.
If the Magistrate finds the accused not guilty,
he shall record an order of acquittal,
otherwise he shall sentence him according to law after hearing him on the
question of sentence.
He may not pass a sentence if he
releases the accused on probation of good conduct under Section 360 or
submits the proceedings under Section 325, for a severer punishment which
he himself is not empowered to inflict, to the Chief Judicial Magistrate.
If the accused does not admit his previous convictions, evidence of previous
conviction shall be taken after the Magistrate has convicted the accused.
Difference between warrant trial instituted on (i) police report and (ii) complaint :
In trial of warrant cases instituted on police report, Sec-238 to 243 & Sec-248.
In trial of warrant cases instituted on complaint, Sec-244 to 247 & Sec-248.
Apart from provisions being in different sections of CrPC, following are the
substantial differences :
1. Sec-249 : IF complainant is absent AND [offence is compoundable or non-
cognizable] THEN discharge :
Section 249 of Code provides that
when proceedings have been instituted upon complaint
and if on any date of hearing complainant is absent and offence is
compoundable or non-cognizable, then Magistrate may discharge the
accused at any time before charge has been framed.
In Karnal Distillery Co. Ltd. v. P.L. Kapoor 1982 Criminal Law Times 26 Punjab
and Haryana High Court had observed that

Section 249 Cr.P.C. postulates two contingencies in which the complaint

may be dismissed on the non-appearance of the complainant.
The first contingency is that the offence may be lawfully compounded and
The second contingency is that offence should not be a cognizable one.
The use of word "or" in the Section in between the two contingencies is
clearly indicative of the fact that anyone of these contingencies is enough to
empower the court to dismiss a complainant in default."
2. Sec-250 : Compensation for accusation without reasonable cause :
Section 250 of Code then provides for compensation for accusation without
reasonable cause.
Summons Case : Trial Procedure :
Meaning of summons case :
Summons Trial Procedure :
1. Sec-251 : Tell accused substance of the offence : Plea of guilt : No framing
of charges :
2. Sec-252 : conviction on admission :
3. Sec-253 : Conviction on plea of guilty in absence of accused in petty cases :
4. Sec-254(1) : Hear both sides : Take evidence from both sides
5. Sec-254(2) : Summon witnesses of prosecution and defence :
6. Sec-254(3) : Deposit cost for summoning witnesses :
7. Sec-255(1&2) : Acquittal or conviction : Sentencing :
8. Sec-255(3) : Decide if accused shall also be convicted for offences not
originally charged :
Other provisions related to summons trial :
Sec-257 : Withdrawal of complaint :
Sec-258 : Power to stop proceedings in certain cases & acquit or discharge :
Sec-259 : Power of Court to convert summons-cases into warrant cases :
Difference between a warrant case and a summons case :
Meaning of summons case :
Sec-2(w) :
"Summon Case" means a case relating to an offence and not being warrant
case.
Thus, a summons case means a case relating to an offence punishable with
imprisonment not more than two years.
Summons Trial Procedure :
1. Sec-251 : Tell accused substance of the offence : Plea of guilt : No framing of

charges :
Section 251 of Code says when accused appears or brought before the
Magistrate,
the particulars of the offence of which he is accused shall be stated to him
and he shall be asked whether he pleads guilty or has any defence to make,
but shall not be necessary to frame a formal charge.
In State of Gujarat v. Lalit Mohan 1990 Criminal Law Journal, 2341 it was
observed that
it is not incumbent upon a Magistrate to frame a formal charge in a
summons cases,
but substance of accusation is to be explained, moment the accused is
brought before court.
2. Sec-252 : conviction on admission :
Section 252 of Code then says if the accused pleads guilty,
the Magistrate shall record the plea as nearly as possible in the words used
by accused and may in his discretion, convict him thereupon.
3. Sec-253 : Conviction on plea of guilty in absence of accused in petty cases :
As per provisions of Section 253,
where a summons has been issued under Section 206 and
the accused desires to plead guilty to the charge without appearing before
the Magistrate
he shall transmit to the Magistrate, by post or by messenger,
a letter containing his plea and also the amount of fine specified in the
summons.
The Magistrate may in his discretion
convict the accused in his absence, on his plea of guilty
and sentence him to pay the fine specified in the summons
and the amount transmitted by the accused shall be adjusted towards
that fine,
or where a pleader authorised by the accused in this behalf pleads guilty, on
behalf of the accused
the Magistrate shall record the plea as nearly as possible in the words
used by the pleader
and may, in his discretion convict the accused on such plea and sentence
him as aforesaid.
4. Sec-254(1) : Hear both sides : Take evidence from both sides :
It is provided by Section 254, that

If the Magistrate does not convict the accused under Section 252 or Section
253,
the Magistrate shall proceed to hear prosecution,
and also to hear the accused
and take all such evidence as he produces in his defence.
5. Sec-254(2) : Summon witnesses of prosecution and defence :
The Magistrate may, if he thinks fit, on the application of the prosecution or
the accused,
issue a summons to any witness directing him to attend or to produce any
document or other thing.
6. Sec-254(3) : Deposit cost for summoning witnesses :
The Magistrate may, before summoning any witness on such application,
require that the reasonable expenses of the witness incurred in attending the
purposes of the trial be deposited in the Court.
7. Sec-255(1&2) : Acquittal or conviction : Sentencing :
If the Magistrate, upon taking the evidence, and examining the accused,
finds the accused not guilty, he shall record an order of acquittal.
If the Magistrate convicts the accused he may,
either pass sentence according to law and consider releasing the accused on
probation of good conduct under Section 360
or not pass a sentence if he prefers to submit the proceedings under Section
325, for a severer punishment which he himself is not empowered to inflict,
to the Chief Judicial Magistrate.
8. Sec-255(3) : Decide if accused shall also be convicted for offences not
originally charged :
Sec-255(3) enables the Magistrate to convict the accused of any offence
which from the facts proved or admitted, appears to have committed,
though it is different in its nature from the offence originally charged.
Other provisions related to summons trial :
Sec-257 : Withdrawal of complaint :
If a complainant, at any time before a final order is passed,
satisfies the Magistrate that there are sufficient grounds for permitting him to
withdraw his complaint against the accused,
the Magistrate may permit him to withdraw the same,
and shall thereupon acquit the accused against whom the complaint is so
withdrawn.
Sec-258 : Power to stop proceedings in certain cases AND acquit or discharge :

In any summons case instituted otherwise than upon complaint ,

a Magistrate may, for reasons to be recorded by him,
stop the proceedings at any stage without pronouncing any judgment
and where such stoppage of proceedings is made after the evidence of the
principal witnesses has been recorded,
pronounce a judgment of acquittal
and, in any other case, release the accused,
and such release shall have the effect of discharge.
Sec-259 : Power of Court to convert summons-cases into warrant cases :
When in the course of the trial of a summons-case relating to an offence
punishable with imprisonment for a term exceeding six months,
it appears to the Magistrate that in the interests of justice, that the offence
should be tried in accordance with the procedure for the trial of warrant cases,
such Magistrate may proceed
to re-hear the case in the manner provided by this Code for the trial of
warrant-cases
and may recall any witnesses who may have been examined.
Difference between a warrant case and a summons case :
WARRANT CASE SUMMONS CASE
All cases which are punishable by Maximum punishment is imprisonment less

death, imprisonment for life, or for than 2 years.
more than two years are warrant All cases which are not punishable by
cases. death, imprisonment for life, or for more
than two years are summons cases.
A warrant case cannot be converted As per Section 259, a summons case can
into a summons case. be converted into a warrant case if the
case relates to an offence that entails
more than 6 months of imprisonment as
punishment and the judge feels that in the
interest of justice it the case should be
tried as a warrant case.
In a warrant case CrPC prescribes two Irrespective of how it was instituted, there
different procedures to be followed by is only one procedure prescribed by the
the magistrate, depending on CrPC for the trial of a summons case.
whether, (i) the case is instituted on a
police report, or (ii) if it is instituted
on other than a police report.

A charge needs to be framed against There is no such requirement in a

the accused in a warrant case. summons case, and only conveying the
particulars of an offence to the accused
shall suffice.
As per S. 241, after the charge is As per S. 252, if the accused pleads guilty,
framed, the accused may plead guilty the magistrate must record the plea of the
and the magistrate may convict him accused and may, in his discretion, convict
on his discretion. him on such plea.
Magistrate can discharge the The accused may be acquitted,

accused - if the complainant is absent
- if complainant is absent, - or if the complainant dies.
- or no charge is framed,
- or if the offence is compoundable or
non-cognizable.
A warrant case may contain charges A summons case cannot have charges that
that reflect a summons case. require a warrant case.
A charge under a warrant case cannot

be split up into its constituents for
trial under summons case.
The trial of a warrant case as a But the trial of a summons case as a

summons case is a serious warrant-case is only an irregularity
irregularity which would vitiate the which is curable under Section 465 of
trial if the accused has been the Code.
prejudiced.
When a warrant case is tried as a When a summons case is tried as a

summons case and if the accused is warrant case and if the accused is
acquitted under S. 255, the acquittal discharged under S 245, the discharge
will only amount to discharge. will amount to acquittal.
Accused must appear personally. Accused may plead guilty through post,
without appearing personally before the
judge.
In a warrant case, the accused gets In a summons case he gets only one
more than one opportunity to cross- opportunity to cross-examine the
examine the prosecution witnesses. prosecution witnesses.
In a warrant case a complaint cannot In a summons case the complainant may

be withdrawn by the complainant, withdraw the complaint with the

unless costs and compensation are permission of the Magistrate.

paid.
In a warrant case, after convicting the No such power is conferred on the

accused, the Magistrate may take Magistrate while trying the accused in a
evidence regarding the alleged summons case.
previous conviction, which is not
admitted by the accused, and shall
record his finding thereon.
Write Short Note : Summons case and Summary case (Nov-2012, Nov-2014, Apr-
2016)
ANSWER :
Refer :
Intro : [Sec-260 to Sec-265]
Summary Trial are dealt in section 260 -265 of Code of Criminal Procedure, 1973.
Summary trials are,
1. A kind of fast track proceeding where a case is resolved in one sitting.
2. Meant for petty offenses, to reduce the burden of court
Sec-260 : Decide if case is to be tried summarily :
When a case involving the following offenses comes to CJM, MM, and JMFC for
hearing, they have the discretionary power to decide whether they want to try the
case summarily or not.
Which offences can be tried summarily :
Section 260 of code says that Chief Judicial Magistrate, Metropolitan Magistrate
or Magistrate of First class specifically empowered by High Court may try in a
summary way following offences :
(i) Offences not punishable with death or imprisonment for life or for term
exceeding 2 years
(ii) Theft, where the value of property stolen does not exceed Rs 200,
(iii) Receiving or retaining stolen property of value less than Rs. 200.
(iv) Offences of assisting in concealing or disposal of stolen property.
(v) Offences under Sections 454 and 456 of I.P.C. [Lurking house-trespass]

