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    CRPC Singhal Dukki

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    Rishi Dubey

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    | Fit Edn 22012 Reeint Eaton 2019 Reprint Bain 204 Sond Editon 2016 on 2018 Tle Editon 2019 lly Revised and Units! Reprint 52000 © All rights reierved © 330/- Published by ‘Singhal Law Publications Law Book Sellers & Publishers ‘A-2/157, Bhagat Colony, Sant Nagar, Dethi-110 084 ‘Mobile: 9810486750, 9910188323 Sole Distribuors : ‘M/s Universal Book Traders 80, Gokhale Market, ‘Opp. Tis Hazari Court, Delbi-110054 Ph, 011-2391 1966, 23961288, 23991487 [No part of this publication can be reproduced or transmitted in any form or by any ‘means, without prior permission of the publishers. Disclaimer : Zhis book i beng sold onthe condition tha the information Contained herein s merely forguance and reference and oo Be an as a ‘athriy or being binding n any way on he autor. editor), publshers and sels who do nor owe any responsibly or labiliy whatever for an las lamage or dsires caused t ary person for raking or not taking any action on the basis of formation cantante book Restrs ore abe ver the ness of information rom the relevant books onthe ube correctness of answers or i ots onthe subiece. Despite reasonable care being faken, errors or omissions may : aie pe tunla ae oeeeeer t fr gorectons in far dons The publhr Hal lined ro replacement Of the book n case of ining defo, morn oy ising pages. ee. ihn a man OF the purchase ofthe body espe shal be abet foie jroiton of competent courts in Delhi. Printed at > R.K. Offset Process, Naveen Shahadra, Delhi- 110 032 CONTENTS —_ 41, Nature and Importance of Criminal Procedure 2. Arrest, Search and Seizure [Rights of Airested Person} jon of Criminal Cases Investigation] [Sections 154-157, 160-1614, 167, 173 & 176) 4A. Law Relating to Bail [Chapter 33: Sections 436 to 450) 4B. Anticipatory Bail [Section 438, CPC] 5. Pre-Trial Proceedings (Cognizance; Comunittal: Fr ramiing of Charge [Sections 190 & 193, 200, 204-210, 211-217, 2 18-224 & 228) © Trial [Sessions Trial, Trial by Magistrates and Summary Trial} 7A. Rights of Accused (Basic Features of Fair Trial) ‘7B. Victim's Right and Witness Protection 8. Judgment [Sections 227, 229, 235 & 353-355) 9A. Means of Disposal of Cases (Plea Bargaining ; Sections 265A to 2651, CrP.C} 9B. Means of Disposal of Cases (Compounding, Probation & Juvenite Justice) 10. Appeals, Reference, Revision, Inherent Power of the High Court and Power of Review of the Supreme Court [Sections 372, 374.376, 395, 397, 482 CrP.) tity 1 2 BY THE SAME AUTHOR (Ist Semester) Jurisprudence-I {Legal Method. Indian Legat System and Basic Theory of Law) Criminal Law-I (Law of Crimes) Law of Torts (General Principles and Specific Torts) Family Law-I (Law of Marriage, Divorce and Maintenance) (2nd Semester) Criminal Law-I1 (Criminal Procedure) Family Law-Il (Law of Partition, Inheritance, Succession, Wills, Gifts etc.) Property Law (The Transfer of Property Act, 1882) Law of Evidence (The Indian Evidence Act, 1872) «we DETAILED CONTENTS Chapters Page No. 1, NATURE AND IMPORTANCE, OF CRIMINAL PROCEDURE Introduction tettiaitceletfal Basie and Fundamental Considerations... ‘Nature : Procedural Law (Not a penal enactment). Importance of Criminal Procedure Object of Criminal Procedure ... Exhaustiveness of the Code .. Scheme of the Criminal Procedure Code ~~ Functionarles under the Code ‘The Police. ‘The Prosecutor ‘The Defence Authorities ‘The Prison Authorites ... Hierarchy, Powers and Daties of Criminal Courts Classes of Criminal Courts... ‘Territorial Divisions (Section 7) .. . Sessions Courts (Sections 7, 9, 10, 26 and 28) » 112 Punishment Power of Sessions Court.. Court of CJM (Section 12).. Courts of Judictal Magistrates (Sections 11 t0 15 and 26, 29 & 30) smn 117 ‘Territorial Division [Sections 1(2), 1(8)] 7 119 Courts of Metropolitan Magistrate (Sections 8, 16, 17 & 19}... 