CODE OF CRIMINAL PROCEDURE 1

2 VIJAY LAW SERIES

Index
Index........................................... i-iii
Short Notes Index...................... iv-v
List of Cases...............................vi-viii
Table of Sections........................ ix-xix
Essay Questions and Answers...1-207
Short Notes Index...................... 208-209
Short Notes.................................210-220
Glossary......................................221-223
Important Questions.................. 224
Model Question Paper................225
Reference Books........................226
I The Code of Criminal Procedure, 1973
1.1 Object, Extent, Scope of the CrPC 1973 ............................... 01
1.2 Changes brought about by the CrPC, 1973 ............................ 02
1.3 Constitution of Criminal Courts/Hierarchy of Criminal Courts ... 04
2 Functionaries under the Code ............................................ 08
3 Classification of offences ................................................... 10
3.1 Cognizable and Non-Cognizable Offences .............................. 10
3.2 Bailable and Non-Bailable Offences ....................................... 11
3.3 Compoundable and Non-Compoundable Offences ................. 13
3.4 Summons Cases and Warrant Cases ...................................... 14
4 Distinction between Complaint and Report ....................... 15
4.1 Charge ................................................................................ 17
4.2 Investigation ......................................................................... 17
4.3 Inquiry ................................................................................. 18
4.4 Trial ..................................................................................... 18
4.5 Aid and information to Police and Magistrate .......................... 19
5 Arrest of persons ............................................................... 20
5.1 Arrest with warrant ............................................................... 21
CODE OF CRIMINAL PROCEDURE 3

5.2 Arrest without warrant .......................................................... 21

6 Process to compel appearance ........................................... 25
6.1 Proclamation and Attachment ................................................ 29
7 Process to compel production of things ............................. 33
7.1 Search Warrant/Search and Seizure ....................................... 36
7.2 Search without warrant ......................................................... 39
8 Security for keeping peace and good behaviour ................ 42
9 Maintenance of Wives, Children and Parents ................... 46
9.1 Maintenance of Wife ............................................................. 46
9.2 Maintenance of Muslim Divorced Woman .............................. 52
9.3 Maintenance of Children ....................................................... 55
9.4 Maintenance of Parents ......................................................... 57
10 Maintenance of Public Order and Tranquility.................... 58
10.1 Unlawful Assemblies/Dispersal of Unlawful Assemblies ............ 58
10.2 Public Nuisance/Prevention or Removal of Public Nuisance ..... 61
10.3 Urgent Cases of Nuisance or Apprehended Danger ................. 66
10.4 Disputes as to Immovable Property........................................ 69
11 Preventive action of the Police .......................................... 71
12 First Information Report (FIR) .......................................... 74
12.1 Confession ........................................................................... 79
12.2 Search ................................................................................. 85
12.3 Remand ............................................................................... 88
12.4 Case Diary........................................................................... 91
12.5 Police Report or Charge Sheet .............................................. 94
12.6 Inquest ................................................................................ 96
13 Jurisdiction of the Criminal Courts in Enquiries, Trials ..... 98
13.1 Cognizance of offences by Magistrate .................................. 101
13.2 Complaint to Magistrate ...................................................... 105
13.3 Dismissal of complaint ......................................................... 108
13.4 Commencement of proceedings before Magistrate ................ 110
14 Charges ........................................................................... 114
14.1 Joinder of Charges.............................................................. 117

15 Trial of Criminal Cases .................................................... 122

15.1 Trial before a Court of Session ............................................ 122
15.2 Trial of Warrant Cases by Magistrate ................................... 127
15.3 Cases instituted otherwise than a police report ...................... 130
4 VIJAY LAW SERIES