(vi) Offences of insult with the intent to

invoke a breach of peace u/s 504 of IPC or
Criminal intimidation u/s 506 of IPC.
(vii) u/s 20 of Cattle Trespass Act 1871.
Sec-261 : Power to try cases summarily :
High Court may give power to Judicial Magistrate Second class to try offences
involving imprisonment of less than 6 months summarily.
Sec-262 : Re-hear the case as either summons case or warrant case :
Sentence of imprisonment of more than 3 months cannot be passed in a summary
trial.
If at any point in while trying the matter in this manner, if the court thinks that it is
undesirable to try the case summarily,
it shall recall any witnesses who may have been examined and proceed to re-
hear the case in the manner provided in this code (i.e. as a summons trial or
warrant trial)
In Sham Lal v. State of Punjab 1977 Chandigarh Law Reporter 137 it was observed
that
Section 262 says that
even in such trials procedure laid down for summons cases shall be followed if
the offence is triable as summons cases
and that of warrant cases where the offence is triable as a warrant case.
Sec-263 : Nature of records to be kept :
the nature of record that has to be kept in non-appealable cases
Though it is stated that in such cases the Magistrate
need not to record evidence of witnesses
or frame formal charges
However particulars of offence complained of and offence proved must be
entered on the record.
The judge must record the following particulars in the prescribed format -
serial number of the case,
date of offence,
date of complaint,
name of complainant,
name, age, address, parentage of accused,
offence complained
offence proved,
plea of the accused

examination of accused,
findings,
sentence,
date of termination of the proceeding.
Sec-264 : In absence of plea of guilt, evaluate evidence & give reasoned judgment :
If the accused does not plead guilty, the judge must record the substance of the
evidence and give reasons for the judgment.
Sec-265 : Records should be in courts language.
Every the such record and judgment shall be in the language of the court.
Government servants can NOT be tried summarily :
In Ram Lochan vs State, 1978, it was held that
although trying a govt. servant summarily is legal,
it should not be done so because upon conviction, govt. servant may lose his
job, which is a serious loss.
Appeal and Revision in Summary Trials :
No appeal lies if only a sentence of fine not exceeding 200/- is awarded.
A revision application would lie to the High Court in such a case.
Distinguish : Discharge, Acquittal and Conviction.

ANSWER :
Refer :
1. Discharge :

2. Acquittal :

Difference between Discharge & Acquittal :
Discharge Acquittal
Session Trial Session Trial

As per Section 227, if, upon consideration If after evaluating the evidence
of the record of the case and the documents given by the prosecute, the judge
submitted therewith, and after hearing the considers that there is no evidence
submissions of the accused and the that the accused has committed the

Discharge Acquittal
prosecution in this behalf, the Judge offence, the judge acquits the
considers that there is not sufficient ground offender under Section 232.
for proceeding against the accused, he shall However, if the offender is not
discharge the accused and record his reasons acquitted under Section 232, he is
for so doing. permitted to give his defense and
evidence. After hearing the
arguments of both the parties, the
court may acquit of convict the
person under Section 235.
Warrant Trial By Magistrate Warrant Trial By Magistrate

As per Section 239, if, upon considering the As per Section 248, if, in any case
police report and the documents sent with it under this Chapter in which a
under section 173 and making such charge has been framed, the
examination, if any, of the accused as the Magistrate finds the accused not
Magistrate thinks necessary and after giving guilty, he shall record an order of
the prosecution and the accused an acquittal.
opportunity of being heard, the Magistrate
considers the charge against the accused to
be groundless, he shall discharge the
accused, and record his reasons for so doing.
Discharge does not mean that the accused Acquittal means that the accused
has not committed the offence. It just means has been held innocent.
that there is not enough evidence to proceed
with the trial.
If further evidence is gathered later on, the The accused cannot be tried again
accused may be tried again. for the same offence once he has
been acquitted.
3. Conviction :

Difference between (i) Sufficient grounds for commitment, & (ii) Sufficient
grounds for conviction :
Sufficient grounds
Sufficient grounds for commitment
for conviction
When a magistrate takes cognizance of an offence Upon holding the trial,

under Section 190 (upon receipt of a complaint or if the court is satisfied
otherwise), with the evidence

Sufficient grounds
Sufficient grounds for commitment
for conviction
he examines the complaint in accordance with provided by the

Section 200 by examining the facts and the prosecute that the
witnesses. accused is guilty of
If he finds that the complaint is with merits, the case the alleged offence,
is deemed committed for trial and the magistrate he convicts the
issues the process under Section 204. offender.
If the offence is exclusively triable by Court of

Session, the magistrate commits the case to Court of
Session under Section 209.
The evidence must

At this stage it is not considered whether the grounds are prove the guilt of the
sufficient for conviction. accused without any
doubt.
Explain in detail : Concept of Plea - Bargaining (Oct-2013)

ANSWER :
Refer :

Explain : Person once convicted or acquitted, not to be tried for same offence
under Cr.P.C. (Dec-2015)
The judicial procedure cannot be re-initiated against the person who has been
sentenced or acquitted. Explain. (Apr-2016)
ANSWER :
Refer :
https://www.lawctopus.com/academike/autrefois-acquit-autrefois-convict/
Intro :

Autrefois Acquit and Autrefois Convict are the French terms literally meaning
previously acquitted and previously convicted respectively.
These two terms have their origin in the common law where they are accepted as
the pleas of autrefois acquit and autrefois convict and these pleas have the effect
that the trial cannot go ahead due to the special circumstances that these two
pleas depict.
Actually a plea of autrefois acquit means that a person cannot be tried again for
an offence for the reason that he has previously been acquitted in the same offence
and such a plea can be taken or combined with plea of not guilty.
Similarly a plea of autrefois convict means that a person cannot be tried for an
offence for the reason that he has been previously been convicted in an offence
and the same can be combined with the plea of not guilty.
Actually this doctrine in a way is the rule again double jeopardy.
Rule against double jeopardy means that
a person cannot be tried for the same offence once again if he has been either
convicted or acquitted in the trial relating to same offence.
1. Double Jeopardy provision in Indian Constitution :
Protection against double jeopardy has been provided by many countries as a
constitutional right India being one of them.
Let us analyze this Doctrine of Autrefois Acquit and Autrefois Convict in special
reference to Indian context in the light of the provisions of Code of Criminal
Procedure, 1973, Constitution of India and Indian Evidence Act, 1872.
The Constitution of India has provided this protection as a fundamental right under
the Article 20(2).
Art-20(2) :
No person shall be prosecuted and punished for the same offence more than
once.
The principles of autrefois acquit and autrefois convict, was pre-existing in the OLD
CrPC as well as the General Clauses Act, 1897
Both these provisions formed the basis for incorporation of this principle as a
fundamental right when the Constitution was enacted in India, though with some
reservations which limit the ambit and scope of the doctrines.
However, in any circumstance any Constitutional provision will prevail over other
statutes.
Subsequently, the same principle was enacted as section 300 of NEW CrPC 1973.
2. Double Jeopardy provision in CrPC 1973 :
Sec-300 of CrPC : Person once convicted or acquitted not to be tried for same
offence :

(1) A person who has once been tried for an offence and convicted or acquitted
of such offence shall,
while such conviction or acquittal remains in force , not be liable to be tried
again for the same offence,
nor on the same facts for any other offence for which a different charge from
the one made against him might have been made u/s 221(1) or 221(2).
Sec-300 : Case of distinct offence, separate charge : 2nd trial OK
(2) A person acquitted or convicted of any offence may be afterwards tried,
for any distinct offence for which a separate charge might have been against
him at a former trial u/s 220(1) {trial for 1+ offence}.
(3) A person convicted of any offence constituted by any act causing
consequences which together with such act, constituted a different offence from
that of which he was convicted, may be afterwards tried for such last mentioned
offence, if the consequences had not happened, or were not known to the court
to have happened, at the time when he was convicted.
Sec-300 : When previous trial court had NO jurisdiction : 2nd trial OK
(4) A person acquitted or convicted of any offence constituted by any acts may,
notwithstanding such acquittal or conviction, be subsequently charged with, and
tried for, any other offence constituted by the same acts which he may have
committed if the court by which he was first tried was not competent to try the
offence with which he is subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same
offence except with the consent of the Court by which he was discharged or of
any other Court to which the first mentioned court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General
Clauses Act, 1897 or of section 188 of this code.
Analysis of CrPC provision :
Sec-300 lays down the principle that a person who has been previously acquitted
or convicted in any offence cannot be tried for the same offence again i.e. rule
against double jeopardy.
However this protection is not absolute in nature and this thing becomes clear
from the detailed analysis of the section 300.
An analysis of this section makes it clear that there must be the trial of the
accused, ie hearing and determination on the merits
and for the purpose of the ban to subsequent trial as contemplated by the
section 300(1),
there should have been the trial of the accused
and on previous occasion, he must have been convicted or acquitted.
If there is no trial then the subsequent trial for the same offence is not barred.

However the acquittal or the conviction, in order to be actual defence to the

charge must be by a court of competent jurisdiction.
If the court which held the first trial was not competent to try the charge put
forward in the second trial, THEN this section would have no application.
A trial by a court having no jurisdiction in the case is void ab initio and the
accused if acquitted is liable to be re-tried for the same offence.
Art-20(2) vis--vis Sec-300 of CrPC 1973 :
1. Art-20(2) :
Art-20(2) in clear terms incorporates the rule against double jeopardy.
It should be noted that the existence of this law in India was prior to the
enactment of our Constitution in form of an enactment under the Section 26 of
the General Clauses Act, 1897.
However after incorporation in the constitution this protection has become a
Constitutional guarantee in form of a fundamental right rather than just being
a statutory right.
This is to be emphasized that the rule against double jeopardy is an import from
the common law system which recognizes a legal maxim Nemo debet bis
vexari meaning thereby a person cannot be put in peril twice for the same
offence.
As per the judicial interpretation in our country Article 20(2) incorporates only
the rule of autrefois convict and not autrefois acquit.
It provides that if a person has been prosecuted and punished then he
cannot be prosecuted for the same offence once again.
The rule is in distinction with the Common Law principle in the sense that,
there irrespective of the consequence of prosecution whether it results in the
conviction or acquittal, a person cannot be tried again for the same offence.
However the article 20(2) is different in the sense that,
in order to bring a case under the 20(2) to bar a second trial it must be shown
that,
the person has been prosecuted before a court
and has been punished by it for the same offence.
ie both punishment and prosecution should co-exist for Art.20 (2) to be
operative.
Prosecution without punishment would not bring the case within the Art.20 (2).
ie If a person has been prosecuted for an offence but acquitted, then he can be
prosecuted by the same offence once again and punished.
The Supreme Court in the case of State of Bombay v. S.L Apte has explained the
legal position of the Art. 20 (2) :

