Law of Crime

UNIT- I`
1. Various powers of Courts. What are the modes of conferring and
withdrawals of powers?
INTRODUCTION:- Chapter III of the code deals with Powers of
Courts to take cognizance of the offences. For this purpose the offences
are divided into two groups, i) Offences under IPC and ii) offences
under any other law. The courts by which these offences are triable are
specified below:-
Courts by which offences are triable:- As per provisions laid down
in section 26 the courts by which offences are triable:-
1. a) Any offence under IPC-45 may be tried by High Court. B)
Session Court. c) Any other court by which such offence is shown in the
first schedule to be triable.
2. Any offence under any other law, when any Court is mentioned in this
behalf in such law, be tried by: i) High Court. ii) Any other court by
which such offence is shown in the first schedule.
Section 27: Jurisdiction in the case of Juveniles: Any offence not
punishable with death or imprisonment for life who at the date when he
appears or is brought before court under the age of 16 years may be tried
by the court of CJM or any other court which specially empowered.
Sentences which High Courts and Session Judges may pass: - As per
provision laid down in Sect. 28 of the code that:- (i) High Court may
pass any sentence authorized by law. (ii) Session Judge or ADJ may pass
any sentence authorized by law but any sentence of death passed by such
judges shall be subject to confirmation by the High Court.
Sentences which Magistrates may pass:- Sec.29 of Code, The court of
CJM may pass any sentence authorized by law except sentence of death
or of imprisonment for life or imprisonment for a term exceeding 7 years.
The court of Magistrate of Ist.Class may pass a sentence of
imprisonment for a term not exceeding three years or of fine not
exceeding Rs.10, 000.
The court of 2nd Class Magistrate may pass an imprisonment for a
term not exceeding One year or of fine not exceeding Rs.5000/- or of
both.
 Sentence of Imprisonment in default of fine:-The court of Magistrate
may award such term of imprisonment in default of payment of fine as
authorized by law under sec.30 of the code, not exceeding one fourth of
the term of imprisonment and also not excess of the powers of
the Magistrate u/s 29.
Sentence in cases of conviction of several offences:- Under Section 31
of code, when a person is convicted at one trial of two or more offences
the court may subject to the provisions of section 71 of IPC sentence
him for such offences to the severalpunishments prescribed therefore
which such court is competent to inflict and pass such order and may
direct unless the court directs that such punishments shall run
concurrently, provided that:
1. In no case shall such person be sentenced to imprisonment for a longer
period than fourteen years. 2. The aggregate punishment shall not
exceed twice the amount of punishment which the court is competent to
inflict for a single offence. 3. For the purpose of appeal by a convicted
person the aggregate of constructive sentences passed against him shall
be deemed to be a single sentence.
MODE OF CONFERRING POWERS:-1. In conferring powers under
this code the High Court or the State Government as the case may be by
order empower person especially by name or in virtue their offices or
classes of officials generally by their official titles.
2. Every such order shall take effect from the date on which it is
communicated to the person empowered.
WITHDRAWAL OF POWERS:-Section 34 of the code described that
The High Court or the State Government as the case may be may
withdraw all or any of the powers conferred by it under this code on any
person or by any officer subordinate to it.
2. Any powers conferred by the CJM or the District Magistrate may be
withdrawn by the respective magistrate by whom such powers were
conferred.
Powers of judges & Magistrates exercisable by their successors-in-
office:- Under sec.35 of this code, the powers and duties of a judge or
Magistrate may be exercised or performed by his successor-in-office.
 2. When there is any doubt as to who is the successor-in-office of any
additional or Assistant Session Judge, the Sessions Judge shall
determine by order in writing the Judge who shall for the purposes of
this code or of any proceedings or order there under be deemed to be
successor-in-office of such Addl. Or Assistant Sessions Judge.
3. When there is any doubt as to who is the successor-in-office of any
Magistrate the CJM or the District Magistrate as the case may be shall
determine by order in writing the proceeding or order there under be
deemed to be successor-in-office of such magistrate.
2. Under what circumstances has a wife got to get maintenance from
her husband? Can this right be exercised by parents and legitimate
children? Explain.
Dharamshastras have described the maintenance of wife, children and
parents a moral duty of every person. Manusmriti in its chapter has
confirmed this statement and also agreed to it that every person should
maintain his wife, minor children and parents even after performing 100
obligations. Law also provides for maintenance of person.
Right to maintenance of Wife, children and parents:-Sec125 of the
Criminal Procedure Code, lays down the provisions of wife’s, children’s
and parent’s right to maintenance. According to it: - If any person
having sufficient means 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 herself.
c) His legitimate or illegitimate child (not being a married daughter)
Who has attained majority, where such child is by reason of herself.
d) His father or mother, unable to maintain himself or herself. Rohtas
Singh V/s. Smt. Remendri-2000.
Right of Maintenance of Illegitimate Child:-Sec. 125 (1) (b) and (c) of
the code provides the right of maintenance to illegitimate son from his
father if:-
a) He is unable to maintain himself or is a minor.
b) If major then is unable to maintain him due to physical or mental
abnormality injury.Smt.YamunabaiAnantraoV/sAnantraoShivram-
1988.
 Parent’s right of Maintenance:- Sec. 125 (1) (d) of the code provide
parents the right of maintenance from their son, provided that:-
a) They are unable to maintain themselves, and
b) Son has the sufficient means to maintain.
Dr. Smt. Vijay ManoharArbatVsKashiraoRajaramSawai-1987.
Section 125(4) of the code provides that wife shall not be able to take
maintenance from his husband in following situations:-
a) When she lives in adultery.
b) When she refuses to live with husband without any sufficient reason.
c) When they live separately by mutual consent. Dev Narayan HalderV/s
Smt. AnushreeHalder-2003. Wife can claim maintenance when she
lives separately from husband with sufficient reasons. T.C
ChakoVsAnnamma-1994.
Following are considered sufficient reasons for living separately:-
a) When husband has contracted marriage with another women.
b) When husband keeps concubine and behaves with cruelty.
c) When the husband is unable to have sexual intercourse due to impotency.
Amount of Maintenance:-The amount of maintenance has not been
fixed under Sec.125 of the code. Earlier, this amount of Rs. 500/-
maximum for every person, but by the Criminal Procedure Code
(Amendment) Act, 2001, the maximum limit has been abolished. Now
this amount depends upon the discretion of the magistrate.
Magistrate can order for the amount of maintenance which it considers
sufficient. Generally the amount is fixed considering the position of
parties, necessities, income of the husband etc. The amount of
maintenance could be altered under Sec. 127 when there is change in the
circumstances. This amount can be increased or decreased.
When shall be the Maintenance paid:-Sec.125 (2) of the code provides
that the amount of maintenance shall be paid:-From the date of order, or
from the date of application.
Application for Maintenance:-Sec.126 of the code provides that
proceeding under 125 may be taken against any person in any district:-
a)Where he is or where he or his wife resides. B) Where he last resided
with his wife, or as the case may be, with the mother of the illegitimate
child. Case KumudumV/skanappam-1999.
Consequences of Non-Compliance of Order:-Sec.125 (3) of the code
provides that if any person fails to comply with the order without
sufficient cause, then the magistrate may, for every breach of the order,
issued a warrant for levying the amount and after the execution of the
warrant may sentence such person for the whole or any part of each
month’s allowance remaining unpaid, to imprisonment for a term which
may extend to one month.
3. what are the cases in which a person is required to execute bond
for maintaining peace for good behavior? Illustrate your answer.
Peace and Good behavior are two important expectations of a civilized
society. It is also the duty of state to attempt to maintain peace and good
behavior. The sec. 106 to sec. 110 of the Criminal Procedure Code, 1973
takes a step in this direction. Provision related to peace and good
behavior is following.
1. Security for keeping peace on Conviction:- Sec.106 provides for
security for keeping peace on conviction. According to it-when a court
of session or court of first class magistrate convicts any person for any
of the following offences or of abetting such offence and is of the
opinion that it is necessary to take security from such person for keeping
peace, then the court may order him to execute a bond, with or without
sureties’ for keeping the peace for such period not exceeding three
years:-
a) Any offence which consists of assault or using criminal force ore
committing mischief. B) Any offence of criminal intimidation.c) Any
other offence which caused, or was intended or known to be likely to
cause, a breach or peace. Inder Singh VsHarbans Singh-1955.
2. Security for keeping peace in Other Cases:- Sec. 107 of the code
lays down the provision for demand of security for keeping peace in
certain matters. According to it: - a) A breach of peace. b) Disturb the
public tranquility. c) Any wrongful act that may probably occasion a
breach of peace or disturb the public tranquility. Then he may ordered
that he shall execute a bond with or without sureties for keeping peace
for such period not exceeding one year. (Ramnarayan Singh V/s State
of Bihar-1972.
3. Security for good behavior from persons disseminating Seditious
Matters:-Sec 108 lays down provision for taking security from person
disseminating seditious matters.
a)Any matter the publication of which is punishable under section 124-
A or Sec 153A or Sec 153B or Sec 295A or the Indian Penal Code (45
of 1860). b) Any matter concerning a judge acting or purporting to act in
the discharge of his official duties which amounts to criminal
intimidation or defamation under the Indian Penal Code (45 of 1860).
Then such magistrate may demand such person to execute a bond, with
or without sureties’, for his good behavior for such period not exceeding
one year. This system has been declared constitutional in the public
interest Kedarnath Singh V/s State of Bihar, 1962.
4. Security for good behaviour from Habitual Offenders:- Sec.
110 of the code lays down the provision for demand or security for good
behaviour from habitual offenders. According to it, when an executive
magistrate receives information that there is within his local jurisdiction
a person who:- a)Is by habit a robber, house-breaker, thief, or
forger, b)Is by habit a receiver of stolen property knowing the same to
have been stolen.
c) Habitually protects or harbors thieves, or aids in the concealment or
disposal of stolen property. d) Habitually commits, or attempts to
commit, or abets the commission of, the offence of kidnapping,
abduction, extortion, cheating or mischief. e) Habitually commits or
attempts to commit, or abets the commission of, offences, involving a
breach of peace.
f) Habitually commits, or attempts to commit, or abets the commission
of any offence under:-Then such may require such person to execute a
bond with sureties for his good behaviour for such period not exceeding
three years.
Procedure:-Sec.111 to Sec 124 of the Criminal Procedure Code, 1973
lays down the procedure for taking security keeping peace and good
behavior:-
1. When the magistrate receives any information under sec 107,108, 109
or sec 110 then the magistrate shall order him explaining the following
points i) with the intention to require him to show cause why he should
not execute a bond for keeping peace or good behavior Banarsi V/s
Neelam-1969.
a. If such person is not present in the court, then he shall be issued a
summon and if such person is in custody than a warrant directing the
officer in whose custody he is to bring him before the court shall be
issued(Sec 113). b. Every summons or warrant shall be accompanied by
the copy of order (Sec 114). c. If upon such inquiry, it is proved that it is
necessary for keeping peace and maintaining good behaviour that such
the magistrate shall require such bond (Sec 117). Here it is important
that the ordered bond and amount of bond should be justifiable. It should
not be so much that the related person cannot execute a bond of such
amount.(Mohammed) 1. The bond to be executed by any person shall
bind him to keep the peace or maintain good behaviour, and if such
person commits later any offence or attempts to commit or its abetment
then it shall be considered the breach of bond (Sec. 120)2. The period of
bond shall commence on the date of such order. If such person is
undergoing imprisonment then such period shall commence on
expiration of such sentence.(Sec 119).
Here, it is important that:- a) A magistrate may refuse any surety on
the ground that it is unfit but before doing so an inquiry shall be
conducted (Sec 121) b) If any person fails to give security then such
person shall be send to the prison (Sec 122).
4 Define the term Arrest. When a Police Officer can arrest a
person without a warrant or without the order of the Magistrate?
What the rights of an arrested person?
Introduction:- Generally, a person is arrested by the order of the
magistrate or by a warrant. A police officer cannot arrest a person
arbitrarily or without the order of magistrate or without warrant. But this
rule has few exceptions to it which means that under certain
circumstances a person can be arrested without the order of the
magistrate or without warrant.
Arrest without warrant:- Sec. 41 of the Criminal Procedure Code 1973
provides that a police officer can arrest a person without the orders or
warrant of the magistrate in following situations:
(1) When any person 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.
(2) When any person has in his possession without lawful excuse any
implement of house-breaking.
(3) When any person in whose possession anything is found which may
reasonably be suspected to be stolen property and who may reasonably
be suspected of having committed an offence with reference to such
things.
(4) When any person obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape from lawful custody.
(5) When any person is reasonably suspected of being a deserter from any
of the armed forces of the union.
(6) When any person being a released convict, commits a breach of any rule
made under sub-section (5) of section 356;
(7) When for any persons arrest any requisition, whether written or oral, has
been received from another police officer, provided that the requisition
specifics the person to be arrested.
Thus, in this way a police officer under sec 41(1) can arrest any person
without the order or warrant of a magistrate.
Arrest of Suspected or Habitual Offenders:-Sec 41(2) provides that a
police officer can also arrest any person without the order or warrant
from magistrate:-
a) Who belongs to the category of suspected offenders under sec 109 of
the Code.
b) Who belongs to the category of Habitual offenders under sec 110 of
the Code. Arrest on Refusal to give Name and Residence:- Sec
42(1) of the code provide that a police officer can also arrest any person
without the order or warrant from magistrate.
D) The person who gives a name or residence which such officer has
reason to believe to be false residence of such person have been
ascertained, then he shall be released on a bond with or without
sureties. Devkinandan V/s Emperor-1941.
 Arrest to prevent a cognizable offence:-Another situation of a police
officer arresting any person without the order or warrant from magistrate
has been provided in sec 151 of the code. A police officer knowing of a
design to commit any cognizable offence may arrest, without orders
from the Magistrate and without a warrant, the person so designing, if it
appears to such officer that the commission of the offence cannot be
otherwise prevented. Thus sec 151(1) provides a police officer the
powers to arrest a person without the order from the magistrate or
without a warrant, when generally a person cannot be arrested without
the order of magistrate and without warrant. (A.K GopalanV/s State-
1962.
RIGHTS OF THE ARRESTED PERSON:- Sec. 41D of the code:-
1.When any person is arrested and interrogated by Police he shall be
entitled to meet an advocate of his choice during interrogation though
not throughout interrogation. 2. Arrestee has the right to nominate his
relative or any friend for giving information to him about his
arrest.