First Information Report or FIR

Section 154

F
IRST INFORMATION REPORT is popularly known as FIR. It is a re
port of information that reaches the police first in point of time and
that is why it is called the First Information Report. First Informa-
tion Report is a written document prepared by the police when they re-
ceive information about the commission of a cognizable offence, which are
serious in nature. It is generally a piece of information given to the police
either by the victim of a cognizable offense or by someone on his/her be-
half. Anyone can report the commission of a cognizable offence either
orally or in writing to the police. Thus the First Information Report can be
filed by any person. The person need not necessarily be the victim or the
injured or an eye-witness. First Information Report may be merely hear-
say and need not necessarily be given by the person who has firsthand
knowledge of the facts. Sometimes the FIR may be lodged by a person
who has secondhand knowledge of occurrence of the crime. A telephone
call can also be treated as the basis for an FIR.
Patai alias Krishna Kumar v. State of Uttar Pradesh 2010 Cri LJ
2815 it was held that the telephonic message to the Police station with
a request to reach the place of occurrence cannot be treated as FIR.
Surajit Sarkar v. State of W.B (2013) 2 SCC 146 it was held that
cryptic telephonic information by an unknown person informing death
of an unknown person to police cannot be treated as FIR.
Importance of FIR
FIR is a very important document as it sets the process of criminal
justice in motion. It is only after the FIR is registered in the police station
that the police take up investigation of the case. Anyone who knows about
the commission of a cognizable offence can file an FIR. It is not necessary
that only the victim of the crime should file an FIR. A police officer who
comes to know about a cognizable offense can also file an FIR.
CODE OF CRIMINAL PROCEDURE 5

Essentials
1. It must be an information given to the police
2. The information must relate to a commission of cognizable offence
3. It must be an information first in point of time
4. Investigation must commence on the basis of such information
5. It may be given by any person, need not be the victim of crime
6. It must be given free of cost to the informant
7. It must be entered in a book to be kept by police officer
Contents of FIR
The FIR must contain the following details. They are;
1. The informants name and address
2. Name and details of the people involved in the incident
3. Time, date and exact location of the incident
4. Precise facts and details of the incident as it occurred
5. Witnesses, if any
Refusal to register FIR
According to Section 154(3) it is mandatory on the part of the police to
register the FIR In all the cognizable offences. If the Police refuse to reg-
ister the FIR, the informant may send the substance of such information, in
writing and by post to the Superintendent of Police. On receipt of such
information in writing the Superintendent of Police, shall either investigate
the case himself or direct an investigation to be made by any police officer
subordinate to him. Such subordinate officer shall have all the powers of
an officer in charge of the police station in relation to that offence. How-
ever, police may refuse to register the FIR only in non-cognizable offences.
FIR in Non-cognizable offences
According to Section 155(2) no police officer shall investigate a non-
cognizable case without the order of a Magistrate having power to try such
case or commit the case for trial. According to Section 155(3) any police
officer receiving such order may exercise the same powers in respect of
the investigation (except the power to arrest without warrant) as an officer
in charge of a police station may exercise in a cognizable case. According
to Section 155(4) where a case relates to two or more offences of which at
least one is cognizable, the case shall be deemed to be a cognizable case,
notwithstanding that the other offences are non cognizable.
6 VIJAY LAW SERIES

FIR in Cognizable offences

According to Section 156 a police officer has power to investigate into
a congizable offence without the order of Magistrate or without a formal
First Information Report. If the police do not investigate, the Magistrate
can order the investigation. According to Section 157 where information
as to commission of a cognizable offence is received, the officer-in-charge
of a police station has a right not to investigate, if he considers that there is
no sufficient ground for such investigation.
Evidentiary value of FIR
Though the FIR is not substantive evidence, because a) it is not made
during trial b) it is not given on oath c) it is not tested by cross examination.
However, it can be used to corroborate the informant under Section 157
of the Evidence Act or to contradict him under Section 145 of the Act if the
informant is called as witness at the time of trial.
Use of FIR
Even though FIR is not a substantive piece of evidence it can be used for;
a. corroborate the statement of the eyewitnesses
b. contradicting the evidence of person giving the information
c. proving as an admission against the informer
d. refreshing informer's memory
e. impeaching the credit of an informer
f. proving informer's conduct
g. establishing identity of accused and witnesses
Delay in filing FIR
An officer-in-charge of a police station has to immediately register a
First Information Report (FIR) based on a complaint or the information
given by a victim regarding any cognizable offence. Delay in lodging an
FIR is fatal when not satisfactorily explained. The inordinate delay in registra-
tion of FIR casts a cloud of suspicion on the credibility of prosecution story.
Delay in giving FIR can be condoned if there is satisfactory explanation.
Omission of the names of the accused, witnesses in FIR
If the name of the accused is omitted although known to the maker, the
case against him becomes doubtful. Even though the name of the accused
is not mentioned in FIR, an action can be taken against such omitted per-
son. Thus the absence of name of accused in F.I.R. goes strongly in favour
of accused and can be taken into consideration while determining prob-
CODE OF CRIMINAL PROCEDURE 7