To operate as a bar the second prosecution and the consequential punishment

thereunder, must be for the same offence.
The crucial requirement therefore for attracting the Article is that the offences
are the same, i.e. they should be identical.
If however the two offences are distinct then notwithstanding that the
allegation of facts in the two complaints might be substantially similar, the
benefit of the ban cannot be invoked.
It is therefore, necessary to analyze and compare
not the allegations in the two complaints
but the ingredients of the two offences
and see whether the identity is made out.
THUS, from the analysis of the constitutional provisions it is quite clear that,
---> the Article 20 (2) contemplates only the doctrine of previously acquitted.
2. Sec-300 of CrPC :
Now when the Section 300 of the Cr.PC is read in light of the Constitutional
provision under Art.20 (2),
prima facie it appears to us that both the provisions stand, though not
completely but partially in contradiction with each other.
Where on one hand Art.20 (2) provides bar to the second trial only in case of
previous conviction,
under Section 300 of CrPC second trial of a person will be barred for the same
offence for the either reason i.e. convicted or acquitted.
All the sub sections of Section 300 except sub section 3 specifically lay down
that both conviction and acquittal act as a bar to the subsequent trial of the
same person in various circumstances.
In such a situation the statutory provision of CrPC and the Constitutional
mandate appear to ben conflict with each other.
---> the Sec-300 of CrPC contemplates BOTH
the doctrine of previously acquitted as well as
th doctrine of previously convicted.
HOWEVER, trial may still lie in case of discharge without acquittal or conviction.
Different offence different facts same evidence :
The conviction or the acquittal in the previous case cannot be a bar in the trial of
the same person for a different offence based on different facts but on the same
evidence.
In the case of State of Tamil Nadu v. Nalini there was criminal trial for certain
offences under TADA (now POTA), alongwith the other offences under IPC.
The subsequent trial for the offences under TADA based on the same facts was

held to be barred and the conviction of the accused in the subsequent trial was
set aside.
Discharge vs acquittal :
The person must have been either acquitted or been convicted.
Mere discharge of the accused does not amount to acquittal.
A person is said to be discharged when he is relieved from the legal proceeding
by an order which does not amount to judgement.
Judgement is the final order in a trial terminating either in conviction or acquittal
of the accused.
A person who is in law only discharged may be charged again for the same
offence if some other testimony is discovered against him; however a person
who is acquitted of a charge can never be put on the trial for the same offence.
A discharge leaves the matter at large for all purposes of judicial inquiry and
there is nothing to prevent a Magistrate discharging the accused from inquiring
again into the case.[iv]
However in case where a judgement has been passed by a competent court either
acquitting or convicting the accused,
there so long as the judgement remains in force the person so acquitted or
convicted cannot be tried again for the same offence,
but where such an order or judgement, of acquittal / conciction, has been set
aside by a Court either on appeal or revision,
then such person can again be tried for the same offence because the previous
trial is annulled thereby.
Write short note : Public Prosecutor (Nov-2012, Nov-2014, Dec-2015, Apr-2016)

ANSWER :
Refer :
Intro :
Section 2(4) of Code says "Public Prosecutor" means
any person appointed u/s 24 and includes any person acting under the
directions of Public Prosecutor.
Since in criminal cases State is the prosecutor, the State is represented in the
Court by the Public Prosecutor.
According to Section 225 in every trial before court of Session, the prosecution
shall be conducted by Public Prosecutor.

in the High Courts and Court of Sessions the State Government is represented
by Public Prosecutor
and in the Court of Magistrate by the Assistant Public Prosecutor.
Appointment of PP :
The provisions of the Criminal Procedure Code regarding the appointment of Public
Prosecutors are contained in Section 24, which provides as herein under :-
Sec-24 :
(1) For every High Court, the Central Government, or the State Government
shall, after consultation with the High Court, appoint a Public Prosecutor
and may also appoint one or more Additional Public Prosecutors, for
conducting in such Court, any prosecution, appeal or other proceeding on
behalf of the Central Government or State Government, as the case may be.
(2) The Central Government may appoint one or more Public Prosecutors, for the
purpose of conducting any case or class of cases in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor,
and may also appoint one or more Additional Public Prosecutors for the
district :
Provided that the Public Prosecutor or Additional Public Prosecutor appointed
for one district may be appointed also to be a Public Prosecutor or an
Additional Public Prosecutor, as the case may be, for another district.
District Magistrate, in consultation with the Sessions Judge, to prepare a panel of
names :
(4) The District Magistrate shall, in consultation with the Sessions Judge,
prepare a panel of names of persons, who are in his opinion fit to be appointed
as Public Prosecutors or Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government as the Public
Prosecutor or Addl. Public Prosecutor for the district unless his name appears
in the panel of names prepared by the District Magistrate under sub-section
(4).
Cadre of Prosecuting Officers :
(6) Notwithstanding anything contained in sub-section (5) where in a State
there exists a regular Cadre of Prosecuting Officers, the State Government
shall appoint a Public Prosecutor or an Addl. Public Prosecutor only from
among the persons constituting such Cadre :
Provided that where, in the opinion of the State Government, no suitable
person is available in such Cadre for such appointment, the Government may
appoint a person as Public Prosecutor or Addl. Public Prosecutor, as the case
may be from the panels of names prepared under sub- section (4).
Minimum experience required :

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Addl.

Public Prosecutor under sub-section (1), (2) or (3) or (6), only if he is in
practice as an advocate for not less than 7 years.
(8) The Central Government or the State Government may appoint for the
purpose of any case or class of cases, a person who has been in practice for
not less than ten years, as a Special Public Prosecutor.
(9) For the purpose of sub-sections (7) and (8), the period during which a
person has been in practice as a pleader, or has rendered (whether before or
after commencement of this Code) service as a Public Prosecutor or as an
Addl. Public Prosecutor or as Assistant Public Prosecutor or other Prosecution
Officer, by whatever name called, shall be deemed to be the period during
which such person has been in practice as an advocate.
Involvement of PP in investigation :
In R. Sarala v. T.S. Velu and others, AIR 2000 SC 1731, it was observed that
Role of Public Prosecutor is inside the court and it commences after investigating
agency presents the case in court after completion of investigation.
Therefore, involving Public Prosecutor in investigation is injudicious and an
investigating officer can not be directed to consult the Public Prosecutor before
filling his report under section 173 Cr. P.C.
Assistant PP :
According to section 25 an Assistant Public Prosecutor is appointed to conduct
prosecutions in the Courts of Magistrates.
They are appointed by the State Government.
No police officer is eligible for appointment as such but in a case for which no
Assistant Public Prosecutor is available, the District Magistrate may appoint a police
officer as Assistant PP,
but such police officer should not be below the rank of an Inspector
and he should not have participated in the investigation of the case being
prosecuted.
Central Government may also appoint Assistant Public Prosecutors for conducting
cases in the Court of Magistrate.
In S.B. Shane v. State, AIR 1995 SC 1628, it was observed that,
according to section 25 there is statutory obligation imposed on the state or
Central Government to appoint one or more Asst. Public Prosecutors in every
district for conducting prosecutions in the Magistrate Courts
and of making such Assit. Public Prosecutors independent of the Police
Department by constituting separate cadre of such Asst. Public Prosecutor and
creating a separate Prosecution Department and its Head directly responsible to
Govt. for such Department's work.

Write short notes : Legal aid to an accused at State expenses. (Nov-2011)

Write Short Note : Legal Aid to accused (Nov-2012)
Write short note : Legal aid to accused at Govt. expense (Nov-2014, Dec-2015, Apr-
2016)
ANSWER :
Refer :
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/05._criminal_justic
e_administration/11._access_to_criminal_justice/et/8178_et_et.pdf
http://shodhganga.inflibnet.ac.in/bitstream/10603/12650/10/10_chapter%206.pdf
http://www.legalserviceindia.com/articles/legaut.htm
<search Rights of arrested person in this doc>
Outline :
Intro :
Distinction between legal aid in civil and criminal proceedings
Legal Aid under CPC :
<read from study notes of 301 Civil Procedure Code (CPC) & Limitation>
Legal Aid under CrPC :
Entitlement to Free Legal Aid.
Qualification and disqualification for free legal aid.
Obligation to inform about right to legal aid.
Implications for absence of legal representation.
Scope of Legal Aid.
Intro :
A just society is the one where justice prevails throughout alike.
To have equal right to approach the court is rendered useless if the right can't be
exercised. It is then, nothing more than a paper promise.
The rich and influential can approach the courts because they have means, but the
poor have to face injustice simply because they have no money to hire a lawyer.
It is therefore in the interest of justice to establish a social order when the poor not
only have the right but also the means to seek justice.
The idea of legal aid to the poor is, thus a step in this direction".
Distinction between legal aid in civil and criminal proceedings : Legal Aid is essential
irrespective of cases, whether it is criminal case or civil case, when a party to the

case/suit is indigent, because audi alterm partem is one of the principles of natural
justice, which cannot be departed from. Following are some differences :
a) A person is invariably defending himself against the state in criminal
proceedings,
whereas in civil proceedings the person may very often be invoking the legal
process for relief.
b) Disputes arising in criminal jurisdiction are bound by rigid rules of procedure.
The problems of the civil legal system have inspired innovative methods of
dealing with the problem of access to the system. It has inspired the growth of
altemative dispute resolution mechanism.
c) In criminal cases, a skilled lawyer becomes a necessity for providing procedural
fairness. Much of a criminal trial is taken up with issues of procedure and proof
which are beyond the grasp and understanding of the accused.
With regard to participation of lawyers in the system, civil legal aid lends itself to
co-option of paralegals that can be trained to provide help this area.
d) Accessibility of lawyers : In criminal cases involving clients held in custody would
require lawyers to visit their clients to seek instructions. In practice, however, this
does not easily happen because visits by lawyers to jails are infrequent and still
made difficult by the rules in prison manuals. Hence, in criminal cases there is
STRONG need for legal aid.
In civil cases, litigants are free to choose and meet with their friends, relatives
and lawyers to seek guidance.
e) In criminal proceedings, the Court is under obligation to provide all accused
with a competent lawyer. Criteria for legal aid are not hard and fast.
While in civil proceedings, there are three criteria namely,
the economic status (means) test,
the prima facie test and
the interests of justice test, to determine eligibility for legal aid.
Legal Aid under CPC :
<read from study notes of 301 Civil Procedure Code (CPC) & Limitation>
Legal Aid under CrPC :
Entitlement to Free Legal Aid :
Sec-12 of the Legal Services Authorities Act, 1987 provides for free legal
aid to people falling under following categories :
A member of a SC/ST;
A victim of trafficking in human beings or beggar
A woman or a child;
A person with disability

