Cox’s Bazar International University

An assignment on: “CrPC-1 Class

Topics”.
Course name: CrPC-1; Course Code: LAW 2402

Submitted by: Md. Shahajanul Hoque Chowdhury.

Student ID: 200130200554, Batch: 13th, Department of Law

Submitted to: Md. Nurul Amin Hoque

Lecturer, Department of Law

27/12/2021 CrPC-1 Mail: shajanchy@gmail.com

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CrPC-1: The Code of Criminal Procedure, 1898

FIR-RIRST INFORMATION REPORT

Meaning of FIR:
 FIR meaning “First Information Report”
 First Information of a Cognizable offence which is given by a person who is an
eye witness or well aware about the offence and that information is presented
before the police station as an application to take necessary legal action.
 According to section 154 of CrPC: when any information of any cognizable
offence is presented before the police station whether written or orally the
police officer (duty officer) will write down the information and read it to the
informant, after that the informant will sign that written document.
 Thereafter the police officer will fill up B. P. Form No. 27 as mentioned in the
Police Regulations Bengal, 1943 (Section 243)

Procedure of FIR:
 Every information relating to the commission of a cognizable offence if given
orally to an officer in charge of a police station shall be reduced to writing by
him or under his direction.
 Then the officer will then read the whole Information to the informant.
 If the information is the same as given by the informant the informant will sign
it as his approval.
 After then the police officer will fill up B. P. Form No. 27 as mentioned in the
Police Regulations Bengal, 1943 (Section 243).

Elements of FIR:

 Name of the Police Station.

 Name, Identity and address of the informant
 Name and other information of accused (If possible)
 Date and time of the crime
 Place of the Offence
 Name of the witness (if any)
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 Sign or Thumb impression of the informant

Some other information is not must in the FIR but shall provide a clear picture of the situation
and will be a great support during the trial. such as;

 If Filing of FIR is delayed; reason and explanation of that delay.

 Describing the incident step by step with time schedule.
 Any previous reference of enmity between the accused and the victim
 Medical report if already obtained, but do not wait for a medical report as it will
be collected by police during the investigation.
 Mention any other incident, connection, document, report if related to that
offence.

Police process after filling FIR:

 After filing the application via FIR this is becoming a GR (General Register) Case.
 At first police will take the accused in custody if they are already caught by the
informant or by general person (under section 59 of CrPC) and shall show them
arrest if they believe the story mentioned in the FIR.
 They will run their own investigation; talk with witnesses and take evidence like:
(doctors’ report, previous history, criminal record, previously logged GD etc
under section 154 of CrPC
 Then they will produce the accused and all evidence before the court (of
Magistrate) for his consideration.
 After that the case will be represented by the government via a public
prosecutor (govt. advocate) appointed by the government.
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FIR Example with Format:

To
The Officer-In-Charge
Bhola Sador Police Station
Bhola

Subject: Entry of an Ejahar.

Dear Sir,

I beg most respectfully to state that I am the undersigned Annor Khan, S/O Salam Khan, Village
– Banker Hat, Police Station – Bhola Sador, District – Bhola. I am a businessman of seasonal
goods. Today I Was returning from the weekly hat of Banker Hat with my son Salim Khan by
selling 10 mouns of rice. At 9 p.m. when we were near at Khaya Ghat in the light of the Moon
we saw some persons on the road ahead to us. When we came nearer to them 1. Hanif son of
Alif, 2. Dabir son of Khabir of Khaya Gaht along with 7/8 miscreants forcibly stopped us and
showed two big glassing swords and wanted what we had with us. We disagreed to deliver
anything to them. Then Hanif handed over one sword to Dabir and Dabir hit with that sword to
my son’s right hand and forcibly took my handbag from me. I had 48,000/- Taka (Forty-Eight
Thousand Taka) within the handbag that I got from selling rice in the hat. Hanif and Dabir
threatened us not to inform it to the police or others. They also threatened us if we would do
anything against their command our life will be ended forever. Then hearing our shouts and cry
some villagers named Suban, Kurban and others came and rescued us and took my son to the
nearest hospital. My son has been admitted in the Bhola Sadar Hospital and now he is under
treatment. I am late for a few hours to lodge the petition because of transferring my son to the
hospital. I, therefore, pray and hope that you would be kind enough to arrest and present the
above miscreants before the court of law for trial and punishments.

Date: 23-07-2019

I remain Sir

Annor Khan
S/O Salam Khan
Village – Banker Hat
Police Station – Bhola Sador
District – Bhola.
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The Stages of a Criminal Case: Pre-Proceeding Stage 1

There are four steps in pre-proceeding stage:

1. First step: Initiation of a criminal case

2. Second step: Reporting to the Magistrate
3. Third step: Investigation
4. Fourth step: Final report/ Charge sheet

1. First step: Initiation of a criminal case:

A criminal case can be initiated in one of the two ways:
I. Through filing a First Information Report (FIR) in case of cognizable (where
arrest without warrant is permitted) offence. See the sample FIR below:

If an officer-in-charge receives information about any cognizable offence from any of the below
four sources then he must record the same and this written record will be treated as FIR and a
FIR number or PS (police station) case number will be given. The sources are:

A. From an individual informant [section 154 of Code of Criminal Procedure (CRPC)]

B. From any other source such as phone call or by the police themselves or hearsay
(section 157 of CRPC)
C. From a magistrate who sends an offence already taken in cognizance (cognizable or non-
cognizable) to the police station for investigation and report [section 155(3) and 156(3)
and Regulation 245 of Bengal Police Regulation (PRB) 1943]
D. From a magistrate who sends a complaint upon acceptance to a police station for
inquiry (section 200 & 202 of CRPC)

1
https://barristermunim.wordpress.com/2012/06/12/criminal-practice-part-1-issue-i-the-stages-of-a-criminal-
case-pre-proceeding-stage/
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II. Complaint to Magistrate in case of cognizable and non-cognizable (where

arrest without warrant is not permitted) offence.