abilities of the case. Similarly there is no requirement of mentioning the

names of all the witnesses in the FIR.
Second FIR
Generally there must be only one FIR. Sometimes the Court may per-
mit second FIR. If the second FIR relates the same incident in respect of
the same occurrence or in regard to the incidents which are two or more
parts of the same transaction it is not permissible and liable to be quashed.
However, if the second FIR relates to the two different incidents or crimes,
the Second FIR is permissible.
Evaluation
1. What is FIR? How far is it important in a criminal trial? Give brief account of
powers of the police to investigate.
2. What is evidentiary value of an FIR in criminal trial? Explain the consequences of
delay in filing FIR?
3. It is not necessary that FIR should contain minute or all the details Discuss in
the light of the provisions laid down under Section 154 of Cr.P.C
Problem
X made a telephone call to the police station requesting the officer in charge of
the police station to reach the railway station for investigation of a murder. The
police authorities states that statement cannot be treated as first information
report because there was no proof regarding sending of any information. Decide
Issue 1. A telephone message given to the police would amount to FIR?
2. Whether police can start investigation such phone information?
Rule Section 154(1) of CrPC: First Information Report.
Application According to Section 154(1) if the information is given orally to an
officer-in-charge of a police station, it shall be reduced to writing by
him or under his direction and it shall be read over to the informant.
Every such in formation, whether given in writing or reduced to writ
ing shall be signed by the person giving it.
Sidhartha Vasist @ Manu Sharma v. State (NCT) Delhi AIR 2010 SC
2352 it was held that the cryptic telephonic message cannot be treated
as FIR as the object the message is to get the police to move to the
scene of occurrence and not to register the FIR.
Reference Cases: State of Maharashtra v. Ahmed Shaikh Babajan
and others (2010) 1 SCC (Cri) 1356
Conclusion In the instant case the telephonic message to the Police station with
a request to reach the place of occurrence cannot be treated as FIR.
8 VIJAY LAW SERIES
Shortnotes Index
Addl. Chief Judicial Magistrate.......... 05
After Care Organisation 195
Alteration in allowance....................... 50
Anticipatory bail..................................210
Appeal...................................................210
Arrest by private person ....................210
Arrest how made?...................................210
Arrest.....................................................211
Arrest with warrant..............................211
Arrest without warrant........................211
Arrests by Magistrate.........................211
Assistant Public Prosecutor ................08
Attachment of property......................211
Autrefois Acquit/Convict...................211
Bail................................. ........................178
Bail of juvenile......................................212
Bailable Offences.................................212
Borstal Schools....................................190
Case Diary.............................................212
Charge Bargaining...............................138
Charge ...................................................212
Chief Judicial Magistrate....................212
Child Welfare Committee ....................212
Closure Report .......................................94
Cognizable Offences ...........................213
Cognizance ...........................................101
Complaint..............................................213
Completion Report.................................94
Compoundable Offences....................213
Compounding.......................................148
Confession............................................213
Court of Session ....................................05
Courts of Judicial Magistrates...........213
Courts of Metropolitan Magistrates....213
Defence Counsel....................................09
Delay in filing FIR..................................77
Diary of Proceedings.............................91
Dismissal of complaint........................214
Evidentiary value of confession..........82
Evidentiary value of FIR.....................214
Examination of the accused................214
Exculpatory Confession .......................84
Executive Magistrate...........................214
Extra-Judicial Confession .....................79
Fact Bargaining....................................214
Final Report ............................................94
FIR by accused ....................................214
Form of warrant of arrest ......................26
Framing of charge................................214
Illegal search...........................................86
Importance of FIR................................214
Inquest ..................................................214
Inquiry...................................................215
Investigation ........................................215
Issue of process ..................................110
Joinder of charges ...............................215
Judgment...............................................150
Judicial Confession .............................215
Juvenile Homes....................................215
Juvenile Justice Board ........................215
Maintenance of Children......................55
Maintenance of Parents........................57
Maintenance of Wife...........................215
Metropolitan areas ................................05
Non-bailable offences.........................216
Non-Cognizable Offences ..................216
Non-Compoundable Offences...........216
Objectionable articles ...........................37
Observation homes .............................216
Panchanama..........................................216
Parole.....................................................216
Plea Bargaining ....................................217
Police Report ........................................217
Probation...............................................217
CODE OF CRIMINAL PROCEDURE
Shortnotes Index
A
NTICIPATORY BAIL IS a bail in
