CRIMINAL PROCEDURE CODE -II

QUESTION PAPER – 2022

1. Examine the principal features of fair trail?

The primary object of criminal procedure is to ensure a fair trial to every

person accused of any crime. The notion of a fair trial has close link with
the basic and universally accepted human right1. It may however be
noted that the fairness of a criminal trial should not be measured in
absolute term.

The question whether a criminal trial is fair or not will have to be

examined in relation to the gravity of the accusation, the time and
resources which the society can reasonably afford to spend, the quality of
the available resources, the prevailing social values etc. In this it is
attempted to give an overview of the common attributes of a fair criminal
trial.

Article 14 of the International Convention on Civil and Political Rights

(ICCPR) guarantees the right to a fair trial and Article 16 provides a right
to recognition everywhere as a person before the law. Article 10 of the
Universal Declaration of Human Rights (UDHR), which guarantees the
right to a fair trial. The provisions related to a fair trial in the International
Convention on Civil and Political Rights (ICCPR) is more exhaustive and
detailed than the provisions in the Universal Declaration of Human Rights
(UDHR).

The following features of fair trial are as follows

1. Adversary system

2. Independent, impartial and competent judge

3. Venue of the trial

4. Presumption of innocence

5. Right of accused person

6. Expeditious trail

Adversary System
Our country adopts adversary system of criminal trial. According to this
any dispute as to the criminal responsibility of a person is to be resolved
by the criminal court after giving fair and adequate opportunity to the

1
 CRIMINAL PROCEDURE CODE -II

person before the court of their respective cases. It enables an Impartial

and competent court to have proper perspective of the case and it is a
better device to discover the truth in a fair manner. In such, state
represent the victim and the state starts a trial against the accused.

This system recognized equal right and opportunity to both the parties.
Further, the code requires the criminal court to play a more active and
positive role than that of mere referee in the combat between the
prosecutor-state and the accused person. The charge against the accused
is to be framed not by the prosecution but by the court after considering
the circumstance of the case and prosecutor cannot withdraw from the
case without the consent of the court.

Himanshu Vs. State of MP 2 case apex court imagined that under free
trial the Code isn't granted to the gatherings and court has motivations to
accept that organization or examiner isn't acting in the imperative way
and the court can practice its power under section 311 and 165 of the
Code of the Indian Evidence Act, 1872 to bring in for the material witness
and acquire the important reports in order to serve the reason for equity.

Independent, impartial and competent Judge:

1. Separation of judiciary from the Executive:

To guarantee autonomous working of legal executive in criminal
matters, the Code has achieved the detachment of the legal
executive from the judiciary by requiring the arrangement of Judicial
Magistrates and bringing them all under the control of High Court in
each State, which is explicitly set down under the arrangements of
Section 6 to 19 of Cr.P.C. Due to the partition, no judicial officer
would be connected with any person connected with the
prosecution. In criminal trial, as the State is arraigning party it is of
uncommon importance and significance that the legal executive is
liberated of all doubt of leader impact or control

2. Court to be open:
According to section 327 the place where the court is held shall be
open court for which the general public may have access3. Public
trial in open court is an amazing instrument for making certainty of
public in reasonableness, objectivity and fair-mindedness of the
organization of criminal equity.

3. Judge or Magistrate not to be personally interested in the case:

2
 CRIMINAL PROCEDURE CODE -II

According to section 479 of the code

1. No judge or Magistrate shall expect with permission of the higher

court try or commit for trail any case to or in which he is a party or
personally interested

2. No judge or Magistrate shall hear an appeal from any judgement or

order passed or made by himself.

3. Transfer of case to secure impartial trial- According to section 190

(1) c, a magistrate has power to take cognizance of an offence may
do upon his own knowledge about the commission of any such
offence. However, in such case the accused must be told before any
evidence is taken that he is entitled to have the case tired aby
another magistrate {sec. 191].

Secondly, whenever it is made to appear to the High court that a fair and
impartial inquiry or trial cannot be held in any criminal court subordinate
to it may subject to condition laid down in section 407, order that (I) any
offence be inquired into or tired by any other competent court or

(ii) that any particular case or class of case be transferred from a criminal
court subordinate to its authority to any other criminal court. Similarly, the
power of transfer of cause given to the Supreme court and the session
court by section 406 and 408.

In Ambazhagan Vs. Superintendent of police 4, Supreme court held

that party interested in sec 406(2) would encompass political opponents
of the accused saying they are the watch dogs of the govt. in power. The
petitioner wanted the criminal case filed against the Chief Minister of the
state to be transferred out of the state. The Supreme court ordered saying
that “The petitioner has raised many justifiable and reasonable
apprehensions of miscarriage of justice would require our interference in
exercise of power under sec.406 CrPC.

Venue of the trial

The provision regarding venue of inquiry or trial are contained in section
177-189. If the place of trial is highly inconvenient to the accused person
and causes various impediments in preparation of his defence, the trial at
such a place cannot be considered as trial 5.

Presumption of innocence

3
 CRIMINAL PROCEDURE CODE -II

Every criminal trial began with presumption of innocence in favour of the

accused, and the provision of the code are so framed that a criminal trial
should begin with and be throughout governed by the essential
presumption. However, it has been observed that the burden of proving
the guilty of the accused is upon the prosecution and unless it relieves
itself of that burden, the court cannot record a finding of the guilty of
accused 6.

In State of UP Vs. Naresh and ors7 case supreme court had observed
that the standard of assumption of innocence unless guilty is
demonstrated structures of criminal law in India.

Right of accused person

A fair trial implies that it should be fair both to the prosecution as well as
well as the accused person. Therefore, the following right in favour of the
accused have been recognised by the code with a view to make trial fair
to the accused person.

1. Right to know of the accusation:

In order to enable the accused to make preparation for his defence,
it is essential that he be informed of the accusation against him.
When an accused person is brought before the court for trial the
particulars of the offence of which he is accused shall be stated to
him. [Ss.228,240,246,25]. In case of serious offence, the court is
required to frame in writing a formal charge and then to read and
explain the charge to the accused

2. Right of accused to be tried in his presence:

The presence of the accused throughout the trial would enable him
to understand properly the case as it is unfolded in the court. The
presence can be implied from the provision which allow the court to
dispense with the personal attendance of the accused under certain
circumstances [sec.205,273]. Section 317 however makes an
exception and empower the court dispense the attendance of the
accused person. At any stage of the inquiry or trial, if the court is
satisfied the attendance of the accused person before it is not
necessary and is represented by pleader, dispense then court may
proceed with such inquiry or trial in his absence.

3. Evidence to be taken in presence of accused:

According to section 273 all evidence taken in course of the trial or
other proceeding shall be taken in the presence of the accused or

4
 CRIMINAL PROCEDURE CODE -II

when his personal attendance is dispensed with in the presence of

his pleader. However, according to section 279, any evidence is
given in any language not understood by the accused and he is
present in court in person it shall be interpreted in language
understood by him. If any accused is of unsound mind and thus
unable to understand the proceeding in such case special provision
have been made in section 328-339 to deal with such situation.

4. Right to cross-examine prosecution witness:

It is important right for the purpose of defence. A criminal trial which
denies the accused person the right to cross-examine prosecution
witness is based on weak foundation, and cannot be considered as a
fair trial 6.

In Badri Vs. state of Rajasthan 8 case it was held by the apex court
that the prosecution witness was not allowed to cross-examined with
reference to his previous assertion made before the police, his proof
stands untested by interrogation and can't be acknowledged as approving
his past statement.

Expeditious trial
“justice delayed means justice denied”
Expeditious trail refers speedy trial of the accused. This standard was
considered under the idea of a reasonable preliminary to stay away from
pointless provocation of the accused. In every inquiry or trial, the
proceeding shall be held as expeditiously as possible, and in particular,
when the examination of witness has once begun the same shall be
continued from day to day until the witness in attendance have been
examined unless the court find its adjournment of the same beyond the
following days to be necessary for reason to be recorded. [sec.309(1)].

In Husianara Vs. State of Bihar 9 case it was held that speedy trial is
important part of Article 12 of Indian constitution and it is the duty of the
state to set up such technique which would guarantee fast preliminary of
the charged.

Doctrine of double jeopardy

According to this doctrine if a person is tired and acquitted or convicted of
any offence he cannot be tired again for the same offence or on the same
facts for any other offence. This doctrine has been substantially
incorporated in Article 20(2) of the constitution and is also embodied in
section 300 of the code. The second or subsequent trial in violation of the

5
 CRIMINAL PROCEDURE CODE -II

above doctrine would mean unjust harassment of the accused person and
can be considered as anything but fair and has prohibited both by the
code and the constitution.

In S.A. Venkatraman Vs. Union of India10 case the Supreme Court

held that the procedure taken before the Enquiry Commissioner didn't add
up to a commission for an offense. It was in the idea of truth finding to
prompt the Government for disciplinary activity against the appellant. It
can't be said that the individual has been indicted.

Conclusion
Indian law is in consonance with the overall global lawful guidelines on the
option to be attempted by an able and free and fair court. All people
should be equivalent under the court. Each one will be qualified for a
reasonable trial by a court set up by law. A striking necessity of
reasonable fair trial is one immediately.

2. Discuss the power of the courts relating to the

administration of justice?

What is Administration of Justice?

Administration means management and justice means doing what is fair

and right. When we talk about the administration of justice, we are talking
about how a government keeps things fair and right within its borders by
using its power to enforce the rules. To make sure justice is done, a
government needs to have the power to use force when necessary. There
are two important things every government must do:

 Protect the country from enemies and

 Keep things fair and right within its borders.

According to Salmond, a government is a group of people living in a

specific area who are organised to keep order and fairness by using force
when needed. Governments make and enforce laws to maintain peace
and keep society safe. If a government can’t do this, it can’t really be
called a government. The main job of the administration of justice is to
protect people’s rights, make sure laws are followed and punish those who
break the law.

Administration of justice refers to the system and processes through which

laws are enforced and disputes are resolved within a society. It
encompasses the application of legal principles, the investigation of
6
 CRIMINAL PROCEDURE CODE -II

alleged violations and the imposition of sanctions or remedies when

individuals or entities breach established rules and rights.

The administration of justice can be defined in three key points:

 A Politically Organised Society: This means that there is a

structured government or society in place to oversee and manage
how things are done. It’s not a free-for-all; there are rules and order.

 The Use of Government Force: The government has the

authority and power to use physical force when necessary to
maintain order and ensure that people follow the rules and laws.

 The Goal of Upholding Rights: The primary aim is to ensure that

everyone’s rights are protected and respected. It’s about making
sure that people are treated fairly and justly within the society.

Objectives of Administration of Justice

The primary objectives of the administration of justice are to maintain

order, protect individual rights, ensure fairness and uphold the rule of law.

This multifaceted concept includes both criminal and civil justice systems,
with the former focusing on the punishment of offenders and the latter on
providing remedies and compensation to those who have suffered harm. A
well-functioning administration of justice is essential for promoting social
harmony and resolving conflicts within a community.

Origin and Growth of the Administration of Justice

It is human nature to want to live together in a community. We are social

beings and this social nature compels us to be part of a society. However,
when people live together, their different interests can sometimes lead to
conflicts, which is why we need a system for administering justice. In the
early days, people would turn to their elders to settle disputes among
them.

This marked the beginning of the development of human societies,

progressing from simple, natural communities to more complex and
civilized ones. This progression is considered the historical foundation for
the evolution of systems to administer justice.

As the need for a formal system of justice became evident, the concept of
the State was born. In the beginning, these early forms of the State didn’t
have the strength to effectively control crime and punish wrongdoers.
However, today, we have Magistrates and Judges who are responsible for
carrying out this essential function.

7
 CRIMINAL PROCEDURE CODE -II

According to Hobbes, he believed that a common power, in the form of a

government or authority, is necessary to keep people in check within a
community. He argued that without this common power, individuals would
be unrestrained and chaos could prevail. In his words, unless people are
under “a common power to keep them all in awe,” society will struggle to
maintain order.

Advantages of Administration of Justice

Uniformity and Consistency in Law

The administration of justice ensures that laws are applied consistently

and uniformly. This helps in the systematic development of the legal
system, making it fair and predictable.

Collective Wisdom

The rules of law are a reflection of the collective wisdom of the

community. Following these rules reduces the chances of making wrong
decisions. As Sir Edward Coke noted, the wisdom of the law surpasses any
individual’s wisdom and justice represents the wisdom of the entire
community.

Consistent Application

With fixed rules in place, judges can apply the law consistently, ensuring
that similar cases are treated similarly.

Regulation of Conduct

When citizens know the law, they can regulate their behaviour
accordingly. This promotes a law-abiding society where people understand
the boundaries and consequences of their actions.

Disadvantages of Administration of Justice

Rigidity

Legal justice can be inflexible. Societal changes often occur more rapidly
than changes in legal systems, leading to situations where the law may
not adequately address new challenges.

Technicalities and Formalities

Legal justice can be filled with technical jargon and formal procedures,
making it complex and difficult for ordinary citizens to navigate without
legal assistance.

Complexity

8
 CRIMINAL PROCEDURE CODE -II

Society is intricate and dynamic, requiring complex laws to address its

evolving needs. This complexity can sometimes lead to confusion and
difficulties in interpretation and enforcement.

Unintended Consequences

While the law serves as a remedy for many problems, it can also have
unintended negative consequences, as noted by Salmond. Sometimes, the
legal system itself can create new issues or injustices.

Types of Administration of Justice

Criminal Administration of Justice

The administration of criminal justice deals with public wrongs, which are
offences outlined in the Indian Penal Code (IPC). Its primary aim is to
punish offenders. Punishment, in this context, refers to the imposition of
consequences, typically considered undesirable (e.g., imprisonment or
death penalty), by the state authority upon individuals found legally guilty
of committing a crime.

The primary objectives of criminal justice are to punish wrongdoers

(offenders) and maintain law and order in society. The state is responsible
for punishing criminals. Punishment serves various purposes, including
deterring individuals from repeating crimes, expressing society’s
disapproval of antisocial behaviour and seeking to reform and rehabilitate
offenders while protecting society from criminal activity.

Civil Administration of Justice

Civil justice administration aims to provide relief, often in the form of

compensation or other remedies, to the injured party. It deals with the
enforcement of two types of rights: primary rights and sanctioning rights.

Primary rights are those inherent rights that exist independently and do
not stem from any wrongdoing.

Sanctioning rights emerge as a result of the violation of primary rights.

When a primary right is infringed upon, a sanctioning right comes into
play. For instance, if a valid contract (a primary right) is breached, the
right to claim damages for the losses suffered due to the breach becomes
a sanctioning right.

Primary rights can be enforced through specific performance while

sanctioning rights are enforced through sanctioning enforcement
proceedings.

Conclusion

9
 CRIMINAL PROCEDURE CODE -II

A just society is one where the administration of justice is not only robust
but also reflective of the core values of its people. It stands as a testament
to a society’s commitment to upholding the principles of fairness and
equality, ensuring that the rights and dignity of every individual are
safeguarded.

3. Explain the different criminal courts constituted under

criminal procedure code with reference to their power of
punishment ?

Chapter 8 - Courts and Administration of Justice

Judicial authority

165. (1) The judicial authority of the Republic is vested in the courts.

(2) The courts are independent and subject only to the Constitution and
the law, which they must apply impartially and without fear, favour or
prejudice.

(3) No person or organ of state may interfere with the functioning of the
courts.

(4) Organs of state, through legislative and other measures, must assist
and protect the courts to ensure the independence, impartiality, dignity,
accessibility and effectiveness of the courts.

(5) An order or decision issued by a court binds all persons to whom and
organs of state to which it applies.

Judicial system

166. The courts are

a. the Constitutional Court;

b. the Supreme Court of Appeal;

c. the High Courts, including any high court of appeal that may be
established by an Act of Parliament to hear appeals from High Courts;

d. the Magistrates' Courts; and

e. any other court established or recognised in terms of an Act of

Parliament, including any court of a status similar to either the High
Courts or the Magistrates' Courts.

Constitutional Court

10
 CRIMINAL PROCEDURE CODE -II

167. (1) The Constitutional Court consists of a President, a Deputy

President and nine other judges.

(2) A matter before the Constitutional Court must be heard by at least

eight judges.

(3) The Constitutional Court

a. is the highest court in all constitutional matters;

b. may decide only constitutional matters, and issues connected with

decisions on constitutional matters; and

c. makes the final decision whether a matter is a constitutional matter or

whether an issue is connected with a decision on a constitutional matter.

(4) Only the Constitutional Court may

a. decide disputes between organs of state in the national or provincial

sphere concerning the constitutional status, powers or functions of any of
those organs of state;

b. decide on the constitutionality of any parliamentary or provincial Bill,

but may do so only in the circumstances anticipated in section 79 or 121;

c. decide applications envisaged in section 80 or 122;

d. decide on the constitutionality of any amendment to the Constitution;

e. decide that Parliament or the President has failed to fulfil a

constitutional obligation; or

f. certify a provincial constitution in terms of section 144.

(5) The Constitutional Court makes the final decision whether an Act of
Parliament, a provincial Act or conduct of the President is constitutional,
and must confirm any order of invalidity made by the Supreme Court of
Appeal, a High Court, or a court of similar status, before that order has
any force.

(6) National legislation or the rules of the Constitutional Court must allow
a person, when it is in the interests of justice and with leave of the
Constitutional Court

a. to bring a matter directly to the Constitutional Court; or

b. to appeal directly to the Constitutional Court from any other court.

(7) A constitutional matter includes any issue involving the interpretation,

protection or enforcement of the Constitution.

Supreme Court of Appeal

11
 CRIMINAL PROCEDURE CODE -II

168. (1) The Supreme Court of Appeal consists of a Chief Justice, a Deputy
Chief Justice and the number of judges of appeal determined by an Act of
Parliament.

(2) A matter before the Supreme Court of Appeal must be decided by the
number of judges determined by an Act of Parliament.

(3) The Supreme Court of Appeal may decide appeals in any matter. It is
the highest court of appeal except in constitutional matters, and may
decide only

a. appeals;

b. issues connected with appeals; and

c. any other matter that may be referred to it in circumstances defined by

an Act of Parliament.

High Courts

169. A High Court may decide

a. any constitutional matter except a matter that

i. only the Constitutional Court may decide; or

ii. is assigned by an Act of Parliament to another court of a status similar

to a High Court; and

b. any other matter not assigned to another court by an Act of Parliament.

Magistrates' Courts and other courts

170. Magistrates' Courts and all other courts may decide any matter
determined by an Act of Parliament, but a court of a status lower than a
High Court may not enquire into or rule on the constitutionality of any
legislation or any conduct of the President.

Court procedures

171. All courts function in terms of national legislation, and their rules and
procedures must be provided for in terms of national legislation.

Powers of courts in constitutional matters

172. (1) When deciding a constitutional matter within its power, a court

a. must declare that any law or conduct that is inconsistent with the
Constitution is invalid to the extent of its inconsistency; and

b. may make any order that is just and equitable, including

12
 CRIMINAL PROCEDURE CODE -II

i. an order limiting the retrospective effect of the declaration of invalidity;

and

ii. an order suspending the declaration of invalidity for any period and on
any conditions, to allow the competent authority to correct the defect.

(2)

a. The Supreme Court of Appeal, a High Court or a court of similar status

may make an order concerning the constitutional validity of an Act of
Parliament, a provincial Act or any conduct of the President, but an order
of constitutional invalidity has no force unless it is confirmed by the
Constitutional Court.

b. A court which makes an order of constitutional invalidity may grant a

temporary interdict or other temporary relief to a party, or may adjourn
the proceedings, pending a decision of the Constitutional Court on the
validity of that Act or conduct.

c. National legislation must provide for the referral of an order of

constitutional invalidity to the Constitutional Court.

d. Any person or organ of state with a sufficient interest may appeal, or

apply, directly to the Constitutional Court to confirm or vary an order of
constitutional invalidity by a court in terms of this subsection.

Inherent power

173. The Constitutional Court, Supreme Court of Appeal and High Courts
have the inherent power to protect and regulate their own process, and to
develop the common law, taking into account the interests of justice.

4. Explain the salient features of probation of offenders Act?

Salient features of the Act

The most important salient feature of the act is

1. The Probation of Offenders Act of 1958 is aimed at modifying novice

prisoners by rehabilitating them in the society and avoiding the
progression of juvenile offenders into obdurate criminals under
environmental control by locking them in prison with hardened
criminals.

2. This seeks to release first offenders, following proper admonition or

notice with advice who are suspected to have committed an offence
punishable under Section 379, Section 380, Section 381, Section
13
 CRIMINAL PROCEDURE CODE -II

404 or Section 420 of the Indian Penal Code and even in case of any
crime punishable with incarceration for not more than two years, or
with fine, or both.

3. The Act demands that the Court can order such compensation and
the costs of the prosecution for reimbursement by the accused as it
finds fair for the damage or injury to the victim.

4. This Act empowers the Court to free those prisoners on probation in

good behaviour if the crime supposedly perpetrated is not
punishable by death or imprisonment for life. He will, therefore, be
kept under control.

5. The Act gives the Judge the right to modify the terms of the bail
after a prisoner is placed on probation with good behaviour and to
prolong the probation period not to exceed three years from the
date of the initial order.

6. The Act offers extra protection for people under the age of twenty-
one to prevent sentencing him to prison. However, a person found
guilty of a crime punishable by life imprisonment can not have this
clause.

7. The Act empowers the Court to grant a warrant of arrest or

summons to him and his guarantees compelling them to appear
before the Court on the date and time stated in the summons if the
defendant placed on bail refuses to comply with the terms of the
bond.

8. Under the terms of this Act, the Act empowers the Judge to try and
sentence the defendant to jail. The High Court or any other Court
may even make such an order when the case is put before it on
appeal or in revision.

9. The Act offers a significant function for probation officers to support

the Court and oversee the probationers under its supervision and to
guide and support them in seeking appropriate work.

10. The Act applies to India as a whole except for Jammu State
and Kashmir. This Act shall come into force in a State on such date
as the Government of the State may designate, by notice in the
Official Gazette. It also gives state governments the right to put the
Act into force on multiple dates in different parts of the State.