If a magistrate receives information about an offence from any of the below two sources, then,
upon examining the complainant on oath, he can either:

A. take cognizance [in this case the complaint is registered as CR (complaint registered)
case] or
B. dismiss or
C. order inquiry or investigation of the matter [in this case complaint is entered as a
petition simply known as CRP (Complaint Registered Petition)]

The sources for the magistrate to receive information in this case are:

A. From a police officer who forwards an informant to the magistrate in a non-cognizable

offence after making a general diary (GD) (section 155 and 200 of CRPC)
B. From an individual who complains to the magistrate about the commission of a non-
cognizable offence (section 200 of CRPC)

2. Second step: Reporting to the Magistrate:

 In case of FIR: The original copy of the FIR has to be sent to the Magistrate
through a police officer within 24 hours (section 157 of CRPC and regulation 246
of PRB 1943 (Volume-1). Upon receiving the FIR the case will be registered as a
GR case.
 In case of CR case: After a case is registered as CR case then no further reporting
to the magistrate as the case has been taken into cognizance. In case of CRP
case: After a case is registered as CRP case, then a report has to be given to the
magistrate upon inquiry or investigation. The Magistrate then can take the
offence in cognizance if he sees reason for proceeding and the CRP case then
turns to CR case.
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3. Third Step: Investigation:

- in case of a CR case: there is no third stage (i.e. investigation). Only
- in case of FIR or CRP case: there is investigation by the Police. In case of cognizable
offence: The police can investigate without the order of a Magistrate (section 156
CRPC)
- In case of non-cognizable offence: Order of a Magistrate is required (section 155
CRPC)

Please note the followings:

 Investigation under CRPC: It has to be conducted by an IO (investigation officer) or

anyone other than a Magistrate who has been authorised by a Magistrate for this
purpose (section 173 CRPC).
 Investigation under Special Powers Act (SPA) 1974: Only an officer not below the
rank of sub-inspector (SI) can investigate (section 27 of SPA). He will report to the
special tribunal which is the only body competent for this purpose.
 Maintaining case diary during investigation is mandatory for the investigating officer.
 Any person who is arrested during investigation has to be produced before a
Magistrate if investigation cannot be completed within 24 hours of arrest. This is
known as ‘forwarding’. In this case police may seek remand for the arrested person
for more interrogation.

4. Fourth Step: Final Report/ Charge Sheet:

A. Final Report: Upon investigation if no case of the offence is found then the police
give final report. It essentially releases an accused from custody or discharge him on
bail as no case of the offence allegedly committed has been found against him
(section 173 CPRC, Regulations 275-277 of PRB). Please note the following:
- The magistrate can accept or reject the report.
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- If he rejects the report he may order further investigation by the police (no new PS
number is given). He can also order inquiry and examine the complainant and take
the offence in cognizance.
- If he accepts the report then the informant being aggrieved can file a naraji petition.
Here the Magistrate upon examining the petitioner/complainant can issue process
upon the accused (i.e. proceeding of a case will start then) or direct inquiry by any
other Magistrate.2
B. Charge Sheet: Upon investigation if any case of the offence is found then the police
gives charge sheet by mentioning the name of those who have been formally
charged for the offence. It essentially recommends for prosecuting the offender
(Regulations 272-274 of PRB).
C. The final report or charge sheet has to be forwarded to the Magistrate empowered
to take cognizance of the offence (section 173 of CRPC).

ARREST3

Arrets:
Arrest meaning placing of a person in custody or under restraint, usually for the purpose
of compelling obedience to the law. If the arrest occurs in the course of criminal
procedure, the purpose of the restraint is to hold the person for answer to a criminal
charge or to prevent him from committing an offense. In civil proceedings, the purpose
is to hold the person to a demand made against him

Describing arrest with relevant section:

 Under sec -54 When Police arrest without warrant:

2
Syed Azharul Kabir v Syed Ehsan Kabir, 4 MLR (AD) 343
3
https://www.slideshare.net/SuganyaJeba/arrest-172948526
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Any police officer may: without an order from a Magistrate and without a warrant arrest.
Firstly, any person who has been concerned in any cognizable offence or against whom a
reasonable complaint has been made or credible information has been received, or a
reasonable suspicion exists of his having been so concerned.

Arrested without a warrant the following circumstances under the first Sub-clause of Section
54(1) of CrPC: 

 If he concerned in any cognizable offence.