A person under circumstances of undeserved want such as being a victim of a

mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster;
An industrial workman;
A person in custody
A person in receipt of annual income
less than rupees nine thousand or such other higher amount as may be
prescribed by the State Government, if the case is before a court other than
the Supreme Court,
and less than rupees twelve thousand or such other higher amount as may
be prescribed by the Central Government, if the case is before the Supreme
Court.
Qualification and disqualification for free legal aid :
For more severe punishment, accused shall be provided more competent lawyer.
If the offence charged against the accused is such that, on conviction, it would
result in a sentence of imprisonment,
then the circumstances of the case and the needs of social justice require that
he should be given free legal representation.
Obligation to inform about right to legal aid :
Free legal aid at the States cost is a fundamental right of an accused ,
and this right is implicit in the requirement of
reasonable, fair and just procedure prescribed by Article 21.
This right cannot be denied to him on the ground that he failed to apply for it.
Obligation of presiding officers of Courts :
The magistrate is under an obligation to inform the accused about this right
and to inquire about his wish of legal representation at the State's cost, unless
he refused to take advantage of it.
The right to legal aid, to consult and to be defended by a legal practitioner,
arises when a person arrested in connection with a cognizable offence is first
produced before a magistrate.
It is the duty and obligation of the magistrate before whom a person accused
of committing a cognizable offence is first produced to make him fully aware
that it is his right to consult and be defended by a legal practitioner
and, in case he has no means to engage a lawyer of his choice, then one
would be provided to him from legal aid at the expense of the State.
This right flows from Articles 21 and 22(1) of the Constitution and needs to be
strictly enforced.
All the magistrates in the country are directed to faithfully discharge the

aforesaid duty and obligation. Any failure to fully discharge the duty would
amount to dereliction in duty and would make the concerned magistrate liable
to departmental proceedings.
Obligation of judicial officers of the state :
Every judicial officer of the State is under a legal obligation to see that this
benefit of free legal services is received by litigant who is entitled to such
benefit under Section 12 of the Act.
If it is not taken this way, the very purpose and object of enacting this
benevolent provision shall be frustrated.
Obligation of members of the Bar Council :
The members of the Bar being the Officer of the Court are also equally
concerned to see that this legal right is being received by the litigants of the
categories as enumerated under Section 12 of the Act, 1987.
It is the duty of the members of the Bar as well as the judicial officers to
effectively implement this Act and to provide the benefits of this Act in reality
Implications for absence of legal representation :
Representation by an advocate is very essential ingredient of fair trial.
Absence of an advocate vitiates the criminal trial if the case of an accused could
not be properly represented.
If the accused represents his case properly without the assistance of an
advocate then absence of advocate from trial does not vitiate the trial.
In the case of Mohd. Hussain @ Julfiquar Ali Vs. State, the Supreme Court
ordered retrial,
as an accused who was a Pakistani national accused of terrorist act was not
given effective right to legal representation.
Scope of Legal Aid :
The rights of arrested person
to have someone informed about his arrest and
to consult privately with his lawyer are inherent in Article 21 and 22.
Thus the right to consult the lawyer means the right to consult him away from
the hearing of the police.
The right to consult and be defended by a legal practitioner of his choice is
guaranteed with a view to enable the detenue to prepare for his defence.
This right belongs to the arrested person not only at the pre-trial stage, but also
at the trial before a criminal court or before a special tribunal and whether the
arrest is made under the general law or under a special statute.
While, it is settled position of law that to provide Legal Aid to accused persons
without means in all cases tried by a court of session, is a mandatory

constitutional necessity,
it is further necessary that such lawyer should be competent.
Indigence should never be a ground for denying fair trial or equal justice.
Therefore, advocates competent to handle cases should be appointed.
Summary :
It is an obligation of every democratic country that it must protect the rights of
every individual.
The poor has suffered lot of injustices and fallen into deprived or exploited section
of our society.
The poor people need to be made literate and aware about their legal rights so that
they can stand at equal footing with rich litigants.
The Legal Services Authorities Act has to go a long way in solving the problems
of needy litigants and bringing poor person in the forefront.
Write short notes : Tender of Pardon to an accomplice. (Nov-2011, Nov-2012, Nov-

2014)
Write short note : An approver (Nov-2014, Dec-2015, Apr-2016)
ANSWER :
Refer :
CrPC provision for an approver or tender of pardon to an accomplice :
Section 306 of Code of Criminal Procedure deals with procedure to be adopted by a
Magistrate for tendering pardon to accomplice.
This provision is specifically,
for securing speedy conviction in cases where grave offence is allegedly
committed by several persons,
wherein one of the accused who is ready to give evidence of complicity of
accused in the crime.
Sec-306 : Power to grant pardon to an accomplice :
(1) With a view to obtaining the evidence of any person supposed to have been
directly or indirectly concerned in or privy to an offence,
the Chief Judicial Magistrate or a Metropolitan Magistrate
at any stage of the investigation or inquiring, or trial
and the Magistrate of the first class,
at any stage of the inquiry or trial,

may tender a pardon to such person

on condition of his making a full and true disclosure of the whole of the
circumstances within his knowledge
relative to the offence and to every principal or abettor, in the commission
thereof.
Scope of pardon :
Sec-306(2) : This section applies to -
(a) any offence triable exclusively by the Court of Session or by the Court of a
Special Judge;
(b) any offence punishable with imprisonment which may extend to 7+ years or
death sentence.
Requirements for Court :
Sec-306(3) :
Every Magistrate who tenders a pardon shall record -
(a) his reasons for so doing;
(b) whether the tender was or was not accepted by the person to whom it
was made,
and shall, on application made by the accused, furnish him with a copy of such
record free of cost.
Sec-306(5) :
Where a person has accepted a tender of pardon,
and has been examined,
the Magistrate taking cognizance of the offence shall, immediately, without
making any further inquiry in the case, -
(a) commit it for trial to the court having jurisdiction to try the case.
The object of these provision is
to secure speedy conviction of other accused, and
to allow pardon to the accomplice
Requirements for accomplice :
Sec-306(4) :
Every person accepting a tender of pardon made under Sub-section (1) -
(a) shall be examined as a witness in the Court trial;
(b) shall, unless he is already on bail, be detained in custody until the
termination of the trial.
ie accomplice is not eligible for bail until termination of trial.


In State of U.P. v. K.N. Aggerwal, 1973 Cri.L.J. 1196 (SC), it was observed that
Section 306 empowers a Chief Judicial Magistrate or a Metropolitan Magistrate or
Magistrate of first class
to tender pardon to a person who is supposed to have been directly or indirectly
concerned in an offence under investigation or inquiry
on the condition that he makes a full and true disclosure of all the circumstances
within his knowledge in relation to the accused and to the offence."
Sec-307 : At what stage can Court tender pardon ?
Sec-307 :
Court may tender a pardon at any time after the commitment of the case,
but before judgment is passed,
with a view to obtaining at the trial the evidence of any any person supposed to
have been directly or indirectly concerned or privy to any such offence,
tender a pardon on the same conditions as provided under section 306.
What if accomplice conceals or gives false evidence ?
Sec-308(1) :
Where, in regard to a person who has accepted a tender of pardon,
the Public Prosecutor certifies that in his opinion
such person has {either by (i) wilfully concealing anything essential or (ii)
giving false evidence},
not complied with the condition on which the tender was made,
such person may be tried for the offence in respect of which the pardon was so
tendered or for any other offence of which he appears to have been guilty in
connection with the same matter,
and also for the offence of giving false evidence :
Provided that
such person shall not be tried jointly with any of the other accused
Provided further that
such person shall not be tried for the offence of giving false evidence
except with the sanction of the High Court.
(2) Any statement made by such person accepting the tender of pardon and
recorded by a Magistrate under section 164 or by a Court under Sub-section (4)
of section 306 may be given in evidence against him at such trial.
Burden of proof to prove non-compliance to conditions :
u/s 308(3&4), it is prosecutors duty to prove that accomplice did NOT comply with
the condition upon which such tender was made.
In State v. Jagjit Singh, AIR 1989 SC 598 it was observed that,

Court has to consider before trying the approver for the original offence
whether he has some act or omission on his part or failed to comply with the
conditions of pardon,
it is the duty of the prosecutor, to establish that approver has failed to comply
with conditions of pardon either -
(a) by willfully concealing anything essential.
(b) by willfully giving false evidence.
State cannot withdraw the pardon from the approver,
nor approver can cast away the pardon granted to him
till he is examined as a witness by prosecution.
Write short notes : Compoundable and non-compoundable offence. (Nov-2011)

ANSWER :
Refer :
<discussed in Module-1>
Discuss the provisions of accused persons of unsound mind under CrPC. (Dec-2015)
ANSWER :
Refer :

[Section 328, 328]
Supposing an accused who is lunatic is committed to the court of Session, without
there being any inquiry,
such committal is illegal because it is for the committal Magistrate himself to
conduct an inquiry under Section 328 of the Code.
But when accused person who is of unsound mind is committed to the court of
Session, Sessions Judge has to follow procedure as provided u/s 329 of the Code.

Discuss : Provisions relating to judgment and Submission of Death Sentence for

confirmation.
ANSWER :
Refer :
http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-trial-before-sessions-
court.html


Module-4 :
4) Appeals, Reference, Revision, Transfer of cases, Provisions relating to Bail and
Bonds and Miscellaneous provisions
4.1) Appeal: Concept - creation of statute - cannot be filed as a matter of right
4.1.1) Kinds of Appeal:
4.1.1.1) Against conviction
4.1.1.2) For enhancement of sentence
4.1.1.3) Against acquittal order: By Public Prosecutor & by private
person
4.1.1.4) For compensation to victims
4.1.2) When appeal is not permissible
4.1.3) Special Right to prefer appeal (Appeal in non-appealable cases)
4.1.4) Powers of the Appellate Court
4.2) Revision : Scope and purpose
4.2.1) When permissible?
4.2.2) Revisional Courts & their Powers
4.3) Reference : purpose and significance
4.4) Execution, Suspension, Remission and Commutation of Sentences
4.5) Provisions relating to Bail and Bonds,
4.5.1) Bail in Bailable and Non-bailable Offences & related provisions
4.5.2) Anticipatory Bail
4.5.3) Approach of the Apex Court in granting Bail
4.6) Miscellaneous:
4.6.1) Inherent Powers of High Courts
4.6.1.1) Powers to quash FIR, Criminal Complaints and Criminal
Proceedings
4.6.1.2) Judicial approach and guidelines given by the Apex Court while
exercising quashing powers by High Courts
Discuss : Appeal: Concept - creation of statute - cannot be filed as a matter of

right.
Discuss : Kinds of Appeal.
Discuss : (i) When appeal is not permissible, (ii) Special Right to prefer appeal
(Appeal in non-appealable cases).
Explain the provisions of appeals and discuss the powers of the appellate courts.
(Dec-2015)
Discuss : Transfer of cases.
Explain in detail the provisions of Appeal and Revision stated in the Cr.P.C. (Oct-
2013)
Discuss : Power of Court to make order of appeal and revision. (Nov-2011)
Write short note : Powers of Appellate Court. (Apr-2016)
Discuss : (i) Revision : Scope and purpose, (ii) Revisional Courts & their Powers.
Write Short Note : Reference and Revision (Nov-2012, Nov-2014, Dec-2015, Apr-
2016)
2013)
Discuss : Reference : purpose and significance.
2016)
Discuss the provision relating to execution, suspension, remission and
commutation of sentences. (Nov-2011)
Discuss in detail : Provisions relating to Bail and Bond s.
Discuss all provisions relating to an accused person on bail in bailable offence.
(Nov-2011)
Discuss the provisions regarding release of accused person on on bail in non-
bailable offence. (Nov-2012)
Discuss in detail the provisions relating to an Accused Release on Bail in Non-
Bailable offences. (Oct-2013)
When an accused can be released on bail in non-bailable offence ? Explain. (Nov-
2014)
In non-bailable offences on which ground court grant the bails ? (Dec-2015)
Discuss all provisions relating to an accused person regarding his release on bail in
non-bailable offences. (Apr-2016)
Write short notes : Regular bail Sec-439. Anticipatory Bail. (Nov-2011)
Write Short Note : Anticipatory Bail (Nov-2012)
Explain in detail : Provisions of Anticipatory Bail (Oct-2013)