1. Policy diary
14
 CRIMINAL PROCEDURE CODE -II

A case diary, also known as a police diary, station house report, or special
diary, is a record of a criminal investigation that is maintained by the
investigating officer under Section 172 of the Code of Criminal Procedure
(Cr.P.C.).

The case diary is a continuous record of the investigation, and includes

details such as: When the case was reported, When the investigation
began and ended, Places visited, A statement of facts derived from the
investigation, and Details about witnesses.

The case diary can be presented in court under Section 145 or Section
161 of the Evidence Act. The court can use the diary to refresh the
memory of the police officer or to contradict statements made by the
police officer. The accused has a limited right to cross-examine the police
officer with respect to entries in the diary.

The police diary is only a record of day to day investigation made by the
investigating officer. Neither the accused nor his agent is entitled to call
for such case diary and also are not entitled to see them during the course
of inquiry or trial.

2. Acquittal

In the Code of Criminal Procedure (CrPC), an acquittal is an official court

order that a defendant is not guilty of a crime:

Secti Description
on

248 If a Magistrate finds the accused not guilty, they must record an
order of acquittal.

265H If the court finds there is no evidence that the accused committed
the offense, they must record an order of acquittal.

An acquittal can be issued if the judge determines that there is no

evidence to support the prosecution's claims. This can happen after the
prosecution has presented their evidence, the accused has been
examined, and both sides have presented their arguments.

15
 CRIMINAL PROCEDURE CODE -II

Description. If the Magistrate, upon taking the evidence referred to in

section 254 and such further evidence, if any, as he may, of his own
motion, cause to be produced, finds the accused not guilt, he shall record
an order of acquittal.

3. Confession

In the Criminal Procedure Code (CrPC), a confession is a statement made

by an accused person that they are guilty of a crime:

 Definition

A confession is a statement where an accused person admits to

committing a crime.

 Types

There are two types of confessions: judicial and extra-judicial. Judicial

confessions are made before a magistrate or in court, while extra-judicial
confessions are made outside of court.

 Section 164

Section 164 of the CrPC deals with confessions made during the course of
an investigation.

 Evidence

Confessions are a powerful piece of evidence in criminal law and can be a

key part of a criminal trial. However, the use of confessions in the legal
system must be carefully regulated to ensure fairness and protect
individual rights.

 Inducement

A confession is not admissible if it was made due to inducement, threat, or

promise from a person in authority.

These two terms are “Confession” and “Statement”. Dealing with the first
phase used under section 164 CRPC, we can say that Confession is the
admission of guilt, stating or suggesting an inference as to guilt by an
accused made in custody.

4. Double jeopardy

16
 CRIMINAL PROCEDURE CODE -II

Double jeopardy is a legal principle that prevents a person from being

tried or punished more than once for the same offense. It is a procedural
defense that is recognized in the Constitution of India and the Code of
Criminal Procedure (CrPC).

In the CrPC, Section 300 states that a person who has been tried and
convicted or acquitted of an offense cannot be tried again for the same
offense.

The principle of double jeopardy prevents:

 The state from retrying a person for the same crime after they have
been acquitted

 The state from voluntarily dismissing a case after trial has begun

 An individual from being subjected to multiple trials or punishments

for the same offense

The concept of double jeopardy originated in ancient Roman law, in the

broader principle non bis in idem which means "not twice against the
same".

The principle of double jeopardy states that a person cannot be tried for
the same offence more than once. This means that when a case has been
tried and judgement has been given by a court, the same case cannot be
filed subsequently in the same court as it amounts to double jeopardy

5. Executive magistrate

An Executive Magistrate is an officer in the executive branch of the

government who has powers under the Criminal Procedure Code (CrPC)
and the Indian Penal Code:

 Powers

Executive Magistrates have various powers, including:

 Setting bail amounts

 Imposing conditions on individuals to avoid police custody

 Issuing conditional orders for the removal of nuisances

 Requiring parties to attend court

 Hearing parties and examining evidence

17
 CRIMINAL PROCEDURE CODE -II

 Authorizing police officers to search for stolen property, forged

documents, and persons wrongfully confined

 Authorizing security for keeping the peace

 Appointment

Each state appoints Executive Magistrates in every district and

metropolitan area. The state government can also appoint special
executive magistrates for specific areas or functions.

 Additional District Magistrate

The State Government may appoint any Executive Magistrate to be an

Additional District Magistrate.

The State Government may appoint any Executive Magistrate to be an

Additional District Magistrate, and such Magistrate shall have the powers
of a District Magistrate under this Code or under any other law for the
time being in force as may be directed by the State Government.

6. Summary trail

A summary trial is a procedure in the Code of Criminal Procedure (CrPC) of

India for quickly disposing of less serious criminal cases. The procedure is
outlined in Chapter XXI and Sections 260 to 265 of the CrPC.

Summary trials are used for offenses that are punishable by a maximum
of two years in prison, a fine, or both. These are considered "petty
offenses" and include cases like simple assault, theft, mischief, and
cheating.

Summary trials are not used for serious offenses like murder, rape, or
dacoity. For these cases, regular trial procedures are used to ensure a fair
trial and a more thorough examination of evidence.

Some features of summary trials include:

 Simplified procedure: The procedure is simplified to ensure a quick

and efficient trial.

 Summary recording: The evidence is recorded in a more summary

fashion.

 Competent magistrates: Only district magistrates and magistrates

of the first class who have been empowered by the State
Government can conduct summary trials.

18
 CRIMINAL PROCEDURE CODE -II

It is provided under the Code of Criminal Procedure (CrPC), is a procedure

aimed at expediting the trial process for certain offenses considered less
serious in nature punishable with up to 2 years imprisonment

7. Cognizable Offence

A cognizable offense is a crime that a police officer can investigate and

arrest without a warrant or a magistrate's approval under the Criminal
Procedure Code (CrPC). Cognizable offenses are typically serious in nature
and include crimes such as rape, murder, kidnapping, theft, and
abduction.

Here are some other features of cognizable offenses:

 The police can file a first information report (FIR) for cognizable
offenses.

 The police can investigate cognizable cases without prior permission

from a magistrate.

 Cognizable cases are more serious than non-cognizable cases.

 Cognizable offenses usually carry a sentence of 3 years or more.

In contrast, non-cognizable offenses are less severe crimes, such as

defamation, cheating, and forgery. For non-cognizable offenses, the police
require a prior arrest warrant from the court to initiate an investigation.

A Cognizable offence or case is defined as the one which an officer in-

charge of a police station may investigate without the order of a
magistrate and effect arrest without warrant.

8. Inquest

In the Code of Criminal Procedure (CrPC), an inquest is a legal inquiry or

investigation into the cause of death in a suspicious or unnatural case:

 Definition

An inquest is a judicial inquiry conducted by a group of people appointed

by a court to establish facts.

 Purpose

19
 CRIMINAL PROCEDURE CODE -II

The purpose of an inquest is to investigate the cause of death in a case

where the death was unnatural or suspicious.

 Procedure

An inquest involves examining witnesses and a special jury returning a

verdict on the cause of death.

 In the CrPC

In the CrPC, an inquest is covered in sections 174 and 176. Section 174
deals with the preparation of an inquest report by a police officer or
designated officer. Section 176 deals with the inquiry into the cause of
death by a competent Executive Magistrate.

“inquest” refers to a legal or judicial inquiry conducted to establish

specific facts. Section 174 of the CrPC deals with inquest reports. An
inquest report is a report prepared by the police or a designated officer in
cases involving unnatural deaths or deaths under suspicious
circumstances.

9. Juvenile

In the Criminal Procedure Code (CrPC), a juvenile is a person who is under

the age of 18. The Juvenile Justice Act of 2015 distinguishes between
children who are in conflict with the law and those who are in need of care
and protection. Juveniles in conflict with the law are dealt with through a
separate juvenile justice system.

As per law, a juvenile is any individual below the age of 18.

QUESTION PAPER – 2020

1. What is ‘Fair Trial’? Explain the various stages of trial before

a Court of Sessions?.

Initial steps in the trial

Initially, a Magistrate takes cognizance of an offence and thereafter as per

Section 209, he will commit the case to the Court of Sessions. A
Magistrate is empowered under Section 190 to take cognizance of an
offence upon receiving a complaint; upon a police report; upon
20
 CRIMINAL PROCEDURE CODE -II

information received from a person other than a police officer; or upon his
knowledge.

According to Section 193, Court of Session cannot take cognizance of an

offence directly but the Court of Session is permitted to take cognizance of
an offence without a case being committed to it if the Magistrate commits
the case to it or if it acts as a special Court.

Under Section 207 and Section 208 the Magistrate is required to supply
copies of documents like First Information Report, the statement recorded
by the police or Magistrate, etc to the accused. Under Section 209, if it
appears to the magistrate that the offence is triable exclusively by the
Court of Session, he may commit the case to the Court of Session and
send all the documents and records to it and either grant bail or remand
the accused into custody and shall also notify the Public Prosecutor. The
procedure for trial before a Court of Session is mentioned from Section
225 to Section 237. As per Section 225, every trial before a Court of
Session is conducted by a Public Prosecutor.

The code lays down the procedure for trial before a court of session as
follows:

a. Parties (sec. 225):

In a trial before a court of session, the prosecution shall be conducted by a

public prosecutor. The accused has a right to engage a counsel of his
choice. If he cannot afford to engage the defence counsel, the court
engaged at the state expenses. Before commencing the trial, the accused
in supplied with the copies of documents like police report, F.I.R etc.

b. Opening the case (sec. 226):

The public prosecutor opens the case by describing accusation against the
accused. He states briefly by what evidence, he proposes to prove the
guilt. The prosecutor duty is not to secure a conviction but simply to lay
the facts of the case before the tribunal, which is to judge.

c. Discharge of the accused (sec. 227):

After hearing from both the parties if the court considers that there is no
sufficient ground to proceed against the accused, discharges him and
records the reason for doing so. There is no scope for examination of any
witness but there is scope for both sides to argue their case in favor of
21
 CRIMINAL PROCEDURE CODE -II

framing charge or discharge.

d. Framing of charge (sec. 228):

After hearing from both the parties if the court presumes that the accused
might have committed the offences:

i. If frames a charge in writing, if the offence is exclusively

triable by the Court of Session.

ii. If the offence is not triable exclusively by the sessions court, it

frames charge and transfers the case to the Chief Judicial
Magistrate. It was held in Kanti Bhadra Shah & anr v.
State of West Bengal while exercising power under Section
228 CrPC, the Judge is not required to record his reasons for
framing the charges against the accused.

While framing charges, only the prima facie case has to be

seen. At this stage, the Judge is not required to record a
detailed order necessary to see whether the case is beyond
reasonable doubt as held by the Supreme Court in Bhawna
Bai v. Ghanshyam & Ors.

In Rukmini Narvekar v. Vijaya Satardekar it was ruled by

the Court that the accused cannot produce any evidence at
the stage of framing of charge and only those materials can
be taken into consideration which is specified in Section 227
at the time of framing charges.

e. Explaining the charge and enquiry about plea (sec. 228(2)):

The contents of the charge have to be explained to the accused as to

enable him to plead guilty of the offence or claim to be tried. In Banwari
v. State of UP, the Court held that default in reading out or explaining
the charge to the accused would not vitiate the trial unless it has been
shown that non-compliance with Section 228 has resulted in prejudice to
the accused.

f. Conviction on plea of guilty (sec. 229):

If the accused pleads guilty, the judge shall record the plea and may in his
discretion convict him thereon. It was held in Queen Empress v. Bhadu
that the plea of guilty must be in unambiguous terms otherwise such a

22
 CRIMINAL PROCEDURE CODE -II

plea is considered as equivalent to a plea of not guilty. Section 229 states

that if an accused pleads guilty then the Judge shall convict him as per his
discretion and shall record the same.

The Court cannot convict an accused on the basis of the plea of guilty
where the offence is of a nature in which the punishment is death or
imprisonment for life. In Hasaruddin Mohommad v. Emperor, the Court
held that it will be reluctant for the Court to convict a person accused of
an offence in which the punishment is death or life imprisonment on the
basis of his plea of guilty. The right of appeal of the accused is curtailed by
Section 375 If the accused is convicted on the basis of his plea of guilty.

g. Date for prosecution evidence (sec. 230):

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 at date for the
examination or witness or may order for compelling appearance of any
witness or production of a thing/document.

h. Evidence for prosecution (sec.231):

It consists of two points:

i. On the date so fixed as above, the judge takes all such

evidence is support of the prosecution.

ii. The judge may in his discretion, permits the cross examination
of any witness to be deferred until any other witness have
been examined or recall any witness for further cross
examination.

In Ram Prasad v. State of U.P, The Supreme Court was held

that, if the court finds that the prosecution had not examined
witness for reasons not tenable or proper, the Court would be
justified in drawing an inference adverse to the prosecution.

The Court observed in State of Kerala v. Rasheed that a

balance must be struck between the rights of the accused and
the prerogative of the prosecution to lead the evidence while
deciding an application under Section 231(2).

The following factors must be considered:

23
 CRIMINAL PROCEDURE CODE -II

1. The possibility of undue influence,

2. Threats,

3. That non-deferral would enable subsequent witnesses

giving evidence on similar fact to tailor their testimony
to circumvent the defence strategy,

4. Loss of memory of the witness whose examination-in-

chief has been completed.

i. Arguments of the prosecution (sec. 314(2)):

The prosecution after the close of witnesses submits a memorandum of

his oral arguments. A copy of the same if is supplied to the opposite party.

j. Examination of the accused:

It is to be made without administering oath. It is to give an opportunity to

him to explain the circumstances alleged against him by prosecution.

k. Acquittal (sec. 232):

After hearing from both the parties if the judge considers that the accused
has not committed the offence, record an order acquitting the accused.

l. Entering upon defence (sec. 233):

If the accused is not acquitted, he shall be called upon to enter on his

defence. The court may summon or examine at any stage any person as
court witness.

m. Arguments (sec. 234):

After recording defence, the prosecutor sums up his case and the accused
or his pleader shall be entitled to reply. The prosecutor may be allowed to
make his submission in case any law point is raised by the defence.

n. Judgment of acquittal or conviction (sec. 235):

After hearing arguments from both the sides, the court delivers judgment
of acquittal or conviction. On this point, the Apex Court in Santa Singh v.
State of Punjab held that the Judge should first pass a sentence of
conviction or acquittal. If the accused is convicted, he shall be heard on
the question of sentence and only then the Court shall proceed to pass a
24
 CRIMINAL PROCEDURE CODE -II

sentence against him.

In Bacchan Singh v. State of Punjab, it was ruled by the Court that this
Section provides for a bifurcated trial and specifically gives to the accused
person a right of pre-sentence hearing which may not be strictly relevant
to or connected with the particular crime under inquiry but may have a
bearing on the choice of the sentence

o. Previous Conviction (sec. 236):

In a case where a previous conviction is charged under the provisions of

sub Sec. (7) of Sec. 211, and the accused does not admit that he has been
previously convicted as alleged in the charge, the judge may take
evidence in respect of the alleged previously conviction and shall record a
finding there on:
Provided that no such charge shall be read out by the judge not shall the
accused be asked to plead thereto nor shall the previous conviction be
referred to by the prosecution or in any evidence adduced by it unless and
until the accused has been convicted under sec. 299 or sec. 235.

p. Procedure in cases instituted under sec. 199(2) (sec. 237):

i. A Court of Session taking cognizance of an offence under sub

sec. (2) of sec 199 shall try the case in accordance with the
procedure for the trial of warrant cases instituted otherwise
than on a police report before a court of magistrate.

ii. Every trial under this section shall be held in camera if either
party thereto so desires or if the court thinks fit so to do.

iii. If, in any such case, the court discharges or acquits all or any
of the accused and is of the Opinion that there was no
reasonable cause for making the accusation against them or
any of them, it may try its order of discharge or acquittal,
directs the person against whom the offence was alleged to
have been committed to show cause why he should not pay
compensation to such accused or to each or any of such
accused, when there are more than one.

iv. The court shall record and consider any cause which may be
shown by the person so directed and if it is satisfied that there
was no reasonable cause for making the accusation, it may
make an order that compensation to such amount not
exceeding Rs.1000 it may determine, be paid by such person
to the accused or to each or any of them.
25
 CRIMINAL PROCEDURE CODE -II

v. Compensation awarded under sub sec. (4) shall be recovered

as if it were a fine imposed by a magistrate.

vi. No person directed to pay compensation under sub sec (4)

shall be exempted from any civil or criminal liability 1n respect
of the compliant made under this section.

vii. The person who has been ordered under sub sec. (4) to pay
compensation may appeal to the High Court.

viii. When an order for payment of compensation to an accused

person is made, the compensation shall not be paid to him
before the period allowed for the presentation of the appeal
has elapsed, or if an appeal is presented, before the appeal
has been decided.

Conclusion
The above article outlines all the procedures relating to the sessions trial.
The Code of Criminal Procedure provides an opportunity for the accused
for fair trial and makes an effort to avoid any delay in investigation or trial.
The Judge in every case ensures that the accused is given a fair
opportunity of hearing and defending his case. The Code also provides for
legal aid to an indigent accused who is unable to engage a lawyer in
compliance with the constitutional requirements and also as required by
Section 304 so that any person accused of committing an offence is not
wrongly convicted and justice is served.

2. Describe the law relating to maintenance under Sections

125 to 128 Code of Criminal Procedure, 1973.

Maintenance Under: Section 125-128

The legal requirement for someone to maintain their spouse, children, or

other dependent family members financially is known as maintenance
under India's Code of Criminal Procedure (CrPC).

Such substantive law is an example in Chapter IX (Sections 125 to 128 of

the Code). The support of spouses, children, and parents is outlined in
Sections 125 to 128 of the CrPC.

Maintenance: Meaning

It is quite challenging to formally define "maintenance" exactly. Even

S.125 of the Cr.P.C. does not clearly define upkeep.

26
 CRIMINAL PROCEDURE CODE -II

The courts have, however, construed it to imply usually suitable housing,

clothing, and food. The word maintenance should not be used in such a
limited sense, though. As an illustration, in

Ahmedullah V. Mafizuddin Ahmed

It was decided that maintenance also covers educational costs. In

accordance with Section 3(b) of the Hindu Adoptions and Maintenance Act,
1956, maintenance includes:

 In all circumstances, provision for food, clothing, residence,

education, and treatment.

 In the event of an unmarried daughter, also the reasonable costs of

and sequel to her marriage.

"Nafquh," which literally translates to "what a person spends over his

family," is the equivalent of "maintenance" in Muslim law. Mulla claims
that the term "maintenance" has come to mean "food, raiment (clothing),
and lodging."

Object
The maintenance of spouses, children, and parents is provided for in the
Code of Criminal Procedure (CrPC). In order to prevent those who are
unable to sustain themselves from having to live in poverty or become
homeless, this is being done. The CrPC also strives to safeguard women
and children against homelessness and scavenging.

Mani V. Jaykumari

The Madras High Court has ruled that the primary purpose of these
provisions is to provide social justice to women and children. The court
has also stated that these provisions are intended to prevent destitution,
distribution, and vagrancy.

The CrPC's maintenance provisions are a measure of social justice that are
specifically designed to protect women and children. These provisions also
fall within the constitutional framework of Article 15 (3), which prohibits
discrimination on the basis of sex, and Article 39, which guarantees the
right to an adequate standard of living.

Persons Entitled To Claim Maintenance

In accordance with Section 125(1) of the Code, the following people may
be eligible to make a maintenance claim in specific situations:
27
 CRIMINAL PROCEDURE CODE -II

 Wife

 Children

 Father or Mother

Maintenance To Wife

According to Section 125 (1) (a) of the Code, if a person with sufficient
means neglects or refuses to support his wife, who is unable to support
herself, a first-class Magistrate can order that person to provide a monthly
allowance for the maintenance of his wife. The amount will be determined
by the Magistrate, and the person must pay it as directed by the
Magistrate. In this context, "wife" includes a woman who has been
divorced by her husband or has obtained a divorce and has not remarried.

The term "wife" applies regardless of the woman's age, whether she is a
minor or an adult. The legality of the marriage will be determined by the
personal laws applicable to the parties, and if there is a dispute regarding
the validity of the marriage, the applicant will need to provide proof of
marriage. The Supreme Court in

Bakulbai V. Gangaram

It has been established that a woman who becomes the second wife of a
man who already has a living spouse at the time of the second marriage
does not have the right to receive maintenance. Even if the second wife is
unaware of the existence of the previous marriage, she is not entitled to
make a claim for maintenance.

Right Of Muslim Woman To Claim Maintenance U / S 125 Cr.P.C.

After Iddat Period.
Before the Mohammad Ahmed Khan v. Shah Bano Begum case, Muslim
wives were not entitled to claim maintenance after completing their Iddat
period.

However, this changed with the Supreme Court's ruling in the case.

Mohammad Ahmed Khan V. Shah Bano Begum

28
 CRIMINAL PROCEDURE CODE -II

After her husband filed for divorce, 62-year-old Muslim Shah Bano Begum
filed a criminal complaint with the Supreme Court of India. She requested
maintenance, and the judge granted her request. The court ruled that as
long as a Muslim woman stays single and is unable to support herself
using the dower she received at the time of divorce, she has the right to
request maintenance under Section 125 of the Criminal Procedure Code
even beyond the Iddat period. Muslims were outraged by this decision
since it was against Islamic Law. The Muslim Women (Protection of Rights
on Divorce) Act, 1986 was subsequently passed, which nullified the
Supreme Court's ruling and prevented Muslim women from suing their ex-
husbands for maintenance.

Maintenance To Children

The Code doesn't define the term "child." According to Section 125(1)© of
the Indian Majority Act of 1875, a child need not be a minor but must be
incapable of maintaining itself due to a physical or mental disability or
injury. This means that someone has not achieved full age, which is
defined as 18 years old.

However, a married daughter is not considered a kid.

The legality or illegitimacy of a child has no bearing on the determination

of maintenance. Maintenance is due to even an illegitimate minor.

In Moti Ram V. 1st Additional District Judge, Bareilly

Wife filed a petition for support for both her and her little kid. The
marriage was previously ruled void, and the daughter was not impleaded
as an applicant. Daughter's application was upheld as maintainable. It was
decided that "A woman may have a terrible character, but she may still be
entitled to an order for maintenance for an illegitimate child provided she
establishes that the person being sued is the child's father.