 Against whom a reasonable complaint has been made.
 Against whom credible information has been received that he is concerned without
commission of such offence.
 If reasonable suspicion exist about him being so concerned.
- Under the provisions contained in the Cr. PC that once a person concerned or
suspected to have committed a cognizable offence is arrested by a police officer it
is expected of him that he would complete the investigation without any loss of
time and at least complete the investigation within 24 hours of his arrest as laid
down in Section 61 of Cr.P.C.
- Under Section 62 of Cr.P.C. every public officer in charge of police station is
required to report to the concerned District Magistrate or if directed by him to
the Sub-Divisional Magistrate about the arrest of person without warrant within
their territorial limits.

Insertion of a new Section 59-A:

 Right to have some one informed when arrested.

 Where a person is held, in custody in a Police Station or other premises, he shall be
entitled to have a friend or relative or other persons who is known to him or who is
likely to take an interest,
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 A Police Officer not below the rank of Superintendent of Police may only authorise
delay where he has reasonable grounds of believing that telling to the named person
of the arrest shall:
 lead to interference with or harm to the evidence connected with a cognizable
offence or interference with or physical injury to other persons; or
 lead to alerting of other person suspected of having committed such an offence but
not yet arrested for it; or
 hinder the recovery of any property obtained as a result of such an offence.

Method of arresting women: 4

 Procedure of arrest of a woman: S. 46 (4) CrPC, inducted by the virtue of S.
6 of Criminal Amendment Act, 2005, provides for the basic procedures regarding
the arrest of a woman. It reads as mentioned hereunder:
- No women shall be arrested after sunset and before sunrise, and where such
exceptional circumstances exist, the woman police officer shall, by making a
written report, obtain the prior permission of the Judicial Magistrate of the first
class within whose local jurisdiction the offence is committed or the arrest is to be
made.
- The arrest of a woman shall be made by a woman police officer.
 Search procedure:
Search of the arrested person along with his place of residence or dwelling is an
important part of the procedure of arrest. The process of executing search has been
mentioned U/s (47, 51), CrPC with separate provisions there for women. Search by
the authorities executing arrest can be classified into two heads, namely:
 Search of person: U/s 51, CrPC, whenever an arrested person is searched by
a police officer, the articles seized from the former shall be placed in safe
custody and a receipt showing the seizure of such articles shall be given to him
by the latter.

4
http://www.legalservicesindia.com/article/1172/Guidelines-on-Arrest-of-Women-&-Judicial-Officers.html
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Under the provisions of S. 51(2), CrPC: Whenever it is necessary to cause a

female to be searched, the search shall be made by another female with strict
regard to decency.
 Search of place:
In case of a police officer executing an arrest or any other person executing a
warrant of arrest, he has the authority to search any premises for the same, and
the owner of such premises shall allow his unrestricted entry into the premises
and help him to conduct the search in every way possible.

However, the proviso to S. 47(2), CrPC holds that the police officer or any other
person executing the arrest warrant comes to know that the premises to be
searched is the original residence of a woman, who according to custom, does
not appear in public, such person or police officer shall furnish a notice to that
woman regarding her liberty of withdrawal, before initiating the search.
 Rights granted to a woman during arrest:
 A woman has the right to information regarding the grounds on which she has
been arrested under Section 50(1) of Cr.P.c
 She has the right to inform her friends and relatives about the arrest,and the
police in charge is bound to disclose the informations related to arrest, as per
Sec 50A of Cr.P.C.
 The police in charge should also inform the arrested person about her rights.
 She should be informed about the right to bail also it is noteworthy to mention
that on case of non-bailable offences, a woman or a minor can still plead for a
bail. Sec 50(2) of Cr.P.C.
 A woman has the right of being produced before the magistrate without any
delay – It is not legal to put an individual in detention for a period of more than
24 hours without prior orders from the Magistrate.Sec 56 of Cr.P.C
 A woman has the right of not being detained for the time duration of not more
than twenty-four hours. Sec76 of Cr.P.C.
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 A woman has the right to consult to a legal practitioner of her choice.

 manhandling and handcuffing is illegal for women.
 The search for the woman to be arrested can only and exclusively be done by a
female police officer. And that too in a manner which is very decent also the
arrested woman.
 Women should be kept in female lock ups which is separated from men.
 No male police officer can be made to search for a female offender.
 A woman has the right of being examined by a female medical practitioners
accompanied by pre-natal and post-natal care.

As per Sec 53(2) of Cr.P.c and according to the 10 Basic Standards for Law
Enforcement Officials proposed by Amnesty International-

 A woman has the right to legal aid and a fair trial.

 The arrest of female should be avoided during the time which is before 6am and
after 6pm (After sunset to before sunrise).
 A woman shall only be called to the place where they reside and not anywhere
else for the questioning and also the time for inquiry shall be chosen by the
arestee.
 The arrest of pregnant women must be avoided,it should been chosen as a last
resort ensuring the safety of the foetus .
 A female arrestee when arrested for non-bailable offence, despite the offence
being serious (death penalty), court can release her on bail. (Sec.437, Cr. P.C)
 Should be kept in female lock ups which is separated from men. No male police
officer can be made to search for a female offender.
 A woman has the right of being examined by a female medical practitioners
accompanied by pre-natal and post-natal care.