expectatin of an arrest on
accusation of having committed
a non-bailable offence. It is a direction
to release a person on bail, issued even
before the person is arrested. Section
438 is not applicable for the persons who
were already arrested. Hence when any
person apprehends that there is a move
to get him arrested on false or trump up
charges, or due to enmity with someone,
or he fears that a false case is likely to be
built up against him, he has the right to
move the Court of Session or the High
Court under section 438 of the code of
Criminal Procedure for grant of bail in
the event of his arrest, and the Court
may, if it thinks fit, direct that in the event
of such arrest, he shall be released on
bail. Anticipatory Bail can be granted
by Sessions Courts, High Courts and
Supreme Court. Anticipatory bail is also
known as Pre-arrest Bail.
Appeal is a complaint to a superior Court
of an injustice done or error committed
by an inferior one, whose judgment or
decision the Court above is called upon
to correct or reverse. Section 372
provides that no appeal shall lie from any
judgment and the order of criminal Court
except as provided by this Code or by
any other law for the time being in force.
Therefore, the general bar of appeal
against any judgment or the order of a
criminal Court unless expressly provided
by this Code or any other law for the time
being in force is maintained.
Arrest by private person without a
warrant: Section 43 provides a provision
9
for arrest by private person and
procedure on such arrest. According to
Section 43 any private person may arrest
any person who in his presence commits
a non-bailable and cognizable offence,
or any proclaimed offender, and, without
unnecessary delay, shall hand over such
arrested to a police officer or, in the
absence of a police officer, take such
person in custody to the nearest police
station. If there is reason to believe that
such person comes under the provisions
of Section 41, a police officer shall re-
arrest him.
Arrest by Private Person: Generally
police officer has power to arrest, but
Section 43 empowers a private person
also to make arrest without warrant under
certain situations. However, the arrest
made by a private person of the offender
shall satisfy three conditions such as; a)
The offence must be one committed in
his presence; b) The offence must be
cognizable and c) The offence must be
non-bailable
Arrest how made? Section 41-44 of the
Code provides the procedure in which
police officers, Magistrates and private
citizens are authorized to make arrest
without warrant. Section 46 prescribes
the manner in which the arrest can be
effected. According to Section 46, in
making an arrest the police officer or
other person making the same shall
actually touch or confine the body of the
person to be arrested, unless there be it
submission to the custody by word or
action. If such person forcibly resists
the endeavour to arrest him, or attempts
10
Shortnotes Index
Adjournment............................................219
Admissions..............................................219
Amendment of pleadings.....................219
Amendment of written statement......219
Amendment of written statement......219
Appeal against ex parte decree.........219
Arrest and detention...........................219
Arrest Before Judgment.....................220
Attachment before judgment ............220
Attachment of property.......................220
Bar of limitation...................................220
Cause of Action...................................220
Caveat......................................................220
Commissioner.........................................221
Computation of Limitation..................221
Condonation of Delay.................221
Constructive res judicata.............221
Continuous running of time............221
Counterclaim................................221
Decree...................................221
Decree-holder..............................222
Deemed Decree..............................222
Doctrine of Res Sub-Judice.................222
Equitable Set off ...........................222
Ex parte injunction........................222
Execution of Orders......................222
Ex-parte Decree............................223
Final Decree..............................223
First Appeal................................223
Foreign Judgment............................223
Framing of Issues..........................223
Garnishee Order..................................223
Indigent Persons.................................223
Inherent powers.............................224
Injunction...................................224
Interim Order and Stay.......................224
Interlocutory Orders...........................224
Interpleader Suit............................224
Interrogatories.................................224
Joinder and Misjoinder of Parties........225
Joinder of cause of action....................225
VIJAY LAW SERIES
Joinder of defendants............................225
Joinder of plaintiffs...........................225
JudgmentJudgment............................225
Jurisdiction.....................................225
Legal Set off........................................225
Limitation............................................226
Methods of service of summons.........226
Misjoinder of Causes of Action..........226
Mis-joinder of parties...........................226
Misjoinder..................................226
Mixed issues of law and fact................226
Non-joinder of parties........................226
Order........................................227
Partial abatement..............................227
Pecuniary jurisdiction..........................227
Permanent injunction............................227
Plaint............................................227
Pleadings..........................................227
Precepts...........................................227
Preliminary Decree..........................228
Pro Forma Defendant.......................228
Ratio decidendi...................................228
Receiver.............................................228
Reference..........................................228
Rejection of plaint................................228
Representative suit..........................228