Maintenance To Father Or Mother

The provision pertaining to a parent's maintenance who may not be able

to support themselves. Nowhere specifically did the stepfather or
stepmother fall under the definition of "his father or mother" as it appears
in Section 125 of the Criminal Procedure Code. When the term "mother" is
used in a general sense, it refers to the woman who gave birth to the

29
 CRIMINAL PROCEDURE CODE -II

individual whose support is being requested under section 125 of the Civil
Rights and Property Code. Further, in

Vijaya Manehar Arabat V. Kashirao Rajaram Sawai

The Supreme Court ruled that while it is true that the terms "his father"
and "his mother" are used in clause (d) of section 125 (1), the inclusion of
the pronoun "his" does not preclude the parent from requesting support
from the daughter. However, the court must be convinced that the
daughter has sufficient means of her own independent of the means of
income of her husband and that the father or mother, as the case may be,
is unable to support himself or herself before it can order maintenance of
a father or mother against their married daughter.

Can the husband ask the wife for maintenance?

It is obvious from a straightforward reading of S. 125 (1) that the right to

seek maintenance is only open to the individuals specified therein who are
not entitled to maintenance from their wives under S. 125 Cr.P.C. Since the
word "husband" is not used, it can be assumed that there is no husband.

According to the aforementioned provisions of Section 125 of the Code, a

man has a natural and fundamental obligation to support his wife,
children, and parents for as long as they are unable to do so on their own.

In Jayashri Rajwade V. Vibhas Kulkarni

The Bombay High Court ruled that "the husband's application under
section 125 of the Code is certainly not maintainable" if there is a legal
prohibition on his claiming maintenance from his wife under section 125 of
the Code. He may proceed to Civil Court to prove his right to
maintenance, but the Magistrate cannot grant him support in accordance
with his authority under Section 125 of the Code.

Additionally, under sections 24 and 25 of the Hindu Marriage Act of 1955,

a Hindu male may request maintenance.

Essential requirements for permitting maintenance:

1. Enough resources to maintain.

The individual from whom maintenance is demanded must have
enough money to support the person or people who are asking for

30
 CRIMINAL PROCEDURE CODE -II

maintenance. Here, the word "means" refers to more than just

outward things like tangible possessions or steady job.

2. Ignorance or failure to uphold.

The person from whom maintenance is demanded must have
ignored or refused to maintain the person or individuals who are
entitled to maintenance.

In contrast to "refuse," which denotes a failure to maintain or a

denial of an obligation to maintain after demand, "neglect" refers to
a default or omission in the absence of a demand.

3. The person requesting maintenance must be unable to care

for themselves.
Due to the fact that the primary goal of Section 125 of the Code is
to prevent vagrancy, only those who are unable to care for
themselves should be subject to the duty to pay maintenance. An
essential need for the wife's application for maintenance is that she
must be unable to support herself.

Jurisdiction

A person seeking maintenance may submit an application to a

Magistrate in any of the following places, according to Section
126 of the CrPC:

1. The address of the applicant's residence or place of business.

2. The place of residence or principal place of business of the person

from whom maintenance is demanded.

3. The last place the maintenance-seeker lived with the individual for
whom maintenance is being sought.

4. Where the person whose maintenance is demanded works or

maintains a business.

The several jurisdictions are listed so that the individual seeking

maintenance can submit their application easily and in a place that is
convenient for them. It also makes it possible to implement maintenance

31
 CRIMINAL PROCEDURE CODE -II

directives effectively.

Arrangement or termination of allowance s. 127

According to Sub-Section 1 of Section 127, where a maintenance order
has been granted under Section 125, the amount specified therein may be
changed based on a change in the circumstances of the person receiving
or the person paying the amount.

According to Section 127's Subsection 2, the magistrate is required to

rescind or modify any orders made under Section 125 when he believes
that doing so is necessary as a result of a competent civil court's decision.

The magistrate may revoke the maintenance order granted to a divorced

wife in one of three situations, as outlined in subsection 3. If she has
remarried, has received the full amount due to her under any personal or
customary law, or has willingly relinquished the right that she had
obtained through a judge order.

Enforcement of maintenance order [s. 128]

In the case that any person thus ordered fails to comply with the order
without good reason, any such Magistrate may issue a warrant for the
collection of the sum due in the manner indicated for collecting fines.

The magistrate has the power to hold the offender in custody for a
maximum of one month or until the debt is paid, whichever occurs first.

Any magistrate in any location where the person against whom the order
is made may carry out such an order after being satisfied with the parties'
names and the non-payment of the allowance or, as the case may be,
costs, due.

Conclusion:
Although these provisions deal with civil matters, their inclusion in the
CrPC is primarily justified by the fact that the needy individuals they
reference are given access to a remedy that is quicker and more cost-
effective than what is offered by civil courts. The provisions seek to ensure
that the neglected wife, children, and parents are not left beggar and
destitute on the scrap heap of society and are not compelled to live a life
of vagrancy, immorality, and crime for their sustenance by providing
simple, quick, but limited relief. It could also be said that these provisions

32
 CRIMINAL PROCEDURE CODE -II

are intended to prevent starvation and vagrancy leading to the

commission of the crime.

3. Define Arrest. Explain under what circumstances a police

officer can arrest a person without a warrant.

What is arrest?

Definition and meaning

Generally, a person who breaks the law is arrested. So, what is arrest? In
general term, ‘arrest’ would mean that when a person is arrested they
lose some of their freedom and liberty. They are put under restraint.

The provisions of CrPC do not define an arrest. An arrest is an act of

apprehending and taking a person into custody because the person has
been suspected of or observed committing a crime.

Arrest, according to the legal dictionary by Farlex:

“A seizure or forcible restraint; an exercise of the power to deprive a

person of his or her liberty; the taking or keeping of a person in custody
by legal authority, especially, in response to a criminal charge.”

The provisions of arrest are mentioned in Chapter V of Code of Criminal

Procedure, 1973 from Section (41 to 60A)

Types of Arrest

1. Arrest without warrant

2. Arrest with warrant

In the case of a cognizable offence, a person can be arrested without a

warrant, while in the case of non-cognizable offence, a person cannot be
arrest without a warrant. But there are certain specific circumstances in
which a person can be arrested without a warrant even in case of a non-
cognizable offence. For example:

Section 42: A police officer can arrest the person who is accused or
commits any non-cognizable offence gives his name and residents which
such officer has a reason to believe to be false.

Another example is under Section 44, where the word ‘any offence’ has
been used. It means it covers all types of offences, whether cognizable or
non-cognizable offences.
33
 CRIMINAL PROCEDURE CODE -II

Procedure of Arrest

Under Section 46 of CrPC, 1973:-

-An arrest can be made by contacting or touching the body of a person.

-If the person resists the arrest, the police are authorized to use force and
other means to arrest the person.

-The force and means used must be reasonable and well-intentioned and
must not be intended to cause serious injury.

In the case of women, only women officer has a right to arrest. No women
can be arrested after sunset and before sunrise except in exceptional
circumstances where a women officer must first write a report and get the
prior permission of the judicial magistrate.

Who can Arrest ?

Under Section 41 of CrPC:- Any police officer without an order of from a

magistrate and warrant, may arrest any person:

1. Who commits the cognizable offence in the presence of a police

officer,

2. Against whom a reasonable complaint has been filed and the police
officer has reason to believe based on such complaint that such
person has committed the said offence

Under Section 43 of CrPC:- Any private person may arrest or caused to

be arrested any person who commits a cognizable offence in his presence
without any delay shall hand over the person to the police officer.

Under Section 44 of CrPC:- When any offence is committed in the

presence of a magistrate, whether executive or judicial within his local
jurisdiction, he may himself arrest or order any person to arrest the
offender.

KNOW YOUR RIGHTS IF YOU ARE ARRESTED

HomeKnow your rights

A person is arrested when a police officer or a citizen takes him into

custody or otherwise substantially deprives him of his freedom of action
so that he may be held to answer for a crime or an offence. The police in
India do not have any power to detain anybody for questioning unless he
is arrested with or without warrant.

34
 CRIMINAL PROCEDURE CODE -II

WARRANT OF ARREST

It is a written order issued by a Court to a police officer to arrest and

produce an offender or to search his premises for a particular thing. A
police officer who executes the warrant shall notify the substance thereof
to the person to be arrested and if he demands, shall show him the
warrant. He is expected to bring the required person before the Court
without unnecessary delay.

VALID WARRANT

A warrant of arrest should be

in writing

signed by the presiding officer of the Court and

should bear the seal of the Court. It should also contain the name of the
accused, his address and indicate the offence with which he is charged. If
any of these factors is absent, the warrant is not in order and an arrest
made in execution of such a warrant is illegal.

Warrants are of two kinds

Bailable

Non-Bailable

A bailable warrant is a Court's order which contains a direction that if the

person arrested executes a bail with sufficient sureties for his attendance
before the Court, he may be released from custody. In that case it shall
further state the number of sureties, the amount of the bond, and the
time for attending the Court. (Section 71 Cr.P.C.) In case of a non-bailable
warrant the direction for bail will not be endorsed on the warrant.

ARREST WITHOUT WARRANT

A police officer has power to arrest a person without warrant if he is

suspected of having committed a cognizable offence. Normally in non-
cognizable offences a police officer cannot arrest a person without a
warrant from a Magistrate. In the first Schedule of the Criminal Procedure
Code (Cr.P.C.) offences have been classified and enumerated as
cognizable and non-cognizable. The more serious offences such as
murder, rape, robbery, theft, waging war against the State etc. are
cognizable.

WHEN CAN A PERSON BE ARRESTED WITHOUT A WARRANT?

A person can be arrested without a warrant:

35
 CRIMINAL PROCEDURE CODE -II

If he is concerned in a cognizable offence or if there is a reasonable

suspicion, complaint or information that he has committed a cognizable
offence;

If he possesses implements of house breaking.

If he possess stolen property.

If he is proclaimed an offender.

It he obstructs a police officer on duty.

If he escapes from a legal custody.

If he is a deserter from the army, navy or air force.

Where he is out of India, if he commits an offence punishable under any

extradition law or under the Fugitive Offenders Act.

If he is released convict who breaks the restrictions imposed by the Court

on his movements.

If he is suspected of preparing to commit a cognizable offence; 11. If he is

habitual criminal.

If he, after committing a non-cognizable offence in the presence of a

police officer, refuses to give the police his name and address or has given
him a false name and address;

If he is required by a police officer of another police station who suspects

that he has committed a cognizable offence.

HOW IS ARREST MADE?

Arrest is complete when there is submission to custody by word or action,

and in such a case touching or confining of the body of the person
arrested is not necessary, but mere surrounding of a person by the police
does not amount to arrest. (Section 46).

WHAT HAPPENS IF YOU RESIST ARREST?

If you forcibly resist arrest, the police officer can use all means necessary
to effect the arrest. (Sec 46). He can even cause your death provided you
are charged with an offence punishable with death or me imprisonment.
However, he is not justified in using force more than necessary to obtain
the arrest (Sec.46). Therefore, unnecessary restraints or causing physical
inconveniences tying of hands and feet are not permissible if there is no
necessity for doing so.

WHAT ARE YOUR RIGHTS WHEN YOU ARE ARRESTED?

36
 CRIMINAL PROCEDURE CODE -II

You must be informed of the reasons for your arrest (Fundamental Rights :
Article 22 and Sec.50 Cr.P.C.)

You have a right to see the warrant if you are arrested under warrant
(Sec.75 Cr.P.C.).

You have a right to consult a lawyer of your choice. (Fundamental Rights:

Article 22 of the Constitution).

You must be produced before the nearest Magistrate within 24 hours

(Fundamental Rights Article 22 of the Constitution).

You must be told whether you are entitled to be released on bail. (Sec.50
Cr.P.C.).

CAN YOU BE HANDCUFFED?

According to the latest ruling of the Supreme Court, normally an arrested

person should not be handcuffed unless he is violent or he is desperate
character or he is likely to attempt to escape or to commit suicide. Arrest
is not a punishment. Hence unnecessary restraints are not permissible, if
there is no necessity for doing so. Search of a place entered by a person
sought to be arrested Sec.47 of Cr.P.C. compels all persons to afford to the
police facilities for search in a place for a person sought to be arrested.
Police officers have power to break open any door or window to carry out
a search and to liberate himself or any person who is detained inside a
premises.

SEARCH OF AN ARRESTED PERSON

A Police officer has the right to search a person only after he is arrested.
After the search the police officer must keep in safe custody all the
articles taken from the person and give him a receipt for the same. A
search of an arrested female should be done with strict regard to decency.
A woman can be searched only by another women. (Sec.51)

4. Define a Juvenile. Explain the Juvenile Justice System laid

down under Act.

A Latin maxim that suits best for the Juvenile Justice system in India is 'Nil
Novi Spectrum' which implies that nothing is new on this earth. There has
existed a presumption in the whole world since the ancient period that the
Juveniles should be dealt with leniently because there exists a system of
thought that says– Young folks generally have a habit to respond in a
serious and prolonged frustration which is accompanied with aggressive

37
 CRIMINAL PROCEDURE CODE -II

approaches.

In the last few years, it is also observed that the crimes done by children
under the age of 15-16 have increased significantly. The general tendency
or the psychologies behind the commitment of the crime or the causes of
crime are early-life experiences, dominant masculinity, upbringing,
economic havocs, lack of education, etc. It is a matter of ignominy that
the children under the age of 6-10 are nowadays used as instruments for
carrying out unlawful or illegal activities. Since the minds of the kids
possess an innocent and manipulative character, they can be lured at a
meager cost.

Juvenile Justice Act, 2000

The Act was enacted in the year 2000 with the aim and intent to provide
protection for children. The mentioned was amended twice – first in the
year of 2006 and later in the year of 2011. The amendment was made to
address the gap and loopholes in the implementation.

Further, the increasing number of cases of juvenile crimes in the last

recent years and the frightful incident of the Delhi Gang Rape Case have
forced lawmakers to come up with the law. The major drawback of the Act
was that it contains ill-equipped legal provisions and the malfunctioning
juvenile system was also the major reason in preventing juvenile crimes in
India. The act was replaced soon by The Juvenile Justice( Care and
Protection) Act, 2015.

Present Juvenile Justice System in India

Like the other countries, India had also made legal provisions that
especially and specifically deal with the rights and protection of juvenile
offenders which seeks to tackle the problem of juvenile delinquency.

The Juvenile Justice System in India is made on the basis of three

main assumptions:

 Young offenders should not be tried in courts, rather they should be

corrected in all the best possible ways,

 They should not be punished by the courts, but they should get a
chance to reform

38
 CRIMINAL PROCEDURE CODE -II

 Trial for children in conflict with law should be based on non-penal

treatment through the communities based upon the social control
agencies for e.g. Observation Homes and Special Homes.

Juvenile Justice Act, 2015

The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000
because there existed a need for a more robust and effective justice
system that focused on deterrent as well as reformative approaches. The
approach towards Juveniles should be different from that of adults, there
were contentions made in the Parliament that the Juveniles should be
given more space for transformation or reformation or improvement and
that is only possible when there's a special justice system.

Thus, the new act i.e. the Juvenile Justice (care and protection of children)
Act, 2015 focused on a Juvenile friendly approach of adjudication and
disposition of matters.

Some of the salient features are as follows:

 Section 2 (12) of the Juvenile Justice (care and protection of

children) Act, 2015 gives the definition of the Child, meaning
thereby that a child is a person who hasn't completed the age of 18
i.e. he/she is below 18. The Act has given a classification regarding
the term Child namely Child in need of care and protection and
Section 2 (13) of the Juvenile Justice (care and protection of
children) Act, 2015 that talks about Child in conflict with law.

 There was a clear distinction made regarding the facets of offenses,

meaning thereby that categories were made terming the offences as
heinous, serious, and petty. There have been specifications made
regarding the Juveniles who are between the age of 16-18, if any
kind of crime is committed by them then after due perusal of their
mental capacity, they can be tried as an adult.

 Introduction of Juvenile courts, meaning thereby that special courts

were to be established that will be trying the Juvenile offences only,
like that of the NDPS courts, courts dealing with POCSO, etc.

39
 CRIMINAL PROCEDURE CODE -II

 With the coming of the 2015 Act, the scope of the definition of Child
in need of care & protection was enhanced to another level by
considering the following points from the many mentioned in
Section 2 (14) of the Juvenile Justice (care and protection of
children) Act, 2015:

o Those whose guardians or parents are/ were unfit or

uninterested in taking care of the child.

o Those who are/ were found performing works that are in

contravention to the labor laws.

o Ones who have the imminent threat of marriage before

attaining the specified lawful age.

o The meaning of adoption has also been specified in the Act

through which the rights an adopted child stands recognized.

Causes of Juvenile Delinquency

Researches and Studies show that they are various causes of juvenile
delinquency in India. Every person has different behavioral patterns so as
in the case with children also. The behavior patterns develop in early
childhood and at an early stage, it is very difficult to identify any kind of
behavior. But as soon as, the child grows up comes out to the real-world,
behavior patterns changes from time to time and many circumstances or
situation may arise the delinquent behavior in them.

Following are some of the causes of Juvenile Delinquency:

 Adolescence Instability:
The biological, psychological, and sociological are important factors
in the behavior pattern of adolescents. At this stage, teenagers
become more conscious about their appearances and fashions,
enjoyment, food, play and etc. And at this age, they want freedom
and they wanted to be independent but sometimes they are given
any chances and opportunities by their parents, teachers, and
elders this leads to the development of anti-social behavior in them.
Thus, this anti-social behavior, biological changes, psychological
causes are some of the reasons which are responsible for juvenile

40
 CRIMINAL PROCEDURE CODE -II

delinquency.

 Disintegration of Family System:

Disintegration of the family system and laxity in parental control is
also the main cause of increasing rates of juvenile delinquency. In
normal cases divorce of parents, lack of parental control, lack of
love, and affections are the major factors of juvenile delinquency.

 Economic condition and Poverty:

Poverty and poor economic condition are also considered as major
contributing factor of increasing juvenile crimes as a result of
poverty, parents or guardian fails to fulfill the needs of the child and
at the same time, children want that their desires should be fulfilled
by parents by hook or by cook and when their desires are met they
start themselves indulging in stealing money from homes or any
other parents. And this develops a habitual tendency of stealing
which results in theft on a large scale.

 Migration:
Migration of deserted and destitute juvenile boys to slums areas
brings them in contact with some anti-social elements of society
that carry some illegal activities like prostitution, smuggling of drugs
or narcotics, etc. These sorts of activities attract the juvenile a lot
and they may involve themselves in such activities.

 Sex Indulgence:
The children who have experienced sexual assault or any other kind
of unwanted physical assault in their early childhood may develop
any kind of repulsiveness in their behavior and mind. At this age,
they may become more vagrants or may want to have sex
experience. Too much sex variance may lead the boys towards the
crime of kidnapping and rapes etc.

 Modern LifeStyle:
The rapidly changing social patterns and modern living style, make
it very difficult for children and adolescents to adjust themselves to
the new ways of lifestyle. They are confronted with problems of
cultural conflicts and are unable to differentiate between right and
wrong.

41
 CRIMINAL PROCEDURE CODE -II

Juvenile Courts

The juvenile court is also recognized as a children's court situated to

handle problems of delinquent, neglected, or abused children. It is the
sine qua non, to accomplish the proceeding of the court informally and
paternally so that the juvenile can be treated in a cozy and child
accustomed way.

Under this Juvenile Justice law and provisions of the Criminal Code
Procedure, children are not to be taken to a regular criminal court, the
purpose of a separate court is socio-legal rehabilitation and reformation
instead of punishment. Two types of cases are processed by a juvenile
court: civil matters, usually concerning the care of an abandoned child or
one whose parents cannot support him; and criminal matters arising from
antisocial behavior by the child.

Now regarding the courts where the juvenile is tried, if the juveniles are
found to be below the age of 16 years, they will be tried by the Juvenile
Justice Board. JJB consists of a Metropolitan Magistrate or Judicial
Magistrate First Class but, not being Chief Metropolitan Magistrate or Chief
Judicial Magistrate. And two social workers (one being a woman) with
experience of 7 years in health, education, or welfare activities pertaining
to children or, a practicing professional with a degree in child psychology,
psychiatry, sociology, or the law. And maximum of 3 years of sentence
can be passed.

Secondly, if the juvenile is between the age of 16-18, and has committed
a heinous crime as mentioned under Juvenile Justice Act, 2015, he will be
tried by the Children's court as an adult . The children's court may be an
existing court of session, that is dealing with child-specific laws or a
special court which are set up for the purpose of dealing with crimes
under the JJ Act. And can pass sentences of more than 3 years but not the
death penalty and life imprisonment. If the child is found guilty of the
heinous offense, he will be sent to the observatory home till 21 years of
age, after he will be sent to jail.

The Juvenile Justice Act, 2015 also mandates for setting up of Juvenile
Justice Boards and Child Welfare Committees in every district.

42
 CRIMINAL PROCEDURE CODE -II

Juvenile Justice and Constitution of India

The Constitution of India is considered the fundamental law of India.

Constitution provides rights and duties of citizens. It also provides
provision for the working of the government machinery. Constitution in
Part III has provided Fundamental Rights for its citizens in the same
manner in its Part IV it has provided Directive Principles of State Policies
(DPSP) which acts as general guidelines in framing government policies.

Constitution has provided some basic rights and provisions especially for
the welfare of children. Like:

 Right to free and compulsory elementary education for all children

under the age of 6 to 14 years. (Article 21A)

 Right to be protected from any hazardous employment under the

age of fourteen ages. (Article 24)

 Right to be protected from being abused in any form by an adult.

(Article 39(e)).

 Right to be protected from human trafficking and forced bonded

labor system. (Article 39)

 Right to be provided with good nutrition and a proper standard of

living. (Article 47)

 Article 15(3) of the Constitution of India provides special powers to

State to make any special laws for the upliftment and the
betterment of children and women.

Therefore, the lawmakers while drafting the Juvenile Act, 2015 has
considered all the necessary provisions laid down by the Constitution so
that child's rights are protected in all possible ways.