Method of arresting child:

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According to Section 4 of Children Act - 2013 and consistent with UN Guidelines, the
child is the person up to an age of 18 years. According to S 4 of BCA-2013, a Child means
someone who is up to 18 years of age.
- Minimum age of criminal responsibility is 9 years according to S 44.
- As part of investigation procedure under S 46, it is mandatory for Child Affairs
Police Officer (CAPO) to ascertain the age of the child.
- Probation Officers are to be appointed in Police Station (S 5 & 6).
- In addition, there are provisions for the appointment of CAPO as In charge of
Child Affairs Desk at every Police Station (S 13 & 14).

- According to S 15, where a child is involved in any offence with an adult, separate
charge sheets are to be filed.
- As per S 16, Children’s Courts are to be established in all District.
- As per S 17(2), the Children’s Court will hear cases of both child & adult
separately on same days until the trial is concluded.
- S 22 provides for the presence of the accused child in the Children’s Court during
trial as his right.
- S 23 identifies family members & officials who may be present in the court during
trial.
- S 28 stipulates the confidentiality issues that child’s name and photographs
should not be made public without court’s permission.
- S 31 requires that the Probation Officer should submit a social enquiry report
within 21 days of production of child in court.
- S 32 provides that the trial should normally conclude within 360 days.

Detention & Punishment Restriction Issues:

- Restriction in punishment and related aspects are given in S 33, 34, 35 and 36.
- No child shall be sentenced to death, imprisonment for life or imprisonment.
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- Exception may be when child has committed a serious offence for which the
punishment provided by Act - 2013 is not sufficient or the court believes that the
child is so unruly and of depraved character that he cannot be sent to a certified
institute.
- Where a child is found guilty of an offence punishable with death or
imprisonment for life, the Children’s Court may order the child to be detained in a
Child Development Centre for a period not less than 3 and not more than 10
years.
- If a child is found guilty of an offence not punishable with death or imprisonment
for life he may be ordered to be detained in a Child Development Centre for up to
3 years.
- A child changed positively and who has not been charged with heinous or serious
offences may be considered for his release when he reaches the age of 18 years.
- Where the child is charged with heinous or serious offences and is still under- trial
when attaining the age of 18 years, he may be transferred by the Child
Development Centre to the Central or District Jail subject to approval of the
Children’s Court.
- If a child is above 18 by the time the trial finishes, the Children’s Court shall send
him directly to the Central or District Jail.
- S 37 of the new law has provisions for the settlement of dispute and payment of
compensation to the victim child have been mentioned in S 38 and 39.
- According to S 41, appeal or revisions are to be disposed of within 60 days.
- S 42 stipulates that when any provision does not exist within this law, the
provisions of the Code of Criminal Procedure shall be followed.
- S 43 provides that for child accused under this Act, S 75 of the Penal Code 1860 &
S 565 of Cr.P.C. 1898 shall not be applicable and such finding of guilt shall not
cause him to be disqualified for employment or elections.
- The court may release the child on bail with or without surety, whether or not the
offence alleged is bailable or non-bailable.
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- Bail may be granted on the bond of the child concerned or of the child’s parents /
guardian or Probation Officer or any institute or association whom the court
considers appropriate, with or without surety.
- In cases where the child is not released on bail, the Children’s Court must give its
reasons for refusing bail.

Arresting foreign citizens:

 If any foreign person illegally stays in Bangladeshi territory, then police can arrest
them without no harm under Foreign Act 1946 and the are send to their own state
within 2 months according to Vienna Convention of consular regulations 1963.
 After arrest they will get right to access with their own consular. If not get right to
access with their own consular then it will be handled under Vienna Convention of
consular regulations 1963.
 Diplomat will get immunity From Arrest.

Method of arresting public representative:

 Public representatives are not directly arrested by police, if any warrant issued
under section 80 CrPC then they will get 2 months time for reasonable explanation
under evidence act 1974 act no 7.
 Under section 81 of CrPC if any warrant issued by court, then they will get special
immunity but court can make decrees for seizing their properties.

Rights after arrest under constitution & other provision:

 Under Article 31 of Bangladesh constitution - The right to seek legal protection.
 Under Article 32 of Bangladesh constitution - the right to life and liberty.
 Under Article 35 of Bangladesh constitution - Right to get justice independently. In
no way cruel and inhuman torture not to be done in the name of justice after arrest.
 Under CrPC 61- Give the opportunity to defend yourself and give the opportunity to
meet with the nominated lawyer.
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 Under CrPC section 496 & 15 DLR section 429- The right to bail should be granted in
case of bailable offenses.
 Under 20 DLR- right to make Appeal by Convicted person for a cognizable offence
will be counted as a right to get bail.
 Under CrPC section 497(1)- With some reasonable ground and conditions accused
under the age of 16, women, distressed and disabled person will get right to bail for
non-cognizable offence.
 Aged, sick and women are not allowed to kept handcuffing.
 Under CrPC section 171- witness who are arrested not to be kept by handcuff.
 Under PRB Roll 330- handcuff not to be used more than two accused persons.
 Under CrPC section 52 & 102(3)- searching for a women will must be done by female
women police with most decency.
 Accused Women must keep in separated lock up at police station.
 After sunset and before sunrise no women will be arrest.
 Under CrPC section 51 police will safely protect goods which seized from accused
and will include it to GD and the accused has right to get one of this copy.
 Accused has right to get proper medical treatment.
 Under PRB roll 333- accused will get a 36sft jail room.
 Under CrPC section 162- remand should not be exceed 15 days for an accused.
 Under 164 accused are not to bound to make judicial confession and give minimum
3 hours to make it if accused want to make it.
 Under section 173(4) CrPC- accused has right to get all documents which related
with the case.
 Under section 371 of CrPC – court will bound to provide decree or order copy to
convicted if demand.
 Under the child act 1974, section 6 -In same court child who are below 16 are not
allowed to run with adult.
 Under section 374 of CrPC – dead sentence for a convicted will not be make without
the prior permission of HCD
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 Convicted person will make appeal against lower court judgment to Higher court.
 Defendant and plaintiff both have right to get information about witness.