Write short note : Anticipatory Bail, (Nov-2014, Apr-2016)

Explain the legal provisions for Anticipatory Bill. (Dec-2015)
Discuss : Approach of the Apex Court in granting Bail .
Write short note : Inherent powers of High Court (Nov-2012, Nov-2014, Dec-2015,
Apr-2016)
Discuss : Powers to quash FIR, Criminal Complaints and Criminal Proceedings.
Discuss : Guidelines given by the Apex Court while exercising quashing
powers by High Courts.
MODULE-4 ANSWERS :
Discuss : Appeal: Concept - creation of statute - cannot be filed as a matter of

right.
Discuss : Kinds of Appeal.
Discuss : (i) When appeal is not permissible, (ii) Special Right to prefer appeal
(Appeal in non-appealable cases).
Explain the provisions of appeals and discuss the powers of the appellate courts.
(Dec-2015)
Discuss : Transfer of cases.
2013)
Write short note : Powers of Appellate Court. (Apr-2016)
ANSWER :
Refer :
CrPC provisions for Appeal :
Sec-372 : Criminal Appeal is not a matter of right :
Sec-372 :
No appeal lies from any judgment or order of criminal court
except as provided for, by this code or by any other law for the time being
in force.
Thus, the right of appeal is not a natural or inherent right.
Right of appeal must be expressly provided by statute.

Right of appeal is not a mere matter of procedure but is a vested right.

Sec-374 : Forum for appeal : Courts that have appellate jurisdiction :
Sec-374 :
(I) Appeal may lie to Supreme Court,
in case of conviction on trial held by High Court in its extraordinary criminal
jurisdiction,
(ii) Appeal shall lie to High Court,
in case of order of conviction by Session Judge or a Court awarding
sentence of imprisonment for more than seven years,
(iii) Appeals shall lie to Session Court against
(a) Order of conviction by Metropolitan Magistrate or Assistant Session
Judge or JMFC, JMSC
(b) Sentence passed by the Chief Judicial Magistrate on a reference being
made to him under Section 325 {Procedure when Magistrate cannot pass
sentence sufficiently severe} or
(c) Order or sentence passed by any Magistrate under
Sec-360 {Order to release on probation of good conduct or after
admonition}
Sec-375 : NO appeal in case of conviction on account of plea of guilt :
Sec-375 :
No appeal lies against the Order of conviction when an accused pleads guilty
and has been convicted on such plea if,
(a) Conviction is by High Court or
(b) Conviction is by court of Session, Metropolitan Magistrate or Magistrate
of the First or Second Class,
except as to the extent or legality of the sentence.
Sec-376 : No appeal when sentence below a limit :
Then Section 376 provides that
no appeal lies where High Court passes
only sentence of imprisonment for term not exceeding, 6 months
or fine upto Rs. 1000
or where Sessions Court or Metropolitan Magistrate pass
sentence of imprisonment upto 3 months
or fine upto Rs. 200 or both
or where First Class Magistrate passes sentence of fine upto Rs. 100.
Section 377 of Code then provides that Central Government in cases investigated
by Delhi Special Police Establishment or by Central Agency or State Government in

any other cases, on trial held by any court other than High Court, direct the public
prosecutor to present an appeal against conviction on the ground of inadequacy.
High Court shall not enhance the sentence except after giving an accused
reasonable opportunity of showing cause against such enhancement.
Sec-378 : Appeal in case of acquittal :
Section 378 provide that
State or Central Government may direct Public Prosecutor
to present appeal to the High Court
from an original or appellate Order of acquittal by any courts subordinate to
it.
Provision to discourage frivolous & vexatious appeals :
Where any application for the exercise of the powers conferred by this section is
dismissed,
the Supreme Court may if it is of opinion that the application was frivolous or
vexatious,
order the applicant to pay by way of compensation to any person, who has
opposed the application,
such sum not exceeding one thousand rupees as it may consider
appropriate in the circumstances of the case.
Transfer of cases :
Sec-406 : Supreme Courts power to transfer cases and appeals :
Whenever it is made to appear to the Supreme Court that
an order under section 406 of the Code of Criminal Procedure is expedient for
the ends of justice,
it may direct that any particular case or appeal be transferred
from one High Court to another High Court
or from a Criminal Court subordinate to one High Court
to another Criminal Court subordinate to another High Court.
Note that,
the Supreme Court may act under section 406, Criminal Procedure Code,
only on the application of the Attorney-General of India or the Advocate-
General of the State,
and supported by affidavit or affirmation.
Sec-406(1) : Power of High Court to transfer cases and appeals :
Whenever it is made to appear to the High Court-
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court
subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is expedient for the ends of justice.
it may order-
(i) that any offence be inquired into or tried by any Court competent to
inquire into or try such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be
transferred from a Criminal Court subordinate to its authority
to any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before
itself.
Sec-408, 409 : Power of Sessions Judge to transfer cases and appeals :
Section 408 says that
whenever it is made to appear to Session Judge
that it is expedient for the ends of justice,
he may order that any particular case be transfer from one criminal court to
another criminal court in his session division.
Session Judge may pass such order either on the report of lower court
or on the application of party interested or on his own initiative.
Section 409 provides that,
Where the Session Judge withdraws or recalls a case or appeal under Section
409 of the Code,
he may either try the case in his own court
or hear the appeal himself
or make it over in accordance with the provisions of the Code to another
court for the trial or hearing as the case may be.
Special Right to prefer appeal at Supreme Court :


GO TO CONTENTS.
Discuss : (i) Revision : Scope and purpose, (ii) Revisional Courts & their Powers.
2016)

2013)
ANSWER :
Refer :
CrPC Provisions for Revision : Revisional Courts and their Powers :
Sections 397 to 405 provide for revision.
Section 397(1) confer concurrent jurisdiction to High Court and Court of Session in
the matter of revision.
Sec-397 : Revision :
Section 397(1) of Criminal Procedure Code empower the High Court and the
Session Judge
to call for records of any inferior criminal court
and examine them for the purpose of satisfying themselves
as to whether sentence, finding or order of such inferior court is legal,
correct.
HC may also, direct,
the execution of the sentence or order be suspended
and if the accused is in confinement that he be released on bail or on his own
bond pending the examination of the record.
In Munna Devi v. State of Rajasthan AIR 2002 SC 107, it was observed that
Revisional Powers can be exercised only when
it is shown that there is a legal bar against
the continuance of criminal proceedings or
framing of charge
or facts as stated in FIR even if taken at the face value and accepted in their
entiretly,
do not constitute the offence for which accused has been charged.
Revisional Court can not appreciate the facts in the manner as Trial Court or
appellate courts are expected to do.
Revisional jurisdiction in case of interlocutory orders :
Section 397(2) :
Revisional Jurisdiction shall not be exercised in respect of interlocutory orders
passed in any appeal, inquiry, trial or other proceeding.
In V.C. Shukla v. State through C.B.I. AIR 1980 SC 962 Supreme Court
observed that
the words ìnterlocutory order used in Section 397(2) relates to various stages

of the trial, namely appeal, inquiry, trial etc.

The object seems to be to cut down the delays in stages throughout which a
criminal case passes before it culminates in an acquittal, discharge or
conviction.
The expression ìnterlocutory order' has to be given a liberal construction in
favour of the accused in order to ensure fairness of the trial.
ALL order which substantially affects the rights of the accused or decides
certain rights of the parties cannot be said to be an interlocutory order so as
to bar the revision against order.
The revisional power of High Court and Session Judge could be attracted if the
order was not purely interlocutory but intermediate or quasi final."
Discuss : Reference : purpose and significance.

2016)
ANSWER :
Refer :
Sections 395 and 396 of Code of Criminal Procedure provide as to when Reference
can be made High Court and
Sec-395(1) :
If any court is satisfied that in a case pending before it,
involves a question as to validity of any Act, Regulation or Ordinance
or of any provision contained in an Act, Ordinance, Regulation
the determination of which is necessary for the disposal of the case
and which in the opinion of such court is invalid or inoperative
and has not been so declared by High Court or by Supreme Court,
the court shall state the case setting out its opinion and reason therefore
and refer the same for the decision of High Court.

Sec-396 :
The High Court shall pass such order thereon as it think fit,
and shall cause a copy of such order to be sent to the court by which the
reference was made,
which shall dispose of the case in accordance to the said order.

Difference between Reference and Revision :

(i) Reference is permissible when in a pending case, a substantial question arises
as to validity of any Act, Ordinance or Regulation or of any provision.
While, revision lies only on the question of correctness, legality or propriety of
any finding, sentence or order, or as to regularity of any proceeding.
(ii) Reference can be made in a pending case,
whereas Revision lies both in pending and decided cases.
(iii) Reference can be made to the High Court,
but Revision can be filed before High Court or Session's Court.
Discuss the provision relating to execution, suspension, remission and

commutation of sentences. (Nov-2011)
ANSWER :
Refer :

Discuss in detail : Provisions relating to Bail and Bonds.

