GENERAL PROVISIONS AS TO INQUIRY AND TRIAL SECTION 300- 327

Section 300: Protection Against Double Jeopardy

1. General Rule:
o If a person is tried by a competent court and either convicted or acquitted, they cannot be tried
again for the same offence or any other offence based on the same facts, as long as the
conviction or acquittal stands.
2. Exception with State Consent:
o A person who has been acquitted or convicted of an offence can be tried again for a distinct
offence, if the State Government consents. This applies if a separate charge could have been
made during the original trial under Section 220(1).
3. Subsequent Offences:
o A person convicted of an offence can be tried for a different offence if new consequences
arise from the same act that were not known at the time of the initial conviction.
4. Jurisdiction Limitation:
o A person acquitted or convicted can be subsequently charged and tried for another offence
based on the same acts if the initial court was not competent to try the new charge.
5. Discharged Cases:
o A person discharged under Section 258 (power to stop proceedings in a certain case) cannot
be tried again for the same offence without the consent of the court that discharged them or a
superior court.
6. Other Provisions:
o This section does not affect Section 26 of the General Clauses Act, 1897, or Section 188 of the
Criminal Procedure Code.

Explanation:

 The dismissal of a complaint or discharge of the accused is not considered an acquittal under this
section. READ ILLUSTRATIONS

Section 301: Appearance by Public Prosecutors

1. Authority of Public Prosecutors:

o The Public Prosecutor or Assistant Public Prosecutor handling a case can appear and plead in
any Court during inquiry, trial, or appeal without needing written authorization.
2. Role of Private Pleaders:
o If a private person hires a pleader to prosecute someone in any Court, the Public Prosecutor or
Assistant Public Prosecutor in charge must conduct the prosecution.
o The hired pleader must follow the directions of the Public Prosecutor or Assistant Public
Prosecutor.
o With the Court's permission, the private pleader can submit written arguments after the
evidence in the case is closed.

Section 302: Permission to Conduct Prosecution

1. Permission for Prosecution:

o Any Magistrate handling a case can allow the prosecution to be conducted by anyone other
than a police officer below the rank of inspector.
o Only the Advocate-General, Government Advocate, Public Prosecutor, or Assistant Public
Prosecutor can conduct the prosecution without such permission.
o A police officer involved in the investigation of the case cannot be permitted to conduct the
prosecution.
2. Conducting the Prosecution:
o A person allowed to conduct the prosecution can do so personally or through a pleader.
Section 303: Right to Defense

 Any person accused of an offence or facing proceedings under this Code has the right to be defended
by a pleader of their choice.

Section 304: Legal Aid at State Expense

1. Assignment of Pleader:
o If an accused person in a trial before the Court of Session is not represented by a pleader and
cannot afford one, the Court must assign a pleader for their defense at the State's expense.
2. Rules for Legal Aid:
o The High Court, with the State Government's approval, can make rules regarding:
 Selection of pleaders for defense.
 Facilities provided to such pleaders by the Courts.
 Fees payable to such pleaders by the Government.
 General implementation of the provision for State-assigned pleaders.
3. Extension of Legal Aid:
o The State Government can issue a notification to extend the provisions of subsections (1) and
(2) to other classes of trials before different Courts, similar to trials before Courts of Session.

Section 305: Procedure When Corporation or Registered Society is an Accused

1. Definition:
o "Corporation" means an incorporated company or other body corporate, and includes societies
registered under the Societies Registration Act, 1860.
2. Appointment of Representative:
o If a corporation is the accused in an inquiry or trial, it may appoint a representative for the
proceedings. This appointment does not need to be under the corporation's seal.
3. Role of Representative:
o When a representative of a corporation appears in court, any requirement of the Code that
something must be done in the presence of the accused, or explained to the accused, will apply
to the representative instead.
o This includes any requirement for the accused to be examined, which will be fulfilled by
examining the representative.
4. Absence of Representative:
o If no representative appears, the requirements that would apply to the accused do not need to
be fulfilled.
5. Proof of Appointment:
o A written statement, signed by the managing director or someone managing the corporation’s
affairs, indicating the appointment of a representative, is presumed valid by the Court unless
proven otherwise.
6. Dispute of Representation:
o If there is a question about whether a person appearing as a representative is duly appointed,
the Court will make the determination.

Section 306: Tender of Pardon to Accomplice

1. Granting Pardon:
o To obtain evidence from someone involved in or privy to an offence, a Chief Judicial
Magistrate, Metropolitan Magistrate, or First-Class Magistrate can offer a pardon at any stage
of the investigation, inquiry, or trial. This is conditional on the person making a full and true
disclosure of all circumstances and persons involved in the offence.
2. Applicable Offences:
o Offences exclusively triable by the Court of Session or by a Special Judge under the Criminal
Law Amendment Act, 1952.
o Offences punishable with imprisonment up to seven years or a more severe sentence.
3. Recording Reasons:
 o The Magistrate must record the reasons for offering a pardon and whether the person accepted
the pardon. A copy of this record must be provided to the accused free of charge upon request.
4. Post-Acceptance Examination and Custody:
o A person who accepts a pardon must testify as a witness in the Magistrate's Court taking
cognizance of the offence and in any subsequent trial. If not already on bail, the person must
remain in custody until the trial concludes.
5. Procedure After Acceptance:
o Upon acceptance and examination of the person who accepted the pardon, the Magistrate must
commit the case for trial as follows:
 To the Court of Session if the offence is exclusively triable by that Court or if the
Magistrate is the Chief Judicial Magistrate.
 To a Special Judge if the offence is exclusively triable by that Court under the
Criminal Law Amendment Act, 1952.
 In other cases, the Magistrate should transfer the case to the Chief Judicial Magistrate
for trial.

Section 307: Power to Direct Tender of Pardon

 Authority to Tender Pardon:

o After the commitment of a case but before the judgment is passed, the Court to which the case
is committed can tender a pardon to any person supposed to be directly or indirectly involved
in or privy to the offence. This is done to obtain evidence during the trial, under the same
conditions as in Section 306.