REMAND5

Remand:
Section 167 of Cr. P.C authorizes the detention of any person by the police beyond 48
hours up to maximum of 15 days subject to the orders of a Magistrate in cases where
police are unable to complete the investigation within 24 hours of the arrest.

Types of Remand:
 Police Remand or Physical Remand:
Section 167 of the Code of Criminal Procedure (CrPC) 1898 sheds some light on the
matter but other sections including Sections 61, 62 and 173 of CrPC are also
relevant. According to Section 167, when the investigation of an offence cannot be
completed within twenty-four hours, the accused is to be produced before a First-
Class Magistrate who may order remand as deemed necessary. The Magistrate is
authorized to give remand irrespective of whether he or she can try that case.
Remand can also be given by the Magistrate in murder cases.
Physical remand can be granted multiple times but the aggregate amount should
not exceed 14 days plus an additional 3 days, if necessary. The Magistrate is bound
to record reasons for passing an order of remand while considering all conditions
and circumstances and must also send a copy of the order to the Sessions Court.

 Judicial Remand:

https://www.academia.edu/10636039/ARREST_REMAND_AND_TORTURE_IN_BANGLADESH_SEEKING_EFFECTIVE_
REMEDIES
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Under Section 344 of the Code of Criminal Procedure 1898, an accused can get
remanded by the judiciary and be sent back to jail. This order is granted by criminal
courts where some cases may be pending. This order can be given by a Magistrate,
Court of Sessions and High Court. There is no fixed duration for judicial remand. It is
not subject to any time limit and continues as long as the case pending before the
court. Judicial remand is effective only when the accused is in custody. According to
Section 344 of the CrPC, a criminal court can: postpone proceedings; adjourn
proceedings; and remand an accused to detention if the accused is in custody.The
court can postpone proceedings on the basis of:
- absence of a witness; and
- any reasonable cause.
If an accused has faced police interrogation, physical remand can be secured
against him. If remand has expired, the accused in custody is transferred to the
court. The court cannot keep him on court premises. The accused would be kept in
district jail under judicial remand if there is no trial. Trial must be based on a police
report or complaint. This can be a reasonable cause for postponement of
proceedings and giving the order for judicial remand. There is a technical difference
between postponement and adjournment. Postponement means that a trial cannot
be commenced against the accused. Adjournment refers to putting it off.

Judicial remand is effective only when the accused is in custody. If the accused has
already been discharged or released on bail, then an order for judicial remand
would not be possible under Section 344 of the Code of Criminal Procedure 1898.

How to seek Remand:

 Remand application:
To obtain physical remand, an application has to be filed by police officials
before a Magistrate. This application is called ‘parcha’ remand. In this remand
application, the police request the court for remand for a certain period of time.
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Depending on the circumstances of the case, the court may grant remand as
demanded by the police or deny it.

 Power of the court to give remand:

A First-Class and Section 30 Magistrate can give an order of remand. The
Sessions Court, High Court, Second-Class Magistrates and Third-Class Magistrates
are not authorized to give an order of remand. A Second-Class Magistrate can
give the order of remand if authorized by the provincial government.

Right of accused held in remand:

An incorrect perception regarding physical remand is that the accused will be
tortured by the police in order to obtain information relating to an offence. The
accused has certain rights in police custody, including the right to:
 get legal assistance;
 communicate with relatives;
 receive medical assistance if sick; and
 remain silent.

Remand Report under sec 167 of CrPC:

 The provision of Section 167 Cr. P.C. being in the nature of an exception and also
amounting to put restriction on the right of personal liberty granted under the
constitution has to be very strictly construed and unless all the requirements of
section are complied a remand can not be granted.
 It will be noticed that the production of an accused person under custody of a
police officer along with entries made by them in the diaries, before a Magistrate
is mandatory requirements of law.
 The purpose behind production of a person before the Magistrate for obtaining
remand is that he can notify to the Magistrate if any excess has been committed
against him by the police officer in violation of provision contained in Section 50
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or 53 of Cr.P.C. or any other illegal action taken by police for the purpose of
extorting confessions or any other act.
 When a Magistrate grants remand to Police or judicial custody of an accused
person under Section 167(1), Criminal Procedure Code, he is required by its Sub-
section (4) to forward a copy of such order with his reasons to the Sessions
Judge.
 A District Magistrate is to be informed of apprehensions of persons by Police in
exercise of their powers under Section 54, Criminal Procedure Code while a
Sessions Judge has to be kept informed by Magistrates who allow remand of
person for the purpose of investigation beyond a period of 24 hours.
 A Sessions Judge too like a District Magistrate as pointed out hereinabove is
expected to keep vigilance on exercise of such powers by Magistrate.
 That the SHO is required to send on daily basis a report to their judicial
Magistrates reflecting the names and addresses of persons who although not
nominated in FIR have been detained in exercise of power under Section 54 of
the Cr.P.C.
 Before the Magistrate for obtaining remand is that he can notify to the
Magistrate if any excess has been committed against him by the Police in
violation of provision contain in Sections 50 or 53, Criminal Procedure Code or
any other illegal action taken by Police for the purpose of extorting confessions
or any other act.
 All the judicial Ilaqa Magistrates are directed to obtain case reports on a daily
basis from the respective police station under this control the session judges are
also to be burdened because of their supervisory role