1.20 Executive Magistrates (Sections 20 to 23) vs 122 Directorate of Prosecution [Section 254] .. 1.23 2, ARREST, SEARCH AND SEIZURE [Rights of Arrested Person] Amst v. Human Rights and Constitutional Rights... 22 Meaning of Arrests... 23 By Whom Arrest May be Made ? (Sections 41, 42. 43, 44). 2.4 How Arrest can be Made ? (Sections 46 and 60) 25 © wn Chapters Page No. Leading Case Laws . State of Haryana v. Dinesh Kr. (2008/8C) . Procedure of Arrest. Section 41: When police may arrest without warrant... 2.12 Section 41A : Notice of appearance before Police Officer... 2.14 Section 41C : Control room at districts enn 2.15 Section 41D : Right of arrested ... during interrogation ...... 2.16 ‘Examination of Accused (Sections 53/53A/S4A). 216 Leading Case Laws 218 D.K. Basu ¥. State of WB (1997/SC) on se DAB Arnesh Kr. v. State of Bihar (2014/SC)... 2.20 Rights of Arrested Person svn Search and Seizure [Sections 47, 51, 52 & 93] When search warrant may be issued . INITIATION OF CRIMINAL CASES (POLICE INVESTIGATION) [Sections 154-157, 160-1644, 167, 173 & 176] Investigation [Section 2h} 34 Initiation of Investigation. 35 Duty to inform and assist the Police. 35 Bailable & Non-bailable Offence . Cognizable and Non-Cognizable Offences... Inquiry v. Trial Complaint. Information as to Cognizable Cases (Section 154) (V.Vl).. 38 Object Of FIR nen Essentials of FIR {Section 154(1)} Importance and Evidentiary Value of the FIR Delay in Filing FIR Delay in Lodging FIR in Rape Cases Leading Case Laws. : Lalita Kumari v. Govt. of UP (D), (2008/SC)... Lalita Kumari v. Govt. of UP (1D, (2008/SC) Lalita Kumari v. Govt. of UP (IM, (2008/SC) .. «i Chapters Poge No Power to Investigate Non-Cognizable Cases (Section 156) (V.V.) Power to Investigate Cognizable Cases Ambit of the Power of the Magistrate under Section 156(3) Various ways of Initiation of Investigation Distinction between direction to investigate under Section 156(3) and Section 202(1) 3.30 Leading Case Laws cern : 331 State of Orissa v. Sharat Chandra (1996/SC) Madhu Bala v. Suresh Kr. (1997/SC) Sakiri Basu v. State of UP (2008/SC) Procedure to Investigate Cognizable Cases (Sections 157, 158 & 159) 3.49 Purpose of Incorporetion of Section 157 3.42 Analysis of Section 157. 38 Meaning and Scope of application of Section 159 A 880 BU80E oon 3.45 Examination of Witnesses by the Police sn 3.6 Section 160 : Police Officer's power to require attendance Of witnesS€8 oan 3.46 Section 161 : Examination of Witnesses by Police 37 Section 163 : No Indueement to be offered 3.48 Leading Case Laws : 3.49 Nandini Satpathy v, P. L. Dani (1978/8C), 3.49 Evidentiary Value of the Statements made to the Police during Investigation (Section 162) Statement to Police not to be signed and use of such Statements in Evidence .. Various propositions regarding use of Statements to Police | 3.53 Statements made during the period of Investigation but not during the Course of Investigation 7 3.55 Ommissions amount to Contradictions ; Explanation to Section 162 3.55 Leading Case Laws i 3.56 ‘Tehsildar Singh v. State of UP (1959/80) 386 Recording of Confessions (Section 164)... Chapters 4a. (wit Page No. Recording of Confessions and Statements voces 3.61 Nature, Scope and Essentials of Section 164. 3.62 Public Documents : No formal proof required. 