Section 308: Trial of Person Not Complying with Conditions of Pardon

1. Certification of Non-Compliance:
o If a person who accepted a tender of pardon is believed by the Public Prosecutor to have not
complied with the conditions (either by wilfully concealing essential information or giving
false evidence), that person may be tried for the original offence or any other related offence,
and for giving false evidence.
o Such a person cannot be tried jointly with other accused persons.
o For the offence of giving false evidence, the trial requires the sanction of the High Court, and
the provisions of Sections 195 and 340 do not apply.
2. Use of Statements:
o Statements made by the person who accepted the pardon and recorded by a Magistrate under
Section 164 or by a Court under Section 306(4) can be used as evidence against them in the
trial.
3. Defense of Compliance:
o The accused has the right to claim they complied with the pardon conditions. In this case, the
prosecution must prove non-compliance.
4. Court Procedure:
o Before proceeding with the trial:
 Court of Session: The Court must ask the accused if they plead compliance with the
pardon conditions before reading out the charge.
 Court of a Magistrate: The Court must ask the accused if they plead compliance
before taking the prosecution's evidence.
o If the accused pleads compliance, the Court records the plea and continues with the trial.
5. Judgment Based on Compliance:
o If the Court finds that the accused complied with the pardon conditions, it must pass a
judgment of acquittal, regardless of other provisions in the Code.

Section 309: Power to Postpone or Adjourn Proceedings

1. Continuous Proceedings:
o Trials or inquiries should proceed day-to-day until all witnesses in attendance are examined,
unless the Court finds it necessary to adjourn beyond the following day and records the
reasons for such an adjournment.
 o Special Cases: Trials for offences under sections 376, 376A, 376AB, 376B, 376C, 376D,
376DA, or 376DB of the Indian Penal Code must be completed within two months from the
date the charge sheet is filed.
2. Postponement or Adjournment:
o After taking cognizance of an offence or starting a trial, the Court may adjourn or postpone
the proceedings for reasons recorded. This can be done on terms the Court considers
reasonable and can include remanding the accused by warrant if in custody.
o Remand Limitation: No Magistrate can remand an accused to custody for more than fifteen
days at a time.
o Witnesses in Attendance: If witnesses are present, no adjournment or postponement is
allowed without examining them, unless special reasons are recorded in writing.
o Additional Provisions:
 Adjournments should only be granted due to circumstances beyond the control of the
requesting party.
 Engagement of a party's pleader in another Court is not a valid ground for
adjournment.
 If a witness is present but the party or their pleader is not ready, the Court may record
the witness's statement and proceed as it sees fit.

Explanations:

 Reasonable Cause for Remand: If sufficient evidence raises suspicion that the accused committed an
offence and further evidence is likely through a remand, this is a valid reason for remand.
 Terms for Adjournment: Terms may include the payment of costs by either the prosecution or the
accused.

Section 310: Local Inspection

1. Authority to Inspect:
o Any Judge or Magistrate can visit and inspect the scene of the alleged offence or any relevant
place during an inquiry, trial, or proceeding after notifying the parties. They must record a
memorandum of observed relevant facts without unnecessary delay.
2. Memorandum:
o The memorandum becomes part of the case record, and copies are provided free of charge to
the prosecutor, complainant, accused, or any other party upon request.

Section 311: Power to Summon Material Witness, or Examine Person Present

 Summoning and Examining Witnesses:

o Any Court can, at any stage of an inquiry, trial, or other proceeding, summon any person as a
witness, examine any person in attendance (even if not summoned), or recall and re-examine
any person already examined. The Court must do so if the evidence is deemed essential to the
just decision of the case.

Section 311A: Power of Magistrate to Order Person to Give Specimen Signatures or Handwriting

 Authority to Order Specimens:

o A First-Class Magistrate can direct any person, including an accused, to give specimen
signatures or handwriting if it is expedient for an investigation or proceeding.
o The person must be produced or attend at the specified time and place to give their specimens.
o Condition: No order can be made unless the person has been arrested in connection with the
investigation or proceeding.

Section 312: Expenses of Complainants and Witnesses

 Payment of Expenses:
 o A Criminal Court may order the Government to pay reasonable expenses for any complainant
or witness attending an inquiry, trial, or proceeding, subject to State Government rules.

Section 313: Power to Examine the Accused

1. Purpose:
o To enable the accused to personally explain any circumstances appearing in the evidence
against them.
2. Examination Stages:
o Discretionary Examination: The Court may question the accused at any stage without prior
warning.
o Mandatory Examination: After prosecution witnesses are examined and before the defense,
the Court must generally question the accused on the case.
3. Exceptions:
o In summons cases, where the Court has dispensed with the accused's personal attendance, it
may also dispense with their examination.
4. Procedure:
o No oath is administered to the accused during examination.
o The accused cannot be punished for refusing to answer or for giving false answers.
5. Consideration of Answers:
o The accused's answers may be considered in the current inquiry or trial and used as evidence
in any other proceeding that the answers may relate to.
6. Preparation of Questions:
o The Court may seek help from the Prosecutor and Defense Counsel to prepare relevant
questions and may accept a written statement from the accused as sufficient compliance.

Section 314: Oral Arguments and Memorandum of Arguments

1. Oral Arguments:
o Any party may address concise oral arguments after closing their evidence.
2. Written Memorandum:
o Parties may submit a memorandum outlining arguments concisely under distinct headings
before concluding oral arguments. This memorandum becomes part of the record.
o A copy of the memorandum must be provided to the opposite party.
3. Adjournment for Written Arguments:
o No adjournment shall be granted solely for filing written arguments unless the Court finds it
necessary and records the reasons.
4. Regulation of Arguments:
o The Court may regulate oral arguments if they are not concise or relevant.