Duration of Remand:
Provisions are laid down in section 163 of the CrPC which are as follows:
- not more than 18 days in a whole in police custody or jail custody
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How to conduct and interview of the accused?6

The first step is to conduct interviews designed to elicit as much information as possible.
The more information you can draw out of each witness, the easier it will be to figure
out what happened and why. The interviewing tips that follow will help you elicit the
most useful responses, even from the reluctant or contentious witness.
 Keep an Open Mind: As an investigator, your job is to avoid making assumptions.
No matter how serious the problem or how straightforward the situation appears to
be, don't reach any conclusions until you have gathered and evaluated all the facts.
 Ask Open-Ended Questions: Your goal when conducting an interview is to get as
much information as possible. The best way to accomplish this is to ask open-ended
questions. If you ask questions that suggest the answer you want to hear or questions
that call only for a yes or no answer, you will be doing all the talking. Instead, ask the
witness what he or she heard, said, or did, and why.
 Start With the Easy Questions: The better course of action is to start with basic
background questions about the employee's job, coworkers, daily schedule, and so on.
You'll have to get to the tough questions eventually, but starting with a few softballs
will put the employee at ease and give you the opportunity to ask about seemingly
unimportant details that could prove very significant to your investigation. It will also
help you get a sense of the employee's demeanor and body language when he or she is
comfortable and telling the truth.
 Keep Your Opinions to Yourself: As your investigation progresses, you will
inevitably start to develop some opinions about what really happened. Some witnesses
might be afraid of contradicting your version of events; others might feel there is no
point in explaining what really happened if you have already made up your mind. In the
worst-case scenario, a witness might believe you are conducting an unfair or biased
investigation and challenge the outcome in court.
 Focus on the Facts: Some witnesses might describe another person's motivations or
thoughts, relate rumors as if they were known facts, or exaggerate. Your job is to
6
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separate the wheat from the chaff—that is, to isolate fact from opinion—then find out
the basis for the witness's story.
 Find Out About Other Witnesses or Evidence: Always look for leads. Ask every
person you interview whether they know of other witnesses or physical evidence
relating to the incident. If the witness is the accused or complaining employee, ask
whether anyone else saw or heard the incidents in question. Ask whether they told
anyone about the incident when it happened. Find out if they took any notes about the
problem or if any workplace documents- emails, memoranda, or evaluations, for
example-relate to the incident.
 Ask About Contradictions: Sometimes, one witness contradicts what another has
said. The best way to deal with these inconsistencies is to ask about them directly.
Once you get down to specifics, you may find that everyone agrees on what happened,
but not on whether it was appropriate.
 Keep It Confidential: Complaints can polarize a workplace. Workers will likely side
with either the complaining employee or the accused employee, and the rumor mill will
start working overtime. Worse, if too many details about the complaint get out, you
may be accused of damaging the reputation of the alleged victim or alleged wrongdoer.
 Document Your Interviews: Take notes during every interview. Include the date,
time, and place of each interview, the name of the witness, and whether anyone else
was present. Don't just record the witnesses' conclusions; include all the important
facts that the witness relates or denies, using the witness's own words whenever
possible. These notes will help you remember what each witness said later, when you
are making your decision. They will also help you defend your investigation in court, if it
is challenged as biased or incomplete.

Evidential value of “Judicial Confession”:7

 Judicial confession:

7
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 Judicial confessions are those which are made to a judicial magistrate under
section 164 of Cr.P.C.
 Before the court during committal proceeding or during trial.
 To prove judicial confession the person to whom judicial confession is made
need not be called as witness.
 Judicial confession can be relied as proof of guilt against the accused person if it
appears to the court to be voluntary and true.
 A conviction may be based on judicial confession.

 Value of judicial confession: A case where there is no proof of corpus delicti must
be distinguished from another where that is proved. In the absence of the corpus
delicti a confession alone may not suffice to justify conviction.
A confessional statement made by the accused before a magistrate is good evidence
and accused be convicted on the basis of it. A confession can obviously be used
against the maker of it and is in itself sufficient to support his conviction. Rajasthan
High Court has also held that the confession of an accused person is substantive
evidence and a conviction can be based solely on a confession.
If it is found that the confession was made and was free, voluntary and genuine
there would remain nothing to be done by the prosecution to secure conviction. If
the court finds that it is true that the accused committed the crime it means that the
accused is guilty and the court has to do nothing but to record conviction and
sentence him. No question of corroboration arises in this case. Normally speaking it
would not be quite safe as a matter of prudence if not of law to base a conviction for
murder on the confession of the alleged murder by itself and without more. It would
be extremely unsafe to do so when the confession is open to a good deal of criticism
and has been taken in the jail without adequate reason and when the story of
murder as given in the confession is somewhat hard to believe. This observation was
made by the Supreme Court and therefore it cannot be said to be a good law in the
case of judicial confession.
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Now the settled law is that a conviction can be based on confession only if it is
proved to be voluntary and true. If corroboration is needed it is enough that the
general trend of the confession is substantiated by some evidence which would tally
with the contents of the confession. General corroboration is enough.