This is for the same reason that Chapter IV of the Act lays down the
provisions for the betterment of the juveniles and has focused on the
Reformation and Rehabilitation of Juveniles in all the possible
circumstances.

Conclusion
The increasing rates of juvenile crime in India in very concerning issue and
need to be focused upon. Although the government has laid various

43
 CRIMINAL PROCEDURE CODE -II

legislation and rules to stop the incidents of juvenile crimes the present
laws on juveniles are not creating a deterrent effect on the juveniles and
thus the results are not fruitful and the legislative intent is not
accomplishing.

1. Summons Case

A summons case under the CRPC is a legal process used to address less
serious offenses where the accused is required to appear before the court
based on a summons issued by the Magistrate. The procedure is generally
simpler and faster compared to warrant cases.

A summons case under the Criminal Procedure Code (Cr. P.C.) is a legal
process for less serious crimes that are punishable by up to two years in
prison:

 Definition

A summons case is a legal case that involves an offense that is not

considered a warrant case.

 Procedure

The procedure for handling summons cases is outlined in Sections 251 to

259 of the Cr. P.C. The procedure is generally less formal and faster than
warrant cases.

 Initiation

A summons case can be initiated on a police report or a complaint.

 Summons

A summons is a legal document issued by a Magistrate that orders a

person to appear in court and respond to a complaint against them.

 Plea of guilty

The accused can plead guilty, in which case the court will record the plea
and may convict the accused.

 Plea of not guilty

If the accused pleads not guilty, the Magistrate will post the case for
prosecution evidence.

44
 CRIMINAL PROCEDURE CODE -II

2. Charge Sheet

What is a Chargesheet? A chargesheet, as defined under Section 173

CrPC, is the final report prepared by a police officer or investigative
agency after completing their investigation of a case. It is submitted
before the Court for initiating the criminal trial.

A charge sheet is a final report prepared by a police officer or investigative

agency after a criminal case investigation is complete. It is submitted to
the court to begin a criminal trial.

A charge sheet is governed by Section 173 of the Code of Criminal

Procedure (CrPC). It includes the following details:

 Names of the parties involved

 Nature of the information received

 Names of people who may be familiar with the case

 Whether an offense appears to have been committed and by whom

 Whether the accused has been arrested

 Whether the accused has been released on bond

The charge sheet must be filed within a specified time frame, usually 60–
90 days. If the charge sheet is not filed within the time frame, the arrest is
considered illegal, and the accused is entitled to bail.

3. Non-Bailable Offence

Section 2(a) of the CrPC defines bailable offences as those offences where
bail can be granted as a matter of right and non-bailable offences as those
offences where bail is not a matter of right, but is subject to the discretion
of the court.

A non-bailable offense is a serious crime in the Code of Criminal Procedure

(CrPC) that does not allow the accused to be released on bail as a right:

 Police action

The police do not grant bail for non-bailable offenses. Instead, the accused
must be presented before a Judicial Magistrate or Judge within 24 hours of
their arrest.
45
 CRIMINAL PROCEDURE CODE -II

 Court decision

The court decides whether to grant bail at its discretion. The court may
grant bail if it is satisfied that there are reasonable grounds to do
so. However, the court may deny bail if it believes the accused may flee,
tamper with evidence, or intimidate witnesses.

 Punishment

Non-bailable offenses are punishable with imprisonment for three years or

more, and in some cases, life imprisonment.

 Examples

Some examples of non-bailable offenses include murder, rape,

kidnapping, and dacoity.

The list of bailable and non-bailable offenses is in the first schedule of the

4. 161 Cr.P.C. Statements

Section 161 of the Criminal Procedure Code (CrPC) of India allows the
police to examine and record statements from witnesses during an
investigation:

 Purpose

The purpose of Section 161 is to obtain evidence for use in court, and to
protect the accused from overzealous police or untrustworthy witnesses.

 What happens

The police can interrogate witnesses, record their statements in the first
person, and use audio-video technology to capture their statements. The
police officer must ensure that the witness answers all questions
truthfully, except for those that could lead to a criminal charge or penalty.

 Evidence value

According to the Supreme Court, statements recorded under Section 161

are not admissible as evidence in court and cannot be used to convict an
accused. However, they can be used to prove contradictions or omissions,
or by the defense to contradict the prosecution's witness.

Section 161 of the CrPC deals with the examination of witnesses by the
police, and this provision allows the police or gives them authority to
interrogate the witnesses whenever they need to record the statements of
the witnesses.
46
 CRIMINAL PROCEDURE CODE -II

5. Sessions Court

In the Code of Criminal Procedure (CrPC), a Court of Session is the highest

criminal court in a district, and is responsible for trying serious criminal
offenses:

 What it is

A Court of Session is a specialized higher court that deals with serious

criminal cases, such as murder, rape, theft, and physical assault.

 What it does

A Court of Session tries serious criminal offenses, which are those that
carry a punishment of imprisonment of more than seven years, life
imprisonment, or death. The court dispenses punishment to the guilty,
which can include a fine, imprisonment, or even death sentence.

 How it works

The police file cases against the accused on behalf of the state. A
Magistrate takes cognizance of an offense and commits it to the Court of
Session. The prosecutor then explains the charge and evidence.

 Where it is established

The Court of Session was established under the Code of Criminal

Procedure, 1973 (CrPC). The CrPC provides the machinery for the
investigation of crime, apprehension of suspected criminals, collection of
evidence, and determination of guilt or innocence.

A Court of Session is the highest criminal court in a district and the court
of first instance for trying serious offences, i.e., those carrying punishment
of imprisonment of more than seven years, life imprisonment, or death.

6. Executive Magistrate
7. Compoundable Offence

A compoundable offense is a crime where the victim and accused can

reach a settlement and avoid a trial. This process is called "compounding"
and is discussed in Section 320 of the Code of Criminal Procedure (CrPC)
of 1973.

47
 CRIMINAL PROCEDURE CODE -II

Compoundable offenses are less serious crimes that can be settled with or
without the court's permission:

 No court permission needed

These offenses can be settled without court approval, such as:

 Adultery

 Causing minor injuries

 Defamation

 Unlawful entry onto someone else's property

 Requires court permission

These offenses cannot be settled without court permission, such as:

 Causing miscarriage

 Criminal breach of trust

 Marrying again during the life-time of a husband or wife

When a compoundable offense is settled, the victim receives some form of

compensation from the accused, which could be more than just
money. The settlement should be made in good faith and without any
improper reasons or benefits for the victim.

In certain offences, the parties involved can effect a compromise while the
case is under trial in the court. This is called 'compounding', further action
in trial is discontinued. Cases in which this is permissible are called
compoundable offences.

8. Juvenile
9. Parole

In India, parole is a temporary release of a prisoner who has served part of

their sentence, but is subject to certain conditions. Parole is granted at the
discretion of the granting authority, and is only available in certain
circumstances.

Parole is different from probation, which can be granted instead of a

prison sentence. Parolees are still considered to be serving their sentence,
and can be returned to prison if they violate the conditions of their parole.

Some conditions of parole include: Staying within a certain geographical

area, Notifying parole officers of any address changes, Refraining from
48
 CRIMINAL PROCEDURE CODE -II

illegal substances, Refraining from committing additional crimes, and

Obtaining gainful employment.

There are two types of parole in India:

 Emergency parole

Granted for a period of 14 days in cases of death or serious illness of a

family member, or marriage of a family member.

 Regular parole

Granted for a variety of reasons, including familial and social obligations,

psychological needs, and to maintain contact with the outside world.

Parole is what the legal system calls the early release of an offender
whose original prison term has not been served in its entirety and is also
defined as supervised release, community supervision, or aftercare.

QUESTION PAPER – 2019

1. Describe the right of an arrested person under constitution

of India and CRPC?

Rights Of Arrested Person:

Right To Know The Ground Of Arrest

Every accused person has a right to know the ground for which he has
been arrested.

Section-50, of CrPc states that the person who is arrested should be

informed of ground of arrest and of right to bail. wherein a person is
arrested without any warrant he should be immediately informed of the
particulars of the type of offence which he has committed which has been
mentioned in the code and also states him whether the offence which he
has committed is a Bailable offence or a Non-Bailable offence.

If the offence is a Bailable offence then the accused has a right to be

released on bail. It is the duty of the police officer to inform him and he
can't refuse to do such thing.
Making known to the arrest grounds to the accused is a constitutional
requirement and failure to comply with the requirement leads to arrest
49
 CRIMINAL PROCEDURE CODE -II

illegal.

Section-50A, OF CrPc obligates a person making arrest to inform of the

arrest to any of the friends or relatives or any other person of his interest.
Also, the police officer should inform the arrested person that he can
inform to any of his friends or relatives about his arrest, police officer has
to perform his duty he can't deny or refuse it.

Section-55 OF CrPc states that when the police officer authorised his
subordinate to arrest the accused without a warrant, the subordinate
needs to notify the accused for what reason he has been arrested which is
written in that order specifying the offence what he has committed and
other grounds of arrest.

Section-75 OF CrPc states that if the arrest of accused is under a

warrant then the police officer or other person who is executing the
warrant shall notify the substance of the written order given by the senior
officer in written stating the offence for which the accused has been arrest
and if so required, shall show him the warrant.
If the police officer executing the warrant of arrest does not notify the
substance to the arrested person in accordance with this Section, he will
be acting in the violation of law.

As per Article 20(1) of the Indian Constitution no police officer should

arrest without informing the ground for the arrest.

Right To Be Taken Before Magistrate Without Delay:

The accused person has a right to appear before the magistrate within 24
hours from the time of the arrest. Despite the fact that the arrest is with
warrant or without warrant accused has to be taken to the nearest
Magistrate within the period of 24 hours of such arrest and have to keep
the accused in police station and nowhere else.

Article 22(2) of The Indian Constitution states that every person who is
arrested or detained in custody produced before the nearest Magistrate
within the period of 24 hours of such arrest excluding the time take place
necessary from the place of arrest to the nearest Magistrate.

Section-57 of CrPc states that the person who is arrested without

50
 CRIMINAL PROCEDURE CODE -II

warrant not to be detained in the custody of the police for more than 24
hours. The accused have to present before the magistrate within that
period. The period of arrest does not include the journey from the place of
arrest to the nearest magistrate. Magistrate can order his detention for a
term not exceeding fifteen days on the whole.

Section-76 of CrPc states that the person who is arrested with warrant
shall without necessary delay bring the person arrested before the court
where he is required to be present.

Right To Be Released On Bail:

The accused person has the right to be released on the bail if the offence
is a Bailable offence after paying the surety amount he can be entitled for
the bail and if the offence is Non-Bailable then it's upon the discretion of
the court whether to grant bail or not also it is the right of the right of the
accused to know the grounds of his arrest.

As per Section-50 of CrPc, where the accused is arrested without

warrant, he should be immediately informed of the particulars of the
offence and grounds of his arrest and whether the offence is Bailable or
not, if yes then he has right to be released on Bail.

Right To Fair Trial:

The accused has a right to have a fair trial while taking the principle of
equity, justice and good conscience into consideration. No provision
relating to the fair trial has been mentioned under the code of criminal
procedure but the interest of the accused to have fair trial has been
mentioned under the Supreme law of land under ARTICLE 14, "which says
that all persons are equal in the eyes of law", this statement itself says
that every person should be given equal opportunity and the accused has
a right that during his trial the principle of Natural Justice should be
followed. Also, the accused has a right to have free and speedy trial;
principle of Natural Justice should be followed in both the aspects.

In Huissainara Khatoon V. Home Secretary, State Of Bihar, it was

held that the trail is to be disposed of as speedily as possible.

51
 CRIMINAL PROCEDURE CODE -II

Right To Consult A Legal Practitioner:

The accused has a right to address himself before the magistrate through
his legal advisor. Right to address before the magistrate by legal
practitioner is fundamental right which has been mentioned
under Article-22(1), which states as soon the person is in the custody of
the police he has the right to have legal practitioner to guide him
regarding the gravity of the offence which he has committed and the
grounds and the remedy which he can provide the accused. If the offence
is Bailable, then the legal practitioner can help him to release on Bail by
giving the surety amount.

Also, under Section-303 of CrPc states that is the person is accused of

an offence before criminal court, or against whom proceedings are
instituted may of right to be defended by a pleader of his choice.

Right To Free Legal Aid:

The accused has a right to have the legal aid service which has been
provided by the legal service authority if his income is less than Rs. 1,
50,000/- he has to prove that by the way of the income affidavit and thus
he is entitled to have free legal aid service and can have a legal
practitioner for himself on his behalf to address the court proceedings.

Section-304 of CrPc states that wherein between the trial proceedings if

the accused is not presented by a pleader, and where the court believes
that he is not having enough means to appoint a pleader then his defence
would be at the expense of the state and he can be entitled to have free
legal aid service and thus a legal practitioner to appear on the behalf of
the accused.

Article-39(A) has been inserted by the 42nd Amendment which ensures

in that it is the duty of the state to provide legal aid services to the
accused in order to ensure equal opportunity in securing justice and shall
not be denied to any citizen by reasons of economic and other disabilities.
According to article 21 of the Indian Constitution.

In the case of Khatri v/s State Of Bihar, it was stated that if the
accused person is declared indigent then the state has to provide free
legal aid services to him.

52
 CRIMINAL PROCEDURE CODE -II

Right To Be Silent:

The accused has a right to remain silent because the magistrate has to
know the gravity of the confession or statement which has been made by
the accused is made by him voluntarily or not and this right has not been
mentioned in any code.

This is the right which has been given to the accused from the common
law principles. This right leads to the provision which has been mentioned
under Article-20(3) of The Indian Constitution, which says that no person
accused for any offence shall he compelled to be a witness against
himself i.e. the principle of Self-Incrimination.

In The Case Of Nandini Sathpathy V. [Link],, it was stated that no

one can force any accused to answer any question or give statement and
the accused has the right to remain silent during the process of
interrogation.

Right To Be Examined By The Medical Practitioner:

> The accused has a right to be examined by the medical specialist.

According to Section-54 Of CrPc, which says that examination of the
arrested person by the medical practitioner on the request of the accused
if he alleges that at the time when he was produced before the magistrate
or during the time of his detention contains proof which will disprove that
the offence has been committed by him and will suspects other person
who has actually committed the offence then the magistrate after
agreeing to his statement can assign a medical practitioner to collect the
evidence for reaching the ends of justice.

In the case of Yoginder Singh V. State Of Punjab, it was stated that

constitutional provisions i.e. Article 21 and 22(1) are necessary
because:

 The accused has the right to inform his friends, relatives or any
other person who is in relation to whom or whom the information
should reach so if the offence is Bailable offence he could bring the
surety amount and he can be released on Bail.

53
 CRIMINAL PROCEDURE CODE -II

 The police officer are under the obligation directed by the state to
inform about the grounds and regarding the offence the accused has
been arrested.

 The entry should be made in a diary to which the information of

arrest has been made by the accused.

Conclusion:
In The Case Of D.K Basu V. State Of West Bengal And Ors,, this
case was the landmark judgement which talks about the rights of the
arrested person and also obligates the police officer to do certain activities
which has been imposed on him. Also it has been stated that it is the duty
of the police officer to inform the accused about the grounds and offence
which he has committed and if the police officer fails in performing his
duty he will be punished for the violation of law.

2. Who can claim the maintenance under code of criminal

procedure ? Describe the law relating to maintenance laid
down from sections 125 to 128 of the code?
3. Describe the trail procedure before the court of magistrate?
4. Explain the special procedure provided for treatment and
rehabilitation of juveniles under juvenile justice Act?

Introduction

The Juvenile Justice (Care and Protection of Children) Act, 2000 was
enacted to consolidate and amend the law relating to juvenile in conflict
with law and children in need of care and protection, by providing for
proper care, protection and treatment by catering to their development
needs, and by adopting a child-friendly approach in the adjudication and
disposition of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under this law. The
law also addresses the growing number of crimes committed by children
aged 16 to 18 in recent years.

Salient features of JJA:

1. The Act known as ‘The Reformatory Act’ deals with two categories of
children, namely children in need of care and protection and
children in conflict with the law. The juvenile/child has been defined
as anyone who has not completed the age of 18 years.

54
 CRIMINAL PROCEDURE CODE -II

2. The Act addresses those children who have completed 16 years of

age but are below 18 in case of heinous offences and treats such
offenders as adults.

3. The competent authority to deal with children in need of care and

protection is the Child Welfare Committee which constitutes a
Chairperson and four other members, one of whom at least should
be a woman. Chapter IV of this Module would focus in detail about
Children in need of care and protection and the functioning of the
CWC in rehabilitation and disposition of cases.

4. Juvenile Justice Board (JJB) is the competent authority to deal with

children in conflict with law which comprises three members. The
Chairperson of the Board should be a First Class Judicial Magistrate
and two honorary social workers out of whom at least one should be
a woman. Special provisions for children in conflict with law and the
responsibilities of the Board are discussed in detail in Chapter III of
this Module.

5. The focus of the new law is the restoration of the child which means
restoration to the parents, adopted parents, and foster parents. The
Act also provides for the establishment of various kinds of
Institutions such as:

 - Children’s Home for the reception of children in need of care and

protection.

 - Special Homes for the reception of child in conflict with law

 - Observation Homes which are meant for the temporary reception

of children during the pendency of any inquiry.

 - After-care organizations which are meant for the purpose of taking

care of children after they have been discharged from Children’s
Home or Special Homes.

6. A few sections in the Act (Sec 23 – 26) are focused on the offences
committed by anyone against a child such as assault, causing
mental or physical suffering and employment of a child which are
considered as non bailable offences.

Scheme for rehabilitation of juveniles

The recovery and social inclusion of children under the Act is performed
on the basis of the child’s individual care plan. It is done ideally by family-
based treatment such as return to the family or guardian with or without
guidance or support, or adoption or foster care.

Rehabilitation is done by providing institutional and non-institutional care:

55
 CRIMINAL PROCEDURE CODE -II

Institutional Care

1. Observation Homes- Section 8 of the Act, provides that the state

government may establish and operate observation homes in each
district or group of districts. A minor is temporarily received and
detained in these homes for their social study. During the stay in the
establishment, medical and psychiatric services were also provided,
as well as basic equipment such as food, clothing and
accommodation for minors. The competent authority then decides,
depending on the case, to keep them in the institution or to entrust
them to their parents.

2. Special Homes- Section 9 of the Act, states the state government

may establish and maintain special homes in each district or group
of districts. When the offence committed by a minor is proven and
condemned by the competent authority, he/she is placed in the
special home established by the state governments. In the special
home, minors are treated for a long time or until their age ceases.

3. Children’s Home- Section 34 of the Act states that the children’s

home is a home where children in need of care and protection are
placed on the order of a competent authority. Children are provided
with all the services necessary for overall development up to a fairly
high age, that is, until 18 years of age.

4. Shelter Homes- According to Section 37, Shelters Homes are for

children in need of urgent support. Shelter homes provide children
with space where they can play and engage in creative activities.

Non-institutional Care:

1. Section 40 of the Act talks about the process of rehabilitation and

social reintegration. The rehabilitation and social reintegration of a
child must begin during his stay in a children’s home or special
home monitoring organization and shall be carried out alternatively
by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the
child to an after-care organisation.

2. Adoption- Section 41 talks about adoption as the process by which

the adopted child is permanently separated from his biological
parents and becomes the legal child of his adoptive parents with all
rights, privileges and responsibilities that are attached to a
biological child. Adoption is done with the mutual consent of the
family, who hands over the child and who receives the child. By
adoption, the child receives a new name, a legal status and a
permanent family.

56
 CRIMINAL PROCEDURE CODE -II

3. Foster care- Section 42 describes that foster care is one of the non-
institutional measures used for the temporary placement of
children. Homeless, abandoned, neglected and deprived children
benefit from a foster family. He replaces parents with others to
provide care outside their own home. The child is placed in foster
care when natural parents are faced with problems such as
sentencing, life-threatening illnesses and being abroad.

4. Sponsorship- Section 43 deals with another type of non-institutional

measure called the Sponsorship Program which provides additional
assistance to families, children’s homes and special homes to meet
the medical, nutritional, educational and other needs of children.
Sponsorship is given to improve their quality of life. There are many
types of sponsorship programs for children, such as individual-to-
individual sponsorship, group sponsorship or community
sponsorship.

5. After Care Organisation- The juveniles are taken care of in the

organization of the aftercare, which is a transition home, after
leaving the special homes and the children’s home. Minors in
conflict with the law and children in need of care and protection,
both categories are placed in aftercare organizations. Monitoring
organizations allow minors to lead an honest and industrious life.
Follow-up agencies are committed to the primary goal of enabling
children and youth to adapt to society.

Conclusion

To be effective in recovery and to maintain the children’s well-being, daily

follow-up is important. The task of social workers is all the more important
because children need continuous assistance even after recovery. The
main objective should be to find a loving and caring family for each
adoptable child and to ensure that the child’s ‘best interests’ are always
borne in mind. The earlier a child is adopted by alternate families, the
better it is for the child’s overall growth and progress.

1. Remand

Remand is a term in the Code of Criminal Procedure (CrPC) that refers to

the act of sending an accused back into custody of the competent
authority. It can also refer to sending a case back from the appellate court
to the lower court.
57
 CRIMINAL PROCEDURE CODE -II

The CrPC has several provisions that govern the power of a court to
remand an accused to custody, including Sections 167(2), 209(b), and
309(2). Each provision has a different purpose and applies at different
stages of a criminal trial:

 Section 167(2)

This section relates to the investigation stage and can order remand to
either judicial or police custody.

 Section 209(b)

This section relates to the stage when the magistrate commits the
case. The accused can be remanded to custody during and until the trial
concludes.

 Section 309(2)

This section relates to a stage after cognizance and can only remand the
accused to judicial custody.

The purpose of remand is not punitive, but rather to safeguard the

accused's right to life and liberty.

Police Custody Remand – Under section 167 magistrate can grant Police
Custody Remand or judicial Remand . the accused is sent to the remand to
the lock up at the police station under the police surveillance . Generally
the police remand is requested for the purpose of investigation or
questioning the accused .