Discuss all provisions relating to an accused person on bail in bailable offence.
(Nov-2011)
Discuss the provisions regarding release of accused person on on bail in non-
bailable offence. (Nov-2012)
Discuss in detail the provisions relating to an Accused Release on Bail in Non-
Bailable offences. (Oct-2013)
When an accused can be released on bail in non-bailable offence ? Explain. (Nov-
2014)
In non-bailable offences on which ground court grant the bails ? (Dec-2015)
Discuss all provisions relating to an accused person regarding his release on bail in
non-bailable offences. (Apr-2016)
Write short notes : Regular bail Sec-439. Anticipatory Bail. (Nov-2011)
Write Short Note : Anticipatory Bail (Nov-2012)
Explain in detail : Provisions of Anticipatory Bail (Oct-2013)
Write short note : Anticipatory Bail, (Nov-2014, Apr-2016)

Explain the legal provisions for Anticipatory Bill. (Dec-2015)

ANSWER :
Refer :
http://hanumant.com/CrPC-Unit6-Bond.html
http://kamkus.org/coursematerial/Criminal%20Procedure%20Code.pdf
Outline of the discussion : Chapter XXXIII of CrPC contains provisions regarding
bail.
What is Bail ? <refer to Module-1 discussion on bailable and non-bailable offences>
When, and When not, can Bail be granted?
Granting bail is the rule, denial is an exception
Section 436 : Bail for Bailable offences as a matter of right.
Section 437 : Regular Bail : Bail for Non-Bailable offences as a matter of
discretion by Magistrate.
Sec-437(2) At which stage ?
Sec-437(3) : Conditions on Bail
Sec-437(5) and Sec-439 : Cancellation of Bail
Sec-437(6) : Bail DURING the course of trial
Sec-437(7) : Bail AFTER conclusion of trial :
SC Guidelines for Regular Bail
Section 438 : Anticipatory Bail
What is "Anticipatory Bail" ?
Sec-438 : Procedure
Guidelines for Anticipatory Bail
Conditions for Anticipatory Bail
Sec-438(1) : Which courts are empowered to grant Anticipatory Bail ?
Sec-437(1) : Interim Relief to Applicant
Refusal of Anticipatory Bail
Cancellation of Anticipatory Bail
Section 439 : Special Powers of Hight Court and Court of Session
Cancellation of Bail :
When can bail be denied ?
Appeal Provision for Bail and Bond
Sec-440-450 : Provisions relating to Bond.
General Provisions of Bonds

Procedure on forfeiture of a Bond

What is Bail ?
<refer to Module-1 discussion on bailable and non-bailable offences>
When, and When not, can Bail be granted ?
The purpose of Bail is
to ensure that fundamental right to freedom of an accused are not violated prior
to him being proven guilty of an offence.
while ALSO to ensuring appearance of an accused before the court
whenever required.
However, granting bail is not advisable in all cases.
For example, a murderer, if let loose, may try to intimidate the witnesses, or he
may abscond altogether, or he may even commit another offence including
another murder. This is very bad for the society in general and reflects bad on
the justice system.
Thus, various rules and procedures have been formulated to make sure that only
the deserving are released on bail.
Provisions related to bail try to achieve a balance between the rights of the accused
and the protection of the society and effectiveness of the justice system.
Granting bail is the rule, denial is an exception :
In the 1980 case of Hussainara Khaton vs Home Secretory, it came to the Supreme
Courts attention that
thousands of people were rotting in jails for 3 to 10 years for petty crimes which
do not have punishment more than 6 months to an year.
This was because they were unable to pay bond money for bail and the courts were
too backlogged to hear their cases.
In this respect, J Bhagwati observed that the courts must abandon the antiquated
concept under which pretrial release is ordered only against bail with sureties.
Thus, in general, the intention of the justice system is to give bail and not jail
before the accused is convicted.
It is said that since the accused is presumed innocence, he must be released so
that he can fight for his defense.
Releasing a person on bail is the rule, its denial is an exception.
Sec-436 : Bail for Bailable offences -
A person accused of a bailable offence can demand to be released on bail as a
matter of right.
Sec-436 -
When any person other than a person accused of a non-bailable offence is
arrested or detained without warrant by an officer in charge of a police station,

or appears or is brought before a court,

and is prepared, at any time while-in the custody of such officer or at any
stage of the proceeding before such court, to give bail
such person shall be released on bail.
General provisions :
Further, such officer or court may
instead of taking bail from such person,
discharge him on his executing a bond without sureties for his appearance.
Sec-50(2) imposes an obligation on the police officer
to notify the detained person about his right to get bail if he is detained on a
bailable offence.
Sec-440(1) specifically provides
that the amount of bail cannot be unreasonably high.
Sec-436 mandates that an indigent person,
who is unable to provide any bail amount, must be released.
Note :
If a person is unable to provide bail amount for a week, then he can be
considered indigent.
Sec-436A allows a person to be released on his own surety
if he has already spent half the maximum sentence provided for the alleged
crime in jail.
However, this does not apply if death is one of the punishments specified for
the offence.
Sec-437 : Regular Bail : Bail for Non-Bailable offences -
When a person is detained for a non-bailable offence, he cannot demand to be
released on bail as a matter of right.
He can, still, request the court to grant bail.
Sec-437 (1) -
When any person accused of or suspected of the commission of any non-bailable
offence
is arrested or detained without warrant by an officer in charge of a police
station
or appears or is brought before a Court other than the High Court or Court
of Session,
he may be released on bail, but he shall not be so released
if there appear reasonable grounds for believing that he has been guilty of
an offence punishable with death or imprisonment for life:

Provided that,
the Court may direct that any person under the age of sixteen years or any
woman or any sick or infirm person accused of such an offence be released on
bail:
Provided further that,
Bail can not be denied
for the mere fact that an accused person may be required for being
identified by witnesses during investigation,
IF he is otherwise entitled to be released on bail and gives an undertaking
that he shall comply with directions given by the Court.
Provided also that if the offence alleged to have been committed by a person is
punishable with death, imprisonment for seven years or more,
no such person shall be released on bail by the Court under this sub-section
without giving an opportunity of hearing to the Public Prosecutor
Sec-437(2) Bail at which stage ? :
If it appears to such officer or Court at any stage of the investigation,
inquiry or trial,
that there are no reasonable grounds for believing that the accused has
committed a non-bailable offence,
but there are sufficient grounds for further inquiry into his guilt,
the accused shall be released on bail, or, at the discretion of such officer or
Court, on the execution by him of a bond without sureties for his
appearance.
Note :
A police officer or the court may also release a person from custody if he feels
that there are any special reasons. But he must record his reasons in writing.
If the investigation is not done within 24 hours, the arrested person must be
bought before the court and if required, the police must make a case to extend
the detention.
The court may extend the detention by 15 days. However, the detention cannot
extend more than 60 days (or 90 days, if the offence is punishable by death or
imprisonment for life), after which the accused must be released on bail.
This provision applies for bailable as well as non-bailable offence.
Sec-437(3) : Conditions on Bail :
if any person accused of an offence punishable with 7 yrs or more of
imprisonment is released on bail, the court may impose any condition on the bail
to ensure that the person will attend the court in accordance with the bond
executed by him,

or to ensure that the person will not commit a similar offence or otherwise in
interest of justice.
or to ensure that such person will not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case or tamper with the evidence.
The court may also impose, in the interests of justice, such other conditions as it
considers necessary.
Sec-437(5) and Sec-439 : Cancellation of Bail :
There was no provision for cancellation of the bail in the OLD code
SC in Talib's case (AIR 1958) held the absence of such provision as a lacuna
and recognized the power of High Court of cancellation of bail.
Sec-437 (5) :
any Court which has released a person on bail under section 437(1) or 437(2),
may direct that such person be arrested and commit him to custody.
Note : Only the court that has given the bail can cancel it. Thus, a bail given by
a police officer cannot be canceled by a court under this section.
For cancellation of such bail, the special power of High Court or Court of
Session under Section 439 has to be invoked.
Sec-437(6) : Bail DURING the course of trial :
If, in any case triable by a Magistrate, the trial of a person accused of any non-
bailable offence
is not concluded within a period of sixty days from the first date fixed for
taking evidence in the case,
such person shall, if he is in custody during the whole of the said period,
be released on bail to the satisfaction of the Magistrate, unless for
reasons to be recorded in writing, the Magistrate otherwise directs.
Sec-437(7) : Bail AFTER conclusion of trial :
At any time, after the conclusion of the trial of a person accused of a non-
bailable offence and before judgment is delivered,
IF the Court is of opinion that there are reasonable grounds for believing that
the accused is not guilty of any such offence,
it shall release the accused, if he is in custody, on the execution by him of a
bond without sureties for his appearance to hear judgment delivered.
Guidelines for Regular Bail : Supreme Court, in the case of Narsimhulu, AIR
1978, has given a set of considerations that must be given while giving bail in case
of non-bailable offences. These are -
the nature of the crime
the nature of the charge, the evidence, and possible punishment

the possibility of interference with justice

the antecedents of the applicant
furtherance of the interest of justice
the intermediate acquittal of the accused
socio-geographical circumstances
prospective misconduct of the accused
the period already spent in prison
protective and curative conditions on which bail might be granted.
Sec-438 : Anticipatory Bail :
What is "Anticipatory Bail" ?
Sec-438 is commonly known as provision for Anticipatory Bail, i.e bail in
anticipation of an arrest.
Anticipatory bail is technically an incorrect term because a bail can be given
only if a person has already been arrested.
In anticipatory bail, the court directs that the person be released on bail as soon
as he is arrested.
Thus, it is a direction to provide bail and not the bail itself.
Sometimes, lodging of non-bailable criminal cases are instigated against a
person due to extraneous reasons like, political motivation or personal vendetta,
etc.
These cause harassment to the accused person by getting him arrested and
inflicting humiliation, social stigma, etc.
Procedure :
Sec-438 -
When a person apprehends (i) arrest in a case of non-bailable offence, and (ii)
case is filed for extraneous reasons,
he may apply to Court of Session or the High Court under Sec-438 of CrPC
for a direction that he be released on bail upon his arrest.
and that Court may, if it thinks fit, direct that in the event of such arrest, he
shall be released on bail.
While applying under this section, the person has to explain the circumstances
because of which he believes he might be arrested.
Mere hunch or fear is not enough. He must also provide such evidence that
shows there is a reasonable probability that he will be arrested on accusation of
a non-bailable offence.
Note :
Anticipatory Bail can be given only upon a specific case of offence.

A generic direction or a blanket order to be released whenever the applicant is

arrested and on whatever offence is not allowed.
Guidelines for Anticipatory Bail : In granting such a direction the court takes
into account the following considerations -
1. The nature and gravity of the accusation.
2. The antecedents on the applicant including the fact as to whether he has
previously been imprisoned upon a conviction by a court in respect of a
cognizable offence.
3. The possibility of the accused to flee from justice
4. whether the accusation has been made with the object of injuring or
humiliating the applicant by having him arrested.
Conditions for Anticipatory Bail : The order may also include conditions such as
the person shall make himself available for interrogation by a police officer
whenever required,
the person shall not leave India,
the person shall not make any inducement, threat, or promise to any person
acquainted with the facts of the case,
or any other condition that the court may think fit.
Which courts are empowered to grant Anticipatory Bail ?
It is clear from Section 438(1) that,
Sessions Court & HCs are empowered to grant anticipatory bail :
Interim Relief to Applicant :
As per Section 438(1)A, the court may also grant an interim order and in that
case an opportunity is given to the public prosecutor present his arguments on
why the applicant should not be given bail.
As per Section 438(1)B,
if the court finds it necessary, it may require the applicant to be present
personally at the time of final order in the application.
Scope of Anticipatory Bail :
A bail under the direction of this section is equivalent to the bail given under
Section 437(1) and so it is applicable until the conclusion of the trial.
Refusal of Anticipatory Bail : Although, there is no specific provision that
prohibits granting anticipatory bail, there are certain situations where such bail is
normally not granted. These are -
1. In case of dowry death or wife harassment.
2. In case of economic offences
3. In case of atrocious crimes
Generally, a person accused of an offence that entails a punishment of death or

life imprisonment will not be given anticipatory bail.