UNIT – II
5. When may a criminal complaint be filed before the Magistrate?
Discuss the power of Magistrate to decide criminal complaint.
INTRODUCTION: Sec. 200 says, that the preliminary procedure which a
Magistrate shall follow on receiving a complaint. It is obligatory to examine the
complainant and the witnesses and a summary dismissal without them is not legal.
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. If a public
servant acting or purporting to act in the discharge of his official duties or a court
has made the complaint or the magistrate makes over the case for inquiry or trial to
another Magistrate under sec.192.
1. Procedure by Magistrate not competent to take cognizance of the case: If a
complaint made to a Magistrate who is not competent to take cognizance of the
offence he shall return it for presentation to the proper court with an endorsement
 to that effect or where the complaint is not in writing then he will direct the
complainant to the proper court as provided in sec.201 of Cr.P.C.Case of Rajender
Singh v/s State of Bihar, 1989.
2. To Postponement of issue of Process:- Sec.202 of the code provided that where it
appears to the magistrate that the offence complained is triable exclusively by the
court of Sessions or where the complaint has not been made by a court unless the
complainant and the witnesses present have been examined on oath under
sec.200. If an investigation is made by a person not being a Police officer he shall
have for that investigation all the powers conferred by this code on an officer in
charge of a police station except the power o arrest without warrant. Sec. has
provided to ascertain the following: i) to ascertain the facts constituting the
offence.
ii) To prevent abuse of process resulting in wastage of time of the court and
harassment to the accused.
iii) To help the magistrate to judge if there is sufficient ground for calling the
investigation and for proceeding with the case. Case: Balraj Khanna v/s
Motiram-1971.
3. Dismissal of Complaint:- A Magistrate may dismiss a complaint if after
considering the statement on oath of the complainant and of the witnesses and the
result of inquiry or investigation under sec.202. But where there is sufficient
ground for preceding the Magistrate cannot dismiss the complaint under sec.203 of
the code. If he finds that no offence has been committed, if he distrusts the
statement or if he distrusts the complainant may direct for further inquiry. In such
cases he may refuse to issue process. Case Sulab Chandra v/s Abdula-1926. These
are the provisions under sec.203 of Cr.P.C.
4. No sufficient ground for proceeding:- When on the basis of evidence adduced no
prima facie case is reasonable made out against the accused there is no sufficient
ground for proceeding. It would be just wasting of time to proceed further in the
case. The complaint could be dismissed as held in thecase of Dabendra Nath v/s
State of W.B1972.
5. Recording of Reasons :- An order of dismissal of a complaint under this section is
no bar to the entertainment of a second complaint on the same facts but it will be
entertained only in exceptional circumstances which provide that the previous
order was passed on an incomplete record or misunderstanding of the nature of the
complaint.
6. Dismissal of complaint in default:- If the dismissal of the complaint was not on
merit but on default or the complainant to be present. Then there is no bar in the
complainant moving to the Magistrate again with a second complaint. But if the
dismissal of the complaint was on merits then the position could be different. In
 such cases the contention cannot be countenanced that the complainant lacked
bona fides as he suppressed the fact of dismissal of the first complaint.

6. What do you mean by FIR? In what circumstances a Magistrate

can make an order for investigation of an offence? OR What are
the ingredient of FIR? What are the effects of delay in filing FIR?
INTRODCTION:-First information report and investigation plays an
important role in administering of criminal justice. It is expected that it
should be recorded with utmost care and caution. It should be recorded
without any delay so that doubt does not arise. FIR & Investigation
determines that a prima facie case exist against the accused or not?
Sections 154 of Cr.P.C.-1973 described in detail about FIR.
ESSENTIALS OF F.I.R.
Although the definition of FIR is no given in the Cr.P.C. however it may
be as follows:-
i) It is information which is given to the Police Officer In- charge of the
Police station. But it is not necessary to give always to Officer-in-
charge. R. P. Kapoor v/s Sr.Partap Singh Kairon, 1961.
ii) Information must relate to a cognizable offence.
iii) It is information first in point of time.
iv) It is on the basis of this information that investigation into the offence
commences.
v) The FIR could be in any type i.e. written or oral. It can also be given on
telephone. Sunil v/s State of MP, 1997.
OBJECT OF F.I.R.:- The first and main object is to complain of any offence to a
Police Officer so that criminal law could be applied. Hasib v/s state of Bihar,
1972.
COMPONENT PART OF F.I.R.:- Generally it is essential that a detailed
explanation of the happening should be given in FIR. But the prosecution
cannot be dismissed merely on the basis that FIR does not contains the complete
explanation of happening as in a case of Navratan Mahanto v/s State of Bihar-
1980. Only gist of the happening in factual position needs to be mentioned.
ENTRIES IN THE FIR REGISTER:- As soon as the Officer-in-charge receives
information of commission of a cognizable offence entry to this effect must &
immediately be made in the Register concerned without delay.State of Haryana
v/s Choudhary Bhajan Lal, 1992. If any information isgiven orally, it should be
recorded and then to read and obtained the signature of the person giving
information. As described in a case of State of A.P v/s P. Ramulu, 1993 that
FIR cannot be refused to be recorded on the ground that the offence was
committed not within the jurisdiction. There should be no delay in registering FIR.
Delay causes doubts. Gnash Bhawan Pated v/s State of Maharashtra, 1979.

CIRCUMSTANCES WHEN MAGISTRATE

ORDERSFOR INVESTIGATION: - Investigation begins with the FIR. If the
FIR is regarding any non-cognizable offence then such information shall be
recorded in the concern register and the person who is giving the information will
be referred to the Magistrate. Meaning thereby that the investigation cannot be
done without the order of the Magistrate. Section 155 of the Code of criminal
procedure provides that:-
1. No Police Officer shall investigate a Non-cognizable case without the order of the
Magistrate having power to try such case or commit the case for trial.
2. 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 cognizable case.
3. Where a case relates to two or more offences of which at least one is cognizable,
the same shall be deemed to be a cognizable case, notwithstanding that the other
offences are non-cognizable.
4. An investigation in a non-cognizable offence made under the order of Magistrate is
treated as in investigation under chapter-XII and the report will be submitted to the
Magistrate under section 173(2).
In cases of cognizable Offences, there is no need of the orders of the
Magistrate to begin the investigation. However it has also been made clear by the
Supreme Court a new provision under the code under section 155(4) which
incorporates a view of Supreme Court that 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, in-spite of the fact that other offences are non-cognizable, where
there are both cognizable and non-cognizable offences mixed together the Police
Officer can investigate even if there is single cognizable offence.

7. Discuss the provisions relating to Information to the police and their powers
to investigate.
INTRODUCTION: - Section 154 speaks of information relating to the
commission of a cognizable offence given to an officer-in-charge of a Police
Station. This section has a three-fold object that to inform the District Magistrate
and Supdtt. Of Police who are responsible for maintaining peace and safety of the
District. It is also pertinent to brought it in the notice of judicial officers before
whom the case is ultimately tried. And the most important to safeguard the
accused against subsequent variations or additions.
1. INFORMATION IN CONIZABE CASES:- 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. The officers
receiving make the entries of the substance thereof in the prescribed Register
available with him.
2. Copy of the Information as recorded shall be given forthwith free of cost to the
informant.
3. Refusal to record the information:- If any officer-in-charge of police station
refuses to record the information the informant may send to substance of such
 information to the Supdtt. Of Police concern who further on his satisfaction will
investigate the case himself or direct to his subordinate.
4. The information given to Police Office and reduced to writing as required under
the section is called FIR. When any information discosing cognizable offence is
laid before the Officer I/c of a Police Station, he has no option but to register the
case of that base as held in State of Haryana v/s Ch.Bhajan Lal-1992.In a case of
Gurpreet Singh v/s State of Punjab-2006:- It was held that merely non-
disclosure of the names of witnesses in the daily diary as well as mortuary register
cannot affect the prosecution of case.
Case State of A.P. v/s V.V. Panduranga Rao-2009: It was held that statement
given on telephone is to be treated as FIR because cryptic telephonic message of
cognizable offence received by Police would not constitute FIR. The mere fact that
the telephonic message was first in point of time does not by itself clothe it with
character of FIR.
5. Where FIR is lodged and what Object:- Generally the information about the
offence committed is given to the Police Station of the place concern, but it does
not mean that it cannot be lodged elsewhere. In a case of Punati Raube v/s State
of A.P.-1993: The police constable refused to record the compalaint on the ground
that the said police station had no territorial jurisdiction over the place of crime.
Any lack of territorial jurisdiction could not have prevented the constable from
recording information about the cognizable offence and forwarding the same to
concern police station.
6. The object of FIR: the main object of the FIR is to complain of any of the offence
to a Police officer so that criminal law could be applied. Where the FIR was found
o have been written after the inquest report was prepared the court held that it has
lost its authenticity in the case ofBalaka Singh v/s State of Punjab-1975.
7. IMPORTANCE OF FIR:- On consideration its important from every angle it is
noticed that FIR is a very important from the occurrence of an offence. It should be
given immediately after the offence is committed. The delay in giving information
is viewed with grave suspicion as held in the case of Modivalappa -1966. There
is no need to give the names of witnesses or other minute detail.
8. Duty to register FIR:- In a case of Rajender Singh Katoch v/s Chandigarh
Administration & Others-2008, that although the officer-in-charge of Police station
is legally bound to register a FIR in term of sec.154. It was also held in Aleque
Padamsee and Others v/s Union of India-2007:- that in case of inaction of police
officials in registering FIR person aggrieved can adopt modalities contained
in sec.190 read with 200 Cr.P.C by laying complaint before the magistrate
concern to take cognizance of offence.
9. Delay in filing FIR: - Delay in giving FIR can be condoned if there is satisfactory
explanation as held in Apren jospeh v/s State of Kerla-1973.
 Whether the delay is so long as to throw a cloud of suspicion on deeds of the
prosecution case must be depend upon a variety of actors, Case Ram Jog v/s
State of UP-1974.
10. Delay in lodging FIR in rape cases:- In State Of Himachal Pradesh v/s
Shreekant Shekari-2004: That mere delay in lodging FIR does not anyway render
prosecution version brittle.
11. Powers to investigate:-Under section156 the police is empowered to investigate
into a cognizable offence without order of a Magistrate or without a formal first
information report. If the police do not investigate the Magistrate can order for the
investigation as in case of Abhyanand Jha v/s Dinesh Chandra-1968. Sec. 156(2)
provides that 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 sec. to investigate, case Hari Singh v/s State of UP-
2006. Sec.156(3) Any magistrate is empowered under sec.190 may order such an
investigation , case Bateshwar Singh v/s State of Bihar-1992.