Section 315: Accused Person to be Competent Witness

1. Competency to Testify:
o An accused person in a criminal trial can be a witness for the defense and may testify under
oath to disprove charges against them or any co-accused in the same trial.
o Conditions:
 The accused cannot be called as a witness except upon their own written request.
 Failure to testify cannot be commented on by any party or the Court, nor can it create
any presumption against the accused or any co-accused.
2. Applicability to Other Proceedings:
o An individual facing proceedings under sections 98, 107, 108, 109, 110, Chapter IX, or Parts
B, C, or D of Chapter X may testify in their own defense.
o Special Conditions:
 In proceedings under sections 108, 109, or 110, failure to testify cannot be
commented on by any party or the Court, nor can it create any presumption against
the individual or any co-accused.
Section 316: No Influence to be Used to Induce Disclosure

 Prohibition on Influence:
o Except as provided in sections 306 and 307, no one shall use any promise, threat, or other
means to influence an accused person to disclose or withhold any matter within their
knowledge.

Section 317: Provision for Inquiries and Trial in the Absence of Accused in Certain Cases

1. Absence with Representation:

o If the Judge or Magistrate is satisfied that the personal attendance of the accused is not
necessary for justice or if the accused disrupts court proceedings, they may proceed with the
trial in the accused's absence if the accused is represented by a pleader.
o The Court can direct the personal attendance of the accused at any subsequent stage if needed.
2. Absence without Representation:
o If the accused is not represented by a pleader, or if the Court deems their presence necessary,
the Judge or Magistrate may either adjourn the trial or proceed with the case separately for the
absent accused, with reasons recorded in writing.

Section 318: Procedure Where Accused Does Not Understand Proceedings

 Inability to Understand Proceedings:

o If an accused person cannot understand the proceedings, despite not being of unsound mind,
the Court may proceed with the inquiry or trial.
o For Courts other than the High Court, if the proceedings result in a conviction, the case must
be forwarded to the High Court with a report on the circumstances. The High Court will then
pass an appropriate order.

Section 319: Power to Proceed Against Other Persons Appearing to be Guilty of Offence

1. Identification of Additional Offenders:

o During an inquiry or trial, if evidence suggests that someone not originally accused has
committed an offence that could be tried with the accused, the Court can proceed against that
person.
2. Summoning or Arresting Additional Offenders:
o If the additional offender is not present in Court, they may be summoned or arrested as
needed.
3. Detention of Attendees:
o Any person attending Court, even if not under arrest or summons, can be detained for the
inquiry or trial of the offence they appear to have committed.
4. Fresh Proceedings:
o When proceeding against an additional offender:
 The proceedings against the new person must start afresh, with witnesses re-
examined.
 The case continues as if the new person had been an accused when the Court
originally took cognizance of the offence.

Section 321: Withdrawal from Prosecution

 Authority to Withdraw:
o The Public Prosecutor or Assistant Public Prosecutor can withdraw from the prosecution with
the Court's consent at any time before judgment is pronounced.
 Consequences of Withdrawal:
o Before Charge Framed: The accused shall be discharged.
o After Charge Framed or No Charge Required: The accused shall be acquitted.
 Special Conditions:
 o For certain offences, the Prosecutor needs the Central Government's permission to seek
withdrawal, including offences:
 Against laws under Union executive power.
 Investigated by the Delhi Special Police Establishment.
 Involving misappropriation, destruction, or damage to Central Government property.
 Committed by a Central Government official in the course of duty.
 Court's Duty:
o Before consenting to withdrawal, the Court must direct the Prosecutor to produce the Central
Government's permission if required.

Section 322: Procedure in Cases Which Magistrate Cannot Dispose Of

1. Magistrate's Actions:
o If during an inquiry or trial, the evidence indicates:
 The Magistrate lacks jurisdiction to try the case or commit it for trial, or
 The case should be tried or committed by another Magistrate in the district, or
 The case should be tried by the Chief Judicial Magistrate,
o The Magistrate shall stay the proceedings and submit the case with a report to the Chief
Judicial Magistrate or the designated Magistrate.
2. Actions by Receiving Magistrate:
o The Magistrate receiving the case may, if empowered, try the case, refer it to a subordinate
Magistrate with jurisdiction, or commit the accused for trial.

Section 323: Procedure When Magistrate Finds Case Should Be Committed

 If at any stage before signing the judgment, the Magistrate finds the case should be tried by the Court
of Session, they shall commit the case to that Court under the provisions, applying the rules of Chapter
XVIII.

Section 324: Trial of Persons Previously Convicted of Offences Against Coinage, Stamp-Law or Property

1. Repeat Offenders:
o If a person previously convicted under Chapter XII or XVII of the IPC (for an offence
punishable with at least three years of imprisonment) is again accused of a similar offence, the
Magistrate shall:
 Send the person for trial to the Chief Judicial Magistrate or commit them to the Court
of Session, unless the Magistrate can try the case and impose an adequate sentence.
2. Co-Accused:
o Any co-accused in the same inquiry or trial shall be similarly sent or committed, unless
discharged under sections 239 or 245.

Section 325: Procedure When Magistrate Cannot Pass Sentence Sufficiently Severe

1. Forwarding the Case:

o If the Magistrate believes the accused deserves a punishment more severe than they can
impose, they shall record their opinion and forward the case and the accused to the Chief
Judicial Magistrate.
2. Multiple Accused:
o If multiple accused are tried together and the Magistrate believes any deserve a more severe
punishment, they shall forward all guilty parties to the Chief Judicial Magistrate.
3. Actions by Chief Judicial Magistrate:
o The Chief Judicial Magistrate may examine parties, recall and examine witnesses, call for
further evidence, and pass judgment, sentence, or order as deemed fit and legal.

Section 326: Conviction or Commitment on Evidence Partly Recorded by One Magistrate and Partly by
Another
 1. Continuation of Proceedings:
o If a Magistrate who has recorded evidence ceases to exercise jurisdiction and is succeeded by
another, the successor may act on the recorded evidence, including evidence partly recorded
by the predecessor.
2. Further Examination:
o The successor may re-summon witnesses for further examination if necessary for justice.
3. Transfers:
o When a case is transferred from one Magistrate to another, the former ceases to exercise
jurisdiction, and the latter succeeds within the meaning of this section.
4. Exclusions:
o This section does not apply to summary trials or cases stayed under section 322 or submitted
under section 325.