2. Charge
3. Fair trail
4. Search and seizure

Search and seizure is a procedure in the Code of Criminal Procedure

(CrPC) that involves the examination of a person, place, or premises to
collect evidence of a crime and the taking of relevant items into police
possession:

Step Explanation

58
 CRIMINAL PROCEDURE CODE -II

Searc Law enforcement officers examine a person's property, looking for

h items related to a crime

Seizur Law enforcement officers take possession of items discovered during

e the search

Search and seizure is an important tool for law enforcement agencies to

investigate cases. The CrPC outlines procedures for search and seizure to
ensure the legality and reliability of the evidence collected.

Here are some important aspects of search and seizure in the CrPC:

 Authority to search and seize: Police can search and seize under
their authority under section 165 of the CrPC, or under a warrant
issued by the court under section 93.

 Documentation: Seized items must be properly documented and

their chain of custody maintained.

 Timely delivery: Seized items should be sent to the court without

delay.

Search and seizure under CrPC refer to the process of examining a person,
place, or premises to collect material evidence and the act of taking
possession of relevant items or evidence discovered during the search,
respectively.

5. Anticipatory bail

Anticipatory Bail

Under Section 438 of the Criminal Procedure Code there is a provision for
a person to seek ‘Anticipatory Bail’. This means that an individual can
seek or request to get bail in anticipation or in expectation of being
named or accused of having committed a non-bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false

accusation or charges made against him/her, most commonly due to
professional or personal enmity, as it ensures the release of the falsely
accused person even before he/she is arrested.

59
 CRIMINAL PROCEDURE CODE -II

To get anticipatory bail the person seeking it, must approach the Court of
Sessions or the High Court and citing section 438 of the Criminal
Procedure Code as well as giving proper reason, apply for it. If the court,
based on a number of conditions and the nature of the case, sees merit in
the petition the bail is granted. Hence if and when the person is arrested,
he/she will be immediately released on the basis of the anticipatory bail.

Conditions that are taken into consideration by the court when granting
anticipatory bail include, but are not limited to:

 The person will make him/herself available for interrogation by the

police as and when required by them

 The individual shall not directly or indirectly make any threat,

promise or offer any bribe to any person who is connected to the
case or knows facts about the case, so as to keep them quiet or
to get them to change their report of facts to the court or the police

 An assurance that the person shall not leave India without prior
permission from the court

Under Section 438 of the Criminal Procedure Code there is a provision for
a person to seek 'Anticipatory Bail'. This means that an individual can
seek or request to get bail in anticipation or in expectation of being
named or accused of having committed a non-bailable offence.

6. Probation

Probation of offender has been widely accepted as one of the non-

institutional methods of dealing with corrigible offenders, particularly
young offenders and first time offenders. • Probation is a period of
supervision over an offender, ordered by the court instead of serving time
in prison.

Probation is a sentencing option in the Criminal Procedure Code (CrPC)

that allows a convicted offender to serve their sentence in the community
under supervision:

 Eligibility

Probation is often granted to first-time offenders, non-violent offenders,

and those convicted of misdemeanors.

 Requirements

Offenders must meet certain conditions and rules, such as reporting to a

probation officer, performing community service, and avoiding drugs and
alcohol.
60
 CRIMINAL PROCEDURE CODE -II

 Consequences

If an offender fails to meet the conditions of their probation, it can be

revoked and they may be sentenced to jail time.

The CrPC's Section 360 allows the court to release a convicted offender on
probation of good conduct in certain circumstances. The purpose of this
section is to avoid sending first-time offenders to prison for minor offenses
that could lead them to become repeat criminals.

7. FIR
8. Executive Magistrate
9. Observation home

An observation home is a temporary facility for the care and rehabilitation

of children who are believed to be in conflict with the law or at high
risk. The Juvenile Justice (Care and Protection of Children) Act, 2015,
permits the establishment of observation homes by the state government,
either independently or through voluntary organizations.

Here are some details about observation homes:

 Purpose

Observation homes provide temporary care, rehabilitation, and reception

for children who are believed to be in conflict with the law or at high risk.

 Who can be placed in an observation home?

Children who are arrested by the police or found to be living in neglect can
be placed in an observation home. Children who are denied bail may also
be placed in an observation home.

 How long a child can be held in an observation home?

Children can be held in an observation home for months.

 Segregation

Observation homes should be separate for boys and girls, and age-based
segregation should be implemented.

 Management

The state government can make rules for the management of observation
homes, including the services they provide and the circumstances under
which they can be certified or withdrawn.

61
 CRIMINAL PROCEDURE CODE -II

Every juvenile who is not placed under the charge of parent or guardian
and is sent to an observation home shall be initially kept in a reception
unit of the observation home for preliminary inquiries, care and
classification for juveniles according to his age group, such as seven to
twelve years, twelve to sixteen

QUESTION PAPER – 2018

1. Define 'Offence'. Distinguish between 'Cognizable' and 'Non-

Cognizable' offence. ?

An offense is a crime, and there are different types of offenses, including

cognizable and non-cognizable:

Criminal offences are divided into different types according to their

seriousness, character, and the processes used in their investigation and
trial.

Bases on the aforementioned criteria, offences can be divided into two

categories:
cognizable offences and non-cognizable offences. The degree of
police involvement, the
procedure for making an arrest, and the progress of the legal process are
all influenced by these classifications.

In this article, we’ll go through the definitions and differences

between cognizable and non-cognizable offences in India along
with certain important case laws.

What are Cognizable Offences?

The Criminal Procedure Code, 1973 (CrPC) defines the term cognizable
offence under Section 2(c). Cognizable crimes are those for which the
police have the authority to arrest the accused without a warrant or a
magistrate’s approval. The consequences of these crimes are horrible and
more severe as opposed to non-cognizable offences.

The First Schedule of the Code outlines how offences are categorized and
whether a certain offence fits into the category of a cognizable offence or
not. Such offences include rape, murder, kidnapping, theft, and abduction,
among others. These offences put society at danger and undermine its
peace and harmony.

After a First Information Report (FIR) is filed, the investigation into crimes
that are punishable by law begins. It is information that is provided to the
police officer orally or in writing and is regarded as proof gained in cases
with cognizable elements. Additionally, it strengthens the prosecution’s
62
 CRIMINAL PROCEDURE CODE -II

case. Section 156 of the CrPC gives police officers the authority to look
into a crime that is legally actionable.

What are Non-cognizable Offences?

Section 2(l) of the CrPC defines non-cognizable offences are those

offences for which a police officer cannot arrest the accused without a
warrant and cannot initiate an investigation without the permission of a
court. A non-cognizable offence is a criminal act that is typically less
serious in nature.

Section 155(2) states that the police require permission from the
Magistrate to file a FIR for non-cognizable offences. Under Section 158, a
police report must be submitted to the Magistrate to inform them of the
ongoing investigation for both cognizable and non-cognizable offenses.

If someone approaches a police officer to report a non-cognizable offense,

the officer will make a note of the information in a book at the police
station. However, the officer cannot take immediate action to investigate
or make an arrest without the direction of a Magistrate. The Magistrate, as
per Section 159, has the authority to decide whether the investigation
should proceed and can issue directives accordingly.

Important Judgements on Cognizable and Non-Cognizable

Offences

1. Lalita Kumari v. State Of U.P: The Honorable Supreme Court ruled

that pursuant to Section 154, a police officer is required to file a police
report (FIR) if the information provided suggests the commission of a
crime. The Court went on to rule that the word “shall” does not give a
police officer any discretion to conduct preliminary inquiries before filing a
police report.

The Court ruled that arresting officials who refused to file the FIR would
face harsh punishment. However, the court ruled that an arrest and an
investigation are two distinct things. If an FIR is registered against
someone without any supporting evidence, section 154 does not grant
police the authority to make an arrest.

2. Om Prakash and ANR v. Union of India: In this particular decision,

the Court explained the police’s authority in the event of non-cognizable
offences. They declared that a police officer, or in this case, an excise
officer, cannot make an arrest without a legitimate arrest warrant.

The same clause is specified in Section 41 of the 1973 Code of Criminal

Procedure, which lists the many circumstances in which a person may be
detained by the police with or without a warrant.

63
 CRIMINAL PROCEDURE CODE -II

3. State of Karnataka v. M.R. Hiremath: In this case, the Supreme

Court clarified that the power to categorize an offence as cognizable or
non-cognizable lies with the legislature. The court held that the police
cannot arbitrarily change the classification of an offence from non-
cognizable to cognizable or vice versa, and such changes can only be
made through legislative amendments.

4. State of Haryana v. Bhajan Lal: The Supreme Court laid down

guidelines for determining when a preliminary inquiry can be conducted
before registering an FIR in non cognizable offences.

The Court held that a preliminary inquiry may be conducted only when
there are compelling reasons to do so, such as lack of prima facie
evidence or the need to protect innocent persons from harassment.

5. Ramesh Kumari v. State of NCT of Delhi: The Delhi High Court

clarified that in non-cognizable offences, the police have the power to
make an arrest without a warrant if the offence is committed in their
presence. However, the court emphasized that such arrests should be
made only in exceptional circumstances and not as a routine practice.

Difference between Cognizable and Non-Cognizable Offences

64
 CRIMINAL PROCEDURE CODE -II

Conclusion

Understanding the differences between the two categories of offences is

essential to comprehend police authority, investigation process, etc. The
police have the authority to detain the suspect and launch an independent
investigation in cases of cognizable offences without first obtaining the
consent of the relevant Magistrate. Since cognizable offences are serious
crimes, this action is being done in an effort to find the accused as soon
as possible.

2. What is 'Fair trial'? Explain the principal features of 'Fair

kial?
3. Define arrest. Explain under what conditions a police officer
may arrest without a warrant.
4. Who is a 'Juvenile'? Explain the special provisions provided
for treatment and rehabilitation ofjuveniles under the
Juvenile Justice Act.

1. Parole
2. Bellable & Non-bailable offence
3. Bail

Bail is a process that allows an accused person to be released from police

custody and is governed by the Criminal Procedure Code (CrPC) of
India. The CrPC outlines the conditions for bail, the factors that influence
bail decisions, and the process for revoking bail.

Here are some of the provisions of the CrPC related to bail:

 Bail for bailable offenses

65
 CRIMINAL PROCEDURE CODE -II

Section 436 of the CrPC states that a person accused of a bailable offense
must be released on bail if they are willing to provide it. The court has no
discretion in this matter.

 Bail for non-bailable offenses

Section 437 of the CrPC states that a person accused of a non-bailable

offense may be released on bail if certain conditions are met. The court
has discretion in whether to grant bail in these cases.

 Bail conditions

Bail may involve executing a bond for a sum of money and attending at a
specific time and place.

 Bail revocation

The court can revoke bail if the accused violates the conditions of bail or
commits another offense. The court may also reconsider bail if new
evidence emerges that indicates the accused may interfere with the
investigation.

The CrPC aims to balance the rights of the accused with the need to
ensure justice and maintain public order.

Bail is a legal mechanism that allows an accused person to be released

from custody pending trial or investigation, subject to certain conditions.
The CrPC outlines the procedures and conditions under which bail may be
granted

4. Autrefois Acquit & Autrefols Convict

5. Revision

Revision in the Criminal Procedure Code (CrPC) is the power of the High
Court and Sessions Court to review orders and judgments made by lower
courts. The purpose of revision is to prevent wrongful convictions and
ensure justice is done.

The revisional jurisdiction of the court can be exercised in the following

cases:

 To correct a legal deficiency or jurisdictional mistake

 To remedy a severe miscarriage of justice

 To prevent abuse of the court process

 To secure the ends of justice

66
 CRIMINAL PROCEDURE CODE -II

However, the revisional jurisdiction is limited and cannot be used in the

following situations:

 For interlocutory orders passed in any appeal, inquiry, or trial

 When there is compliance with the provisions of the law

 When judicial discretion has been exercised judiciously

The revisional jurisdiction is supervisory in nature and cannot be

compared to appellate jurisdiction.

Moving to Criminal Revision, it is a procedure by which a higher court

reviews the legality and correctness of an order passed by a court lower
than it in superiority. While it can be a more streamlined process
compared to a writ, it has its limitations, and it may not always result in
the desired outcome.

6. Compoundable & Non- Compoundable offence

Meaning of Compoundable Offences

Compoundable offences are those crimes where the person who filed the
case (the victim) agrees to drop the charges against the accused by
making a genuine compromise. This compromise should be made without
any improper reasons or benefits for the victim.

Section 320 of the Criminal Procedure Code (CrPC) deals with the
possibility of resolving offences through compromise. These offences are
less severe criminal actions and fall into two categories, as described in
Section 320 of the Criminal Procedure Code:

No Court Permission Needed: These offences can be settled without

needing approval from the court beforehand. Examples of such offences
include:

 Adultery – Section 497 of the Indian Penal Code (IPC)

 Causing minor injuries intentionally – Section 323, IPC

 Defamation – Section 500, IPC

 Unlawful entry onto someone else’s property – Section 447, IPC

Court Permission Needed: To resolve these offences through

compromise, prior permission from the court is required. Examples of
these offences are:

 Theft – Section 379, IPC

67
 CRIMINAL PROCEDURE CODE -II

 Misappropriation of entrusted property – Section 406, IPC

 Causing serious injuries intentionally – Section 325, IPC

 Assault on a woman with the intention to outrage her modesty –

Section 354, IPC

 Dishonest use of property – Section 403, IPC

Applications to settle an offence through compromise must be submitted

to the same court where the trial is ongoing. Once an offence is resolved
in this way, it’s treated as if the accused person has been found not guilty.

However, some offences, even though they can be settled through

compromise, require the court’s permission. These offences should be
settled before the trial begins. If the accused has already been found
guilty and an appeal is pending, court permission is necessary to settle
these offences. The court’s permission is needed for these cases because
these offences are serious in nature and set a negative example for
society.

Examples of Compoundable Offences include:

 Saying things intentionally to hurt someone’s religious feelings –

Section 298, IPC

 Unlawful entry into a home or building – Section 448, IPC

 Violating a contract of service – Section 491, IPC

 Printing or engraving defamatory material knowingly – Section 500,

IPC

Meaning of Non-Compoundable Offences

Non-compoundable offences are serious crimes that cannot be settled

through compromise. They can only be dismissed or quashed. The reason
behind this is that these offences are so severe and criminal that the
accused cannot be allowed to avoid punishment. In such cases, it’s
usually the “state” or the police that has filed the case, so the idea of the
victim making a compromise doesn’t apply.

All offences that are not listed in Section 320 of the Criminal Procedure
Code are considered non-compoundable.

Both individuals and society are affected by non-compoundable offences.

In a non-compoundable offence, no compromise is permitted. Even the

court doesn’t have the authority to settle such an offence. A full trial takes
place, resulting in either the offender being acquitted or convicted based
on the provided evidence.
68
 CRIMINAL PROCEDURE CODE -II

Examples of non-compoundable offences include:

 Causing intentional harm using dangerous weapons or methods –

Section 324, IPC

 Reckless driving or riding on a public road – Section 279, IPC

 Unlawfully confining a person for three days or more – Section 343,

IPC

 Physically assaulting or using criminal force against a woman with

the intent to violate her modesty – Section 354, IPC

 Breach of trust by a public servant, banker, merchant or agent, etc.

– Section 409, IPC

 Damaging a public road, bridge, navigable river or channel, making

it unsafe for travel or property conveyance – Section 431, IPC

 Creating fake marks that public servants use to denote property

ownership or quality – Section 484, IPC

Difference Between Compoundable and Non-Compoundable

Offences

The difference between Compoundable and Non Compoundable offences

can be comprehended by exploring the following key aspects in greater
detail:

Nature of Crime

Compoundable offences are characterised by their less severe nature. On

the other hand, non-compoundable offences are marked by their gravity
and seriousness, making them significantly more severe in comparison.

Withdrawal of Charges

In cases of compoundable offences, the charges levied against the

accused can be retracted or withdrawn if both parties reach a
compromise. However, in the realm of non-compoundable offences, the
charges brought against the accused cannot be retracted or withdrawn,
regardless of any agreements between parties.

Affected Parties

Compoundable offences predominantly impact private individuals, often

involving disputes between individuals. Contrarily, non-compoundable
offences extend their ramifications to both private individuals and the
broader society at large, suggesting a broader social consequence.

Compoundable Nature

69
 CRIMINAL PROCEDURE CODE -II

In the context of compoundable offences, the process of resolution can

transpire with or without the court’s approval. The parties involved can
resolve the matter through an agreement, either with or without the
court’s formal endorsement. Conversely, in non-compoundable offences,
the option of compounding the offence is off the table; the only recourse is
to seek the quashing of the charges.

Filing of the Case

The origination of cases related to compoundable offences generally

stems from private individuals, who initiate legal proceedings against the
accused. In contrast, cases associated with non-compoundable offences
are often initiated by the state or government authorities, emphasising
the state’s involvement in seeking justice for more serious crimes.

Table on Difference Between Compoundable and Non

Compoundable Offences

Conclusion

The classification of offences into compoundable and non-compoundable

serves as a fundamental framework within legal systems. Compoundable
offences, characterised by their less severe nature, allow for the
possibility of resolution through compromise, often with the consent of the
aggrieved party.

70
 CRIMINAL PROCEDURE CODE -II

7. Legal Aid

Free legal aid is the provision of free legal services in civil and criminal
matters for those poor and marginalized people who cannot afford the
services of a lawyer for the conduct of a case or a legal proceeding in any
Court, Tribunal or Authority.

Legal aid is a free legal service provided to those who are unable to afford
a lawyer for criminal or civil matters under the Code of Criminal Procedure
(CrPC):

 Eligibility

The accused is eligible for legal aid if they are not represented by a lawyer
and it appears that they cannot afford one. The accused's right to legal
aid cannot be denied, even if they do not apply for it.

 Court's role

The court will assign a lawyer to defend the accused at the state's
expense.

 High Court's role

The High Court can make rules for selecting lawyers, the facilities they are
entitled to, and the fees they will receive.

 Consequences for state

If the state fails to provide legal aid to an accused, the entire trial may be
considered void.

Legal aid is an important part of India's legal system, as it helps to ensure

that the poor and underprivileged have access to a fair trial. It is funded
by the central, state, and district governments

8. Juvenile Dolinquency

Juvenile delinquency is defined as a minor or young person committing an

unlawful act. The Criminal Procedure Code (CPC) of India has provisions
that ensure the rights and interests of minors and provide a fair process
for juvenile offenders:

 Article 414.1: Ensures that procedures are age-appropriate and

suitable for minors

71
 CRIMINAL PROCEDURE CODE -II

 Article 414.3: Ensures that minors have the right to be represented

in proceedings by people with experience in psychology and social
affairs

 Article 423.1: Ensures that the first-instance trial panel includes an

assessor with experience in the psychology of minors

The criminal procedure for juvenile cases differs from the adult criminal
justice system. Minors are usually tried in juvenile court, which has
protections built into its proceedings. The juvenile justice system focuses
on rehabilitation and providing care to help juvenile offenders lead a
decent life.

Some factors that courts consider when deciding whether to try a minor in
adult criminal court or juvenile court include: The severity of the crime,
The minor's criminal record, and Other circumstances surrounding the
juvenile's actions.

Juvenile delinquency refers to the involvement of minors below the age of

18 in illegal activities that can hamper the proper functioning of law and
order in a country. A juvenile is an individual who has not attained the age
of majority. The statutory age of majority is different in every nation.

9. Special Public Proseoutor

A Special Public Prosecutor (SPP) is a public prosecutor appointed by the

state government to conduct cases under special acts before designated
courts. SPPs are subordinate to the Director of Prosecution.

Here are some of the responsibilities of an SPP: Notifying victims of court

proceedings, Informing informants and witnesses of proceedings, and
Taking cognizance of offenses.

To be eligible for appointment as an SPP, a person must have:

 Been in practice as an advocate for at least seven years

 Held a post for at least seven years under the state requiring special
knowledge of law

The state government can appoint an SPP for each Special Court
by: Notification in the Official Gazette, Specifying an Exclusive Special
Public Prosecutor, Appointing an advocate, and Referring to an advocate.

72
 CRIMINAL PROCEDURE CODE -II

Special Public Prosecutors conduct cases under Special Act before the
designated Courts under Special Acts such as NDPS Act, SC/ST POA Act,
POCSO Act. Electricity Act, OPID Act, etc on-behalf of the State
Government.

QUESTION PAPER – 2017

1. Discuss the constitutional interpretation of Article 21 as a

right to speedy trail?

Yes, the right to a speedy trial is implicit in Article 21 of the Indian

Constitution, which guarantees the right to life and liberty. The Supreme
Court has ruled that the procedure for depriving someone of their liberty
must be fair, reasonable, and just, and that a speedy trial is an essential
part of this.

The right to a speedy trial applies at every stage of a legal process,

including the investigative process, inquiry, trial, appeal, revision, and
retrial. The state is responsible for establishing procedures to ensure a
speedy trial.

People can enforce their right to a speedy trial by applying to the Supreme
Court under Article 32 or the High Court under Article 226.

What is the constitutional interpretation of Article 21?

Article 21 also prohibits arbitrary or unlawful detention. It ensures that no

person can be detained without proper legal justification or without
following the due process of law. It safeguards against arbitrary arrests
and protects individuals from being unlawfully deprived of their freedom.

It also encompasses the right to a fair trial. It guarantees that every

person accused of an offense shall have the right to a fair and impartial
trial, including the right to legal representation, the right to be heard, and
the right to present evidence in their defense.

2. Discuss the FIR and Evidentiary value of FIR

73
 CRIMINAL PROCEDURE CODE -II

WHAT IS FIR?

The information given by any person to the police of an offence which the
police is empowered to investigate under the Code (Cognizable Offence),
is called ‘first information’. The provision regarding the first information
report are contained in the chapter six under Section 154 of CrPC, this
information must be reduced to writing and the police officer must make a
note of the receipt of this information in a diary maintained by him every
day. This written information is called “First Information Report” (FIR).

Even sometime telephonic message or email or Facebook message can be

treated as an FIR regardless with the fact and circumstances. An FIR is
lodge to set the process of criminal justice in motion.