8. Brief the Jurisdiction of criminal Courts in inquiries &Trials. OR “Every

offence shall ordinarily be inquired and tried by court within the local limits
of whose jurisdiction It was committed.” Explain the statement and state its
exception.
INTRODUCTION: - A Magistrate within whose local jurisdiction the offence is
committed is competent to take cognizance and to try the case. The jurisdiction of
the Magistrate does not come to an end by transfer of the locality, where the crime
was committed to another district. The court having jurisdiction to try the offences
committed in pursuance of the conspiracy can try the offence of conspiracy even if
it was committed outside its jurisdiction under section 177.
It makes it clear that an offence shall be inquired and tried by a court within
the local limits of whose jurisdiction the offence was committed.B.Patnaik v/s
Smt.Binand, 1970, it was held that court decided that offences shall be tried by a
court within the local limits of whose jurisdiction the offence was committed.
1. Place of inquiry or trial in certain matters:- Sec.178, when it is uncertain in
which of several local areas an offences was committed. The offence is committed
partly in one local area and partly in another. Where an offence is continuing one
and continues to be committed in more local areas than one. Then it may be
inquired or tried by a court having jurisdiction over any of such local areas. State
of M.P. v/s K.P.Ghiyara-1957.
2. Offence triable where act is done:- An act is an offence by reason of anything
which has been done and of a consequence which has ensued the offence may be
 inquired into or tried by a court within whose local jurisdiction such thing has been
done or such consequence has ensued under sec. 179. Case Lal chand v/s State -
1961is suitable example a gang was created for dacoity in a district but was
committed in another district, it was decided that the case can be tried by the court
of any of the two districts.
3. Place of trial act is offence by reason of relation to other offence:-When an act
is an offence by reason of its to any other act which is also an offence or which
would be an offence if the door were capable of committing an offence the offence
which is done first may be inquired into or tried by a court within whose local
jurisdiction either act was done, under sec.180. Munna Lal v/s State of
Rajasthan-1964: committing theft and receiving stolen property, such matter can
be tried by a court of any of the two places.
4. Place of trial in case of certain offences:-Any offence of being a thug or murder
committed by a thug of dacoity, of dacoity with murder of belonging to a gang of
dacoits or of escaping from custody may be inquired into or tried by a Court within
whose local jurisdiction the offence was committed or the accused person is
found. Under sec.181.Jaswant Singh v/s Emperor, 1918, in a matter of abduction
of married woman for the purpose of unlawful intercourse, it can be tried that court
within whose local jurisdiction the woman was detained.
5. Offences committed by Letters etc:- Any offence which includes cheating may if
the deception is practiced by means of letters o telecommunication message be
inquired into or tried by any court within whose local jurisdiction such letters or
messages were sent or were received and may offence of cheating and dishonesty
including delivery of property may be inquired into or tried by a court within
whose local jurisdiction the property was delivered by the person deceived or was
received by the accused person under sec.182. Tekumalla Muneiah v/s
C.B.Ammanamma, 1991: it was a case of bigamy the court held the complainant
could be entertained by the court having territorial jurisdiction over that place.
6. Offence committed on journey or voyage:- When an offence is committed while
the person by or against whom or the thing in respect of which the offence is
committed is in the course of performing a journey or voyage the offence may be
inquired into or tried by a court through or into whose local jurisdiction that person
or thing passed in the course of that journey or voyage, u/sec.183.
7. Place of trial for offences triable together:- Sec.184 says, where the offence
committed by any person are such that he may be charged with and tried at one
trial for each such offence by virtue of the provisions of seec.219 or sec.220 or
sec.221. The offence or offences committed by several persons are such that they
may be charged with and tried together by virtue of the provision of
sec.223.Case: Pursottam Dalmiya v/s State of W.B.-1961.
8. Offences Committed Outside India:- When offences is committed outside India
by a citizen of India, whether on the high seas or elsewhere or by a person not
being such citizen on any ship or aircraft registered in India, he may be dealt with
in respect of such offence as if it had been committed at any place in India at which
he may be found.

9. Discuss the provisions as to maintenance of Pubic order tranquility in the

case of Public nuisances.
INTRODUCTION: - The cases of public nuisance which sec.133 of Cr. P. Code
deals only for the public cases not in the nuisance of private cases. These cases are
referred to Civil Courts. The proceeding under section 133 should be taken when
in case of emergency where public shall be put to great inconvenience and shall
suffer an irreparable injury. It can also be taken where the obstruction or nuisance
has been in existence for a long period. Sec. 133 empowers a Magistrate to take
action where there has been invasion of public rights. He cannot proceed when
existence of public right is denied.
1. Scope of Section 133:- The unlawful obstruction or nuisance to any way river or
channel lawfully used by the public or to public place. The conduct of any trade or
occupation or the keeping of any goods or merchandise injurious to the health or
physical comfort of the community. A building, tent or a structure or tree as is
likely to fall and cause injury to persons. Unfenced tank, well near a public way or
place and a dangerous animal requiring destruction.
In Shri Ram v/s State of U.P.-1992: Magistrate passed the order to remove the
construction on public path. The opposite party denied the existence of public path
itself. It was held that failure on the part of Magistrate to record whether such
denial was correct or not would make the order of removal illegal.
In Kachrulal Bhagirath Agarwal v/s State of Maharashtra-2004: The
allegation was that red chilies were stored in godown in residential locality and
loading unloading thereof was causing physical discomfort and injury to the health
of people in the locality. The sub divisional magistrate upon considering evidence
of residents in locality came to conclusion that people in general suffered. It was
held that SDM should conduct inquiry on the basis of reliable evidence and take
action accordingly.
In Municipal Council Ratlam v/s Vardhichand and others-1980: Supreme
Court examined the scope of section 133 and held that where there existed a public
nuisance in a locality due to open drains, heaps of dirt, pits and public excretions
by human for want of lavatories and consequential breeding of mosquitoes. The
court further held that the Cr.P.C operates against statutory bodies and other
regardless.
2. Service or Notification of order:- The order should be served to the person for
whom it is made in the manner provided for the service of a summons. If such
order cannot be served it shall be notified by proclamation published in such
manner as the State Government may by rules direct and a copy of the same be
stuck up at such place or places as may be fittest for conveying the information to
such person under section 134 of the this code.
3. Person to whom order is addressed to obey or showcause: - U/S-135, on
basis of instructions given in the order the person whom the order is given shall
perform within the time and in the manners specified in the order. CaseNagarjuna
Paper Mills Ltd. v/s S.D.M & R.D. Officer-1987 it was held that the water act
has not taken away the power of S.D.M. under section 133and he can pass order
under sect.136 to close a factory causing pollution when appreciation certificate is
not produced.
4. Consequnces of his failing to do so:- Provisions have been made insec.136 that
if such person does not perform such act or appear and show cause, he shall be
liable to the penalty prescribed in that behalf in sec. 188 of the IPC and order shall
be made absolute.
5. Proceedure where existence of public right is denied:- Where an order is
passed for the purpose of preventing obstruction nuisance or danger to the public in
the use of any way river, channel or place, the Magistrate shall on the appearance
before him of the person against whom the order was made. A case of Santosh
Kumar sharmav/s Moti lal Mahawar-1993, it was held that it is absolutely clear
that the Executive Magistrate before taking recourse to the proceedings laid down
under sec.137.
6. Procedure where he appears to show-cause:- U/s 138, the magistrate is bound
to take evidence as in a summon case. If on taking evidence the magistrate is
satisified that it is reasonable and proper he can make the conditional order
absolute otherwise further proceedings may be stopped.
7. Power of magistrate to direct local investigation and examination of an
expert:- Under sec.139 Magistrate may direct local investigation from such person
as he thinks fit he may also summon and examine an expert.
8. Power of Magistrate to furnish written instructions etc.:- Undersec.140, may
furnish such person with such written instructions or declare by whom the whole or
any part of the expenses on local investigation shall be paid.
9. Procedure on order being made absolute and consequences of
disobedience under sec. 141 of the act, magistrate can give notice and order him
to perform he act within the time to be fixed in the notice.
10.Injunction pending inquiry:- Sec.142, measures to prevent imminent danger
or injury of a serious kind to the public. Magistrate must see that the injunction of
the kind reqired and it was issued against whom has failed to obey the same as held
in case of Amar Krishna saha v/s Bipra charan dey-1965.
11. Magistrate may prohibit repetition or continuance of public nuisance:- u/s
143 says that Distt. Magistrate, SDM or Executive Magistrate may order any
person not to repeat or continue a public nuisance.
12. Power to issue order in urgent cases of nuisance or apprehended danger: -
U/s144 it deals with urgent cases of nuisance or apprehended danger Madhu
Limaya v/s SDM, Manglyr-1971, Magistrate was in bona fide exercise of his
power & legal.

UNIT-III
10. DISCUSS THE JOINDER OF CHARGES UNDER CODE OF
CRIMINAL PROCEDURE.
INTRODUCTION:- The object of the rule embodied in the sec. 218 of Cr. P.
C., is to ensure a fair trial and to see that the accused is not bewildered or perplex
to confuse by having been asked to defend several unconnected charges or distinct
offences lumped together in one charge or in separate charges. We will read the
rules relating to joinder of charges described in different part of this section. There
is no exception to the rule that there should be separate charge for each
offence. The detail study of this section is as under:-
DEFINITION: - For every distinct offence of which any person is accused there
shall be a separate charge and every charge shall be tried separately. 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, Magistrate may try
together all or any number of the charges famed against such person.
1. Effect of Contravention of Sec.218:- The effect of the contravention of the
provisions of this sec. has been considered by the Supreme Court in following
number of cases:- Sushil Kumar v/s Joy Shankar-1971: It was held that charges
under 408 and 477A of IPC could be tried together. In this case several persons
accused on several items of embezzlement were tried jointly. There was no failure
of justice in consequence of the joinder of charges had occurred. In V.N.
KAMDAR v/s DELHI MUNICIPALITY-1973: It was held, “that the provisions
of sec. 218 to 224 would indicate that separate charge and separate trial for such
distinct offence is the normal rule and joint trial is an exception when the accused
have committed separate offence.”
2. Failure to Explain injuries on the accused:- When the prosecution fails to
explain satisfactorily the injuries sustained by the accused there are number of
judicial pronouncements on this point. Case State of Gujrat v/s Bai Fatima-1975:
It was held that the accused had inflicted the injuries on the members of the
prosecution party in exercise of the right of self-defence.
3. Three offences of the same kind within year may be charged together:-under
section 219 of Cr. P. C. when a person is accused of more offences than one of the
same kind committed within the space of twelve months from the first to the last of
such offences, he may be charged with and tried at one trial for any number of
them not exceeding three. Provisions of section are only enabling provisions, it
applies where offences are of the same kind but it does not apply where offences
are not of the same kind such as criminal breach of trust and falsification of
accounts. Rahmat v/s State of U. P.-1980.
4. Trial for than one offence:- If in one series of Acts so connected together as to
form the same transaction more offences than one are committed by the same
person, he may be charged with and tried at one trial for every such offence as
provided under section,220 of the Cr. P.C. Case Krishna Murthy v/s Abdu
Subhan- 1965. Case of Kanshiram v/s Jhunjhunwala-1935,with the same it was
necessary to ascertain whether they are so connected together as to constitute a
whole which can properly be described as a transaction.
5. Where it is doubtful what offence has been committed: - Sec.221 provides for
the cases where it is doubtful what offence has been committed. It applies to the
cases in which the facts are not doubtful but the application of law to the facts is
doubtful as held in a case of Abdul Hamid -1935. This sec. applies where the
doubt is about the nature of the offence and not about the facts as held in
case Jatinder Kumar v/s State of Delhi-1992.
6. When the offence proved included in offence charged: - Sec.222considered the
conviction of minor offence included in the offence charged in either of two cases,
where the offence charged consists of several particulars and combination is
proved but the remaining particulars are not proved as held in Maung Ba v/s the
 King-1938. And where the facts are proved which reduce the offence charged to a
minor offence as held in case of, Emperor v/sAbdul Wahab-1945.
7. What persons may be charged jointly:- Under sec.223 joint trail of several
persons is permissible and applies only to trials and not to inquires. A joint trial of
several persons under this section is not vitiated merely by the facts that at the end
of the trial the facts found happen to be different from those on the basis of which
the charges were originally framed as held in case ofTrilokchand v/s Rex-1949.
It was also held in case of A.R.Autulay v/s R.S.Nayak-1988.
8. Withdrawal of remaining charges on conviction on one of several charges: -
When a charge containing more heads than one is framed against the same person
and when a conviction has been had on one or more of them, the complainant or
the Officer conducting the prosecution may with the consent of the Court withdraw
the remaining charge or charges. The court of its own accord may stay the inquiry
into or trial of such charges. Court may proceed with the inquiry into or trial of the
charge or charges so withdrawn.