Section 327: Court to Be Open

1. Public Access:
o Criminal Court proceedings are generally open to the public.
2. Exceptions:
o The presiding Judge or Magistrate may exclude the public or specific persons from the
courtroom if deemed necessary at any stage of an inquiry or trial.
3. In Camera Trials for Rape and Related Offences:
o Trials for offences under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB,
and 376E of the IPC shall be conducted in camera.
o The Judge may allow specific individuals to attend upon application.

 In camera trials for the aforementioned offences should be conducted by a woman Judge or Magistrate
as far as practicable.

4. Publication Restrictions:
o Printing or publishing details of in camera trials is prohibited without the Court's permission,
maintaining confidentiality of the parties' identities.

TRIAL BY HIGH COURT

474. Trials before High Courts.—

When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence,
observe the same procedure as a Court of Sessions would observe if it were trying the case.

482. Saving of inherent powers of High Court.—

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such
orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice.

SUMMARY TRIALS

260. Power to try summarily:

1. The following magistrates can try certain offences in a summary way:

o Chief Judicial Magistrate
o Metropolitan Magistrate
o First Class Magistrate (if specially empowered by the High Court)
2. Eligible offences for summary trials include:
o Offences not punishable by death, life imprisonment, or imprisonment over two years.
o Theft under sections 379, 380, or 381 of the IPC, with property value not exceeding ₹2000.
 o Receiving or retaining stolen property under section 411 IPC, with property value not
exceeding ₹2000.
o Assisting in the concealment or disposal of stolen property under section 414 IPC, with
property value not exceeding ₹2000.
o Offences under sections 454 and 456 IPC.
o Insult with intent to provoke a breach of peace (section 504 IPC) and criminal intimidation
(section 506 IPC) punishable with up to two years imprisonment, fine, or both.
o Abetment or attempt of any of the above offences.
o Offences under section 20 of the Cattle-trespass Act, 1871.
3. If a Magistrate finds a case unsuitable for summary trial, they can recall witnesses and proceed as per
regular trial procedures.

261. Summary trial by Magistrate of the second class:

 The High Court can authorize a Magistrate of the second class to try summarily offences punishable
only with fine or imprisonment up to six months, and any related abetment or attempt.

262. Procedure for summary trials:

1. Follow the procedure for summons-cases.

2. Maximum imprisonment sentence is three months.

263. Record in summary trials:

 Magistrates must record the following details:

o Case serial number
o Date of offence
o Date of report or complaint
o Complainant's name (if any)
o Accused's name, parentage, and residence
o Offence complained of and proved
o Accused's plea and examination (if any)
o Finding
o Sentence or final order
o Termination date of proceedings

264. Judgment in cases tried summarily:

 For cases where the accused does not plead guilty, the Magistrate must record the evidence's substance
and provide a judgment with brief reasons for the finding.

265. Language of record and judgment:

1. Records and judgments must be written in the court's language.

2. High Court may authorize Magistrates to have records or judgments prepared by an appointed officer,
which the Magistrate must sign.

Aspect Summary Trial Summons Trial

Objective Dispose of cases quickly and reduce court burden Handle relatively minor
offences without full-fledged
trial
Applicability Minor offences, max punishment not exceeding 2 Offences with max
years punishment not exceeding 2
years
Specific - Theft, receiving or assisting with stolen property Any offence where the max
Offences (value ≤ ₹2000), Offences under IPC sections 454, punishment does not exceed
 456, 504, 506, Minor offences under Cattle-trespass 2 years
Act, 1871
Procedure Simplified and fast, minimal records More detailed than summary
trials, follows summons-case
procedure
Authority Chief Judicial Magistrate, Metropolitan Magistrate, Any Magistrate
First Class Magistrates (specially empowered), Second
Class Magistrates (if authorized)
Records and Essential particulars only, brief judgment Detailed records,
Judgment comprehensive judgment
Speed Faster Moderate speed
Formality Fewer formalities Moderate formalities
Sentencing Max 3 months' imprisonment As prescribed by law for the
Power specific offence, up to 2
years
Focus Speed and efficiency Ensuring justice with
efficiency

Aspect Summons Trial Warrant Trial

Handle relatively minor offences Handle more serious offences with a
Objective
without full-fledged trial comprehensive trial
Offences where the maximum
Applicability Offences where the punishment exceeds 2 years
punishment does not exceed 2 years
Begins with issuing a summons to the Begins with issuing a warrant for arrest or a
Initiation
accused to appear in court summons
Simplified procedure; similar to Detailed and elaborate procedure; involves pre-
Procedure
summary trials trial and trial stages
- Filing of complaint or police report, - Filing of charge sheet, Issuance of
Issuance of summons, Appearance of warrant/summons, Appearance of the accused,
Stages
the accused, Evidence and arguments, Framing of charges, Prosecution evidence,
Judgment Defense evidence, Arguments, Judgment
Authority Any Magistrate Sessions Courts and Magistrates
Records and Detailed records but less
Comprehensive records and detailed judgment
Judgment comprehensive than warrant trials
Complexity Less complex More complex due to seriousness of the offences
Presence of Accused is typically present
Accused may be arrested and brought to court
Accused voluntarily upon summons
Plea Plea is taken at an early stage Plea is taken after the framing of charges
Charge
Not usually a separate stage Separate stage where charges are formally framed
Framing
Sentencing As prescribed by law for the specific Punishment according to the offence, generally
Power offence, up to 2 years exceeds 2 years
Detailed examination to ensure justice in serious
Focus Efficiency while ensuring justice
offences

Classification of Trial Based on Cognizance, Process to Compel Appearance of Accused, and Trial
Procedure

I. Cognizance

1. Summons Trial:
 o Cognizable Offences: Typically non-cognizable offences where the maximum punishment
does not exceed two years.
o Non-Cognizable Offences: Magistrate takes cognizance on complaint or police report.

2. Warrant Trial:
o Cognizable Offences: Generally includes cognizable offences where the punishment exceeds
two years.
o Non-Cognizable Offences: Requires police investigation before the Magistrate takes
cognizance.

3. Sessions Trial:
o Cognizable Offences: Serious cognizable offences that are exclusively triable by a Court of
Session.
o Non-Cognizable Offences: Not applicable, as Sessions trials are for serious offences.