What is the “Extra-Judicial Confession”:

 Extra-judicial confessions:
Are those which are made by the accused elsewhere than before a magistrate or in
court. It is not necessary that the statements should have been addressed to any
definite individual. It may have taken place in the form of a prayer. It may be a
confession to a private person. An extra-judicial confession has been defined to
mean “ a free and voluntary confession of guilt by a person accused of a crime in
the course of conversation with persons other than judge or magistrate seized of
the charge against himself. A man after the commission of a crime may write a
letter to his relation or friend expressing his sorrow over the matter. It also includes
a magistrate not empowered to record confessions under section 164 of the Cr.P.C.
or a magistrate so empowered but receiving the confession at a stage when section
164 does not apply.
 Extra-judicial confession are those which are made to any person other than
those authorized by law to take confession.
 It may be made to any person or to police during investigation of an offence.
 Extra-judicial confession are proved by calling the person as witness before
whom the extra-judicial confession is made.
 Extra-judicial confession alone cannot be relied it needs support of other
supporting evidence.
 It is unsafe to base conviction on extra-judicial confession.

 Value of extra-judicial confession:

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Extra-judicial confessions are not usually considered with favour but that does
not mean that such a confession coming from a person who has no reason to
state falsely and to whom it is made in the circumstances which support his
statement should not be believed.
The evidence of extra-judicial confession is a weak piece of evidence. The extra-
judicial confession must be received with great case and caution. It can be relied
upon only when it is clear, consistent and convincing. The court has to decide
whether the person before whom the admission is said to have been made are
trustworthy witnesses. The extra-judicial confession is open to the danger of
mistake due to the misapprehension of the witness before whom the confession
was made to the misuse of the words and the failure of the party to express his
own meaning. This is also open to another sort of danger. There being no record
and there being no sanction behind it is very easy for the prosecution to catch
hold of any witness who may come and depose that the accused admitted his
guilt in his presence on some particular time. Due to those reasons it is very
dangerous for the courts to base conviction on the sole basis of extra-judicial
confession. Usually and as a matter of caution courts require some material
corroboration to an extra-judicial confession statement corroboration which
connects the accused person with the crime in question.
Extra-judicial confessions have to received with great caution and care and when
the foundation of the conviction is the confession alleged to have been made by
the accused there are three things which the prosecution must establish. First,
that a confession was made, secondly, that evidence of it can be given that is to
say that it was voluntary and thirdly that it is true. Such a confession must be
proved by an independent or satisfactory evidence.
CASE LAW: In State of Karnataka v. A.B.Nag Raj there was allegation that the
deceased girl was killed by her father and step-mother in the National park. The
alleged extra-judicial confession was made by accused during detention in forest
office. No mention of said confession in report given to police nor any witness
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present there mentioning about the same confession. This extra-judicial

confession cannot be relied on. Before relying on extra-judicial confession, it
must be considered whether the confession was really made. It should also be
considered as to why the accused reposed confidence in the witnesses stating
about the confession. It was alleged that the accused made confession to a
witness who was the widow of one of the conspirators and was helping her
husband in making spears and other weapons. It was held that the confession
was not reliable.

OFFENCE

Offence:
 Social harm that the law makes punishable; the breach of a legal duty treated as
the subject matter of a criminal proceeding.
 “An unlawful act or default which is an offence against the public and renders
the person guilty of the act or default liable to legal punishment.”
 A public wrong & it is an offence against the community which is punishable by
law.
 Offence under Section 40 of Penal Code: Any act/omission made punishable by
any law for the time being in force.
Cognizable offence:
 An offence in which a police officer may ordinarily arrest without warrant.
 More serious in nature.
 Offences punishable with imprisonment for 3 years more.
 Police officer can investigate the case without obtaining an Order to Investigate.

Non cognizable offence:

 An offence in which a police officer may not ordinarily arrest without warrant.
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 Less serious in nature.

 Offences punishable with imprisonment less than 3 years.
 Police officer cannot investigate the case without obtaining an order.
Bailable Offence:
 Accused is entitled to be released on bail.
 The right of the accused to be released on bail.
 Less serious in nature.
 Generally, offences punishable with imprisonment less than 3 years.

Non Bailable Offence:

 Accused may not be released on bail
 The accused has no right to be released on bail
 The accused may be released on bail subject to the court’s discretion
 More serious in nature
 Generally, offences punishable with imprisonment more than 3 years

Unbailable Offence:
 Accused is not allowed bail.
 The court has no discretion to grant bail.

TIP- TEST IDENTIFICATION PARADE 8

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Purpose of the Test Identification Parade: It is a process that is mostly used in

criminal cases to identify the accused before the court. The role of the witness is very
important in the test identification parade because it is the responsibility of the witness to
identify the accused through the parade.
The idea of this process is to check whether the witness can identify the accused among
the various several individuals. This will establish the fidelity of the witness in identifying an
unknown person related to the context of the offense. Law enforcement often uses this
mechanism to establish the credibility of the witness and it is mostly used in cases where
the witness has never seen the accused except on the crime scene.