3.66 Evidentiary Value of Confession «src snes 3.66 Evidentiary Value of Statements of Witnesses recorded...... 3.66 Legal Consequences of non-compliance with Section 164 BeCHON 463) vnnnitinnnnnnnennneennnmnenes 3667 Is it possible to prove confession by other evidence ?........ 3.68 Leading Cae LAWS vesnnennnns 3.69 Nazir Ahmad v. King Emperor... i 3.69 Medical Examination of the Prosecutrix (Section 164A).. 3.72 Prohibition on [egal Detention [Sections $7 & 167} nm. 3.74 Analysis of Section 167. a a 317 Procedure After Completion of Investigation (Sections 168, 169, 170, 171 and 173)... 3.82 Inquest Report and Judicial Inquiry [Sections 174, 175 & 176} 3.86 Scope of Inquest Report eae 3.88 Evidentiary value of the inquest TePOF sesnnsnnree 3.89 Magisterial Inquiry (Section 176)... o ene BOL LAW RELATING TO BAIL {Chapter 33 : Sections 436 to 450] Introduetion, o Meaning and Definition . ‘The Extended Meaning of the word “Bail Object of Bail Bail and Personal Liberty... Bailable vis-a-vis Non-bailable Offence Statutory Framework Regarding Bail Bail in a Bailable Case [Section 436} Pre-requisites of Section 436(1) to be released on bail . Bail to Undertrial Prisoner (Section 436A)... Compulsory Release (Mandatory Bail Provisions) .. Bail in Non-bailable Offences [Section 437] a. Pre-requisites of Section 437(1) t0 be released on Bail Chapters 4B. ww Page No, Provisos to the above Restrictions sromtnne AAT, Opportunity of hearing to the Public Prosecutor. 4A14 Stanutory Right to Bail : Section 437(2) , wu AAS Conditions which may be imposed while granting Bail» Section 437(3) . aes He 4ais Recording of Reasons : Section 437(4) 4015 Cancellation of Bail : Section 437(5), 48.16 ‘Statutory Bail : Section 437(6) and (7).. sone AAG Discretion in granting bail in cases of non-bailable offences. ae 40.16 General rule : Bail not Jail. E + AAIT Factors considered by the Court while granting bail. 4A 17 Leading Case LAWS Jaeemnmninninnn inn State v. Captain Jagjit Singh (1962/SC).. Moti Ram v. State of MP (1978/SC). Prablad Singh Bhati v. NCT, Delhi (200/SC)........... 44.27 ‘Special Powers of High Court or Court of Session Regarding Bail (Section 439) Leading Case LAWS western Gurcharan Singh y. State (1978/SC), Cancellation of the Bail [Seetions 437(5) and 439(2)}, Leading Case LaW8 wes ae Public Prosecutor v. George William (1951/Mad) State (Delhi Admn.) v. Sanjay Gandhi (1978/SC) Bond and Sureties (Sections 440 to 450) Bail under Special Legislations. Bail of Juvenile under J.J, Act., 2000. Bail under the N.D.P.S. Act, 1985 ANTICIPATORY BAIL [Section 438, Cr.P.C.] Meaning (Ordinary Bail v. Anticipatory Bail)...... Rationale behind granting this Power.. Reports of the Law Commission of India (41st Report, 1969) . it ® Chapters Page No, 5. Statutory framework of Anticipatory Bail (Section 438) .4B.3 Anticipatory Bail and Power of Police to Investigate 2 Case. Guidelines to exercise judi anticipatory Bail. ‘Leading Case Laws . Gurbaksh Singh v, State of Punjab (1980/50)... PRE-TRIAL PROCEEDINGS (COGNIZANCE ; COMMITTAL ; FRAMING OF CHARGES) [Sections 190 & 193, 200, 204-210, 211-217, 218-224 & 228] ial discretion of granting Cognizance of Offences 52 Cognizance of Offences by Magistrates (Section 190) 52 Who can take cognizance. tea 2 Meaning of the expression “May take Cognizance” 53 Limitation on taking cognizance 56 Relationship between Section 190 & 210... 