ESSENTIAL OR INGREDIENTS OF AN F.I.R.[5]

First information report containing information about the commission of a

cognizable offence. It is a very important document in a criminal case but
it is not referred to as such in the Criminal procedure Code. The important
characteristic requirement of an F.I.R are :-

(a). that the information should be the first in point of time;

(b). it should be an information definite and responsible and not merely

rumour or village gossip or hearsay of an indefinite variety;

(c). It must have been given to an officer-in-charge of a police station;

(d). it should be the information which set the police on their investigation
in the particular case;

(e). it should be the information which set the police on their investigation
in the particular case;

(f). is should be given in writing or should be reduced to writing;

(g). it should have been read over to the person who made it and it should
be signed by such person;

(h). it should be entered in a book kept for the purpose.

WHO CAN FILE FIR?

The following persons may file an FIR

1. The victim or any person on behalf of the victim

2. Any person who is a witness to the crime or has heard of the crime

3. An officer in-charge of a police station.

74
 CRIMINAL PROCEDURE CODE -II

So even if any person heard about the commission of a crime then the
person can directly approach a police station and file a FIR, mentioning
the source from where he heard of the crime. Even hr may either give a
written statement or make a oral statement to the officer in-charge who
will then write it down in FIR register.

WHY IS FIR NEEDED?

For common understanding, it is believed that FIR is recorded to set the

criminal law into motion. Precisely, the police cannot investigate unless
any information of criminal act or conduct is received by it. As soon as the
police receive the information, the process of arrest, search and trial start.
Thus, it is said that FIR is needed to set the criminal law into motion.[6]

However, in State of Maharashtra v Ahmed Shaikh Babajan,[7] the

apex court observed that “FIR is not a condition precedent to the setting
of criminal law into motion. It means that the police can take action even
before the FIR is recorded. Another essential purpose of FIR is to record
the information of the offence and the accused before the memory of the
information fails or before s/he gets time to fabricate the information.

WHAT SHOULD YOU MENTION IN THE FIR?

Your name and address;

Date, time and location of the incident reported;

The true facts of the incident when they occurred;

Names and descriptions of the people involved in the incident

WHAT THINGS SHOULD YOU DO AFTER FIR HAS REGISTERED?

We must sign the report only after verifying that the information recorded
by the police is according to the details provided by us;

People who cannot read or write should put their left thumbprint on the
document after making sure it is a correct record. We need to always
request a copy of the FIR, if the police do not give it to you as it is our
right to obtain it at no cost.

UNDER WHAT CIRCUMSTANCES CAN THE POLICE NOT INVESTIGATE

A COMPLAINT, EVEN IF IT SUBMITS AN F.I.R.?

Sometimes, the police will not investigate a complaint, even if you have
already filed an FIR;

The case is not serious in nature;

The police feel that there is not enough ground to investigate;

75
 CRIMINAL PROCEDURE CODE -II

However, the police must record the reasons why an investigation is not
carried out and, in the latter case, must also report it.

OBJECTIVE OF THE FIR

The principle object of the F.I.R. from the point of view of the informant is
to set the criminal law in motion and from the point of view of the
investigating authorities is to obtain information about the alleged
criminal activity so as to be able to take suitable steps to trace and bring
to book the guilty. The purpose of recording the F.I.R. is to put into writing
the statement of the informant before his memory fails or before he gets
time and opportunity to embellish it. But the F.I.R. is not a condition
precedent to the setting in motion of a criminal investigation.[8]

If information is received and recorded in accordance with Section 154,

such F.I.R. becomes the basis of the case set up by the informant, even
though it may not be admissible as substantive evidence, and it assumes
importance if promptly made. At the same time, the F.I.R. cannot be said
to be the last word of the prosecution because it need not be made by an
eye-witness nor is required to give full details.

It merely marks the beginning of the investigation and its value must
accordingly depend on the circumstances of each case, including the
nature of the crime, the position of the informant and opportunity he had
of witnessing the whole or part of the offence.

It need not necessarily be given by a person who has first-hand

knowledge of the incident; hence, it cannot be rejected as F.I.R. merely
because it is based on hearsay. The F.I.R. cannot serve as a conclusive test
for determining the question whether there should be one or several trials
of the several offences disclosed in the F.I.R. The matter has to be
determined on the basis of the result of the investigation in the light of the
provisions of the Code.[9]

It is not the encyclopedia of the whole incident. Only essential or broad-

spectrum need be set out in the F.I.R. and all the minute details are not
required to be stated therein. It may not be necessary to catalogue the
acts therein and non-mentioning of some facts or vague reference to
some others are not fatal. F.I.R. is a vital material as it is first information
about the incident and has less chances of altering the version and
improvement. It is not substantive evidence and cannot contradict the
testimony of the eye-witnesses but may contradict its maker.[10]

EVIDENTIARY VALUE OF FIRST INFORMATION REPORT(FIR)

The evidentiary value of FIR is more important than any other statements
during the process of cognizance of any offense or at the time of initiating

76
 CRIMINAL PROCEDURE CODE -II

the investigation about information recorded as per Section 154 or 155 of

CrPC. But at the same time the established principle of law that FIR cannot
be assumed as a substantive piece of evidence and can only be
considered as an important piece of evidence. The reason for which the
FIR is regarded as an important piece of evidence is- because of its nature
that it is the first information of the cognizance of any offence, and it can
be of very important nature as it will help in the initiation of investigation
about the offences.[11]

The evidentiary value of FIR was discussed in detail in Dharma Rama

Bhagare v. The State of Maharashtra.[12] The observations of the
court can be summarised as follow:

1. FIR cannot be admissible as evidence before a court of law in a trial

2. It can be used only to discredit the maker of the FIR by contradicting

him

3. It can be used for corroborating any statement made by the maker

of the FIR in a court during the trial.

FIR can also be given by the accused himself. An FIR given by the accused
can be either the nature of a confessional statement and non-confessional
statement. For instance, (i) ‘A’ is accused of the murder of ‘B’. he goes to
the police and informs that he murder ‘B’ by stabbing him and throwing
his body into the river. (ii) ‘A’ murder ‘B’ and apprehends that he will be
caught. To keep himself out of suspicion, A inform the police that he saw
an unknown person killing ‘B’.

The first instance is where the FIR given by accused ‘A’ is confessional in
nature and the second one is non-confessional. If a statement is
confessional in nature, it cannit be used in the court as evidence under
section 25 of the Indian Evidence Act, 1872. The landmark case for
considering the evidentiary Value of FIR given by an accused in the case
of Aghnoo Nagesia v the state of Bihar[13]. The court in this case
held that:

1. FIR given by accused is categorically inadmissible as evidence.

2. If the FIR given by the accused is non-confessional in nature, it can

still be admitted by the maker of the FIR in the court. However,
unless specifically admitted, the FIR of the accused cannot be used
against him.

3. If it is confessional in nature and will expose the accused to criminal

charges, it will become inadmissible except as provided under
section 27 of the Evidence Act. The section 27 allows the
confessional statement if the accused to be used for further
77
 CRIMINAL PROCEDURE CODE -II

investigation for discovery if new and relevant facts and if any fact
is discovered, it can be used in court.

4. If an FIR is partly confessional and partly non-confessional. It is

entirely inadmissible in court. However, if the non-confessional part
is absolutely exclusive of the confessional part, it can be a relevant
fact under section 18 of the Evidence Act and if admitted by the
marker under section 21, can be admissible as evidence.

In certain circumstances, the FIR itself becomes a substantive piece of

evidence. Under Section 32 of the Evidence Act, if the person making the
FIR is dead or cannot be found or if his attendance cannot be procured
without unnecessary delay in the trial, the FIR becomes a substantial
piece of evidence. If the FIR mentions the details of the accused, it can be
used to convict him though it cannot be the sole reason to convict him.
Moreover, if the FIR is a part of a transaction which is admissible in court,
the FIR becomes admissible. This is the Evidentiary Value of FIR

3. Explain the problems and principles of parole ?

Meaning of Parole: What is Parole in India?

Parole in India is basically defined as the release of the prisoner either

temporarily or for a special purpose, before the completion of his sentence
on the promise of good behavior and such promise should be honored
which is provided within the Parole order. So basically, under parole in
India, the released prisoner remains in the custody under the supervision
of the paroling authority. Parole laws in India are administered by rules
made under the Prison Act 1894, and Prison Act 1900. So, in India, each
state has its parole rules with some minor alterations from each other.

Origin of Parole Law

The main credit for the development of Parole in modern times goes to
Scottish geographer Alexander Maconochie, basically, he developed a
plan which involves three, grades that might help the prisoners to return
to society. The first two consisted of the promotions earned through good
behavior, and study. The third grade was the foremost important because
it involved conditional liberty outside the prison obeying the rules. If the
prisoner violates any rules, then they would start all over the ranks.

Objectives of Parole Laws in India

The Parole Laws are basically progressive measures for the betterment of
the prisoners, the main objective was to release prisoners on the leave as
78
 CRIMINAL PROCEDURE CODE -II

per Rule 1(A) and 19 of the Prisons (Furlough and Parole) Rules,1959 are
as follows:

1. The main purpose of Parole was that Prisoner can maintain

continuity together with his family, friends, and community.

2. To save the prisoner from the harmful effects of continuous prison

life.

3. Parole enables a prisoner to develop a feeling of self-

confidence there is a life beyond prison.

4. Parole helps a prisoner to develop a sense of hope and active

interest in his life. 5. It aims to rehabilitate the prisoner.

Kinds of Parole in India

Custody Parole- It is granted in emergency situations and

circumstances such as:

1. Death of a family member

2. Marriage of the family member

3. Serious illness of a family member.

4. Any other situations in which the presence of a family member is

compulsory.

So, in Custody Parole, the Prisoner is surrounded by the Police for the
specified time period. At the completion of the period, the prisoner will be
brought back to jail.

Regular Parole— In Regular Parole, the prisoner is released based on

certain terms and conditions. So, the Parolee (Prisoner) must follow the
rules mentioned in the Parole. So, in regular Parole, there are no police
with the prisoner like in custody parole, therefore, it is considered
discretionary parole.

Certain Grounds for Regular Parole in India

1. Marriage of the family member of a convict.

2. Accident or Death of a family member of the convict.

3. Delivery of the child by the wife of the convict if there is no family

member of the convict to take care of the spouse at home.

4. Serious damage to the life or property of the family of the convict

including the damage caused by the natural calamities.

79
 CRIMINAL PROCEDURE CODE -II

In the case of Regular Parole in India, the parolee must follow

certain norms like:

1. Parolee cannot marry (if not married before the offense he has
committed)

2. The parolee cannot go to bars or pubs for enjoyment.

3. A parolee must refrain from drugs and intoxication.

Regular Parole under CrPC is granted only when the behavior of the
prisoner is satisfactory, and the Superintendent of the Jail plays a major
role in granting Regular Parole .

However, there are some convicts that are not eligible for release on
parole in India:

1. Prisoners who have been involved in criminal activity against the

state or the prisoners currently involved in the criminal activity
against the state.

2. Prisoners who are a threat to the national security of India.

3. Prisoners who are not citizens of India.

4. Prisoners who are convicted of multiple murder or the murder &

rape of a child is exempted from getting released on parole.

However, in some special cases, these convicts can get parole parole
under CrPC at the discretion of the granting authority.

Advantages of Parole System

1. Reduces Overcrowding of Jail Population: By the medium of the

Parole System, it gives jail authorities an easier to supervise fewer
people than the large population in jails.

2. Reduces Taxpayer expenses: The cost of parole supervision is far

easier and less expensive than the cost of getting bail from jail.

3. Rewards people willing to work for Parole: Parole is not only

granted to every prisoner; it is only granted to those prisoners which
show good behavior and those who do not show good behavior will
not get parole.

Disadvantages of Parole System

1. Allows Criminal to start committing crimes again: The biggest

disadvantage of the Parole System is that most of the criminals who
get parole indulged in criminal activity mostly.

80
 CRIMINAL PROCEDURE CODE -II

2. Difficulty in Supervision: Since Parole officers already have a

large number of offenders it is difficult to supervise every offender
because there are limited Parole Officers to oversee every offender.

3. Difficult to find work during Parole: There is a number of

various issues which people face on parole: from unemployment to
loneliness, convicts will start committing crimes as just being in jail
is more comfortable than finding jobs.

Case Laws dealing with Parole Law

1. Election Commission of India V/S MukhtarAnsari & Another

{Civil Appeal No. 10464}

The accused has over 40 criminal cases including that murder and
kidnapping. The main facts of the case were that on February 16,
Additional Sessions Judge Parole was granted to the accused, who has
been serving as MLA from the Mau Constituency for the last four terms.
After the order passed by the Additional Sessions Judge, Election
Commission approached High Court under Article 324 of the Constitution,
in which an order of the court would obstruct the Election Commission in
conducting free and fair elections & and the Election Commission would
be within its jurisdiction.

The Supreme court held that it’s a right of the candidate to contest
elections, but it doesn’t translate into the right to canvass his candidature,
and thus, the accused may influence the witnesses in the murder case of
the BJP MLA Krishnanand Rai during which he’s facing trial. As a result, the
courts have the authority to prevent abuse of parole power under Section
482 of the Criminal Procedure Code (Parole under CrPC), and they
overturn the order granting parole to accuse.

2. Ashfaq V/S State of Rajasthan And Or’s (AIR 2017 SC 4986)

This case pertains to the serial bombing that took place on five trains
across various stations during the Babri Masjid demolition in 1993 and the
accused was booked under various provisions of the Terrorist and
Prevention Act,1987. In this case, the appellant was found supplying
weapons to the accused(terrorists).

The facts of the case were that the appellant first submitted his
application for Parole to the District Parole Advisory Committee which was
rejected because it has no jurisdiction and the fresh appeal was filled in
the Rajasthan High Court but it was rejected on the ground of the heinous
crime committed by the appellant, and the High court could not oppose
the preference of the supreme court.

81
 CRIMINAL PROCEDURE CODE -II

The petitioners argued that where other petitioners booked under the
Terrorist & Prevention Activities Act,1987 were granted parole. Supreme
Court was dissatisfied by the decision of the High court in which granting
parole was the authority of the High Court, not the Supreme Court and in
this case the appellant has nearly served 10 years of his sentence and the
parole under CrPC was rejected on the adverse report of the concerned
authority that accused could instill unsocial elements and can have an
adverse effect on the younger generation.

3. Vasram Gagji vs State of Gujarat & OR’s

The petitioner under Article 226 of the constitution challenged the order
passed by the District Magistrate Rajkot whereby he rejected the parole
leave application. The facts of the case were that the petitioner applied for
parole on the medical grounds that he has a hernia and needs 60 days of
medical leave. The court ruled that the district magistrate’s order was
incorrect and that the petitioner was entitled to the parole.

Criticism

Since there is no legal provision for granting parole in India as it is difficult

for the common man as every state has its own set of rules regarding
parole. Generally, parole in India is granted to an influential person i.e. if
you are a celebrity it is easier to grant parole than a prisoner, so legal
biases in society can be there as parole is misused on a number of
occasions by influential people.

Conclusion

The provisions regarding parole are not well known it is quite

cumbersome. Awareness was possible only after the media shows grants
of parole in high-profile cases. So, the prisoners should be given equal
opportunity for getting parole without any biasness, so the medium of
parole, it allows them to reinstate into the environment and given a fair
chance to rehabilitate into society.

4. Examine the procedure under the juvenile justice Act?

1. Cognizable
2. Arrest

82
 CRIMINAL PROCEDURE CODE -II

An arrest under the Criminal Procedure Code (CrPC) of 1973 is the act of
taking a person into custody or control due to suspicion of a criminal
offense:

 Definition

An arrest is the act of taking a person into custody or control, or legally

protecting them. It can also be defined as the act of depriving a person of
their liberty, or seizing or forcibly restraining them.

 Elements

An arrest has four main elements:

 Arrest authority

 Intent to arrest

 Detention or seizure of the person

 Understanding by the person arrested

 CrPC sections

Chapter V of the CrPC, sections 41–60, deals with the arrest of

persons. Some other sections related to arrest include:

 Section 50A: The person making the arrest must inform a

nominated person about the arrest.

 Section 53A: A medical practitioner must examine a person

accused of rape.

 Section 56: The arrested person must be taken before a

Magistrate or officer in charge of the police station.

 Section 57: An arrested person cannot be detained for more

than 24 hours.

 Section 46: The police officer or other person making the

arrest must touch or confine the body of the person being
arrested, unless the person submits to custody by word or
action.

P. 105, arrest means the taking, seizing, or detaining of the person of

another, either by touching, or putting hands on him, or by any act which
indicates an intention to take him into custody, and subjects the person
arrested to the actual control and will of the person making the arrest.

3. warrant

83
 CRIMINAL PROCEDURE CODE -II

4. legal aid
5. search

A search under the Code of Criminal Procedure (CrPC) is the act of

examining a person, place, or premises to find and collect evidence of a
crime. The purpose of a search is to gather evidence that can be used in
the investigation or prosecution of a criminal offense.

In the investigation process, “search” means looking into an individual or

their property to find evidence, while “seizure” means taking possession
of that property once the search is done. Search can limit a person's use
of their property, but it's necessary for legal reasons.

6. FIR
7. Bail
8. Trail

The word 'Trial' is not defined under the Code of Criminal Procedure, 1973
(CrPC). However, it is commonly understood that the stage of trial begins
after the framing of charge and ends with conviction or acquittal of the
accused. It is the judicial adjudication of a person's guilt or innocence.

A trial in the Criminal Procedure Code (CrPC) is the process of recreating a

past event in court, and determining the guilt or innocence of the
accused:

 Purpose

A trial is a crucial part of the criminal justice system, where the court
attempts to determine what actually happened in a case.

 Process

The trial begins after the charges are framed and ends with the accused
being acquitted or convicted. The prosecution and defense present
evidence to a judge or jury to support their case.

 Parties involved

The two parties involved in a criminal trial are the prosecutor, who
represents the government, and the defense attorney, who represents the
accused.

 Evidence

Evidence presented in a trial can include witness testimony, documents,

and photographs.
84
 CRIMINAL PROCEDURE CODE -II

The CrPC does not specifically define the term "trial". However, Sections
190 and 204 of the CrPC outline the requirements that must be met
before a magistrate can start proceedings and determine if a case can go
to trial.

9. Bond

Before any person is released on bail or released on his own bond, a bond
for such sum of money as the police officer or Court, as the case may be,
thinks sufficient shall be executed by such person, and, when he is
released on bail, by one or more sufficient sureties conditioned that such
person shall attend at the ...

A bond is a written document in the Code of Criminal Procedure (CrPC)

that ensures a defendant appears in court:

 Definition

A bond is a written document signed by the defendant or their surety to

appear in court.

 Purpose

A bond is a crucial aspect of bail that assures the state that the defendant
will appear in court.

 Amount

The court sets the amount of the bond based on the seriousness of the
offense.

 Consequences

If the defendant doesn't appear in court, the bond is forfeited.

 Surety

The surety is a friend or family member of the defendant who signs the
bond.

 Conditions

The bond may include conditions to prevent the defendant from repeating
the offense.

 Alternative

85
 CRIMINAL PROCEDURE CODE -II

Instead of executing a bond, a defendant may be allowed to deposit

money or government promissory notes

QUESTION PAPER – 2016

Define the term “charge “, state the objects and particulars

incorporated in the charge . Can court alter the charge ? if so
How?

What is a Charge under CrPC?

The term ‘Charge’ is defined in Section 2(b) of the Code of Criminal

Procedure (CrPC), 1973, as “any head of charge when the charge contains
more heads than one.” This section provides definitions for both ‘charge’
and ‘charges.’

A charge represents a formal accusation made by the court against an

individual accused of committing an offence. In essence, a charge is a
legal term used to describe an allegation. Similarly, when an allegation
against an individual encompasses multiple elements, it is referred to as
‘charges.’

To illustrate this with an example: Suppose an individual, A, is accused by

B in a hit-and-run case, resulting in the filing of a First Information
Report (FIR). Subsequently, the police will present a report to the court,
detailing the offence A is alleged to have committed, along with the
progress of the investigation.

After careful consideration, the court will frame charges against A. In the
given scenario, the court might frame charges of Rash Driving (as per
Section 279 of the Indian Penal Code, 1860) and Culpable Homicide not
amounting to Murder (as per Section 299 of the IPC) to initiate the trial.
However, if A had been accused solely of Rash Driving, the court would
have framed a single charge against him.

Chapter XVII of the CrPC deals with ‘Charges.’ Section 228 of the CrPC
deals with framing of charges.

Meaning of Framing of Charges

86
 CRIMINAL PROCEDURE CODE -II

Framing of charges in a criminal case is the formal accusation of an

individual committing a specific offence or crime. During this process, the
court reviews the evidence and the allegations presented by the
prosecution and if it finds sufficient grounds to believe that the accused
has committed the offence, it formulates and formally presents the
charges against the accused.

The framing of charges under CrPC is a crucial step in criminal

proceedings because it serves several important purposes:

 Informing the Accused: It informs the accused of the specific

offence they are being charged with, along with the details of the
allegations against them. This ensures that the accused is aware of
the nature of the accusation.

 Establishing Legal Foundation: It establishes the legal

foundation for the trial to proceed. Once charges are framed, the
trial can move forward and the accused can prepare their defence.

 Transparency: It promotes transparency in the legal process by

clearly defining the scope of the case and the charges brought
against the accused.

 Protection of Rights: It safeguards the rights of the accused by

ensuring that they are aware of the charges and can exercise their
right to defend themselves in court.

 Setting the Stage for Trial: It marks the beginning of the trial
phase, where evidence is presented, witnesses are called and legal
arguments are made.

Contents of Charge

Purpose of a Fair Trial: The primary requirement under the CrPC for a
fair and just trial is to ensure that the accused is precisely and accurately
informed of the offence with which they are charged. This notification is
crucial as it provides the accused with a fair opportunity to prepare their
defence.

Sections 211 and 212 of the CrPC: These sections prescribe the forms
and contents of the charge in criminal cases. They establish the
framework for drafting charges in a manner that clearly describes the
offence to the accused.

When Additional Particulars Are Required: In cases where the nature

of the offence is such that it cannot be adequately described by the
particulars specified in Sections 211 and 212, additional information about
the manner in which the offence was committed by the accused must be

87
 CRIMINAL PROCEDURE CODE -II

included in the charge. This ensures that the accused receives sufficient
notice of the offence with which they are charged.

Key Elements in Section 211 of the CrPC: This section specifies that
every charge should include:

 The offence the accused is charged with.