Law governing the Test Identification Parade: Section 9 of the Indian Evidence Act,
1872 and Section 54A of the Code of Criminal Procedure, 1898 deal with the procedure
and the legality of the Test Identification Parade.

Procedure to Follow:
 As mentioned above Witness plays an important role in the Test Identification Parade
when the witness informs the Officer in Charge that he can identify the accused or
other persons connected with the offense then the officer in charge will arrange for the
Test Identification Parade.
Officer In-charge should ask the following questions to the witness to create nearly the
same environment in which the witness has seen the accused and should mention it in
the case diary. These questions are:
 Accused description.
 The extent of prevailing light at the time of the offence (daylight, moonlight,
flashing of torches, burning kerosene, electric or gas lights, etc).
 Details of opportunities of seeing the accused at the time of the offense; anything
outstanding in the features or conduct of the accused which impressed him
(identifier).
 distance from which he saw the accused.
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 The extent of time during which he saw the accused.

 Officer in charge or any other police officer should be expunged from the real Test
Identification Parade.
 The judicial Magistrate shall commence the Test Identification Parade.
 If Judicial Magistrate is not available then arrange for two or more respectable
members of the society. But these Officer in charge has to make sure that these people
don’t have any link to the accused or any witness.
 An identification parade should be commenced immediately after the arrest of the
accused without any delay.
 If a case has more than one accused and only one or few accused got arrested then the
identification parade of the arrested accused shall be arranged don’t postpone the
parade. And as the remaining accused got arrested Identification parade should be
arranged for them as well.
 Inform the accused person that he/she will be put up for the Identification Parade.
 Witnesses or Witnesses should be kept out of the sight of the accused. And make sure
that witness and people standing for the parade has no mode of any communication or
signals.
 Accused should be mingled with the different look-alike in the ratio of 1:5 or 1:10 and
they all should stand in a line.
 In the case of many witnesses, they should be call one by one and asked to point out
the accused if any.
 There should be a complete record of the proceeding even the mistake committed by
the witness or the witnesses in identifying the accused. 
 Care should be taken that the two-witness won’t mingle with each other. Especially if
identification is already done by one witness and another witness is still yet to go for
identification. This will beat the whole purpose of the Identification Parade.
 If officials doubt that witnesses had talked to each other then they have to reshuffle
the whole parade and the accused is made to take different positions.
 If the accused has any objection while the parade it should be well recorded.
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 After the Test Identification Parade is over a duly sign certificate must be given by the
Magistrate who has conducted the Parade.
 Because identification is done in jail jailor should be informed about the Identification
Parade on the admission of the suspect.
 And clear instruction should be given to the jailor to not change the appearance of the
admitted accused or his clothes before the identification parade.
 If the witness is injured then the officer should take written permission from the
concerned medical authority before bringing the witness for the Test Identification
Parade to identify the assailant.
 If permission is given by the medical authority, then the officer should arrange the
transport of the witness immediately. 
 If the witness is not fit and cannot be taken to the nearest court, police station, or jail
then the Identification Parade can be organized on the premises of the hospital.
 If the witness is declared unfit to be present at the Identification Parade, then the
Officer In-charge should wait until the medical authority gives the proper certificate
that the witness is fit for the identification parade.
 And if the witness can’t attain the parade and identify his assailant because he is unwell
then the officer in charge should submit the evidence which suffices the reason why
the parade can’t be held.

Process after Test Identification Parade is finished:

 After the Identification Parade of person or property is over it should be verified and
ensured by the investigation officer that the proceeding of the parade matches the
details recorded by him/her in the case diary.
 The Investigating Officer should remember that the Magistrate who recorded the
Identification Parade of the accused person is cited as a witness in the memo of
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evidence to speak about the conduct of the Identification Parade and to mark the
report of the parade.

Evidential Value of Test Identification Parade:

Identification of the accused by the witness in the Test Identification Parade is a shred of
primary evidence but not substantive evidence it is used to support the identification of the
accused by the witness in a court of law. On the other hand, if the witness identifies the
accused in the court of the law, then it is substantive evidence. Interestingly if the Test
Identification Parade is not held earlier and the witness identifies the accused for the first time
in the court of law then the Identification Parade is no longer required if the court found it
trustworthy.

The general rule is that the witness identifying the accused in the court alone is not the basis of
the conviction of the accused unless it is ratified by the previous Test Identification Parade. But
there are some exceptions to this rule.
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Bibliography
1. https://barristermunim.wordpress.com/2012/06/12/criminal-practice-part-1-issue-i-the-stages-
of-a-criminal-case-pre-proceeding-stage/
2. Syed Azharul Kabir v Syed Ehsan Kabir, 4 MLR (AD) 343
3. https://www.slideshare.net/SuganyaJeba/arrest-172948526/
4. http://www.legalservicesindia.com/article/1172/Guidelines-on-Arrest-of-Women-&-Judicial-
Officers.html
5. https://www.nolo.com/legal-encyclopedia/conducting-investigation-interviews.html
6. http://www.legalservicesindia.com/article/1547/Confession-under-Indian-Evidence-Act.html
7. http://www.legalservicesindia.com/article/1547/Confession-under-Indian-Evidence-Act.html
8. https://blog.ipleaders.in/understanding-test-identification-parade/