II. Process to Compel Appearance of Accused

1. Summons Trial:
o Process: Issuance of summons to the accused to appear in court.
o Arrest Warrant: Issued only if the accused fails to respond to the summons.

2. Warrant Trial:
o Process: Issuance of a warrant of arrest or summons, depending on the nature and seriousness
of the offence.
o Arrest Warrant: Typically issued for more serious offences.

3. Sessions Trial:
o Process: Issuance of a warrant of arrest due to the serious nature of the offences.
o Arrest Warrant: Commonly used to ensure the presence of the accused in court.

III. Trial Procedure

1. Summons Trial:
o Filing of Complaint/Police Report: Initiates the process.
o Issuance of Summons: Magistrate issues a summons to the accused.
o Appearance of Accused: Accused appears in court.
o Evidence and Arguments: Simplified procedure; evidence is presented and arguments are
heard.
o Judgment: Court delivers a judgment based on the evidence and arguments.

2. Warrant Trial:
o Filing of Charge Sheet: Initiates the process.
o Issuance of Warrant/Summons: Depending on the seriousness of the offence.
o Appearance of Accused: Accused is either arrested or appears in court.
o Framing of Charges: Formal stage where charges are read out to the accused.
o Prosecution Evidence: Prosecution presents its evidence.
o Defense Evidence: Defense presents its evidence.
o Arguments: Both sides present their arguments.
o Judgment: Court delivers a detailed judgment based on the evidence and arguments.

3. Sessions Trial:
o Committal Proceedings: Case is committed to the Court of Session by a Magistrate.
o Framing of Charges: Formal stage where charges are framed.
o Prosecution Evidence: Prosecution presents its evidence.
o Defense Evidence: Defense presents its evidence.
o Arguments: Both sides present their arguments.
 o Judgment: Sessions Court delivers a comprehensive judgment based on the evidence and
arguments.

Aspect Summons Trial Warrant Trial Sessions Trial

Serious cognizable
Non-cognizable offences, Cognizable offences, punishment > 2
Cognizance offences, exclusively
max punishment ≤ 2 years years
triable by Sessions
Process to
Summons issued to
Compel Warrant of arrest or summons issued Warrant of arrest issued
accused
Appearance
Filing of complaint/police Committal proceedings by
Initiation Filing of charge sheet
report Magistrate
Issuance of warrant/summons,
Summons issued, Framing of charges,
Appearance of accused, Framing of
Appearance of accused, Prosecution evidence,
Stages charges, Prosecution evidence,
Evidence and arguments, Defense evidence,
Defense evidence, Arguments,
Judgment Arguments, Judgment
Judgment
Records and Detailed records, Comprehensive records, detailed Detailed records,
Judgment simplified judgment judgment comprehensive judgment
Complexity Less complex More complex Most complex
Presence of Accused appears Accused is typically
Accused may be arrested
Accused voluntarily upon summons arrested
Sentencing Varies according to
Up to 2 years Exceeds 2 years
Power offence, usually severe
Thorough examination to
Efficiency while ensuring Detailed examination to ensure
Focus ensure justice in the most
justice justice in serious offences
serious offences

REFERENCE AND REVISION

REFERENCE-

Reference to High Court

Section 395

1. Referral of Case Involving Question of Validity:

o When a Court identifies that a pending case involves a question regarding the validity of any
Act, Ordinance, or Regulation, or any specific provision within them, which is essential for
resolving the case.
o If the Court believes that such Act, Ordinance, Regulation, or provision is invalid or
inoperative, and this has not been previously declared by the High Court (to which the Court
is subordinate) or by the Supreme Court, the Court must prepare a case.
o This case should include the Court's opinion and the reasons behind it, and then refer the
matter to the High Court for a decision.

Explanation:

o The term "Regulation" refers to any Regulation as defined in the General Clauses Act, 1897
(Act No. 10 of 1897) or in the General Clauses Act of a State.

2. Discretionary Referral by Court of Session or Metropolitan Magistrate:

o A Court of Session or a Metropolitan Magistrate has the discretion to refer any question of law
arising during a hearing to the High Court for a decision, even if the provisions of sub-section
(1) do not apply to the case.
 3. Handling of Accused Pending High Court Decision:
o A Court making a reference under sub-section (1) or sub-section (2) has the authority to either
commit the accused to jail or release them on bail until the High Court's decision is made.

Disposal of Case According to Decision of High Court

Section 396
1. Order by High Court on Referred Question:
o Upon receiving a referred question, the High Court shall issue an order as it deems
appropriate.
o The High Court will send a copy of this order to the Court that made the reference.
o The referring Court must then resolve the case in accordance with the order issued by the
High Court.
2. Direction on Costs:
o The High Court has the authority to determine who will bear the costs associated with the
reference.

REVISION

Calling for Records to Exercise Powers of Revision

Section 397
1. Examination of Records by High Court or Sessions Judge:
o The High Court or any Sessions Judge has the authority to call for and examine the records of
any proceedings before an inferior Criminal Court within its jurisdiction.
o This is done to ensure the correctness, legality, or propriety of any finding, sentence, or order,
and to check the regularity of the proceedings of the inferior Court.
o Upon calling for such records, they may direct the suspension of any sentence or order. If the
accused is in confinement, they may order the release of the accused on bail or on his own
bond pending the examination of the record.
Explanation:
o For the purposes of this sub-section and Section 398, all Magistrates, whether Executive or
Judicial, and regardless of whether they are exercising original or appellate jurisdiction, are
considered inferior to the Sessions Judge.
2. Restriction on Powers of Revision:
o The powers of revision granted by sub-section (1) cannot be used in relation to any
interlocutory order passed during any appeal, inquiry, trial, or other proceeding.
3. Prohibition of Multiple Applications:
o If a person has already made an application under this section to either the High Court or the
Sessions Judge, no further application by the same person will be entertained by the other
authority.

Power to Order Inquiry

Section 398

 Authority to Order Further Inquiry:

o Upon examining any record under Section 397 or through other means, the High Court or the
Sessions Judge may instruct the Chief Judicial Magistrate to conduct further inquiry.
o This can be done personally by the Chief Judicial Magistrate or by any Magistrate subordinate
to him.
o This directive applies to cases where a complaint has been dismissed under Section 203 or
sub-section (4) of Section 204, or in cases where an accused person has been discharged.