56 Cognizance of offences by Courts of Sessions (Section 193) §.7 87 58 59 Complaints to Magistrates (Sections 200 and 203), Examination of Complainant (Section 200)... Dismissal of Complaint (Section 203)... : Committal Proceedings (Sections 204, 209 & 210) . Issue of Process (Section 204).. Committal for Trial (Section 209) Stay of Complaint Case (Section 210) Leading Case Laws. : Ajay Kr. Parmar y, State of Rajasthan (2012/80) . Form/Framing of Charges (Sections 211 to 217 & 228) . Framing of Charge : An aspect of fair trial . Objective of “Framing of Charge” Meaning of “Framing of Charge”. Statutory Scheme regarding “Framing of Charge” Contents of “Charge” (Section 211) mn : Particulars as to time, place and person (Section 212)... $23 ‘When manner of committing offence must be stated (Section 213) Chapters on Rule of interpretation (Section 214) Effect of errors (Section 215)... Alteration of Charge (Sections 216 & 217) Leading Case Laws : Mohan Singh v. State of Bihar (2011/8C) Joinder of Charges (Sections 218 to 224) TRIAL, {Sessions Trial, Trial by Magistrates and Surmary Trial] Introduction rn 62 Sessions Trial (Chapter 18 ? Sections 225 t0 297)... 6.3 ‘A Summary of Procedure for Sessions Trial 63 Trial to be Conducted by Public Prosecutor (Section 225)... 6.4 Prosecution Evidence (Section 231) oO Distinction between Acquittal and Discharge 65 Evidence of defence (Section 233) 66 Arguments (Summing up of the Case) (Section 234) 61 Judgment of Acquittal or Conviction (Section 235) 68 ‘Trial of Warrant-Cases by Magistrates (Chapter 19 : Sections 238 to 250) Trial by Magistrate Cases instituted on a police report abineoeie Cases instituted otherwise than on Police Report... 6.12 Trial of Summons-Cases by Magistrate (Chapter 20 : Section 251 to 259) Substance of accusation to be stated (Section 251) Conviction on plea of guilty (Section 252) Procedure when not convicted (Section 254) Acquittal or Conviction (Section 255). Summary Trials (Chapter 21 : Sections 260 to 263) Distinction between Summon Case Trial and Warrant Case Trial Withdrawal from Prosecution [Section 321 Duty of the Public Prosecutor. Duty of the Court (Object of Consent of the Coutt)........ 625 Chapters TA. cid, Page No. Paramount Consideration : Public Order, Peace and Tranquillity 7 7 6.24 ‘When Permission cannot be granted (Extraneous Reasons) , 624 Opposition by Private PerSONS sennsnnmnnn snes 6.25: Leading Case Laws 6.25 Abdul Karim v, State of Karnataka (2000/8C) ‘Trial of Offences Against Children sw ‘The Juvenile Justice (Care and Protection of Children) Act, 2000 son 632 ‘The Commission for Protection of Child Rights Act, 2005, 634 Scheme of the Act se 6.35 Leading Case Laws NCPCR y, State of Haryana (2013). Manoj y. State of UP (2014)... RIGHTS OF ACCUSED (BASIC FEATURES OF FAIR TRIAL) Jurisprudence of Fair Trial Adversarial System of Criminal Trial . Attributes of Fair Criminal Trial. Doctrine of Autrefois Acquit or Convict... General Basic Rule : Section 300(1)... 6.25 seve 6.30 First Exception to Basic Rule : Section 300(2)......000wn TAAS Second Exception to Basic Rule : Section 300(3) TAG Principle of Issue Estoppel or Res Judicata.... TAAT Section 41C : Control room at districts Right to be Defended by Pleader mene Legal aid at State Expense (Article 394 and Section 304)... Leading Case Laws : Mohd, Hussain v, State (Del) (2012/80) TAQ Ajmal Kasab v, State of Maharashtra (2012/8C Power to Examine the Accused (Section 313) Court to be Open (Section 327) mannmnnn Transfer of Cases to Secure Impartial ‘Tri snes TAS2 Chapters 7B. cin Leading Case Laws Zahira Sheikh v. State of Gujarat (20045C) VICTIM’S RIGHT AND WITNESS PROTECTION Rights of Victims .. 5. Order to Pay Compensation (Section 357) .. 