11. Discuss the provisions of trail before a Court of Session.

INTRODUCTION: - The procedure of trial of offences before court has been
described in section 225 to sec. 237 of the Criminal Procedure Code-1973. Here it
is important that any matter does not come directly for trial before the Court of
Sessions. Such matter is committed for trial to Court of Session. Any matter is
committed to Court of Session when it has the exclusive jurisdiction to try such
offence.
1. CONDUCTION OF TRIAL:- In every trial before a Court of Session, the
prosecution shall be conducted by a Public Prosecutor as laid down in sec.225 of
the code.
2. OPENING THE CASE FOR PROSECUTION:- When the accused
appears or brought by before the Court in pursuance of a commitment of the case
under section 209 the prosecutor shall open his case by describing the charge
brought against the accused and stating by what evidence he purposes to prove the
guilt of the accused under sec. 226 of Cr. P. C. case of Hukam Singh v/s State of
Rajasthan-2001.
3. DISCHARGE: - If upon the consideration of the record of the case and the
documents submitted therewith and after hearing the submission of the accused
and the prosecution in this behalf, the Judge considers that there is not sufficient
ground for proceeding against the accused he shall discharge the accused and
record his reasons for doing so. As held in case of T.V.Sharma v/s R.Meeriah-
1980. It is called charge arguments; court has to consider the complete case
carefully before giving order to discharge State of J&K v/s Romeshchandra-
1997. These are the provisions of sec.227.
4. Framing of charge: - While framing charges court shall only see that there
is a prima facie case against accused or not. At this juncture there is no need for
praising witnesses as held in case of State of M.P. v/s S.B. Johri-2000. Where the
judge frames any charge, the charge shall be read and explained to the accused and
accused shall be asked whether he pleads guilty of the offence charged or claims to
be tried as provided in section 228 of Cr. P.C.
5. Conviction on Plea of Guilty: - If the accused pleads guilty the judge shall
record the plea and may in his discretion convict him thereon. The plea of guilty
only amounts to an admission that the accused committed the acts alleged against
him. It was held in case of Tyron Nazarath v/s State of Maharashtra-1989. This
is more so in case persons tried jointly when some plead guilty and the others
claim to be tried, case of Bantra Kunjana-1960. These are provisions available in
sec. 229 of Cr.P.C.
6. Date for Prosecution Evidence:- If the accused refuses to plead or does not
plead or claims to be tried or is not convicted under sec.229, the Judge shall fix a
date for the examination of witnesses and may on the application of the
prosecution issue any process for compelling the attendance of any witness or the
production of any document or other thing. Case Mukipad Mandal v/s Abdul
Jabbar-1973, it is the duty of court to take all necessary steps to compel the
attendance of witnesses. The accused cannot be acquitted on the ground of failure
of the witnesses to appear before the court, under sec. 230.
7. Evidence for Prosecution:- On the date fixed, the judge shall proceed to
take all such evidence as may be produced in support of the prosecutionsec.231.
when any witness appears before the court there shall be no delay as possible in his
examination but if any delay happens in the examination of any witness the
merely on this ground the prosecution matter cannot be suspended case of Bunty
urf Guddu v/s State of M.P-2004.
8. Acquittal: - If after taking the evidence for the prosecution examining the
accused and hearing the prosecution and he defence on the point the Judge
considers that there is no evidence that the accused committed the offence the
judge shall record an order of acquittal under sec. 232. The accused can either be
convicted or acquittal but not discharged.
9. Entering Upon Defence :- Where th accused is not acquitted under sec.232
he shall be called upon to enter on his defence and adduce any evidence he may
have in support thereof. It the accused puts in any written statement the judge shall
file it with the record. If the accuse applies for the issue of any process for
compelling the attendance of any witness or production of any document or thing
the judge shall issue such person unless he considers such application for the
purpose of vexation or delay or for defeating the ends of justice. Case State of MP
v/s Badri Yadav-2006.These are the provisions in sec.233.
10. Arguments:- When the examination of witnesses for the defence is
complete the prosecutor shall sum up his case and accused shall be entitled to reply.
During his process where any point of law is raised by the accused the
prosecutions mazy with the permission of judge make his submissions with regard
to such point of law under sec. 234. It is called arguments.
11. Judgment:-After hearing both the parties the judge shall give a judgment in
the case under sec.235.Case:Alluddin Mian Sharif Mian v/s State of Bihar-1989.
12. Previous Conviction: - If the accused is charge of previous conviction and
the accused does not admit that then judge may take evidence in respect of the
alleged previous conviction and record a finding thereon under sec. 236.
13. Procedure in cases instituted under Sec. 199:-Sec.237 of the code
provides the procedure for trial of such matters which have been instituted under
sec.199 (2). Sec.199 (2) provides for prosecution of defamation matters. If any
matters of defamation is alleged to have been committed against the President of
India, Vice-President, Governor of State, Administrator of UT, Minister of Union
or State or Any other Public servant. If during trial court finds scope of acquittal he
may pass such orders.

12. For every distinct offence of which any person is accused there shall be a
separate charge and every such charge shall be tried separately. Explain are
there any exceptions to this rule, if so what?
INTRODUCTION:- Provisions relating to charge are aimed at giving complete
information to the accused about the offence of which he is being charged. It gives
the accurate precise information about the accusations made against him. Every
charge shall state the offence with which the accused is charged. The charge shall
be written in the language of the Court. The language of the charge should be
specific and clear.
WHAT IS CHARGE: - Sec.2 (b) of Cr.P.C.-1973 provides the definition of
charge but it is neither definition as per dictionary meaning nor it is directing any
meaning. It only says that, “Charge induces any head of charge when the charge
contains more heads than one.” Charge is such a written statement of the
information of offence against the accused person which contains the grounds of
 charge along-with time, place, person and things in relation to which offence is
committed. The charge is a precise formulation of the specific accusation of an
offence against the accused person. Accused prepares his defences on the basis of
it.
Components of Charge:- Sec.211 says that:-
1. Every charge shall state the offence with which the accused is charged.
2. If the law which creates the offence gives it any specific name, the same may be
described by that name, like theft, robbery, dacoity or murder etc.
3. If law does not give any specific name so much of the definition of the offence
must be stated for giving the notice to accused.
4. The Law and section of the law against which the offence is 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 is fulfilled.
6. The charge shall be written in the language of the court. Case ofKrishan v/s State
of Kerla-1958.The court said that charge should be in Court’s language.
7. The previous conviction if any of the accused must be stated in the charge i.e. place,
date and the fact of the offence.
According to Sec. 212:- Particulars as to time place and person:-
1. The time of commission of the offence be given in the charge.
2. The place of commission of the offence may also be recorded in charge.
3. The person against whom or thing in respect of which it was committed.
4. The manner of committing offence must be stated in the charge u/s 213.
5. The words must be of sense of law under which offence is
punishable u/s214.
Effect of Errors: - Section 215 of the code says that there should be no error in
stating either the offence or the particulars required to be stated in the charge, there
should also be no omission to state the offence or those particulars which at any
stage of the case as material unless the accused was in fact misled by such error or
omission which may results the failure of justice. Then such charge shall be
considered faulty and the trial on the basis of such charge shall also be faulty.
Court May alter the charge: Under sec.216, any court may alter or add to any
charge at any time before the judgment is pronounced.
Recall of Witnesses when charge altered:- under section 217, whenever the
charge is altered or added to by the Court after the commencement of the trial the
prosecutor and the accused shall be allowed to recall or re-summoned and examine
the alteration and addition any witness who may have been examined.
Separate charges for distinct offence: - The object of sec.218 is to ensure a fair
trial and to see that the accused is not bewildered by having been asked to defend
several unconnected charges or distinct offences lumped together in one charge,
case of Aftab Ahmad Khan v/s State of Hydrabad-1954.
Same offences of same kind within one year may be charged together: -sec.
219 provides that offences punishable under sec.379 and 380 IPC shall be
deemed to be offences of the same kind. Criminal breach of trust and falsification
of accounts, when the offence is committed by a single accused and is not
applicable where several persons are tried jointly.
Trial for than one offence:- Sec.220 provides If in one series of acts so
connected together as to form the same transaction, more offences than one are
committed by the same person, he may be charged with, and tried at one trial for
every such offence. Case State of Biahar v/s Simranjit Singh-1987.
Framing of charge where it is doubtful what offence has been committed:-
sec.221 of the code provides for the framing of charge in those matters where
there is doubt of what offence has been committed. In such matters, charge shall be
framed as follows:-
All offences committed as a result of the nature of Act.
All or any of such offences charged in the alternative with having committed some
one of the said offences. Goverdhan v/s Kanilal-1953.
When offence proved included in offences charged:- When a person is charged
with an offence consisting of several particulars or an offence and facts are proved
which reduce it to a minor will be convicted of the minor, case of State of
Maharashtra v/s Rajendra Jawanmal Gandhi-1997, Sangarobina Sreenu v/s
State of A.P.-1997. These are the provisions of Sec.222 of the code.
Withdrawal of remaining charges on conviction on one of several charges:-
Sec.224 of the code says that when a charge containing more heads than one is
framed against he same person and when a conviction has been had one or more of
them the applicant or prosecution with the consent of court withdraw the remaining
charges or court of its own accord may stay the inquiry or trial.

13. Difference between procedure of trial for warrant case and Summon Case?
INTRODUCTION: - Police report is defined in this Code and according to these
provisions ‘Police report means a report forwarded by a police officer to a
Magistrate under sec. 173 of the code. When in any warrant case instituted on a
police report the accused appears or is brought before a Magistrate at the
commencement of trial. Magistrate shall satisfy himself that he has complied with
provision of the code.
There are two categories in which the criminal cases can be classified on the
provisions laid down in the code:-
i) Summon Case:- Definition of summon case is given in Sec.2(x)means, Summon
case means a case relating to an offence not being a warrant case.
ii) Warrant Case: Means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
The criteria of summons case and warrant case determines the duration of
punishment in any offence is punishable with fine of Rs.50/- then such matter is
summon case, a case of Public Prosecutor v/s Hindustan Motors,
AndhraPradesh-1970.
The issue of summon or warrant in any case does not change the nature of the case,
supposing warrant is issued in a summon case is does not make the case a warrant
case, in case of Padamnath v/s Ahmad Dobi-1970.
A. Procedure of trial of Warrant Case:- lays down the procedure for a warrant
case:-
i) Cases must be instituted upon police report:-Sec.238 of the code lays down the
procedure of trial of warrant cases instituted upon police report and according to it
procedure of trial is as under :-
a) Copy of the police report and other document to be provided to the accused on
institution of any warrant case when the accused appears or brought before a
magistrate at commencement of the trial.
b) Discharge of accused on groundless charges: - On receiving the police report &
other documents and providing of the accused the magistrate shall consider the
each report. He shall provide reasonable opportunity of hearing to accused and
prosecution (it is commonly called charge argument); the magistrate shall examine
the accused if necessary. If the magistrate finds that the charge against the accused
is groundless he shall discharge the accused under sec.239. He will also check the
prima facie of the case. Case of State v/s Sitaram Dayaram-1959.
c) Framing of charge:-If the magistrate is of the opinion that there is a ground for
presuming that the accused has committed an offence and is competent to try such
offence which can adequately punish the accused in his opinion. Then the charge
shall be framed against the accused in writing and trial will start. Case
of Col.S.Kashyap v/s State of Raj.-1971.
d) Conviction of plea of guilty:-if the accused pleads guilty the magistrate shall
record the plea and may in his discretion convict him.
e) Evidence for prosecution: - If the accused refuses to plead guilty and claims to be
tried, the magistrate shall fix a date for the examination of the witnesses, u/s 242,
and case State v/s Suwa-1962.
f) Evidence for defence:- u/s 243 on completion of prosecution witnesses, defence
witnesses produces by the accused, the expenses on compelling the attendance of
the witnesses shall be borne by the accused.
 B. Cases instituted otherwise than upon police report: - The procedure of trial
for summons cases is less brief in nature.
ii) There is no need of framing of formal charge in summons cases.
iii) Accused can be convicted or acquitted.
iv) Summons case cannot be reopened after completed once.
v) Complainant can withdraw his complaint in summons case. Its effect would be
acquittal of accused.
vi) In summon cases summons are generally issued to the accused.
vii) Accused is not required to be heard on the question of sentence in summon case.
viii) In summon cases there is no need of arguments generally before substance
prosecution.
ix) In summon case if the accused pleads guilty the Magistrate shall record the plea
and may convict him on that basis under sec.252.
x) In summons case if the magistrate does not convict the accused on his plea of
guilty he shall proceed to hear the prosecution and take all evidence. He will also
hear the accused and take all evidence produced by the accused under sec. 254(1).
xi) u/s 257, on satisfaction of the magistrate he may permit the complainant to
withdraw his complain thereupon the accused shall be acquitted.
xii) In a summon case no provisions authorizing the magistrate to permit the cross-
examination of any prosecution witnesses to be deferred or recall of any witness
for further examination.
xiii) In summon case when summon has been issued to complainant and he fails to
appear on fix date the accused may acquit unless for some reasons he thinks to
adjourn the hearing of the case to some other day u/s 257.