 Conditions for Directing Inquiry on Discharged Persons:

o No Court shall direct an inquiry into the case of a person who has been discharged unless that
person has been given an opportunity to present their reasons why such a direction should not
be made.
Sessions Judge's Powers of Revision

Section 399

1. Powers of Revision:
o In any proceeding where the record has been called for by the Sessions Judge, he may exercise
all or any of the powers that the High Court can exercise under sub-section (1) of Section 401.

2. Application of Provisions of Section 401:

o When a proceeding by way of revision is commenced before a Sessions Judge under sub-
section (1), the provisions of sub-sections (2), (3), (4), and (5) of Section 401 will apply to
such a proceeding.
o In these sub-sections, references to the High Court shall be interpreted as references to the
Sessions Judge.

3. Finality of Sessions Judge's Decision:

o If any person makes an application for revision before the Sessions Judge, the decision of the
Sessions Judge on that application shall be final.
o No further proceeding by way of revision at the instance of such a person shall be entertained
by the High Court or any other Court.

Powers of Additional Sessions Judge and High Court's Powers of Revision

Section 400: Power of Additional Sessions Judge

 Authority of Additional Sessions Judge:

o An Additional Sessions Judge possesses and may exercise all the powers of a Sessions Judge
under this Chapter.
o These powers apply to any case that has been transferred to him by a general or special order
of the Sessions Judge.

Section 401: High Court's Powers of Revision

1. High Court's Discretion in Revision:

o The High Court may call for the record of any proceeding, or take notice of it through other
means, and in its discretion, exercise any powers conferred on a Court of Appeal by Sections
386, 389, 390, and 391, or on a Court of Session by Section 307.
o If the Judges composing the Court of Revision are equally divided in opinion, the case shall be
resolved as provided in Section 392.

2. Opportunity for Hearing:

o No order under this section shall be made to the detriment of the accused or any other person
unless they have had the opportunity to be heard either personally or through a pleader in their
defense.

3. Limitation on Conversion of Acquittal to Conviction:

o The High Court is not authorized to convert a finding of acquittal into one of conviction under
this section.

4. Restriction on Entertaining Revisions:

o If an appeal is allowed under this Code and no appeal is brought, a revision proceeding shall
not be entertained at the instance of the party who could have appealed.

5. Treatment of Erroneous Revision Applications as Appeals:

 o If an application for revision is made to the High Court under the mistaken belief that no
appeal lies, and the High Court finds it necessary in the interests of justice, it may treat the
revision application as a petition of appeal and deal with it accordingly.

Powers of High Court to Withdraw or Transfer Revision Cases

Section 402

1. Decision on Jurisdiction for Revision Applications:

o When one or more persons convicted at the same trial apply for revision to the High Court,
and another person convicted at the same trial applies for revision to the Sessions Judge, the
High Court shall determine which Court should finally dispose of the revision applications.
o The decision is based on the general convenience of the parties and the importance of the
questions involved.
o If the High Court decides that it should handle all the applications, it will direct the transfer of
revision applications pending before the Sessions Judge to itself.
o Conversely, if the High Court decides it is not necessary to handle the applications, it will
direct the transfer of the applications made to it to the Sessions Judge.

2. Handling Transferred Applications by High Court:

o Any application for revision transferred to the High Court will be dealt with as if it were
originally made to the High Court.

3. Handling Transferred Applications by Sessions Judge:

o Any application for revision transferred to the Sessions Judge will be dealt with as if it were
originally made to the Sessions Judge.

4. Finality of Sessions Judge's Decision:

o If a revision application is transferred by the High Court to the Sessions Judge, no further
application for revision shall lie to the High Court or any other Court from the person whose
application has been disposed of by the Sessions Judge.

Option of Court to Hear Parties

Section 403

 Discretionary Hearing in Revision Proceedings:

o Except as expressly provided by this Code, no party has the right to be heard either personally
or by pleader before any Court exercising its powers of revision.
o However, the Court may choose to hear any party either personally or by pleader if it deems it
appropriate when exercising its revision powers.

Statement by Metropolitan Magistrate of Grounds of His Decision to be Considered by High Court

Section 404

 Submission of Grounds by Metropolitan Magistrate:

o When the High Court or Court of Session calls for the record of any trial conducted by a
Metropolitan Magistrate under Section 397, the Magistrate may submit a statement along with
the record.
o This statement should set forth the grounds of the Magistrate's decision or order and any facts
that he deems material to the issue.
o The High Court or Court of Session shall consider this statement before overruling or setting
aside the decision or order of the Metropolitan Magistrate.

High Court's Order to be Certified to Lower Court

Section 405

 Certification of Decision or Order:

o When a case is revised under this Chapter by the High Court or a Sessions Judge, the High
Court or Sessions Judge shall certify its decision or order to the Court that recorded or passed
the original finding, sentence, or order, as provided by Section 388.
o The Court to which the decision or order is certified must then make orders that conform to
the certified decision.
o If necessary, the record shall be amended to reflect the certified decision.

Aspect Revision Reference

To correct errors or irregularities in lower To seek the higher court's opinion on a
Purpose
court proceedings. specific question of law.
Exercised by higher courts (High Court or Made by lower courts (Sessions or
Jurisdiction
Sessions Judge) over lower courts. Magistrate) to the High Court.
Covers correctness, legality, propriety of Involves legal or constitutional questions
Scope
findings, sentences, orders. needing clarification.
Initiated by higher court itself or by an Initiated by the lower court encountering
Initiation
aggrieved party. a legal question.
Higher court can modify, reverse, or Higher court provides an opinion or
Power and Outcome
confirm lower court's orders. decision for lower court's guidance.
Sections 397 to 405 of the Criminal Sections 395 and 396 of the Criminal
Legislative Basis
Procedure Code (CrPC). Procedure Code (CrPC).
Outcome Lower court must follow the higher court's Lower court must follow the higher
Implementation order on revision. court's opinion on the legal question.
Ensures regularity and legality of lower Clarifies and interprets specific legal
Focus
court proceedings. issues or constitutional questions.