 If the offence has a specific name under the law, it should be

described by that name.

 The definition of the offence under the relevant law if it doesn’t have
a specific name.

 The law and the section of the law under which the offence is
alleged to have been committed.

Illustration of Section 211: An illustration is provided to clarify how

Section 211 works. For example, if an individual, A, is charged with the
murder of B, it signifies that the act of A falls within the definition of
murder as mentioned in Sections 299 and 300 of the Indian Penal Code. It
also means that the act of A doesn’t fall within any of the General
Exceptions outlined in the Indian Penal Code. Additionally, it specifies that
A’s act doesn’t fall into any of the five exceptions to Section 300, or if it
does, it identifies which specific exception(s) apply.

Equivalent Statement: When a charge is framed against an accused, it

is considered equivalent to stating that the accused, while committing the
offence, has fulfilled all the legal conditions required to constitute that
offence in the particular case. This means that all elements of the offence
must be satisfied for the charge to be valid.

Language of the Court: Charges must be written in the language of the

court to ensure clarity and understanding.

Framing of Charges

The process of framing charges involves the court’s determination that

the accused individual is likely to have committed a specific offence. This
determination is made after a careful examination of the police report,
along with other pertinent documents and after hearing arguments from
both parties. Framing of charges serves as the initial step in commencing
a trial against the accused.

It is essential to note that although framing charges under CrPC is a vital

step that informs the accused of the allegations against them, it is not
mandatory in all legal proceedings.

Framing of Charges under Section 228 of the CrPC

88
 CRIMINAL PROCEDURE CODE -II

Section 228(1) in The Code Of Criminal Procedure, 1973

(1) If, after such consideration and hearing as aforesaid, the Judge is of
the opinion that there is ground for presuming that the accused has
committed an offence which-

(a) is not exclusively triable by the Court of Session, he may, frame a

charge against the accused and, by order, transfer the case for trial to the
Chief Judicial Magistrate and thereupon the Chief Judicial Magistrate shall
try the offence in accordance with the procedure for the trial of warrant-
cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge

against the accused.

Principles Related to Framing of Charge under CrPC

The framing of charges in criminal cases is guided by several fundamental

principles to ensure a fair and just legal process. Some key principles
related to the framing of charges include:

 Presumption of Innocence: The accused is presumed innocent

until proven guilty beyond a reasonable doubt. Charges are framed
based on a prima facie case but do not imply guilt.

 Due Process: The accused has the right to be informed of the

charges against them and to have a fair opportunity to prepare their
defence.

 Specificity: Charges must be clear, specific and accurately describe

the alleged offence to ensure the accused understands the nature of
the accusation.

 Evidence-Based: Charges are framed based on evidence and

allegations presented by the prosecution. The court assesses
whether there are reasonable grounds to proceed.

 Fair Notice: The accused must receive sufficient notice of the

offence to prepare a defence, preventing surprise or ambiguity in
the trial.

 Legal Definitions: Charges should use legal definitions and

terminology consistent with the law under which the offence is
punishable.

 Transparency: The framing of charges promotes transparency in

legal proceedings, defining the scope and nature of the case.

89
 CRIMINAL PROCEDURE CODE -II

 Protection of Rights: It safeguards the rights of the accused,

including the right to remain silent and the right to legal
representation.

 Speedy Trial: Delays in framing charges can affect the principle of

a speedy trial, so charges should be framed promptly.

 Legal Standards: Charges should meet the legal standards for

each specific offence, ensuring accuracy and fairness.

Types of Trials for Framing of Charges in CrPC

The Code of Criminal Procedure outlines different types of trials, including:

Summary Trial: Summary trials are conducted for offences that carry a
maximum punishment of up to two years of imprisonment or for offences
related to theft, receiving stolen property, or assisting in retaining stolen
property when the value involved is less than Rs. 2,000. In summary trials,
there is no requirement for the formal framing of charges.

Summons Case: Summons cases involve offences for which the

maximum imprisonment term does not exceed two years. According to
Section 251, when the accused person is brought before the court or
voluntarily appears, they are informed about the specific offence they are
alleged to have committed. In such cases, the court asks the accused
whether they plead guilty or need to present a defence. The formal
framing of charges is not necessary in summons cases.

Warrant Case (Sections 238-250): In warrant cases, the formal

framing of charges in writing is required.

Trial before Sessions Court (Sections 225-227): Trials before the

Sessions Court also necessitate the formal framing of charges in writing.

Trial Before the Court of Session (Chapter XVIII)

The process of framing charges under CrPC in the context of trials before a
Court of Session is governed by Chapter XVIII of the CrPC. Section 228 of
the CrPC outlines the specific procedures for framing charges in cases
exclusively triable by the Court of Sessions and listed in the First Schedule
of the CrPC.

Here’s an explanation of the key provisions related to the framing of

charges in trials before a Court of Session:

Exclusive Trial by Court of Sessions: Section 228(1) stipulates that

when the Court of Session considers the police report, examines other
relevant documents and hears both parties and it finds reasonable

90
 CRIMINAL PROCEDURE CODE -II

grounds to presume the accused’s involvement in the commission of the

offence, the following steps are taken:

a. Non-Exclusive Cases: If the case is not exclusively triable by the

Court of Session, the court may frame a charge against the accused.
Subsequently, it can transfer the case to the Chief Judicial Magistrate or
any other Judicial Magistrate of First Class. The accused is then directed to
appear before that court on a specified date. The Magistrate will then
proceed to try the offence based on the charge framed by the Court of
Session, following the procedure for trial under Warrant-Cases.

b. Exclusive Cases: If the case falls exclusively within the jurisdiction of

the Court of Sessions, the court shall frame a charge against the accused.

Explanation of Charges: In cases where charges are framed by the

Court of Session, the charges must be clearly explained to the accused
and the accused is asked whether they plead guilty to the offence.

Necessity of Formal Charges: It is imperative that formal charges are

framed when there is a presumption of the accused’s involvement in the
offence, indicating a prima facie case. This is particularly crucial when the
offence is exclusively triable by the Court of Session. Failure to adhere to
this procedure may result in higher courts overturning the trial.

In essence, the process of framing of charges in trials before a Court of

Session is a critical step to ensure that the accused is informed of the
allegations against them and to maintain a fair and just legal process. The
Court of Session must exercise its judgment to frame charges
appropriately, as per the established procedure, to avoid legal
complications in subsequent proceedings.

Trial of Warrant Cases By Magistrate (Chapter XIX)

In the context of trials of warrant cases by a Magistrate, which are

covered under Chapter XIX of the Code of Criminal Procedure, Section 240
of the CrPC outlines the procedure for framing charges. Warrant cases
typically involve offences that are punishable with imprisonment for a
term exceeding two years.

Here’s an explanation of the key provisions related to the framing of

charges by a Magistrate in warrant cases:

Magistrate’s Satisfaction: According to Section 240(1) of the CrPC, if

the Magistrate is satisfied that the matter before them is triable and there
are reasonable grounds to presume that the accused has committed the
offence, the Magistrate shall proceed to frame charges in writing.

91
 CRIMINAL PROCEDURE CODE -II

Framing of Charges: The Magistrate formally frames charges in writing.

This is a crucial step in the legal process and involves specifying the
allegations against the accused.

Explanation of Charges: Subsequently, the charges are explained to the

accused in a clear and understandable manner. The accused is then asked
whether they plead guilty to the charges. This process ensures that the
accused fully understands the nature of the allegations against them.

It’s important to note that in warrant cases, it is the legal duty of the court
to frame formal charges. This step is essential for maintaining
transparency and fairness in the legal proceedings, allowing the accused
to respond to the charges and exercise their legal rights appropriately. The
formal framing of charges helps establish a clear foundation for the trial
and ensures that the accused is fully informed about the case against
them.

Judicial Analysis of Sections 238 & 240

These judicial observations provide valuable insights into the procedure

and essentials of framing charges under CrPC in various legal contexts:

Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj

Bijjaya: The Supreme Court emphasised that during the stage of framing
charges, the courts should consider that the allegations made against the
accused are prima facie believable. The framing of charges relies on the
“subjective satisfaction” of the courts. This implies that the court must
assess whether there is a reasonable basis to presume the accused’s
involvement in the offence.

State of Tripura v. Bhupen Dutta Bhowmik: The court underscored

that at the stage of framing charges, the courts are obligated to examine
the broad possibilities of the case. They must take into account
preliminary evidence and ensure that the charges are justified based on
the allegations made.

Bal Krishna Pandey v. State of Uttar Pradesh: In a case where the

trial court took an extended period to frame charges, the Supreme Court
stressed the importance of the “principle of speedy trial.” Delays in
framing charges can affect the overall trial process and can be
detrimental to the accused who may remain in custody during this time.

Mauvin Godinho v. State of Goa: The Supreme Court outlined the

standard for framing charges under Section 228 Cr.P.C. It emphasised that
a prima facie case against the accused is established when the evidence,
taken as a whole, is sufficient to induce the court to believe in the
existence of essential elements of the charge or to consider their

92
 CRIMINAL PROCEDURE CODE -II

existence highly probable. However, the court should refrain from

conducting a detailed examination of evidence at this stage, as if it were a
trial.

Minakshi Bala v. Sudhir Kumar & Ors: This case clarified that once a
charge has been framed under Section 240, High Courts do not possess
inherent powers to quash charges based solely on the police report or
other documents. Such an action should be rare and limited to situations
involving forensic exigencies or formidable compulsions.

What is the Time Limit for Charge Sheet?

The charge sheet is to be filed within 60 days from the date of arrest of
the accused in cases triable by lower courts and 90 days in cases triable
by Court of Sessions.

Conclusion

Framing of charges is a critical step in the criminal justice system. It

involves the formal process by which a court formally accuses an
individual (the accused) of committing a specific offence based on
evidence and allegations presented by the prosecution. Framing of
charges in CrPC serves to inform the accused of the charges against them,
establish the legal foundation for a trial, ensure transparency in the legal
process, protect the accused’s rights and set the stage for the trial itself.

Content of Charge (Section 211 Crpc)

The offence to be stated:-
1. It must state the offence with which the accused is charged.
2. If the law creates the specific name of the offence, the offence must
described in the charge by the name.
3. If does not give any specific name, the definition of the offence must be
state.
4. The law and section of the law against which the offence is said to have
been committed must be mentioned in charge.
5. The charge must be written in the language of the court.

Consequence of defect in framing of charge. (section 215 and 464

Crpc)
No error or no omission in stating the offence or particular required stated
in charge as material at any stage of the case unless the accused was in
fact misled by such error or omission and if this has caused a failure of
justice (section 215 Crpc). Further section - 464 of Criminal Procedure
Code lays down that no finding, sentence or order of a competent court is
to be deemed to be involved, merely on the ground that no charge framed
or on the ground of any error, omission or irregularity in the charge unless

93
 CRIMINAL PROCEDURE CODE -II

in the opinion of the court of appeal, confirmation or revision a failure of

justice has in fact been occasioned thereby.

when the court alter or amend a charge (section- 216 Crpc)

The court may alter or add to any charge at any time before the judgment
is pronounced in the matter. Every charge read and explained to the
accused. If in the addition or alteration to a charge is that in the opinion of
the court, proceeding immediately with the trail is not likely to be
prejudice the accused in the defence or prosecutor in the conduct of case,
the court may in discretion proceed with the trial as if the altered or added
charge had been the original charge.

If on the other hand such alteration or addition is likely to prejudice the

accused or the prosecutor, the court may adjourn the trial or it may direct
a fresh trial.

if the charge is altered or added in offence where the previous sanction is

necessary the court can not proceed with until such sanction already
obtained for a prosecution on the same facts as those on which the
altered or added charge is framed.

Discuss the constitutional safeguards provided to and accused

person?

Rights Of An Accused

Chapter I: Constitutional Rights

The Constitution of India itself provides certain basic fundamental rights to

every citizen of the country. An accused person also is supposed to enjoy
those rights.

 Right to equality before law and equal protection of law (Article 14)
[12] is one of such rights that are provided to the citizens by the
Constitution of India. Every person in the country should be treated
equally despite being an accused criminal.

 Protection against retrospective provisions of an Act

{Article 20(1)}:
No person shall be convicted of any offence except for violation of a
law in force at the time of the commission of the act charged as an

94
 CRIMINAL PROCEDURE CODE -II

offence, nor be subjected to a penalty greater than that which might

have been inflicted under the law in force at the time of commission
of the offence. [13] The crime of a person can only be judged by the
law that is in force. This means a person cannot be punished for an
act which was not a crime when it was committed but which
became one after it was committed.

 Right to protection against double jeopardy {Article 20(2)}:

No person shall be prosecuted and punished for the same offence
for more than once. This is a restriction on enforcement of criminal
law. By undergoing trial, the accused has cleared his debt to society
and he cannot be prosecuted twice even though he is in fact guilty.

 Right to protection against self-incrimination {Article

20(3)}:
No person accused of any offence shall be compelled to be a
witness against himself. In Selvi v. State of Karnataka[14] the
Supreme Court has held that the protection against self-
incrimination is a broad protection that extends to stage of
investigation. Therefore, the right of self-incrimination protects
persons who have been formally accused as well as those who are
examined as suspects in criminal case. It also extends to cover
witnesses who apprehend that their answers could expose them to
criminal charges in the ongoing investigation or even in cases other
than the one being investigated[15].

 Right to be released on bail:

Bail is the rule and jail exception. The Supreme court has aptly said
that the primary purpose of bail in a criminal case are to relieve the
accused of imprisonment, to relieve the state of the burden of
keeping him, pending the trial, at the same time, to keep the
accused constructively in the custody of court, weather before or
after the conviction, to assure that he will submit to the jurisdiction
of the court and be in attendance thereon whenever his presence is
required[16]. Also, undertrial prisoners have a right to legal aid for
the purpose of applying for bail[17].

 Right to know the reason of arrest. {Article 22(1)}:

No person who is arrested shall be detained in custody without
being informed, as soon as may be, of the grounds for such
arrest nor shall he be denied the right to consult and to be defended

95
 CRIMINAL PROCEDURE CODE -II

by, a legal practitioner of his choice[18]. A person who is said to

have been involved in a crime has a right to know the reason of his
arrest.

 Right to engage an advocate {Article 22(1):

Accused or arrested person has the right to consult and to be
defended by a legal practitioner of his choice. This is a fundamental
right[19].

 Right to free legal aid {Article 39-A:

In M.H. Hoskot v State of Maharashtra[20] the Supreme court
stated that if a prisoner is disabled from engaging a lawyer on
reasonable grounds such as indigence, on in communicate situation,
a court shall, if the circumstances of the case, the gravity of the
sentence and the ends of justice so require, assign a competent
council for the person’s defence, provided the party does not object
to that lawyer.

 Right to be presented before the Magistrate {Article 22(2)}:

Every person who is arrested and detained in custody shall be
produced before the nearest Magistrate within a period of twenty
four hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the Magistrate and
no such person shall be detained in custody beyond the said period
without the authority of the Magistrate. This is a fundamental right
which puts restrictions to police power. Arrest and detention should
be according to the law and as prescribed by the law. Section 56 and
57 of the CrPC also make such provisions. Therefore, this right is not
only constitutional but also a statutory right.

 Right to appeal {Article 132, 134 and 136}:

Right to appeal is a constitutional right and a statutory right[21].

 Right to be free from torture and maltreatment {Article 21}:

In Sunil Batra (2) v. Delhi Admn[22], the Supreme court held that
Article 21 prohibited mental torture, physical pressure and physical
infliction and torture beyond the limits of lawful imprisonment.

Chapter II: Rights under Evidence Act

The evidence act, 1872 says that an accused person has:

96
 CRIMINAL PROCEDURE CODE -II

 Right to be presumed innocent (Section102 and Section 105)[23]- A

person is presumed to be innocent unless and until is proven guilty.
This is known as Presumption of Innocence. However, there are
exceptions to presumption of innocence, such as in cases where
mens rea is not required to be proved and in cases like drug abuse,
dowry, and offences regarding terrorist activities.

 Also, the accused has the right to present a witness or cross

examination of a witness to encourage a decision in favour of him.
Section 103, Section 133, Section 166 of the Evidence Act are the
provisions for this right.

 Right to confession of guilt (Section 24, 25, 26, 28)- An accused can
confess his guilt in front of the honourable justice in a courtroom
trial. The truthful and country confession of an accused is an
effective evidence in the court. Sections like 163(1), 163(2), 164(1),
164(2), 164(4), 281 and 463 of the CrPC talks about the same.

 Right to privacy of conversation (Section 122, 124,126, 129)-

Communications between husband and wife is private and they
cannot be compelled to disclose it. There are exceptions to this
though and the sections elaborates on those.

Section 122 … unless the person who made it, or his representative in
interest, consents, except in suits between married persons, or
proceedings in which one married person is prosecuted for any crime
committed against the other.[24]

Section 124 elaborates on official communications. Section 126 and 129

talks about attorney-client relationship.

Exception of Section 129 …unless he offers himself as a witness, in which

case he may be compelled to disclose any such communications as may
appear to the Court necessary to be known in order to explain any
evidence which he has given, but no others.[25]

Chapter III: Rights under Code of Criminal Procedure

97
 CRIMINAL PROCEDURE CODE -II

The Code of Criminal Procedure has many provisions expanding

about the rights of accused. They are as follows:

 The case or the trial which is to be conducted has to be done with

the presence of the accused. Section 273 and Section 279 of CrPC
grants this right to an accused person in India.

 An accused, in India, has the right to defence oneself (Section 240,

243 and 247):
He can plead not guilty in the court. The accused is being asked
whether he pleads guilty or not.

Section 240 Framing of charge. (1) If, upon such consideration

examination, if any, and hearing, the Magistrate is of opinion that
there is ground for presuming that the accused has committed an
offence triable under this Chapter , which such Magistrate is
competent to try and which, in his opinion could be adequately
punished by him, he shall frame in writing a charge against the
accused.[26]

 Right that his case be conducted in an open court (Section 327):

An accused has this right to have his trial go on in open court where
public or journalists etc. are allowed. However, the court has power
to restrict admission of people according to space available in court.
Trials can be conducted on camera as well[27].

 Right to remain silent (Section 161, Article 20(3) of the

Constitution):
Privacy of a citizen is keenly protected by law. No one is bound to
answer questions asked by police, even if he is an accused[28].

 Right relating to statements (Section 161, 162, 164, 273, 200, 202
and 208):
This right emanates from sections 161 and 162 of CrPC. Written
statements before police are not to be signed by the giver and it
shall not be used for any purpose other than the one showed in
Section 162(1).

 Right to be own witness (Section 313, 315 and 316):

To be a witness against oneself is not confined to the particular
offences about which the accused has reasonable apprehension of

98
 CRIMINAL PROCEDURE CODE -II

implication from his answer. A criminal charge covers any criminal

charges then under investigation or trial or which imminently
threatens the accused[29].

 Right to protection against double jeopardy (Section 300):

No person shall be punished more than once for a same offence. But
initial burden is upon the accused to take necessary plea of
autrefois convict and establish the same[30].

 Right that sanction be obtained before prosecution for certain

offences (Section 196 and 197):No cognizance can be taken by any
court of the following offences without the previous sanction of the
Central or State Government:

1. Offences under Chapter 6 IPC.

2. Offences under Sections 153-A, 295-A, 505(1) and criminal

conspiracy for such offences and abetment in India under
Section 108 IPC in regard to an offence committed outside
India (Section 1969(1) CrPC).

3. Section 153-B, Sections 505(2), 505(3) or conspiracy to

commit such offences (Sections 136(1-A) CrPC.

4. Criminal conspiracy to which Section 120-B applies (Section

196(2) CrPC).

 Right to privacy of a woman accused (Section 46 and 54)- Privacy of

a female accused must be protected and honored and towards this
end, amendment have been made in the existing provisions of the
Criminal Procedure Code.

 Right not to subjected to illegal arrest or detention (Section 41, 60-A

and 167)

 Right to meet an advocate of his choice during interrogation

(Section 41-D)

 Right to obtain free copy of the judgement (Section 363 CrPC)

99
 CRIMINAL PROCEDURE CODE -II

 Right to have a fair trail

 Right to be released on probation (Section 360)- Courts are obliged

to keep a record of the reasons for which a probation is not granted.

 Right to represent against punishment to be awarded (Section

235(2), 248(2) and 360)- The person convicted has to be heard
before any punishment is awarded to him (Section 235). If the
person to be convicted has special reasons to be pleaded in regard
to punishment, he can do so. If the accused is convicted only then
the question of representation regarding punishments arises[31].

 Right to be released on bail

 Right to take advantage of the period of limitations (Section 468)

 Right to produce and examine witnesses in his defense (Section

240, 243 and 247)

Analysis
It was hypothesized that the rights and privileges given to the accused are
not always justified and might disturb the collective mental consciousness
of the society. For example, in cases like Ajmal Amir Kasab v. The State
of Maharashtra, was there even any need to undergo a trial in court,
where the crime was done openly and the criminal/terrorist was caught on
spot. Kasab was not an Indian citizen (that the state is bound by the
constitution for his rights) whereas he was a terrorist, an open threat to
the nation who already had bloodshed India. Why was there any need to
provide him with the privileges of an accused person in India?

Indian court took responsibility of his human rights and provided him with
legal aid to defend himself in the court where it was already known that
he is the one. It took years for a terrorist like him to be hanged in India.
Somewhere our laws were reluctant enough for the terrorist who killed
100s of innocents in one evening. How much were the rights provided to
Ajmal Kasab were pertinent? Similarly, in such specific cases where the
person who is accused of a charge is the one who is actually the criminal
and it can be proved very prominently, the privileges which were provided
in our legal system to have a fair trial and let the innocent go free, should
be confined. The court session should only be held for the accused to
represent and for the final verdict.

100
 CRIMINAL PROCEDURE CODE -II

Empirical method is used for this analysis. Interviews and observations

have been made one a total of 60 people residing in Kolkata, West Bengal,
who had their opinions on the research questions. The data collection
results show that 45% people agree to the research question, i.e., in
specific cases like mentioned above the rights provided to an accused
should be confined. Other around 20 - 25% people could not make any
decision whether rights should be there or not, and if not then what about
the people who are mistakenly charged of a crime they didn’t commit.