14. Discuss in brief the general provisions as to inquiries and trails under the
Criminal Procedure Code-1973.
INTRODUCTION: - A Magistrate within whose local jurisdiction the offence is
committed is competent to take cognizance and to try the case. A Magistrate has no
jurisdiction to take cognizance of a case which has wholly been committed outside
his jurisdictional limits. The jurisdiction of the magistrate does not come to an end
by transfer of the locality, where the crime was committed to another district. The
followings provisions are laid down in the code:-
1. Ordinary place of inquiry and trial: - Every offence shall ordinarily be inquired
into and tried by a court within whose local jurisdiction it was committed. Word
 ordinarily means except in the cases provided hereinafter to the
contrary. Under sec. 177 of the code. Case of Ramnarayan kapur-1936 and
Nurumal v/s State of Bombay-1960.
2. Place of inquiry or trial: - Where an offence is committed partly in one local area
and partly in another or is a continuing one and continues to be committed in more
local areas than one and where it consists of several acts done in different local
areas court having jurisdiction over any of such local areas, under sec.178 of the
code. Case HiraLal v/s Emperor-1946.
3. Offence triable where act is done or consequence ensues:-When any act is an
offence by reason of anything which has been done and of consequence which has
ensued the offence may be inquired into or tried by a Court within whose local
jurisdiction such thing has been done or such consequence has ensued
under sec.179 of the code. State v/s Dhulaji Bavaji-1963.
4. Place of trial where act is an offence by reason of relation to other offence:-
When an act is an offence by reason of its relation to any other act which is also an
offence or which would be an offence it the doer were capable of committing an
offence the first mentioned offence may be inquired into or tried by a court within
whose local jurisdiction either act was done, under sec.180 of the code.
5. Place of trial in case of certain offences: - Where it is difficult for the
complainant to find out as to where the misappropriation actually occurred
jurisdiction lies at the place where the property had to be delivered. Sec.410 of IPC
gives a wide meaning to stolen property. These are the provisions ofsec.181 of the
code. Case of Emperor v/s Laxman-1926.
6. Offences committed by letters etc.:- Sec.182 of the code says that, Any offence
which includes cheating may if the deception is practiced by means of letters or
telecommunication message be inquired into or tried by any court within whose
local jurisdiction. Case Bhola nath v/s State-1982.
7. Offence committed on journey or voyage: Sec. 183 provides that the expression
journey & voyage under this section does not include a voyage on the high seas or
in a foreign territory of India. Case of Queen v/s Piran-1874.
8. Place of trial for offences triable together: - There are provisions in thesection
184 of the code that where an offence is committed in pursuance of conspiracy, the
court having jurisdiction to try that offence may try the offence of conspiracy even
if it was committed outside its jurisdiction. Case L.N.Mukerjee v/s State of
Madras-1961.
9. Power to order cases to be tried in different sessions divisions: -
Notwithstanding anything contained in the preceding provisions, the state
government may direct that any cases committed for trial in any district may be
tried in any session division, under sec.185. Case of Supdt. Of Police v/s
Ferozuddin Basheeruddin-1993.
10.High Court to decide in case of doubt, where inquiry or trial shall take place:-
Sec.186 provides that where two or more courts have taken cognizance of the same
offence and a question arises as to which of them ought to inquire into or try that
offence this will be decided by the High Court.
11.Power to issue summons or warrant for offence committed beyond local
jurisdiction :- When a magistrate of first class sees reason to believe that any
person within his local jurisdiction has committed outside jurisdiction an offence
which cannot under the provisions of sections or any other law for the time being
in force be inquired into or tried within his local jurisdiction and compel the person
to appear before him or send him to the Magistrate under whose jurisdiction the
offence is committed, under sec.187.
12. Offence committed outside India:- Section l88 of the code says that when an
offence is committed outside India by a citizen of India whether on the high seas or
elsewhere and also by a person not being such citizen on any ship or aircraft
registered in India. He may be dealt with in respect of such offence as if it had
been committed at any place within India at which he may be found. Case
of Emperor v/s Maganlal-1882.
13.Receipt of evidence relating to offences committed:-Sec. 189 of the code says
that, when an offence alleged to have been committed in a territory outside India is
being inquired into or tried under the provision of sec. 188, the court holding such
inquire or trial in any case in which such court might issue a commission for taking
evidence as to the matters to which such depositions or exhibits relate.

UNIT- IV
15 What do you mean by Judgment? What are the contents of judgment?
Discuss the powers of High court to confirm death sentence?
INTROUDCTION: - After hearing both the parties the Judge give a judgment in
the case. The judgement in every trial in any criminal court of its own jurisdiction
shall be pronounced in the open court by the presiding officer immediately after
the termination of the trial or at some subsequent time of which notice shall be
given to the parties or their pleaders.
1. Section 353 of the cr. procedure code-1973 provides:-The judgment in every
trial in any criminal court in its own jurisdiction shall be pronounced in open court
by the presiding officer immediately after the termination of the trial or at some
subsequent time of which notice shall be given to the parties or their pleaders.
Case Anthony v/s State-1993. It was also held in a case of Yelchuri Manohar
v/s State of A.P-2005, that electronic media cannot provide any guiding factors.
2. Language and contents of Judgment: - That every judgment shall be written
in the language of the Court. It may also contain the point or points for
determination, the decision thereon and the reasons for the decision, as provided
in sec. 354 of the code. Case of Ram Bali v/s State of U.P. -2004. The language
and the contents of the judgment must b self-contained and must also show that the
court has applied its mind to the facts and the evidence, as held in case
of Niranjan V/s State -1978. Failure to signing of judgment at the time of
pronouncing it is only a procedural irregularity curable as per instructions provided
in the code.
3. Judgment of Metropolitan Magistrate: - That instead of recording a judgment
in the manner provided a metropolitan magistrate shall record the serial number of
the case, the date of commission of the offence along-with the name of the
complainant. The name of the accused person his parentage and residence
mentioning the plea and examination of accused. The date of final order may also
be recorded as provisions laid down in sec.355.
4. Order for notifying address of previously convicted offender: - Sec. 356 of
the code provides that, when any having been convicted by a court in India of an
offence punishable. If such conviction is set aside on appeal or otherwise such
order shall become void. State Govt., can make rules to carry out the provisions
relating to the notification of residence.
5. Order to pay compensation:-The quantum of compensation is to be determined
by taking into consideration the nature of the crime, injury suffered and the
capacity of the convict to pay in case of Manish Jalan v/s State of Karnatka-
2007. These are the provisions of the section 357.
6. Scheme for compensation to victim:-In every state with the coordination with
the central Govt., shall prepare a scheme for providing funds for the purpose of
compensation to the victim or his dependents who have suffered loss or injury as a
result of the crime and who require rehabilitation under sec.357A.
7. Compensation to persons groundlessly arrested: - Sec. 358 provides that
whenever any person causes a police officer to arrest another person if it appears to
the Magistrate by whom the case is heard that there was no sufficient ground of
causing such arrest. The Magistrate may award such compensation not exceeding
1000/- rupees as held in case of Parmod Kumar v/s Golekha1986.
8. Order to pay costs in non-cognizable cases: - Sec.359 says that whenever any
complaint of a non-cognizable offence is made to a court, the court if it convicts
the accused can order to pay the penalty along-with cost incurred by the
complainant and in case of default of payment the accused can sentence simple
imprisonment for a period not exceeding 30 days.
9. Order to release on probation of good conduct after admonition:-
Sec.360 says that this section is a piece of beneficent legislation. It applies only to
first offenders. It enables the court under certain circumstances to release the
accused who has been convicted on probation of good conduct as in a case of Ved
Parkash v/s State of Haryana-1981.
10. Special reasons to be recorded in certain cases: - Where in any case the
court could have dealt with an accused person under the provisions of offenders
Act a youthful offender may tried by any other law for the time being in force for
the treatment training or rehabilitation of youthful offenders as held in case
of Nanna v/s State of Rajasthan-1989, under sec. 361.
11. Court not to alter Judgment:- According to section 362 of the code that any
other law for the time being in force no court when it has signed its judgment or
final order disposing of a case shall alter or review the same except to correct a
clerical or arithmetical error, case of Naresh & others v/s State of U.P.-1981.
12. Copy of the judgment to be given to the accused and other persons: -
Section 363 says that a copy of the judgment shall immediately after the
pronouncement of the judgment be given to him free of cost, as held in case
of Ladli Parsad Zutsi-1932.
13. Judgment when to be translated: - Sec.364 provides that the original
judgment shall be filed with the record of proceedings and where the original is
recorded in different language from that of court and so requires it may be
translated in to the language of the Court.
14. Court of Session to send copy of finding and sentence to District
Magistrate: - In the case tried by the court of session or a CJM the court or such
magistrate as the case may be shall forward a copy of its or his finding and
sentence if any to the District Magistrate as said in sec. 365 of the code.
14 Submission of death sentences for confirmation:-Sec.366When a Court of
Session passes a sentence of death the proceedings shall be submitted to H/C, it
cannot be executed unless it is confirmed by H/C. Sec.371 procedure laid down
that the Proper officer without delay after the order of confirmation or other order
has been made by H/C send a copy of the order under seal of H/C duly attested to
S.Court
16 Examine the law relating to appeal in criminal case. Make a difference
between Appeal & Revision in criminal cases.
INTRODUCTION:-Appeal is an important remedy for person’s dissatisfied from
judgment finding and orders of the trial court. Under section 372 of the Cr.P.C., it
is provided that relation to appeal it is necessary to know that no appeal shall lie
from any judgment or order of a criminal court except as provided by this code or
 any other law for time being in force, caseGarikapati v/s Subhash coudhari-
1957. However the provisions regarding making an appeal are the following:-
1. Appeal from orders requiring security or refusal to accept or rejecting
surety for keeping peace or good behavior: - Any person who has been ordered
to give security for keeping the peace or for good behavior or who is aggrieved by
any order refusing to accept or rejecting a surety on the basis ofsec.373.
2. Appeals from Convictions: - According to section 374 of code that any person
convicted on a trial by a H/C in its extraordinary original criminal jurisdiction may
appeal to Supreme Court similar any person convicted by session judge or on a
trial held by any other court which sentence or imprisonment is more than 7 years
may appeal to High court. Case Panchi v/s State of U.P.-1998, In C.Gopinathan
v/s State of Kerala-1991
3. Appeal by State against sentence: - Under sec.377, the state Government may
in any case of conviction on a trial held by any court other than a H/C direct the
Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy to Court of Session if the sentence is passed by the Magistrate or to the
H/C if the sentence is passed by any other Court. When an appeal is filed against
the sentence on the ground of its inadequacy court shall not enhance the sentence
except after giving to the accused a reasonable opportunity of sowing cause against
such enhancement. Case ofNadir Khan v/s State-1976.
4. Appeal in case of Acquittal :- In an appeal against acquittal undersec.378 the
H/C has full power to review at large the evidence on which the acquittal is based
and to reach the conclusion that the order of acquittal should be reversed as held in
case of Mohandas v/s State of MP-1973, but exercising his power the H/C should
give proper weight and consideration to the view of the trial judge as to the
credibility of witnesses, presumption of innocence in favour of the accused. And a
right of the accused to the benefit of any doubt. It was also held in State of U.P.
v/s Gambir Singh-2005 case of appeal against acquittal if on same evidence two
views are possible, the one in favour of accused must be preferred.
During the hearing of appeal from the order of acquittal it should be taken into
consideration that there is no miscarriage of justice, case Allahrakha K. Mansuri
v/s State of Gujrat-2002. The order of acquittal cannot be dismissed merely on
the ground that a second approach could have been applied in the case and it means
that the accused could have been convicted on considering another view a case
of Chandra Singh v/s State of Gujrat-2002.
5. Appeal against conviction by H/C in certain cases :-Where an H/C has on
appeal reversed an order of manifest on record of acquittal of an accused person
and convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may appeal to the Supreme
Court under sec. 379.
6. Special right of appeal in certain cases:- In Shingara Singh v/s State of
Haryana-2004, when more persons than one are convicted in one trial and an
appealable judgment or order has been passed in respect of any of such
persons, under section 380.
7. Appeal to court of session how heard:- Appeal to the court of session shall be
heard by the sessions judges or by ASJ u/s 381.
8. Petition of appeal:-Every appeal shall be made in the form of a petition in writing
presented by the appellant or his pleader u/s 382.
DIFFERENCE BETWEEN APPEAL & REVISION
APPEAL REVISION
1. Any person convicted on a trail held by 1. The correctness, legality or proprietary
H/C may appeal to S/C. of any finding sentence or order of any
lower court.
2. Any person convicted on a trial by a 2. The regularity of any proceedings of
Session judge or on a trial held by any such court.
other court for more than 7 years may
appeal to the High Court
3. Any person convicted on a trial held 3. The powers of revision cannot be used
by metropolitan Magistrate or through interlocutory orders.
Magistrate Ist. Class may appeal to 4. During the hearing of Revision argue of
Session Judge. the person applying for revision should
4. If the appellant is in jail he present his be considered seriously even though it
petition of appeal through Officer I/c they are too brief. Case Pal George v/s
jail. state-02.
5. Pending an appeal by accused person
the appellate court shall suspend the
execution of order of sentence & if he is
in confinement he be released on bail.