Aspect Revision Appeal Reference

To correct errors or To seek the higher
To challenge the correctness of a
Purpose irregularities in lower court's opinion on a
judgment or order of a lower court.
court proceedings. specific question of law.
Exercised by higher
Exercised by an appellate court (such Made by lower courts
courts (High Court or
Jurisdiction as High Court or Supreme Court) (Sessions or Magistrate)
Sessions Judge) over
over lower court decisions. to the High Court.
lower courts.
Covers correctness,
Comprehensive review of facts, law, Involves legal or
legality, propriety of
Scope and evidence to reassess the lower constitutional questions
findings, sentences,
court's decision. needing clarification.
orders.
Initiated by higher court Initiated by the lower
Initiated by an aggrieved party
Initiation itself or by an aggrieved court encountering a
against a lower court's decision.
party. legal question.
Power and Higher court can modify, Appellate court can affirm, reverse, Higher court provides an
Outcome reverse, or confirm lower or modify the lower court's decision, opinion or decision for
 Aspect Revision Appeal Reference
court's orders. or order a retrial. lower court's guidance.
Various sections depending on the
Sections 397 to 405 of Sections 395 and 396 of
nature of the case and court
Legislative Basis the Criminal Procedure the Criminal Procedure
hierarchy (e.g., Sections 374-379 of
Code (CrPC). Code (CrPC).
CrPC for criminal appeals).
Lower court must follow Lower court must follow
Outcome The lower court must implement the
the higher court's order the higher court's opinion
Implementation appellate court's decision.
on revision. on the legal question.
Ensures regularity and Clarifies and interprets
Reassesses the case based on facts
Focus legality of lower court specific legal issues or
and law to ensure a just decision.
proceedings. constitutional questions.

Order to Pay Compensation

Section 357
1. Application of Fine for Compensation:
o When a Court imposes a fine or a sentence (including a sentence of death) that includes a fine,
it may order the whole or part of the fine recovered to be applied as follows:
(a) To defray the expenses properly incurred in the prosecution.
(b) To pay compensation to any person for loss or injury caused by the offence, if
such compensation is recoverable in a Civil Court.
(c) To pay compensation to persons entitled to recover damages under the Fatal
Accidents Act, 1855, when the offence involves causing death or abetting such an
offence.
(d) To compensate any bona fide purchaser of stolen property if the property is
restored to its rightful owner, in cases involving theft, criminal misappropriation,
criminal breach of trust, or cheating, or receiving/retaining/disposing of stolen
property knowingly.
2. Conditions for Payment of Compensation:
o If the fine is imposed in a case that is subject to appeal, no payment shall be made until the
appeal period has elapsed, or if an appeal is filed, until the appeal is decided.
3. Compensation When Fine is Not Part of Sentence:
o When a sentence does not include a fine, the Court may order the accused to pay
compensation to the person who has suffered loss or injury due to the offence, specifying the
amount in the order.
4. Authority of Appellate and Revisional Courts:
o An order under this section can also be made by an Appellate Court, the High Court, or the
Court of Session when exercising its powers of revision.
5. Consideration in Civil Suits:
o Any sum paid or recovered as compensation under this section must be taken into account by
the Court when awarding compensation in any subsequent civil suit related to the same matter.

Victim Compensation Scheme

Section 357A
1. Preparation of Compensation Scheme:
o Every State Government, in coordination with the Central Government, shall prepare a
scheme to provide funds for compensating victims or their dependents who have suffered loss
or injury due to a crime and require rehabilitation.
2. Determining Quantum of Compensation:
o When the Court recommends compensation, the District Legal Service Authority or the State
Legal Service Authority will decide the amount to be awarded under the scheme.
3. Court Recommendations for Additional Compensation:
o If the trial Court concludes that the compensation awarded under Section 357 is insufficient
for rehabilitation, or in cases of acquittal or discharge where the victim requires rehabilitation,
it can recommend additional compensation.
4. Compensation for Untraced Offenders:
 o If the offender is not traced or identified but the victim is identified, and no trial occurs, the
victim or their dependents can apply to the State or District Legal Services Authority for
compensation.
5. Awarding Compensation:
o Upon receiving recommendations or applications under sub-section (4), the State or District
Legal Services Authority shall conduct an inquiry and award adequate compensation within
two months.
6. Immediate Relief:
o To alleviate the victim's suffering, the State or District Legal Services Authority may order
immediate first-aid or medical benefits free of cost, based on a certificate from a police officer
(not below the rank of officer in charge of the police station) or a Magistrate, or provide other
interim relief as deemed appropriate.

Section 357B
Additional Compensation for Certain Offences:
 The compensation payable by the State Government under Section 357A is in addition to any fine
imposed on the offender under Section 326A, Section 376AB, Section 376D, Section 376DA, and
Section 376DB of the Indian Penal Code.
Section 421: Warrant for Levy of Fine
Key Provisions:
1. Methods for Recovery:
o If the fine is not paid, the Court may issue a warrant for its recovery through:
 Attachment and sale of any movable property belonging to the offender.
 Recovery of the amount by the distress and sale of any movable property within the
district.
2. Imprisonment in Default:
o If the fine cannot be recovered through these means, the Court may order the offender to be
imprisoned.
Section 431: Money Ordered to be Paid Recoverable as Fine
Key Provisions:
 Money payable as compensation or costs under a Court order can be recovered as if it were a fine.