Res judicata......................................228
Res Sub-Judice.....................................229
Restraining order....................................229
Return of plaint.................................229
Review...........................................229
Revision..........................................229
Second Appeal...................................229
Set-off..................................................229
Stay...................................................230
Suits in Forma Pauperies...................230
Suits of civil nature............................230
Summons........................................230
Temporary injunctions...................230
Written statement...............................230
CODE OF CRIMINAL PROCEDURE
Shortnotes
A
djournment: Adjournment means
postponement or recess or break.
As a general rule, after the
hearing of a suit is commenced, it shall
continue without break till the suit is
finally disposed of. But adjournment is
an exception to such general rule. An
adjournment is a suspension of
proceedings to another time or place. To
adjourn means to suspend until a later
stated time or place. Once the hearing of
evidence has begun, the hearing has to
continue from day to day till all the
witnesses have been examined.
Admissions: Admission means
acceptance. It is an acknowledgment or
declaration of a fact or truth. In civil suits,
each party is permitted to submit a written
list of alleged facts and request the other
party to admit or deny whether each is
true or correct. Admission may be made
before the suit or after filing of the suit.
When a party accepts certain facts stated
in the pleadings of the opposite party, it
is said to have admitted those facts.
Affidavit: Affidavit: Affidavit is a sworn
statement in writing made under oath or
on affirmation before an authorized
Magistrate or officer. It is a written
statement of fact made voluntarily, and
signed before an authority empowered
to administer such oaths. Affidavits
generally name the place of execution and
certify that the person making it states
certain facts and appeared before the
officer on a certain date and subscribed
and swore to the statement. The person
who makes an affidavit is called
deponent or affiant.
Amendment of pleadings: The Court may
at any stage of the proceedings allow
either party to alter or amend his pleadings
in such manner and on such terms as may
11
be just, and all such amendments shall
be made as may be necessary for the
purpose of determining the real question
in controversy between the parties. No
application for amendment shall be
allowed after the trial has commenced,
unless the Court conies to the conclusion
that in spite of due diligence, the party
could not have raised the matter before
the commencement of trial.
Amendment of written statement:
According to Order 6 Rule 17 the Court
may at any stage of the proceedings
allow either party to alter or amend his
pleadings. A defendant can be allowed
to amend the written statement to enable
him to raise an additional ground of
defence even if he failed to raise that
ground in the first instance if an
additional ground is not inconsistent with
the original case. Where right of plaintiff
is going to be jeopardized by the
amendment of written statement it should
not be allowed.
Appeal against ex parte decree: Appeal
against ex parte decreeAppeal is a judicial
re-examination or review of the decision
by a higher court of the decision of a
lower Court. An appeal is a petition for
review of a case that has been decided
by a court of law. The petition is made to
a higher court for the purpose of
overturning the lower courts decision.
The memorandum of appeal contains the
grounds on which the judicial
examination is invited. An appellate court
is a court that hears cases on appeal from
another court
Arrest and detention: Arrest and
detention Arrest and detention is one of
the most important means of execution
of a decree. According to Section 55 a
judgment-debtor may be arrested in
12
Glossary
Abandoned: neglected
Abduction: kidnap by force
Abets: encourage, assist
Abridged: shorten, reduced
Absconder: avoider of a legal process
Absurd: meaningless
Abuse: neglect, misuse
Accomplice: partner in crime
Accusation: charge, blame
Accused: person charged
Acquainted: familiar
Acquittal: release, freeing
Adaptation: adjustment
Adduced: proof to support
Adjective Law: rules of practice
Adjourn: postpone
Adjudication: settlement
Admonition: scolding, warning
Adolescents: teenagers
Adulteration: ruining
Affray: fighting in public
Aggrieved: sufferer, wounded
Alimony: maintenance, grant
Alleging: claiming
Amendment: alteration, change
Annul: cancel
Anonymous: nameless, unknown
Antecedents: past history
Anticipatory bail: Pre-arrest Bail
Appeal: complaint to a superior Court
Apprehending arrest: expecting arrest
Apprehension: fear, worry
Arbitrary: illogical
Arrest: taking a person into custody
Assaulted: beaten
Attachment: seizing property
Autrefois acquit: previously acquitted
Autrefois convict: previously convicted
Bail: release from legal custody
Barred: banned, excluded
VIJAY LAW SERIES
Beggary: state of being a beggar
Broken homes: destroyed residence
Bruises: damage
Case Diary:police diary
CD: case diary
Charge: to accuse
Charge-sheet: final report of charges
Chronological: year wise in order
Circumspection: caution, care
Circumstantial evidence: indirect proof
Citation: quote, reference
Cognizable Offence: serious crime
Cognizance: to take notice of judicially
Commutation: reduction of punishment
Compliance: fulfillment
Complied with: obeyed with
Complying: obeying
Compounding: compromising
Concur: agree
Concurrently: at the same time
Condition precedent: pre-condition
Conferred: granted
Confession: admission of guilt
Confiscation: taking away
Conformity: compliance
Consistent: in harmony
Consonance: simultaneous harmony
Conspicuous: eye-catching
Conspiracy: plan, plot
Contending: challenging
Contradiction: disagreement
Contravention: breaking
Conventions: meetings
Conviction: guilty judgment
Corroboration: support
Counterfeit: fake, bogus
Criminality: criminal practice
Criminologist: scientist of crimes
Cross-examination: traverse questioning
Culpable: guilty
CODE OF CRIMINAL PROCEDURE 13