17: What is bail? State the provisions of Bail under Cr.P.C. Can a person get
order to be released on Bail without judicial or Police custody? Refer case law.
INTRODUCTION:-It is travesty of justice that many poor accused i.e. ‘little
Indians’ are forced into long cellular servitude for little offences because the bail
procedure is beyond their meagre means and trails don’t commence and even if
they do, they never conclude. Our bail system suffers from a property oriented
 approach which means to proceed on the erroneous assumption that risk of
monetary loss is the only deterrent against fleeing from justice.
What is bail?-When any person who is accused of any offence other than non-
bailable offence, he shall be released on bail under sec.436 of the code provided he
has been arrested or detained without warrant by an Officer I/C of Police station or
he appears or is brought before a court and he must be prepared any time whine in
the custody or at any stage of the proceeding before a court.
However the following are the provisions of getting Bail under Cr.P.C. Offences
can be classified into two classes on the basis of bail:-
i) Bailable offences: - Bailable offences are of general nature and in these offences it
is right of accused to be released on bail.Sec.436 of Cr.P.C. pertains to Bailable
offences.
ii) ii) Non-Bailable offences: - These offences are of severe nature and bail cannot be
claimed as right in them. In such cases bail depends upon the discretion of the
court. Sec. 437 relates to Non-bailable offences.
1. Grant of Bail in Non-bailable offences: - Sec. 437 provides that when any person
accused of or suspected of commission of any non bailable offence is arrested or
detained without warrant by an Officer I/C 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. Thussection 437 empowered a Magistrate to take bail in non
bailable offences. The provision of this makes it clear that bail in non bailable
offences depends upon the discretion of the court.
i) When bail shall be granted: - sec.437 (1) lays down two situation in which bail
shall not be granted by magistrate:1) reasonable grounds for believing that he has
been guilty of offence punishable with death or imprisonment for life. 2. When
offence is cognizable and he had been convicted with death, imprisonment for life
or imprisonment for 7 years or more or he has been convicted on two or more
occasion.
ii) There are exceptions to receive bail:- this section also provided with few
exceptions where magistrate can receive bail in following cases:-
a) Where the accused is under the age of 16 years.
b) If she is a woman.
c) Sick or infirm
Thus in the above cases the bail application can be accepted even though the
accused in guilty of offence punishable with death or imprisonment for life or has
been convicted earlier. Case Venkataramanappa v/s State of Karnatka-1992.
Conditions for Bail:- Under sec. 437(3) that where a person accused or suspected
of the commission of an offence punishable with imprisonment which may extend
to 7 years or more or for an offence, abetment of or conspiracy or attempt to
commit any such offence is released on bail, the court may impose any condition
 which the court considers necessary, as in the case of Gurbaksh Singh v/s State of
Punjab-1980:-
 In order to ensure that such person shall attend in accordance with the conditions
of the bond executed under this chapter.
 That such person shall not commit an offence similar to an offence of which he is
accused or suspected.
 That otherwise in the interest of Justice.
Can a person get order to be released on Bail without judicial or Police
custody:-
Where any person has reason to believe that he may be arrested on accusation of
having committed a non-bailable offence he may apply to the High Court or the
Court of Session for a direction under sec. 438 that in the event of such arrest he
shall be released on bail.
*It was held in Adri Dharam dass v/s State of W.B-2005; it was held that it is
exercised in case of an anticipated accusation of non-bailable offence. The object
of this section is that the moment a person is arrested if he has already obtained an
order from High court of Court of Session he shall be released immediately on bail
without being sent to jail.
*It was also held in Vaman Narain Ghiya v/s State of Rajasthan-2009,
direction u/s 438 that the applicant shall be released on bail whenever arrested for
whichever offence whatsoever such a blanket order should not be passed.
It was further observed that direction under sec.438 is to be issued at pre-arrest
stage, with some conditions:-
i) That the person shall make himself available for interrogation by a Police officer
as and when required. ii) The person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case.
iii) That the person shall not leave India without the previous permission of the
court. iv) If such person is thereafter arrested without warrant by Police on such
accusation and is prepared either at the time of arrest or at any time while in the
custody of police station to give bail, he shall be released on bail.

18:-Discuss the provisions relating to revision to criminal cases. Can High

Court exercising revision powers?
INTRODUCTION: - Revision is also a judicial remedy which has been
mentioned in sec.397 of the code. The main object of revision is to examine the
purity, validity, relevancy or regulation or any order, finding or sentence. This
section gives powers to High Court and the Session Judge to call for and examine
the record of any proceeding before any inferior Criminal Court within its or his
local jurisdiction. The followings are the provisions regarding when the revision
shall be done:-
1. Calling for records to exercise powers of revision: - The High court or the
Session Judge may call for and examine the record of any proceeding before any
inferior criminal court of his jurisdiction for the purpose of satisfying as to the
correctness, legality or propriety of any finding, sentence or order recorded or
passed, u/s 397 of the code. Case Johar & Others v/s Mangal Prasad and
another-2008, it was held that trial court is not found to be passed without
considering relevant evidence or by considering irrelevant evidence.
In a case of Badri Lal v/s State of M.P.-1989: The powers under this section are
undoubtedly wide and the Session Judge can take up the matter suo motu, it must
be seen that the criminal law is not used as an instrument of private vengeance.
Kuldeep Singh v/s State of M.P.-1989: It was held that the order framing charge
could not be lightly interfered with in revision.
In vinod kumar v/s Mohawati-1990: That the court of Session has similar powers
as of High Court in revision and as the High Court is authorized to take additional
evidence in revision.
In Gram Sabha Lakhanpur v/s Ram Dev-1993:- It was held that the complainant
may or may not have a legal right of being heard but the rule of prudence and
natural justice requires that the aggrieved party must be afforded an opportunity of
hearing.
In a case of Mahavir singh v/s Emperor-1944: The regularity of any proceedings
of such inferior court where the finding sentence or order is illegal or improper and
where the proceedings are irregular.
Case of T.B.Hariparsad v/s State-1977, it was held that the powers of revision
cannot be used through interlocutory orders passed in any appeal inquiry, trial or
other proceedings under sec. 397(2).
In a case of Paul George v/s State-2002, it was held that during the hearing of
Revision argue the person applying for revision should be considered seriously
even though if they are too brief.
2. Order of Inquiry:- Sec. 398 of the code provides powers of issuing order of
inquiry to High Court or court of Session. Accordingly on examining any record
under sec.397 or otherwise the High Court or Session Judge may direct CJM by
himself or by any of Magistrate subordinate to him to make inquiry of any
complaint which has been dismissed under sec.203 or the case of any person
accused of an offence who has been discharged.
3. Powers of Revision of Court of Session: - Sec.399 provides powers of revision
to court of session in the case of any proceeding the record of which has been
called for by himself. The session judge may exercise all or any of the powers
which may he exercised by the High Court.
Where an application for revision is made by or on behalf of any person before
the session judge the decision of the session judge shall be final and no further
proceedings by way of revision a the instance of such person shall be entertained
by the High Court or any other court. These powers of revision have been provided
to the Addl. Session Judge under sec.400.
4. Powers of Revision of High Court: - Sec.401 of the code provides powers of
revision to High Court that in case of any proceeding the record of which has been
called by itself or which otherwise comes to its knowledge, the High Court may
exercise any of the powers conferred on a court of appeal by sec. 386, 389, 390 and
391 or on court of session by sec. 307. Thus during revision High Court shall be
able to exercise all powers which an appellate court can do. In case of Vimal Singh
v/s Khuman Singh-1998: Supreme Court restricted the area of revision generally
the order of acquittal is not interfered. Powers of revision can be exercised in
following situations:-i)Where severe illegality has occurred by trial court.
ii) Where the order of trial court has failed to provide justice.
iii) Where the trial court has tried a case which fall beyond its jurisdiction.
iv) Where the trial court has stopped taking evidence unlawfully.
Here it is pertinent to mention that any party has applied for revision believing that
no appeal lies there but an appeal lies there then the court shall consider such
application for appeal in the interest of justice u/s 401(2). The order of acquittal
cannot be reversed into an order of conviction in revision as held in case
of Singher Singh v/s State of Haryana-2004, u/s 401(3).
5. Power of High Court to withdraw or transfer revision cases:-whenever one
or more persons convicted at the same trial makes an application to High Court for
revision. The High Court shall direct that the applications for revision made to it be
transferred to the Session Judge who will deal with the same as if it were an
application made before him, under sec. 402 of this code.
6.Copy of the order to be send to lower court:- Sec. 405 of the code provides
that where any case is revised by High Court or court of session, it or he shall in
the manner provided by sec.388, certify its decision or order to the court of by
which the finding, sentence or order revised was recorded or passed and the court
to which decision or order is so certified shall thereupon make such orders as are
confirmable to the decision so certified and if necessary record shall be amended in
accordance there with.