BAIL

Bail is always taken, not given

 Bail = release of accused
 Bond = document signed by accused or accused & surety
 Surety = person who ensures presence of the accused before the investigation / trial
 Bond = Bail bond (if it is signed by accused + surety both)
 Bond = Personal bond (if it is signed only by accused)
 Security = money that will be forefeited in case of failure of accused to comply with the conditions of bail

Pre-conditions for seeking bail

Anticipatory Bail- No Arrest OR F.I.R. may or may not have been registered
Police Bail- Person must be in police-custody before being forwarded to Magistrate
Judicial Bail- Person must be in custody; This custody may be police custody or judicial custody

Section 436: When Bail is to be Taken

 1. If a person (except someone accused of a non-bailable offense) is arrested or detained without a
warrant by the police, or appears before a court, they can be released on bail if they are willing to
provide it at any time while in custody or during court proceedings.
o The police officer or the court may release the person without requiring bail if they believe the
person is indigent (poor) and cannot afford to provide surety. In this case, the person would be
discharged on a bond without sureties to appear later.
o If the person cannot provide bail within a week of their arrest, it is presumed that they are
indigent for the purposes of this provision.
o This section does not override the provisions of subsection (3) of section 116 or section 446A.
2. If a person does not follow the conditions of their bail bond, such as appearing at the designated time
and place, the court may refuse to grant bail if the person appears in court again or is brought in
custody for the same case. This refusal does not affect the court's authority to demand the penalty from
any person bound by the bail bond under section 446.

Section 436A: Maximum Period for which an Undertrial Prisoner can be Detained

If a person has been detained during the investigation, inquiry, or trial of an offense (excluding offenses
punishable by death) and this detention period reaches half of the maximum imprisonment period specified for
that offense, the Court must release them on their personal bond, with or without sureties.

 The Court can decide to keep the person detained for more than half of the maximum period if the
Public Prosecutor is heard and reasons are recorded in writing. Alternatively, the Court can release the
person on bail instead of a personal bond.
 No person can be detained for longer than the maximum period of imprisonment specified for the
offense during the investigation, inquiry, or trial.
 When calculating the detention period for granting bail, any delays caused by the accused will be
excluded from the total detention period.

Section 437: When Bail May Be Taken in Case of Non-Bailable Offence

1. When a person accused or suspected of a non-bailable offense is arrested without a warrant by a police
officer or appears before a court other than the High Court or a Court of Session, they may be released
on bail except in the following situations:
o They should not be released if there are reasonable grounds to believe they committed an
offense punishable by death or life imprisonment.
o They should not be released if the offense is cognizable and they have been previously
convicted of an offense punishable by death, life imprisonment, or imprisonment for seven
years or more, or have been convicted on two or more occasions of a cognizable offense
punishable with imprisonment for three years or more but less than seven years.

Exceptions:

o The court can release such a person on bail if they are under sixteen years old, a woman, or
sick or infirm.
o The court may also release such a person on bail if it finds special reasons to do so.
o The need for the accused to be identified by witnesses during the investigation is not a
sufficient reason to refuse bail if the accused otherwise qualifies for it and undertakes to
comply with the court's directions.
o If the offense is punishable by death, life imprisonment, or imprisonment for seven years or
more, the court must give the Public Prosecutor an opportunity to be heard before granting
bail.
2. If, at any stage of the investigation, inquiry, or trial, the officer or court believes there are no reasonable
grounds to think the accused committed a non-bailable offense but there are grounds for further
inquiry, the accused should be released on bail or on a bond without sureties.
3. When a person accused or suspected of an offense punishable by up to seven years or more, or offenses
under Chapters VI, XVI, or XVII of the Indian Penal Code (including abetment, conspiracy, or attempt
of such offenses) is released on bail, the court must impose the following conditions:
o The person must attend court as per the bond conditions.
 o The person must not commit a similar offense while on bail.
o The person must not influence, threaten, or promise anyone related to the case or tamper with
evidence.
o The court may also impose any other conditions deemed necessary in the interests of justice.
4. The officer or court must record in writing the reasons for granting bail under subsections (1) or (2).
5. Any court that has released a person on bail under subsections (1) or (2) can order the person's arrest
and commitment to custody if necessary.
6. If a Magistrate's trial for a non-bailable offense does not conclude within 60 days from the first date of
evidence, the accused, if in custody, must be released on bail unless the Magistrate records reasons for
not doing so.
7. If, after the trial but before the judgment, the court believes there are reasonable grounds to think the
accused is not guilty, it shall release the accused on a bond without sureties for their appearance to hear
the judgment.

Section 438: Direction for Grant of Bail to Person Apprehending Arrest

1. If a person believes they might be arrested for a non-bailable offense, they can apply to the High Court
or the Court of Session for a pre-arrest bail. The court may then direct that the person be released on
bail if arrested.
2. When granting this pre-arrest bail, the court may impose conditions such as:
o The person must make themselves available for police interrogation when required.
o The person must not induce, threaten, or promise anyone related to the case to prevent them
from sharing information with the court or police.
o The person must not leave India without the court's permission.
o Any other conditions similar to those under subsection (3) of section 437 as if the bail were
granted under that section.
3. If that person is arrested without a warrant based on such an accusation and is willing to provide bail,
they shall be released on bail. If a Magistrate decides a warrant should be issued against the person, it
should be a bailable warrant in line with the court's direction.
4. This section does not apply to cases involving accusations of offenses under subsection (3) of section
376 or sections 376AB, 376DA, or 376DB of the Indian Penal Code, which pertain to certain serious
sexual offenses.

Section 439: Special Powers of High Court or Court of Session Regarding Bail
1. The High Court or Court of Session has the power to:
(a) Direct that any person accused of an offense and in custody be released on bail. If the offense is of
the type specified in subsection (3) of section 437, the court may impose any necessary conditions for
the purposes mentioned in that subsection.
(b) Set aside or modify any condition imposed by a Magistrate when releasing a person on bail.
Provisions:
o Before granting bail to a person accused of an offense that is either exclusively triable by the
Court of Session or punishable with life imprisonment, the High Court or Court of Session
must give notice of the bail application to the Public Prosecutor. This notice can be bypassed
only if the court records reasons why it is not practicable.
o Additionally, for offenses under subsection (3) of section 376 or sections 376AB, 376DA, or
376DB of the Indian Penal Code, the court must give notice of the bail application to the
Public Prosecutor within 15 days of receiving the application.
1A. The informant or an authorized person must be present at the bail hearing for offenses under subsection (3)
of section 376 or sections 376AB, 376DA, or 376DB of the Indian Penal Code.
2. The High Court or Court of Session can also order that a person who has been released on bail under
this Chapter be re-arrested and committed to custody.