In general, the court has a wide discretion in granting anticipatory bail. So the
court may deny Anticipatory Bail if it feels that it is not in the interest of justice.
Note :
Anticipatory bail cannot be applied for after the person is arrested. After arrest,
the accused must seek remedy of Regular Bail under Section 437.
Some high courts have held that the grounds mentioned in Section 437 for
denying regular bail are applicable for anticipatory bail as well.
Cancellation of Anticipatory Bail :
There is no specific provision that allows a court to cancel the order of
anticipatory bail.
However, in several cases it has been held that
when Section 438 permits granting anticipatory bail, it is implicit that the court
making such order is entitled upon appropriate considerations to cancel or
recall the order.
Special Powers of Hight Court and Court of Session :
Sec-439 :
1. A High Court or Court of Sessions may direct that
any person accused of an offence and in custody be released on bail.
or any person who has been released on bail be arrested and to commit him to
custody.
it may also impose any condition which it considers necessary.
it may set aside or modify any condition imposed by a Magistrate when
releasing any person on bail.
2. The High Court or the Court of Sessions shall, before granting bail to a person
who is accused of an offence which is triable exclusively by the Court of Sessions
or which is punishable with imprisonment for life,
give notice of the application for bail to the Public Prosecutor unless it is, for
reasons to be recorded in writing, of opinion that it is not practicable to give
such notice.
Note :
The power given by Section 439 for cancellation has no riders. It is a
discretionary power.
It is not necessary that some new events should take place subsequent to the
offender's release on bail for the Sessions Judge to cancel his bail. However, the
court usually bases its decision of cancellation on subsequent events.
Cancellation of Bail :
In the case of Surendra Singh vs State of Bihar 1990, Patna HC pointed out that a

bail may be cancelled on following grounds -

1. When the accused was found tampering with the evidence either during the
investigation or during the trial
2. when the accused on bail commits similar offence or any heinous offence
during the period of bail.
3. when the accused had absconded and trial of the case gets delayed on that
account.
4. when the offence so committed by the accused had caused serious law and
order problem in the society
5. if the high court finds that the lower court has exercised its power in granting
bail wrongly
6. if the court finds that the accused has misused the privileges of bail
7. when the life of accused itself is in danger
When can bail be denied ?
1. Bailable Offence :
As per Section 436(2), if a person has violated the conditions of the bail-bond
earlier, the court may refuse to release him on bail, on a subsequent occasion in
the same case.
He can also be asked to pay penalty for not appearing before the court as per
the conditions of the previous bail.
2. Non-bailable Offence :
It is clear that the provision for bail in case of non-bailable offences gives a
discretionary power to the police and and court. However, this power is not
totally without any restraint.
Sec-437 : Bail to be denied in the following conditions :
if there appears reasonable grounds for believing that the person has been
guilty of an offence punishable with death or imprisonment for life;
if such offence is a cognizable offence
and the person has been previously convicted of an offence punishable with
death, imprisonment for life or imprisonment for seven years or more, or he
had been previously convicted on two or more occasions of a non-bailable
and cognizable offence.
Note : The person may, however, be released on bail if such person is under
the age of sixteen years or is a woman or is sick or infirm.
Appeal Provision for Bail :
It has been held that an order granting bail is an interlocutory order and so it
cannot be challenged under the revisional jurisdiction of the Session Court or High
Court.

In general, there is no right of appeal against the decision of refusing the bail.
However, a person can always file for Special Leave Petition to High Court or
Supreme Court against such decision.
Some acts, such as POTA, explicitly grant a right to appeal against a decision of
refusal of bail to special courts.
Sec-441 : Provisions relating to Bond :
Sec-441 : Definition :
Before any person is released on bail or is released on his own bond, a bond for
an appropriate sum of money shall be executed by the person
and if required by one or more sureties,
stating that the person will appear before the court at the given date and time
mentioned in the bond.
In other words, a bonds provides a kind of monetary guarantee that the person
being released will appear before the court as and when required.
General Provisions of Bonds -
Section 440 - Amount of bond should not be excessive. High Court and Court of
Session have power to reduce the amount.
Section 441 - Court may accept affidavits in proof of fitness of sureties or it may
also hold an inquiry to determine the sufficiency of sureties.
Section 441 A - Every surety must state the number of person he is currently
standing surety for.
Section 442 - As soon as the bond is executed, the person should be released.
Section 443 - If through mistake, fraud or otherwise, insufficient sureties have
been accepted or if they afterwards become insufficient, the court may issue a
warrant of arrest and may ask him to provide fresh sureties.
Section 444 - A surety can apply to be discharged from the bond, in which case,
the person for whom the surety is given will be arrested and asked to provide
new surety.
Section 445 - A court may permit a person to deposit money instead of
executing a bond with or without sureties.
Section 446 - If a bond is forfeited, the sureties may be asked to pay the
penalty.
Section 446 A - When a bond for appearance of a person is forfeited for a breach
of condition, the bond executed by the person and the sureties shall stand
canceled.
Section 447 - If a surety becomes insolvent or dies, the court may ask for new
sureties.
Section 448 - If the person from whom bond is required is minor the court may

accept a bond executed by sureties only.

Section 449 - Appeal from orders under Section 446 will lie to Sessions Judge if
the order is made by a magistrate and to High Court if the order is made by
Sessions Judge.
Section 450 - The High Court or Court of Session may direct any magistrate to
levy the amount due on a bond for appearance or attendance at such High Court
or Session Court.
Procedure on forfeiture of a Bond - If the court is satisfied that the bond has been
forfeited -
1. It may ask any person bound by the bond to pay penalty or to show cause why
it should not be paid.
2. If sufficient cause is not shown and penalty is not paid, the court may proceed to
recover the same as if the penalty was a fine imposed by the court.
3. If the penalty cannot be recovered, the person bound as surety is liable to be
imprisoned in civil jail for up to 6 months
4. The court may remit any portion of the penalty and require the payment in part.
It must record its reasons for doing so.
5. If a surety to a bond dies, his estate shall be discharged from all liability in
respect of the bond.
Discuss : Approach of the Apex Court in granting Bail.

ANSWER :
Refer :

Write short note : Inherent powers of High Court (Nov-2012, Nov-2014, Dec-2015,
Apr-2016)
Discuss : Powers to quash FIR, Criminal Complaints and Criminal Proceedings.
Discuss : Guidelines given by the Apex Court while exercising quashing
powers by High Courts.
ANSWER :
Refer :
http://www.livelaw.in/inherent-powers-high-court-sec-482-cr-p-c/

http://www.livelaw.in/can-constitutional-courts-quash-fir/ - Particularly on abuse of

power.
http://www.legalservicesindia.com/article/article/the-inherent-powers-of-the-high-
court-1052-1.html
Outline :
Need for inherent powers to mould the procedure in the interest of justice :
Sec-482 : Powers to quash FIR, Criminal Complaints and Criminal Proceedings :
Inherent powers of the High Court :
Scope of Inherent Powers :
Which courts have inherent powers to do mould justice ?
Abuse of Sec-482 provision to quash FIR :
SC guidelines to HCs on exercising quashing powers :
Conditions for Use of Inherent Power :
Does bar of second revision u/s 397(3) CrPC apply to a petition u/s 482 CrPC ?
Does bar u/s 397(2) CrPC in relation to interlocutory order, apply to Sec-482 ?
Whether the inherent power can be exercised by a HC over a court which is not
subordinate to such HC ? (territorial jurisdiction of HC) :
Effect of delay : Limitation Act :
Intro :
Code of Criminal Procedure, 1973 provides the machinery for
prevention of crimes (Sections 106- 124, 129- 132 and 144- 153),
detection of crimes,
controls / regulations on investigation and trial of offences.
apprehension of suspected criminals,
collection of evidence,
determination of the guilt or innocence of the suspected person
imposition of suitable punishment on the guilty person.
maintenance of wives, children and parents (Sections 125- 128)
public nuisances (Sections 133- 143).
CrPC contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided
into 37 Chapters.
Need for inherent powers to mould the procedure in the interest of justice :
On the one hand CrPC has to give adequately wide powers to make the
investigation and adjudicatory processes strong, effective and efficient,
and on the other hand, it has to take precautions against errors of judgement
and human failures and to provide safeguards against probable abuse of powers
by the police or judicial officers.

This often involves

a nice balancing of conflicting considerations,
a delicate weighing of opposing claims, and
the extremely difficult task of deciding which of them should predominate.
In prescribing rules of procedure (eg in CrPC) legislature undoubtedly attempts to
provide for all the cases that are likely to arise;
but it is not possible that any legislative enactment would succeed in providing
for all the cases that may possibly arise in the future.
Lacunae are sometimes discovered in procedural law
and it is for the purpose of covering such lacunae and dealing with such cases
where such lacunae are discovered that procedural law invariably recognises the
existence of inherent powers in courts.
Such powers as are necessary,
to do the right and to undo a wrong in the course of administration of justice.
to mould the procedure to enable it to pass such orders as the ends of justice
may require.
Sec-482 : Powers to quash FIR, Criminal Complaints and Criminal
Proceedings : Inherent powers of the High Court :
Definition : Sec-482 : Saving of inherent powers of High Court :
Nothing in this Code shall be deemed to limit or affect the inherent powers of the
High Court,
to make such orders as may be necessary to give effect to any order under
this Code,
or to prevent abuse of the process of any Court
or otherwise to secure the ends of justice.
Section 482 CrPC is a verbatim reproduction of Section 561A of the OLD Code of
Criminal Procedure, 1898 (Old CrPC for short).
All that Sec-482 does is to preserve the inherent powers, vested through OLD
CrPC, of the High Court without conferring any additional powers.
Section 482 Cr.P.C. is a reminder to the High Courts that
they are not merely courts of law but also courts of justice and possess inherent
powers to remove injustice .
As the Inherent powers are vested in HC by law within meaning of Art 21 of
Constitution
any order of HC in violation of any right under Art 21 is not ultra vires.
eg Cancelling of bail bond by HC thereby depriving a persons personal liberty.
Scope of Inherent Powers :

Exercise of power under Section 482 Cr.P.C. is the exception and not rule . Section
482 CrPC envisages three circumstance under which the inherent jurisdiction may
be exercised, namely :-
i) to give effect to an order under the Cr.P.C.
ii) to prevent abuse of the process of court , and
iii) to otherwise secure the ends of justice.
Eventhough the inherent jurisdiction of the High Court under Section 482 is very
wide, following conditions apply,
It is to be exercised ex debito justitiae to do real and substantial justice for the
administration of which alone courts exist.
It has to be exercised sparingly, carefully and with caution and only when such
exercise is justified by the tests specifically laid down in the section itself.
It cannot also be invoked if its exercise would be inconsistent with any of the
specific provisions of the Code.
It is only if the matter in question is not covered by any specific provision of
the Code that Section 482 can come into operation,
subject further to the requirement that the exercise of such power must
serve either of the three purposes mentioned in the said section.
Which courts have inherent powers to do mould justice ?
Courts subordinate to the High Court have no inherent power under Sec. 482
Cr.P.C. or otherwise.
A Magistrate has no inherent power to restore a complaint dismissed for default.
As soon as the complaint is dismissed the Magistrate becomes functous officio and
has no longer any power to rehear the complaint.
A power to restore a complaint dismissed for default by the Magistrate is available
only to the High Court.
All Courts, whether civil or criminal, possess, in the absence of any express
provision, as inherent in their constitution.
Abuse of Sec-482 provision to quash FIR :
If information regarding the commission of a cognizable offence is made to the
officer in charge of a Police Station
he has no option except to register the F.I.R. and commence investigation,
UNLESS, it is a case of matrimonial/ family disputes, commercial offences,
medical negligence cases, corruption cases,
wherein preliminary inquiry is done before registration of FIR.
The purpose of lodging an F.I.R. statement is only to set the criminal law in motion.
Thus, an F.I.R. cannot be placed on the same pedestal as the charge sheet
(Police Report) or a complaint which alone are ordinarily the documents of

institution of a criminal case before a Court.