19.Discuss the provisions of Judgment. Can court alter its own Judgment?
 INTRODUCTION: - It must contain the judgment comes out from every trial in
any criminal court of its original jurisdiction which is to be pronounced in open
court by the presiding officer immediately after the termination of the trial.
Judgment can be delivered in whole or the operative part of the judgment and
explaining the substance of the judgment in a language which is understood by the
accused. The provisions however are as under:-
1. Contents of Judgement:- Section 353 of cr.P.C-1973 provides that the judgement
in every trial in any criminal shall be pronounced in the open court by the presiding
officer just after the completion of the trail or at some subsequent time which
notice shall be given to the parties or their advocates. It can be delivered as a whole
of the judgement or can by reading out the of judgement. If may also be byreading
the operative part of the judgement in such language which easily be understood by
the accused or his advocate.
a)Each and every page of judgment when it is made should be singed, mentioning
the date of delivery of the judgment in open court.
b) No judgment which is delivered by any criminal court shall be deemed to be
invalid by reason only of the absence of any party or his advocate on the day or
place notified for the delivery of the judgment.
c) As soon as the judgment is pronounced a copy of the same immediately be made
available for the perusal of the parties free of cost.
d)If the accused is in the custody he shall be brought up to hear the judgment
pronounced. And if the accused is not in custody he shall be required by the court
to attend to hear the judgement pronounced.
e) Where there are more accused than one and one or more of them do not attend
the court on date on which the judgement is pronounced. Presiding officer to avoid
delay in the disposal of the case pronounce the judgement even their absence.
2.Language & contents of Judgement: - According to sec.354 the judgement
should be written in language of court which contains points for determination, the
decision thereon and the reasons for the decision. If it be a judgement of acquittal,
shall state the offence of which accused is acquittal and direct that he be set at
liberty. Sec.354(3) when all the murderers are to be sentenced with death sentence
will become a dead law as held in a case ofMuniappan v/s State of Tami Nadu-
1981.
3 Order for notifying address of previously convicted offender: - When any
person having been convicted by a court in India of an offence punishable which
relates to criminal intimidation with imprisonment for a term of three years or
upwards is again convicted of any offence punishable Court may order that his
residence and any change of such residence after release be notified. Such rules
may provide for punishment for the breach thereof, under sec.356.
4.Order to pay compensation: - When a court imposes a sentence of fine or a
sentence including sentence of death of which fine forms a part the court may at
the time of passing judgement the whole or any part of fine recovered to be applied.
In the payment to any person of compensation for any loss or injury caused by the
offence when compensation is in the opinion of the court recoverable by such
person in a civil court. At the time of awarding compensation in any civil suit
relating to the same matter the court shall take into account any sum paid or
recovered ass compensation on the provisions laid down in thissec.357, in case of
Mangilal v/s State of MP-2004. In Sube singh v/s State of Haryana-2006, is a
fit case to award compensation.
5. Special Reasons to be recorded in certain cases:- As per provisions laid
down in sec.361 of cr.P.C.,where in any case the court could have deal with an
accused person under sec.360 under the provisions of probation of offenders Act or
a young offender under children act or any other law for the time being in force for
the treatment, training or rehabilitation of young offenders has not done so. It must
be recorded in judgement giving special reasons for having not done so, as held in
a case of State of Himachal Predesh v/s Lat Singh-1990.
6. Court not to alter judgement:- Provisions lays in the sec. 362 or by any other
law for the time being in force, no court when it has signed the judgement or final
order disposing of a case shall alter or review the same except to correct clerical or
arithmetical error. In case of Naresh & others v/s State of U.P.-1981.
7. Copy of the Judgement to be given to the accused & other persons:-When
the accused is sentenced to imprisonment a copy of the judgement shall
immediately after the pronouncement of the judgement be given to him free of cost.
In case of Ladli Prasad Zutshi v/s State of Allahbad-1931, it was held that even
public has a right to obtain a copy of the judgement of any criminal court. This has
been provided in sec. 363 of Cr.P.C.-1973.
8. Judgement when to be translated: - As per instructions u/s 364 it is said that
the original judgement shall be filed with the record of the proceedings and where
the original is recorded in a language different from that of the court and the
accused so requires a translation thereof into the language of the court shall be
added to such record.
9. Court of Session to send copy of finding and sentence to District
Magistrate:- The cases tried by the court of Session or a CJM the court or such
Magistrate shall forward a copy of its or his finding and sentence if any to the
District Magistrate within whose local jurisdiction the trial was held as provided
in sec. 365 of Cr.P.C.-1973.
 20: Analyse the provisions of grant of Anticipatory bail. Can anticipatory bail
be allowed in Murder case? If so when?
INTRODUCTION: - Anticipatory bail has an important place in the series of Bail.
Its main object is to protect the innocent persons from arrest undersec. 438 of the
criminal procedure code-1973 lays down the provisions regarding grant of
anticipatory bail.
 What is Anticipatory Bail: - In-spite of the fact that the Cr.P.C., has not defined
Anticipatory Bail but it means that when a person has a reason to believe that he
may be arrested on accusation of having committed a non-bailable offence, he may
apply to High Court or to the court of Session that in the event of such arrest he
shall be released on bail at that time it is anticipatory bail. It is also called
Apprehension Bail on the basis of provisions laid down in sec. 438 of cr.P.C.
 Object of the Anticipatory Bail:- The object of Anticipatory bail is to protect a
person from arrest. A person against whom a warrant of arrest has been issued
shall first be arrested kept in custody for few days and then released on bail, it
means where there is no purpose for the arrest he shall not be arrested.
 When anticipatory Bail would be Accepted:- Section 438(1) says that, “when
any person has reason to believe that he may be arrested on an accusation of
having committed a non-bailable offence, he may apply to the High Court or court
of Session for a direction under this sec.438(1) and court if thinks it fit, can direct
that in event of such arrest he shall be released on bail.” Case of Gurbaksh Singh
v/s State of Punjab-1980, he was not granted anticipatory bail merely on fear of
arrest. In a similar case of Ashok kumar v/s State of Rajasthan-1980, that
anticipatory bail should not accepted until there is a definite fear of arrest and such
fact has come before the court.
It is pertinent to mention here that reason to believe does not mean mere fear,
i.e. mere ‘fear’ is not sufficient cause. Grounds on which belief is based must be
capable of being examined.
 Who shall accept the Anticipatory Bail:- Sec. 438 (1) that the following
authorities may accept the anticipator bail application:
i. High Court ii. Court of Session
That any accused of an offence and in custody be released on bail on acceptance of
bail application in the above said courts u/s 439 of Cr.P.C.
 Conditions of Grant Anticipatory Bail:-Court can impose reasonable conditions
for grant of anticipatory bail. Those conditions have been mentioned in section
438(2). When the High Court or Court of Session make a direction with some
conditions in the light of the facts of the particular case as it may think fit for bail:-
a. That the person shall not leave India without previous permission of the court.
b. That person directly or indirectly make an inducement threat or promise to any
person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the court or to any police Officer.
c. That the person shall make himself available for interrogation by a police officer
as and when required.
d. That any such other condition as may be imposed under sec.437 if the bail is
granted under this section.
ANTICIPATORY BAIL IN MURDER CASE: - There is no set principle fixed for
grant of anticipatory bail. It is basically depends upon the facts and circumstances
of every case and the nature of the case. Generally the anticipatory bail is not to be
granted in the matters like murder, unnatural death, dourly death.
A case if SamunderSingh v/s State of Rajasthan -1987, the court held that the
anticipatory bail cannot be accepted in dowry death cases especially where father-
in-law and mother-in-law caused unnatural death of the daughter-in-law.
Similarly refusing to grant of anticipatory bail in the matters of atrocities to
schedule tribe and schedule caste was held to be constitutional in a case of State
v/s Ram kishore Batolia-1995.
Anticipatory bail has also been refused in the matters of FERA, a case
ofDukhishyam Venupanni v/s Arun Kumar Bajoria-1998.

Even the facts mentioned above the anticipatory bail can be granted in
Murder cases on the basis of following circumstances:-

i)When there is no apprehension about the absconding of the accused.

ii) When there is no apprehension of inducing or enticing witnesses by the
accused.
iii) When there is no apprehension of the accused for moving abroad.
iv)Where the offence is not the severe or deadly nature.

HEARING OF PROSECUTION
The prosecution must be provided an opportunity of hearing while considering the
anticipatory bail as held in the case of State of Assam v/s R.K.Krishankumar-
1998.
 UNIT-V
INTRODUCTION:-Offences can be classified into two classes on the basis of bail:
Bailable offences: - Bailable offences are of general nature and in these offences it
is right of accused to be released on bail. Sec.436 of Cr.P.C. pertains to Bailable
offences.
Non-Bailable offences: - These offences are of severe nature and bail cannot be
claimed as right in them. In such cases bail depends upon the discretion of the
court. Sec. 437 relates to Non-bailable offences, under section 437 and 439 relates
to non-bailment offence.

Grant of Bail in Non-bailable offences: - Sec. 437 provides that when any person
accused of or suspected of commission of any non bailable offence is arrested or
detained without warrant by an Officer I/C 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.
Thus section 437 empowered a Magistrate to take bail in non bailable offences.
The provision of this makes it clear that bail in non bailable offences depends upon
the discretion of the court.
When bail shall be Granted:- Sec. 437(1) of the code lays down the following
situations in which bail shall not be granted by the Magistrate:-
i) When the Magistrate believes that there are reasonable grounds of guilty of offence
punishable.
ii) If person has been previously convicted of an offence punishable on two or more
times.
CONDIIONS FOR BAIL
1 Sec. 437(3) of the code provides that where a person accused or suspected of the
commission of an offence punishable which may extend to seven year or more or
of an offence defined in IPC and any such offence the accused is released on bail
the court however may impose any condition which the court considers necessary:-
1. That such person shall attend in accordance with conditions mentioned in the bond
executed by him.
2. Such person shall not commit an offence of the similar to an offence of which he is
accused or is suspected.

ARREST OF A PERSON
Introduction: - Generally, a person is arrested by the order of the
magistrate or by a warrant. A police officer cannot arrest a person
arbitrarily or without the order of magistrate or without warrant. But this
 rule has few exceptions to it which means that under certain
circumstances a person can be arrested without the order of the
magistrate or without warrant.
Arrest without warrant:- Sec. 41 of the Criminal Procedure Code 1973
provides that a police officer can arrest a person without the orders or
warrant of the magistrate in following situations:
(8) When any person 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.
(9) When any person has in his possession without lawful excuse any
implement of house-breaking.
(10) When any person in whose possession anything is found which may
reasonably be suspected to be stolen property and who may reasonably
be suspected of having committed an offence with reference to such
things.
(11) When any person obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape from lawful custody.
(12) When any person is reasonably suspected of being a deserter from any of
the armed forces of the union.
(13) When any person being a released convict, commits a breach of any rule
made under sub-section (5) of section 356;
(14) When for any persons arrest any requisition, whether written or oral, has
been received from another police officer, provided that the requisition
specifics the person to be arrested.
Thus, in this way a police officer under sec 41(1) can arrest any person
without the order or warrant of a magistrate.

CHARGE
INTRODUCTION: - The object of the rule embodied in the sec. 218 of Cr. P.
C., is to ensure a fair trial and to see that the accused is not bewildered or perplex
to confuse by having been asked to defend several unconnected charges or distinct
offences lumped together in one charge or in separate charges. We will read the
rules relating to joinder of charges described in different part of this section. There
 is no exception to the rule that there should be separate charge for each
offence. The detail study of this section is as under:-
DEFINITION: - For every distinct offence of which any person is accused there
shall be a separate charge and every charge shall be tried separately. 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, Magistrate may try
together all or any number of the charges famed against such person.
1. Effect of Contravention of Sec.218:- The effect of the contravention of the
provisions of this sec. has been considered by the Supreme Court in following
number of cases:- Sushil Kumar v/s Joy Shankar-1971: It was held that charges
under 408 and 477A of IPC could be tried together. In this case several persons
accused on several items of embezzlement were tried jointly. There was no failure
of justice in consequence of the joinder of charges had occurred. In V.N.
KAMDAR v/s DELHI MUNICIPALITY-1973: It was held, “that the provisions
of sec. 218 to 224 would indicate that separate charge and separate trial for such
distinct offence is the normal rule and joint trial is an exception when the accused
have committed separate offence.”
2. Failure to Explain injuries on the accused:- When the prosecution fails to
explain satisfactorily the injuries sustained by the accused there are number of
judicial pronouncements on this point. Case State of Gujrat v/s Bai Fatima-1975:
It was held that the accused had inflicted the injuries on the members of the
prosecution party in exercise of the right of self-defence.
3. Three offences of the same kind within year may be charged together:-under
section 219 of Cr. P. C. when a person is accused of more offences than one of the
same kind committed within the space of twelve months from the first to the last of
such offences, he may be charged with and tried at one trial for any number of
them not exceeding three. Provisions of section are only enabling provisions, it
applies where offences are of the same kind but it does not apply where offences
are not of the same kind such as criminal breach of trust and falsification of
accounts. Rahmat v/s State of U. P.-1980.
Trial for than one offence:- If in one series of Acts so connected together as to
form the same transaction more offences than one are committed by the same
person, he may be charged with and tried at one trial for every such