Reference Books

Batuk Lal Code of Criminal Procedure,1973 Orient Publishing Co.

Durga Das Basu Criminal Procedure Code, 1973 Lexis Nexis Butterworths
Wadhawa, Nagpur
Kelkar R.V Criminal Procedure, Eastern Book Company, Lucknow
Misra S.N The Code of Criminal Procedure with Probations of
Offenders Act & Juvenile Justice Act, Central Law
Publications, Allahabad
Mitra B.B Code of Criminal Procedure, Kamal Law House, Kolkata
Paranjape N.V Code of Criminal Procedure, Central Law Agency,
Allahabad
Rathanlal & Dhirajlal Code of Criminal Procedure, Lexis Nexis Butterworths
Wadhawa, Nagpur
Sarkar S.C Law of Criminal Procedure, Lexis Nexis Butterworths
Wadhawa, Nagpur
Saxena R.N The Code of Criminal Proceudre, Central Law Agency,
Allahabad
John Woodroffe Commentaries on Code of Criminal Procedure
Soonavala. J.K. Supreme Court Criminal Digest, Lexis Nexis Butterworths
Wadhawa, Nagpur
Surendra Malik Sudeep Malik Supreme Court on Criminal Procedure
Code and Criminal Trial, Eastern Book Co.Lucknow
Tandon Code of Criminal Procedure,Allahabad Law Agency,
Faridabad
Thakker. C.K Criminal Procedure Code,Lexis Nexis Butterworths
Wadhawa, Nagpur