In case, the allegations made in the F.I.R. even if taken at their face value and
accepted in their entirety, do not prima facie disclose the commission of an offence,
In such situations, the inherent power to quash the proceedings at the initial
stage can be exercised.
However, sometimes, there is abuse of these inherent power.
In Lalita Kumari v. Government of U.P. (2014) 2 SCC 1 AIR 2014 SC 187
Constitution Bench of the SC observed :
IF is an F.I.R. is quashed, either as against the applicant alone or as against all
the accused persons.
a case alleging the commission of cognizable offences is nipped in the bud
even before the entire facts are unraveled.
The caution made by the Apex Court and other High Courts that the power under
Sec. 482 Cr.P.C. is to be exercised very sparingly and with circumspection is
very often forgotten by Judges passing such orders.
Instances are not rare, when pending the petitions for quashing the FIR,
an interim stay of all further proceedings is asked for and liberally granted.
What is really stayed is the investigation by the police,
overlooking the fact that investigation is a matter within the exclusive
dominion of the Police.
Even if the petition is eventually dismissed, incalculable harm might have been
caused in the matter by depriving the police of their right to collect evidence
before it is too late.
In cases where the F.I.R. alleges offences such as cheating or criminal breach of
trust etc
it could be argued in certain given cases that the subject matter of the claim is
really one within the cognizance of a civil court,
still the police can be apprised of the same during investigation and if in spite
of that the police were to charge-sheet the accused persons, they can
challenge the final report in appropriate proceedings.
But why quash the F.I.R. at a nascent stage of investigation ?
SC guidelines to HCs on exercising quashing powers :
The powers conferred on the High Court under Article 226 and 227 of the
Constitution and under Section 482 of the Code of Criminal Procedure have no
limits,
but more the power, more caution needs to be exercised while invoking these
powers.
The following cases have been stated by the Supreme Court, by way of

illustration wherein the extraordinary power under Article 226 or inherent power
under Section 482 can be exercised by the High Court to prevent abuse of process
of any court or to secure justice :
1. Where the allegations in the FIR/ complaint, even if they are taken at their
face value do not prima facie constitute any offence against the accused.
2. Where the allegations in the FIR or other materials do not constitute a
cognizable offence justifying an investigation by the police under Section 156(1)
of the code except under an Order of a Magistrate within the purview of Section
155(2).
3. Where the uncontroverted allegations in the FIR/complaint and the evidence
collected thereon do not disclose the commission of any offence.
4. Where the allegations in the FIR or other materials do not constitute a
cognizable offence but constitute a non- cognizable offence to which no
investigation is permitted by the police without Order of a Magistrate under
Section 155(2).
5. Where the allegations are so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion that there is sufficient
ground for proceeding against the accused.
6. Where there is an express legal bar in any of the provisions of the Code or
statute concerned (under which the proceeding is instituted) to the institution
and continuance of the proceedings
or where there is a specific provision in the code or in the statute concerned,
providing efficacious redress for the grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly attended with mala fide intention
and/or where the proceeding is maliciously instituted with an ulterior motive for
wrecking vengeance on the accused with a view to spite him due to private and
personal vengeance.
The Courts have been following these in dealing with requests for quashing criminal
proceedings.
The following principles in relation to the exercise of the inherent power of the High
Court have been followed ordinarily and generally, almost invariably, barring a few
exceptions :
A. That the power is not to be resorted to if there is a specific provision in the
Code itself for the redress of the grievance of the aggrieved party;
B. That it should be exercised very sparingly to prevent abuse of process of any
court or otherwise to secure the ends of justice;
C. That it should to be exercised as against the express bar of law engrafted in
any other provision of the Code.
Conditions for Use of Inherent Power : There are several conditions laid down by
various cases that indicate the circumstances under which this inherent power may be

used. These conditions may be enumerated as follows :

The jurisdiction is completely discretionary. The High Court can refuse to use the
power.
The jurisdiction is not limited to cases that are pending before the High Court.
It can consider any case that comes to its notice (in appeal, revision or
otherwise).
This power can be invoked only in an event when the aggrieved party is being
unnecessarily harassed and has no other remedy open to it.
The High Court, while exercising inherent jurisdiction should not usurp the
jurisdiction of the trial Court.
While exercising jurisdiction under Sec. 482 Cr.P.C. the High Court will not
embark upon an enquiry as to whether the evidence on record is reliable or not
to sustain the accusation against the accused.
This powers can be exercised to quash of proceedings when prima facie it appears
to Court that the trial would likely to be ended in acquittal.
eg where the complaint does not disclose any offence or is frivolous, vexatious
or oppressive. If the allegations set out in the complaint do not constitute the
offence of which cognizance has been taken by the Magistrate, it is open to the
High Court to quash the same.
The High Court has the power to provide relief to the accused even if s/he has not
filed a petition under section 482.
This power cannot be exercised if the trial is pending before the apex court and it
has directed the session judge to issue a non- bailable warrant for arresting the
petitioners.
The power under Section 482 is not intended to scuttle justice at the threshold but
to secure justice. Inherent power should not be exercised to stifle a legitimate
prosecution.
This power has to be exercised sparingly with circumspection. Inherent power
under Section 482 Cr.P.C. can be invoked only when there is no other remedy open
to the aggrieved party.
In exercise of the powers court would be justified to quash any proceeding if it
finds that initiation or continuance of it amounts to abuse of the process of Court
Does bar of second revision u/s 397(3) CrPC apply to a petition u/s 482 CrPC ?
The inherent power under Sec. 482 Cr.P.C. is different from the power of revision
under Sec. 397 Cr.P.C.
Therefore, in spite of the bar under Sec. 397 (3) Cr.P.C. for a second revision, a
petition under Sec. 482 would be maintainable.
Does bar u/s 397(2) CrPC in relation to interlocutory order, apply to Sec-482 ?
Generally speaking the bar put on revision of an interlocutory order under Sec. 397

(2) CrPC cannot be circumvented by invoking the inherent powers under Section
482.
But nothing in the Code, not even Section 397 can affect the amplitude of the
inherent power preserved in Section 482.
Where the impugned interlocutory order clearly brings about a situation which is an
abuse of the process of the court
then for the purpose of securing the ends of justice interference by the High
Court is absolutely necessary and nothing contained in Section 397 (2) can limit
or affect the exercise of the inherent power of the High Court.
Whether the inherent power can be exercised by a HC over a court which is not
subordinate to such HC ? (territorial jurisdiction of HC) :
The jurisdiction of the High Court is confined only to the Courts subordinate to it in
the State for which such High Court has been constituted.
A matter pending in a Court under the jurisdiction of another High Court cannot be
quashed by a HC in exercise of its inherent power under Section 482 Cr.P.C.
Effect of delay : Limitation Act :
Relief under Section 482 is not barred by any limitation since the power is
conferred to secure the ends of justice.
Hence, the mere fact that revision petition was filed at a belated stage cannot
provide legality to an order which is patently illegal or suffers from the abuse of
process of Court.
Conclusion :
Section 482 CrPC has a very wide scope and its really important for the courts to
use it properly and wisely.
Many a time it has been observed that when there is an issue of any money
matter, the petitioner instead of filing a civil suit files an FIR against the other
person just to harass him.
In such cases it becomes very important for the High Courts to quash such
complaints as it leads to the abuse of the process of the lower courts.
This section would enable the courts for providing proper justice and also should be
exercised to stop the public from filing fictitious complaints just to fulfil their
personal grudges.
*** End-of-Compilation ***

Source : Public domain print/ internet contents.

URLs of some such resources are listed herein above.

Credits/ copyrights duly acknowledged.
Suggested Readings :
Retanlal & Dhirajlal , Code of Criminal Procedure, Lexis Nexis -
Butterworths Wadhwa, Nagpur
Chandrasekharan Pillai (Ed), Kelkar Lectures on Criminal Procedure, Eastern, Lucknow.
Principles, Commentaries on the Code of Criminal Procedure, 2 Vol., Universal
Woodroffe : Commentaries on Code of Criminal Procedure, 2 Vol, Universal
Chandrasekharan Pillai (Ed), Kalkar's Outlines of Criminal Procedure,
Eastern, Lucknow.
AIR's Criminal Major Act, AIR, Nagpur
R.V. Kelkar, Criminal Procedure, Eastern Book Co.
C. K. Thakkar, Criminal Procedure Code, Eastern Book Co.
S. N. Mishra, Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice (Care & Protection of Children) Act, 2000, Central Law Publication
D. A. Sen, Criminal Major Act, Bharat Publication

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This is PREFACE. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4

Refer : Bare acts are a good source, in any subject of law :

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Module-1 Constitution and powers of Criminal Courts and Police Officers 3

Module-2 Maintenance of Public Order & Tranquility, Investigation, 69

Module-4 Appeals, Reference, Revision, Transfer of cases, Provisions 149

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This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4

Introduction to the subject of Criminal Procedure Code.

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the children under the J.J. Act. (Nov-2011)

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Introduction to the subject of Criminal Procedure Code.

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In a summary trial, no sentence of imprisonment for a term exceeding three

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3A. Bailable and non-bailable offences :

Cognizable offence Non Cognizable offence

Defined in Section 2(c) - "cognizable offence" Defined in Section 2(l) - "non-

Police has to record information about a As per Sec-155, Police has to

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 http://duralex.bhatt.net.in/

Cognizable offence Non Cognizable offence

prescribed for it and refer the

3C. Compoundable and non-compoundable offences :

Compoundable Offence Non Compoundable Offence

Offences classified as compoundable by

Private party as well as society

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Compoundable Offence Non Compoundable Offence

Full trial is held and acquittal or

In Bhima Singh vs State of UP, AIR 1974, SC held that

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Handing over of documents

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A trial must invariably end in acquittal or conviction of the accused.

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IF accused does not plead guilty OR his plea of guilt is rejected,

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Image : Stages in prosecution of an offence.jpg :

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Image : Stages in prosecution of an offence - with section nos.jpg :

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7. Judgment : acquittal OR conviction/sentencing :

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Discuss : Constitution, Classes of Criminal Courts.

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against the judgment of the High Court :

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(i) Courts of Session;;

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Image : Hierarchy (& Sentencing powers) of Criminal Courts.png :

Detailed notes on hierarchy of subordinate courts and their powers :