APPELS & ITS LIMITATION PERIOD

INTRODUCTION:-Appeal is an important remedy for person’s dissatisfied from
judgment finding and orders of the trial court. Under section 372 of the Cr.P.C., it
is provided that relation to appeal it is necessary to know that no appeal shall lie
from any judgment or order of a criminal court except as provided by this code or
any other law for time being in force, caseGarikapati v/s Subhash coudhari-
1957. However the provisions regarding making an appeal are the following:-
1. Appeal from orders requiring security or refusal to accept or rejecting
surety for keeping peace or good behavior: - Any person who has been ordered
to give security for keeping the peace or for good behavior or who is aggrieved by
any order refusing to accept or rejecting a surety on the basis ofsec.373.
2. Appeals from Convictions: - According to section 374 of code that any person
convicted on a trial by a H/C in its extraordinary original criminal jurisdiction may
appeal to Supreme Court similar any person convicted by session judge or on a
trial held by any other court which sentence or imprisonment is more than 7 years
may appeal to High court. Case Panchi v/s State of U.P.-1998, In C.Gopinathan
v/s State of Kerala-1991
3. Appeal by State against sentence: - Under sec.377, the state Government may
in any case of conviction on a trial held by any court other than a H/C direct the
Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy to Court of Session if the sentence is passed by the Magistrate or to the
H/C if the sentence is passed by any other Court. When an appeal is filed against
the sentence on the ground of its inadequacy court shall not enhance the sentence
except after giving to the accused a reasonable opportunity of sowing cause against
such enhancement. Case ofNadir Khan v/s State-1976.
4. Appeal in case of Acquittal :- In an appeal against acquittal undersec.378 the
H/C has full power to review at large the evidence on which the acquittal is based
and to reach the conclusion that the order of acquittal should be reversed as held in
case of Mohandas v/s State of MP-1973, but exercising his power the H/C should
give proper weight and consideration to the view of the trial judge as to the
credibility of witnesses, presumption of innocence in favour of the accused. And a
right of the accused to the benefit of any doubt. It was also held in State of U.P.
v/s Gambir Singh-2005 case of appeal against acquittal if on same evidence two
views are possible, the one in favour of accused must be preferred.
During the hearing of appeal from the order of acquittal it should be taken into
consideration that there is no miscarriage of justice, case Allahrakha K. Mansuri
v/s State of Gujrat-2002. The order of acquittal cannot be dismissed merely on
the ground that a second approach could have been applied in the case and it means
that the accused could have been convicted on considering another view a case
of Chandra Singh v/s State of Gujrat-2002.

COMPLAINT CASE
DEFINITION: - Sec. 200 says, that the preliminary procedure which a Magistrate
shall follow on receiving a complaint. It is obligatory to examine the complainant
and the witnesses and a summary dismissal without them is not legal. 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. If a public servant
acting or purporting to act in the discharge of his official duties or a court has made
the complaint or the magistrate makes over the case for inquiry or trial to another
Magistrate under sec.192.
1. Procedure by Magistrate not competent to take cognizance of the case: If a
complaint made to a Magistrate who is not competent to take cognizance of the
offence he shall return it for presentation to the proper court with an endorsement
to that effect or where the complaint is not in writing then he will direct the
complainant to the proper court as provided in sec.201 of Cr.P.C.Case of Rajender
Singh v/s State of Bihar, 1989.
2. To Postponement of issue of Process:- Sec.202 of the code provided that where it
appears to the magistrate that the offence complained is triable exclusively by the
court of Sessions or where the complaint has not been made by a court unless the
complainant and the witnesses present have been examined on oath under
sec.200. If an investigation is made by a person not being a Police officer he shall
have for that investigation all the powers conferred by this code on an officer in
charge of a police station except the power o arrest without warrant. Sec. has
provided to ascertain the following: i) to ascertain the facts constituting the
offence.
ii) To prevent abuse of process resulting in wastage of time of the court and
harassment to the accused.
iii) To help the magistrate to judge if there is sufficient ground for calling the
investigation and for proceeding with the case. Case: Balraj Khanna v/s
Motiram-1971.
3. Dismissal of Complaint: - A Magistrate may dismiss a complaint if after
considering the statement on oath of the complainant and of the witnesses and the
result of inquiry or investigation under sec.202. But where there is sufficient
ground for preceding the Magistrate cannot dismiss the complaint under sec.203 of
the code. If he finds that no offence has been committed, if he distrusts the
statement or if he distrusts the complainant may direct for further inquiry. In such
cases he may refuse to issue process. Case Sulab Chandra v/s Abdula-1926. These
are the provisions under sec.203 of Cr.P.C.

ANTICIPATORY BAIL
INTRODUCTION: - Anticipatory bail has an important place in the series of Bail.
Its main object is to protect the innocent persons from arrest undersec. 438 of the
 criminal procedure code-1973 lays down the provisions regarding grant of
anticipatory bail.
What is Anticipatory Bail: - In-spite of the fact that the Cr.P.C., has not defined
Anticipatory Bail but it means that when a person has a reason to believe that he
may be arrested on accusation of having committed a non-bailable offence, he may
apply to High Court or to the court of Session that in the event of such arrest he
shall be released on bail at that time it is anticipatory bail. It is also called
Apprehension Bail on the basis of provisions laid down in sec. 438 of cr.P.C.
Object of the Anticipatory Bail:- The object of Anticipatory bail is to protect a
person from arrest. A person against whom a warrant of arrest has been issued
shall first be arrested kept in custody for few days and then released on bail, it
means where there is no purpose for the arrest he shall not be arrested.
When anticipatory Bail would be Accepted:- Section 438(1) says that, “when
any person has reason to believe that he may be arrested on an accusation of
having committed a non-bailable offence, he may apply to the High Court or court
of Session for a direction under this sec.438(1) and court if thinks it fit, can direct
that in event of such arrest he shall be released on bail.” Case of Gurbaksh Singh
v/s State of Punjab-1980, he was not granted anticipatory bail merely on fear of
arrest. In a similar case of Ashok kumar v/s State of Rajasthan-1980, that
anticipatory bail should not accepted until there is a definite fear of arrest and such
fact has come before the court. It is pertinent to mention here that reason to
believe does not mean mere fear, i.e. mere ‘fear’ is not sufficient cause. Grounds
on which belief is based must be capable of being examined.
1. Who shall accept the Anticipatory Bail
a. Sec. 438 (1) that the following authorities may accept the anticipatory bail
application: High Court, Court of Session.
That any accused of an offence and in custody be released on bail on acceptance of
bail application in the above said courts u/s 439 of Cr.P.C.
Conditions of Grant Anticipatory Bail:-Court can impose reasonable conditions
for grant of anticipatory bail. Those conditions have been mentioned in section
438(2). When the High Court or Court of Session make a direction with some
conditions in the light of the facts of the particular case as it may think fit for bail:-
a.That the person shall not leave India without previous permission of the
court. b)That person directly or indirectly make an inducement threat or promise
to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police Officer. c. That the person shall
make himself available for interrogation by a police officer as and when required.

POWERS OF CRIMINAL COURTS

 INTRODUCTION: - Chapter III of the code deals with Powers of
Courts to take cognizance of the offences. For this purpose the offences
are divided into two groups, i) Offences under IPC and ii) offences
under any other law. The courts by which these offences are triable are
specified below:-
Courts by which offences are triable: - As per provisions laid down
in section 26 the courts by which offences are triable:-
3. a) Any offence under IPC-45 may be tried by High Court. B)
Session Court. c) Any other court by which such offence is shown in the
first schedule to be triable.
4. Any offence under any other law, when any Court is mentioned in this
behalf in such law, is tried by: i) High Court. ii) Any other court by
which such offence is shown in the first schedule.
Section 27: Jurisdiction in the case of Juveniles: Any offence not
punishable with death or imprisonment for life who at the date when he
appears or is brought before court under the age of 16 years may be tried
by the court of CJM or any other court which specially empowered.
Sentences which High Courts and Session Judges may pass: - As per
provision laid down in Sect. 28 of the code that:- (i) High Court may
pass any sentence authorized by law. (ii) Session Judge or ADJ may pass
any sentence authorized by law but any sentence of death passed by such
judges shall be subject to confirmation by the High Court.
Sentences which Magistrates may pass:- Sec.29 of Code, The court of
CJM may pass any sentence authorized by law except sentence of death
or of imprisonment for life or imprisonment for a term exceeding 7 years.
The court of Magistrate of First Class may pass a sentence of
imprisonment for a term not exceeding three years or of fine not
exceeding Rs.10, 000.
The court of 2nd Class Magistrate may pass an imprisonment for a
term not exceeding One year or of fine not exceeding Rs.5000/- or of
both.
Sentence of Imprisonment in default of fine:-The court of Magistrate
may award such term of imprisonment in default of payment of fine as
authorized by law under sec.30 of the code, not exceeding one fourth of
the term of imprisonment and also not excess of the powers.
 SUMMARY TRIALS
On the basis of provisions under section 260 of the code, power to try
summarily: - notwithstanding anything contained in this code, Any CJM,
Any metropolitan Magistrate or any Magistrate of the first class
specially empowered in this behalf by the High Court, may if thinks fit
try a summary way in all or any of the following offences. Summary
trial can also be done by the magistrate of second class u/s 261 of the
code; the High Court may confer on any magistrate invested with the
powers of a Magistrate of the second class. If any from the above
Magistrate’s thinks fit, may try in a summary way for all or any of the
following offences:-
1. Offences not punishable with death imprisonment for life imprisonment
for a term exceeding two years.
2. Theft under sec. 379, 380 and 381 of IPC where the value of the
property stolen does not exceed two thousand rupees.
3. Receiving of retaining of stolen property under sec.411, IPC, where the
value of the property does not exceed two thousand rupees.
4. Assisting in the concealment or disposal of stolen property under sec.
414 of IPC, where the value of such property does not exceed two
thousand rupees. 5. Offences under section 454 and 455 of IPC.
6. Insult with intent to provoke a breach of the peace under sec. 504 and
with imprisonment for term which may extend to two years or with fine
or with both, under sect. 506 of IPC. 7. Abetment of any of the
foregoing offences. 8. An attempt to commit any of the foregoing
offences when such attempt is an offence.
The mode of trial is sought to be altered under this sub-section the trial
must from its inception to be conducted in the regular manner, case
of State v/s D.N.Patel-1971. The Magistrate under this section as a
discretion o try the offences specified in this section in a summarily way.
Procedure of summary trials: - Under sec. 262 of the code is related to
the procedure for summary trial, shall be the same as in summons case
except in so far as it is modified by the provisions. In the case of
summary trial the limit of term of sentence of imprisonment is three
months. However if the court is considers it necessary that a longer
sentence is necessary in the interest of justice in any case the trial should
be held as in a warrant case or as a summon case according to the nature
of the offence.
PLEA BARGAINING
Under section 265A of the code, described that the application
of the provisions of this section in respect of accused against whom the
report has been forwarded by the officer in charge of Police station
under sec.173, the offence appears to have been committed by him and
the Magistrate has taken cognizance of an offence on complaint other
than an offence for which the punishment of death or life imprisonment
or imprisonment for a term exceeding seven years and examining
complainant and witnesses issued the process as per law.
Application for plea bargaining: Sec.265B of the code lays that a
person accused of an offence may file application for plea bargaining in
the court in which the offence is pending for trial. The application
accompanied by an affidavit sworn by the accused stating therein that he
has voluntarily preferred after understanding the nature and extent of
punishment provided under the law for the offence the plea bargaining in
his case and that he has not previously been convicted by a court in a
case which he had been charged with the same offence.
FINALITY OF THE JUDGEMENT:- The judgment delivered by the
court under section 265G shall be final and no appeal except the special
leave petition under article 136 and writ petition underarticle 226 and
227 of the constitution shall lie in any court against such judgment.
POWER OF THE COURT IN PLE BARGAINING:- A court shall
have for the purposes of discharging its functions under the provisions in
section 265H, all he powers vested in respect of bail, trial of offences
and other matters relating to the disposal of a case in such court on the
basis of above provisions.