The rest interviews gave results where people are either fine with the
system however it works, or they don’t have enough knowledge or views
about it. During the interviews it was observed that whenever the case of
Kasab was brought in as an example people would answer in anguish and
pain and talk using phrases like Being an Indian it is disheartening to see
us helping the same person who stamped so many lives..., Our neighbours
has been so cruel but we still forgive them, but 26/11 was mere silly
acting by the legal system. He should have been hanged in the Taj hotel’s
lawn during the day.

On the other hand, answers like Who will decide whether this accused or
that accused should be given right or not? If fair trial concept becomes an
option then more cases like the Talvar case will come in foresee…, We do
have our emotions talking but that is not how the law should work. Kasab
gives us nightmare but if an innocent is hanged it will be worst. Mentions
of the Nirbhaya case too came up in the interviews.

If there’s no fault in the system then why would it took the court 6 long
years to decide its final verdict in a 10 days investigation case?, Why was
the brutal rapist given the benefit of a minor? Should our law not be only
written documents but also humanity? etc. Indian courts believe in
rehabilitation. Questions on them came up too. How and why even one
should try or allow to rehabilitee a rapist? What about the innocent girl
who died such brutal death?

Conclusion
By the data collected and the observations made the result which come
out is not very prominent or it’s not a win-win situation. Though we have a
majority rate who agrees with the research problem, that the accused
rights should be confined with accordance to cases, but it is also seen that
this is not enough realistic in comparison to the other group of people who

101
 CRIMINAL PROCEDURE CODE -II

marked the words correctly that who will decide whom to give the right
and whom to not.

Difference between bailable and non-bailable offence ? When an

anticipatory bail can be granted

A bailable offense is a civil/criminal offense for which a court of law

grants bail to the accused on a condition to submit a bail bond. However,
granting bail doesn't mean that the accused is free. He/she have to go
through the judicial trial.

A non-bailable offense is a civil/ criminal offense for which bail can be

rejected by the court directly, without hearing the case for certain
days. The accused shall be kept under judicial custody until their trial.
However, the court may grant bail to the accused depending upon the
circumstances and the evidences produced.

102
 CRIMINAL PROCEDURE CODE -II

Key Differences Between Bailable Offense and Non-Bailable

Offense

o The bail is granted to the accused with little evidence. The officer in-
charge can also grant the bail in case of a bailable offence. In case
of a non bailable offence, the court decides the number of days the
accused have to spend under judicial custody before filing a bail.

o In cases of bailable offenses, the accused may be released on bail

after being arrested, while in non-bailable offenses, the accused
must remain in custody until the orders comes up by the court.

o Bailable offenses are considered less serious as compared to non-

bailable offenses.

o Concrete evidences and strong witnesses are required for non-

bailable offenses as compared to bailable offenses.

o While most of the cases with a bailable offence, there is less or no

punishment. Non-bailable offenses involves punishments like death
penalty, imprisonment for life, etc.

Advantages of Bailable Offense

o In Bailable offenses, the bail is granted to the accused to and he/she

is released from custody while awaiting trial, allowing them to
continue working and supporting their families.

o It keeps the accused attentive towards their trial as the bail bond
may expire if the don't appear in the court on summoned dates.

103
 CRIMINAL PROCEDURE CODE -II

o The accused is allowed to have a fair trial and s/he can gather
evidence for defending himself as the person is released from
the custody.

o Bail can also act as a means of rehabilitation for defendants, as they

can take proper legal support.

o Bail can also helps in settling the case outside of the court as the
two party can compromise with each other and can request the
court to get the case withdrawn or closed.

Disadvantages of Bailable Offense

o Bail bond amount can create financial trouble for the accused.

o After the bail is granted, the accused may try to temper the
evidence or intimidate the witnesses.

o The accused released on bail can get a mindset of revenge from the
counter party.

Advantages of Non-Bailable Offense

o Non-bailable offenses are considered to be more serious in nature

and so the bail bond amount is very high.

o The accused is not granted bail easily in non-bailable offenses,

which helps to ensure that they will have to be in judicial custody for
a long time.

o Non-bailable offenses often involve serious crimes such as murder,

terrorism, and treason, which are threats to society. So, not granting
bail is a necessity.

o The judicial process in non-bailable offenses is typically faster than

in bailable offenses, as it solely depends upon the discretion of
judge.

o Non-bailable offenses are often used to protect victims and

witnesses from retaliation or intimidation by the accused. If the
accused will be free, he may try to tamper the evidence.

o Non-bailable offenses can also be used to prevent the accused from

committing further crimes while out on bail.

o Non-bailable offenses are generally considered to be more severe

than bailable offenses and are therefore dealt with more harshly by
the courts.

104
 CRIMINAL PROCEDURE CODE -II

o Non-bailable offenses also help to maintain the integrity of the

criminal justice system by ensuring that the accused are held
accountable for their actions.

Disadvantages of Non-Bailable Offense

o Non-bailable offenses can result in prolonged detention for the

accused, as they may be denied bail and have to remain in custody
until their trial. And if the decision is in favor of accused, then there
is no provision to compensate the time he/she spent under judicial
custody.

o The accused may be unable to prepare an adequate defense while

in custody, which will make the case weak.

o Non-bailable offenses may lead to a backlog of cases in the criminal

justice system, as the accused cannot be released on bail to start
the trial.

o Non-bailable offenses can result in a presumption of guilt for the

accused, as they are typically not granted bail. In such cases, media
also exaggerates the case.

o Non-bailable offenses can lead to financial hardships for the accused

and their families, as the sole bread winner is under judicial custody.

o Non-bailable offenses can also lead to emotional and psychological

strain and inferiority complex on the accused and their families.

o In some cases, non-bailable offenses can be used as a tool of

oppression by the law enforcement body to silence political dissents
or the weaker sections of the society.

Similarities between Bailable Offense and Non-Bailable Offense

o Both bailable and non-bailable offenses are criminal offenses under

Indian law and are decided by the court.

o Both types of offenses can result in arrest and detention of the

accused. In case of non bailable warrant, the accused will be directly
arrested.

o Both types of offenses are punishable under the Indian Penal Code
and other criminal laws.

o Both types of offenses require the accused to appear before a court

for the trial.

o Both types of offenses require the prosecution to prove guilt beyond

reasonable doubt. Usually, the public prosecutor performs this job.

105
 CRIMINAL PROCEDURE CODE -II

o Both types of offenses have the possibility of appeal if the accused

is found guilty. Appeal can always be made to the high court and
supreme court.

o Both types of offenses can result in rigorous imprisonment,

penalties, if the accused is found guilty.

o Both types of offenses can have a negative impact on the life,

reputation, and future growth of the accused.

In conclusion, the differences between bailable offenses and non-

bailable offenses have a significant impact on the legal proceedings and
the rights of the accused. While bailable offenses allow individuals to seek
bail, non-bailable offenses generally restrict this right, except under
exceptional circumstances. It is essential for individuals facing criminal
charges to understand these distinctions and seek appropriate legal
counsel to navigate the complexities of the legal system. By doing so,
they can effectively exercise their rights and work towards a fair and just
resolution.

Explain the concept of fair trail and analyse the principles feature
of fair trail?

1. Anticipatory Bail
2. Cognizable offence & Non-cognizable offence
3. Review
4. Probation
5. Summary trail

A summary trial is a procedure in the Code of Criminal Procedure (CrPC) of

India that allows for the quick disposal of certain criminal cases. It's
governed by Chapter XXI and Sections 260 to 265 of the CrPC.

Summary trials are used for petty offenses, which are crimes that are
punishable by a maximum of two years in prison, a fine, or
both. Examples of petty offenses include: Simple assault, Theft, Mischief,
and Cheating.

Summary trials are not used for serious offenses like murder, rape, or
dacoity. For these cases, regular trial procedures are used to ensure a fair
trial and a more thorough examination of evidence.

106
 CRIMINAL PROCEDURE CODE -II

Only district magistrates and magistrates of the first class who have been
specially empowered by the state government can use the summary trial
procedure. The procedure shortens the duration of a case by allowing the
magistrate to record evidence in a more summary way.

It is provided under the Code of Criminal Procedure (CrPC), is a procedure

aimed at expediting the trial process for certain offenses considered less
serious in nature punishable with up to 2 years imprisonment.

6. Jurisdiction of criminal court

The jurisdiction of criminal courts in India is based on the place where the
offense was committed, as outlined in the Code of Criminal Procedure
(CrPC). The CrPC's Chapter 13 covers the jurisdiction of criminal courts in
inquiries and trials. Some of the sections in this chapter include:

 Section 177: States that a court within the local jurisdiction where
the offense was committed is responsible for inquiring into and
trying the case.

 Section 181: Allows a trial to be started where the accused is found,

in addition to the place where the offense was committed.

 Section 178: Deals with the place of inquiry or trial.

 Section 179: Deals with offenses that are triable where the act was
done or the consequence occurred.

 Section 180: Deals with the place of trial where the act is an offense
due to its relation to another offense.

 Section 182: Deals with offenses committed by letters, etc.

The CrPC also deals with cases where an offense is committed outside the
jurisdiction of a court, or where an offense is tried by more than one
court.

Section 179 of CrPCIt states that when 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.

7. Juvenile justice system

8. FIR
9. Parole
107
 CRIMINAL PROCEDURE CODE -II

QUESTION PAPER – 2013

What are the constitutional safeguards provided to an accused

person?

Discuss the circumstances under which and offender may be

released on probation of good conduct?

Release of Accused on probation or good conduct or after

admonition Section 360

In certain cases, an accused person may be released on probation or on

the condition of good conduct, or after admonition as an alternative to
incarceration. This approach is generally used when the court believes
that the offender can be rehabilitated or deterred from committing further
offenses without serving a prison sentence.

Release on Probation

 Probation is a legal disposition that allows an accused person to

avoid imprisonment by agreeing to abide by certain conditions
imposed by the court. These conditions may include reporting to a
probation officer, maintaining good conduct, not engaging in
criminal activities, and participating in rehabilitative programs.

 Probation is typically used for first-time or non-violent offenders. If

the probationer successfully complies with the conditions during the
probation period, they may avoid incarceration. Failure to comply
may result in the revocation of probation and imprisonment.

Release on Good Conduct

 The court may release an accused person on the condition of good

conduct with or without sureties. This means that the individual
must demonstrate good behavior during a specified period. The
court may set conditions such as not committing any further
offenses and maintaining peace.

 If the accused person maintains good conduct during the prescribed

period, they may avoid imprisonment. If they breach the conditions,
they may be liable for the imposed penalty or face incarceration.

Release after Admonition

108
 CRIMINAL PROCEDURE CODE -II

 In some cases, especially for minor offenses, the court

may admonish the accused person instead of imposing a formal
sentence. Admonition involves counseling or a stern warning to the
accused, emphasizing the consequences of future criminal behavior.

 The accused is released after receiving this admonition and is

expected to refrain from further offenses.

The court’s decision to use these alternatives to incarceration depends on

various factors, including the nature of the offense, the accused person’s
criminal history, and the assessment of whether these methods are likely
to deter the individual from reoffending. Additionally, it aligns with the
principle of restorative justice, which aims to rehabilitate offenders and
reintegrate them into society.

Section 3 of the Probation of Offenders Act, 1958

 This section empowers the court to release certain offenders on

probation of good conduct. The court can order the release of the
offender after having considered the report from the probation
officer.

Case Laws:

Murlidhar Meghraj Loya vs. State of Maharashtra (1976)

 In this case, the Supreme Court held that the provisions of the
Probation of Offenders Act are beneficial and should be liberally
interpreted. The court emphasized that the objective is to reform
offenders and reintegrate them into society.

Gopal Krishna vs. King-Emperor (1945)

 This case emphasized that probation should be used as a measure

of reform for youthful offenders, and the court should consider the
character, antecedents, and circumstances of the offender when
deciding on probation.

State of Gujarat vs. Ramjibhai Keshavjibhai Patel (2006)

 In this case, the court emphasized the importance of the probation

officer’s report in making decisions about releasing offenders on
probation. The court also highlighted the need to weigh the nature
of the offense and the character of the offender in such decisions.

Gurcharan Singh vs. State of Punjab (2016)

 This case highlighted that probation should be preferred over

imprisonment whenever the circumstances and nature of the
offense allow for it, especially for first-time offenders.
109
 CRIMINAL PROCEDURE CODE -II

Section 360 of CrPC: Suspension of sentence and release on

probation of good conduct:

Section 360 of the Code of Criminal Procedure (CrPC) in India provides for
the suspension of the sentence of an offender and the release on
probation of good conduct. This section is often used for first-time or
young offenders as an alternative to incarceration. Section 360 focuses on
the rehabilitation and reformation of the offender while maintaining the
interests of justice.

 Section 360 empowers the court to suspend the sentence of an

offender and release them on probation if certain conditions are
met. The key provisions include:

1. First-Time Offenders: The section primarily applies to persons

who have not been previously convicted of an offense punishable
with imprisonment for up to two years or more. It is typically aimed
at first-time offenders or young offenders.

2. Conditions for Release: The court may release the offender on

probation of good conduct, provided they enter into a bond with or
without sureties. The bond includes an obligation to appear before
the court if required, to keep the peace and be of good behavior,
and to fulfill any other conditions imposed by the court.

3. Suspension of Sentence: The court has the discretion to suspend

the sentence of the offender during the probation period. If the
offender successfully complies with the conditions and maintains
good conduct, the sentence may be further reduced or remitted. If
the offender breaches the conditions, the court can order the
sentence to be executed.

4. Probation Officer’s Report: The court may consider the report of

a probation officer before making a decision regarding the release
on probation.

Section 360 is an essential provision that promotes rehabilitation and

reformation, particularly for young and first-time offenders. It allows for
the suspension of a sentence and the release of the offender on the
condition that they demonstrate good conduct and adherence to the
prescribed terms. This section is a practical application of the principle of
restorative justice.

Evaluate the recent reforms brought in criminal procedure code ?

110
 CRIMINAL PROCEDURE CODE -II

Define and distinguish between summons procedure & Warrants

procedure?

SUMMONS CASE

Section 204 (1) (a) in chapter 20 of Code of Criminal Procedure, 1973

defines summons case.

Summon is a document issued by magistrate in order to call up a person

to appear before the court, when a case has been registered against
him/her. The document must be in writing, signed by the lead officer of
the concerned court with court’s seal.

Summon case is related to summon as a document is sent to the accused

to appear before court. Summon issued to defendant shall appear within
thirty days of issue of summon and not beyond that.

Penalty & punishment

Under summons case punishment will not exceed imprisonment for two
years.

The court can also impose penalty to the person under summons case, for
that it may-

1. Issue a warrant for his arrest.

2. Attach and sell his property.

3. Impose a fine upon him/her (Not exceeding five thousand rupees).

4. Order him for imprisonment in civil prison.

Appearance of defendant

A defendant is whom a summons has been issued can appear:

1. In person, or

2. By an advocate who is instructed and able to answer.

3. By and advocate accompanied with some person to answer.

Trial In Summons Case

111
 CRIMINAL PROCEDURE CODE -II

1. Explanation of accused offence: In summons case, it is not

necessary to frame a charge but accused must be explained his
charge and asked whether he want to appeal guilty.

2. Conviction on plea of guilty: In case the accused appears to be

guilty, i.e., accept his offence then his plea shall be recorded and
then convicted by the magistrate.

1. Conviction on plea of guilty in absence of accused: According to this

section, if the defender on behalf of the accused appears to be
guilty the Magistrate with caution can order conviction of the
accused.

2. Procedure when not convicted: If the accused is not convicted then

the Magistrate forward for trial and evidences of both side
prosecution & defence will be recorded.

3. Acquittal or conviction (Section 255 of Code of Criminal Procedure):

After examining evidence & witnesses from both sides perspective,
the Magistrate on basis of fair grounds decides the conviction of the
accused.

4. The complaint is absent or death of complainant: If the complainant

is absent on the hearing, the magistrate can adjourn the case till
next hearing or acquit the accused. In some trials, magistrate can
proceed further with it where the presence of the complainant is not
necessary.

5. Complaint withdrawal: The complainant can withdraw the case at

any moment with the permission of the Magistrate before passing of
the final order. Then the magistrate can acquit the accused.

6. Court power of converting summon case to warrant case: When a

summons case is held with punishment with imprisonment of more
than six months then it can be converted into a warrant case under
supervision of the court as well as magistrate.

7. Compensation of accused: In some cases where there are no

sufficient evidences for accusation, then the accused can be
acquitted or discharged. The Magistrate can issue an order of
compensation to the accused. In case the complainant fails to
compensate the accused he will be punished with imprisonment of
Thirty days

WARRANT CASE

112
 CRIMINAL PROCEDURE CODE -II

A case relating to an offence punishable with death, imprisonment for life,

imprisonment for term exceeding Two years falls under the category of
warrant case. The offenses are usually cognizable which are serious in
nature and the police can arrest without warrant.

A warrant is a issued document that focuses on bringing accused to the

court who has not appeared yet even after he/she is summoned.

Penalty and punishment

Warrant cases are offenses punishable with

 Death penalty.

 Life imprisonment.

 Imprisonment which extend for a term of more than two years.

Procedure for issue of a warrant

In order to arrest an accused a warrant is issued by the court. Following

are the procedure for issue of warrant:

1. Object of warrant: criminal procedure code states in some cases

that person can be arrested without a warrant but cannot remain in
custody for more than 24 hours. A warrant of arrest is applicable
until it is executed or canceled by the court which issued it.

2. Essentials of warrant: according to section 70 of CrPC, the warrant

must be in writing, signed by the magistrate as well as must have
the seal of the court.

3. Contents of warrant: it should mention the name and other

particulars of the person who is to be arrested. It should specify the
offenses to be charged and clearly show the authority given to the
person for arrest.

4. Execution of warrant: according to section 72 a warrant cane be

taken in charged by police officer or any [Link] to section
74, warrant taken in charge by police officer can also be executed
by any other police officer whose name is countersigned upon
officer given first.

Trial of warrant case

 Cases based on police report

113
 CRIMINAL PROCEDURE CODE -II

Before the trial begins for warrant cases, it is mandatory for the initial step
to be justified that is filling of FIR.

Once the FIR is filled investigation takes place on exploring facts and
verifying them. Thereafter a charge sheet is made and the documents are
given to magistrate.

Following are the steps in which cases based on police reporter:

1. Provide a copy of police report to the accused: A copy of police

report is necessary to be given to the accused so that he/she can
made aware of of charges upon him. A copy must be supplied before
appearing in the court.

2. Discharge after considering police report on completion on

investigation: if the magistrate finds that there are no grounds on
based of the charges applied to the accused then the accused is
discharged. The prima facie of case is also considered.

3. Framing a charges: if magistrate finds valid evidences or grounds to

mean the allegations of the accused to be presumed as serious or
accused has committed or is capable of committing, then further
procedure can take place. The charges are framed by court as well
as explained to the accused person. After explaining of charges
accused shall be asked whether he pleads guilty or innocent.

4. Date for prosecution evidence: A date for prosecution evidence is

given to examine and collect all relevant evidences. Summon can be
issued by the court to witness and cross examine can be done by
defence.

5. Statement of accused: Accused can bring back all those witnesses

and evidences with permission of court. The accused given the
statement which is written about all the incident, witnesses and
evidences.

6. Acquittal or conviction: There are two sections that courts must be

careful with.

1. Section 325- If the punishment is severe than the court jurisdiction

then it can pass the case on to higher jurisdiction.

2. Section 360- Tells us about probation to be given to accused. Both

section must be under supervision and previous conviction shall
discussed.

114
 CRIMINAL PROCEDURE CODE -II

 Cases not based on police reports (private complaint):

1. Evidence for persecution: With the permission of magistrate , the

complaint can also be directly filled without intervention of making a
police report. Prosecution can also take all the evidences, witnesses
and documents and issues a summon.

2. Discharge: If no sufficient grounds are found then the court can

discharge the case with reasons in record.

3. Procedure when not discharged: If the court finds that there are no
sufficient grounds for further proceeding then on the basis of
evidences, it can prepare charges and must be explained to the
accused which further says if he wants to plead guilty or not.

4. Acquittal or conviction: There are two sections that courts must be

careful with.

1. Section 325- If the punishment is severe than the court jurisdiction

then it can pass the case on to higher jurisdiction.

1. b) Section 360- Tells us about probation to be given to accused.

Both section must be under supervision and previous conviction
shall discussed.

Difference between summons case and warrant case

115
 CRIMINAL PROCEDURE CODE -II

1. Anticipatory Bail
2. Investigation

P.C. Section 2(h) of Code define the expression "Investigation" as

"Investigation includes all the proceedings under this code for the
collection of evidence, conducted by Police Officer or by any person (other
than Magistrate) who is authorized by a Magistrate in this behalf."

According to the Code of Criminal Procedure (CrPC), investigation is the

process of collecting evidence for a criminal case, conducted by a police
officer or someone authorized by a magistrate.

The investigation process typically includes:

 Going to the crime scene

 Gathering information

 Identifying suspects and victims

 Conducting interviews

 Discovering and arresting the suspected offender

 Collecting evidence related to the crime

116
 CRIMINAL PROCEDURE CODE -II

The CrPC classifies cases as either cognizable or non-cognizable:

 Cognizable cases

Serious criminal matters, such as murder or rape, where the police can
arrest without a warrant and begin investigating without a magistrate's
permission

 Non-cognizable cases

Less serious matters, such as assault or defamation, where the police

need a warrant to arrest and a magistrate's permission to begin
investigating

3. Public prosecutor
4. Search warrant
5. First information report
6. Juvenile delinquency
7. Maintenance

In the Criminal Procedure Code (CrPC), maintenance is the amount of

money a person is required to pay to another person who is unable to
support themselves. The CrPC includes provisions for maintenance in the
following sections:

 Section 125: This section covers maintenance for a spouse, child,

father, or mother. It also allows a magistrate to order interim
maintenance while a case is pending.

 Section 128: This section covers how to enforce a maintenance

order. A magistrate can enforce a maintenance order in any location
where the person who is required to pay is present.

 Section 488: This section covers the neglect or refusal to maintain a

wife or child.

8. Legal aid
9. Charge

117
CRIMINAL PROCEDURE CODE -II

118