733 ‘Victim Compensation Scheme (Section 357A) nnn TBA ‘Treatment of Victims (Section 357C) . ‘Compensation to Persons Groundlessly Arrested (See. 358) arms TBE Right to Prefer an Appeal [Section 372, Proviso] .. Leading Case Laws... Mehmood Azam v, State of Chhatisgarh (2012/80) . Witness Protection Witness Protection in India... Witness Protection under POCSO Act... Leading Case Laws. Mrs, Neelam Katara ¥. UOT (2002/DeL) sous JUDGMENT [Sections 227, 229, 235 & 353-355] Discharge (Section 227) Meaning of the expression “Sufficient Ground” Finding that dispute is of civil nature.. Stage of filling application for discharge .... 83 Acquittal [Section 232] remmmm Difference between acquittal and discharge .. Conviction [Section 229] ara Hearing on Sentence [Section 235) sewn Leading Case LaW8 oo nonon ‘Ajay Pandit v. State of Maharashtra (2012/SC).. Contents of Judgment (Section 353 to 355)... Section 353 : Judgment Section 354 : Language and Contents of Judgment... Section 355 : Judgments in abridged forms ty) Chapters Page No. 9A. MEANS OF DISPOSAL OF CASES (Plea Bargaining; Sections 2654 to 265L, Cr.P.C.) Background of the Law-on Plea Bargaining OAL The 12th Law Commission 142nd Report (1991) on Concessional Treatment of Offenders... cones 9A ‘The Law Commission 154th Report (1996) on the CPC... 94.3 Meaning and Types of Plea Bargaining. Statutory Provisions Regarding Plea Bargaining .. Section 265A : Application of the Chapter... Section 265B : Application for Plea Bargaining... Section 265C : Guidelines for Mutually Setisfactory Disposition Sete Section 265D : Report of the mutually satisfactory disposition to be submitted before the Court... Section 265E : Disposal of the Case. Section 265 : Judgment of the Court... Section 263G : Finality of the Judgment os... ‘Section 265H : Power of the Court in Plea Bargaining. ‘Section 2651 : Period of detention undergone by the accused to be set off against the sentence of imprisonment... 94.10 Section 2651 : Savings ... Aero 94.10 Section 265K : Statements of Accused not to be used... 9A.10 Section 265L : Non-application of the Chapter. 98.10 Salient Features of Plea-Bargaining wn. - 98.10 Process or Functioning of Plea Bargaining. 9A Breach of Revocation of Plea Agreement . 9A Process of Plea Bargaining 7 Judicial Observations on Plea Bargaining srs. Possibility of innocent defendants pleading guilty 9A.12 9A 9A.1S Gradual acceptance of the process with in-built safeguards . 9A.15 1 9A.16 9A.16 Degree of involvement of the judge. Conclusions 9B. MEANS OF DISPOSAL OF CASES (Compounding, Probation & Juvenile Justice] Compounding of Offences (Section 320) Chapters 10. em) Page No Disposal of Offences Through Probation under Sections 360/361, CrPC.. sent BS Section 360 : Order to release on probation of good conduct or after admonition ..... 9B4 Section 361 : Special reasons to be recorded in COMIN CASES oe 9B.s Difference of Scope of Sections 360 & 361 CrPC and the Probation of Offenders Act 1958 9B. Disposal of Offences Through Probabtion under Probation of Offenders Act, 1958 ... ORs Section 3 : Power of Court to relase certain offenders after admonition ...... 7 BR Mlustrative Cases 2 eet 9B9 Section 4 : Power of Court to release certain offenders ‘on probation of good conduct i 9B.10 Mlustrative Cases so 9B.) Section 6 : Restrictions on imprisonment of offenders ‘under 21 years of age Mlustrative C888 wr Section 12 of Probation of Offenders Act Leading Case Laws. : Abdul Qayum ¥. State of Bihar (1972/8C) MCD y. State of Delhi (2005/8¢) Disposal of Offences hy Children Guvenile Justice Act, 2000) nn Section 15 : Order that may be passed regarding juvenile .9B.29 Section 16 : Order that may not be passed against Juvenile .9B.32 Leading Case Laws Salil Bali v. UOT (2013/SC) APPEALS, REFERENCE, REVISION, INHERENT POWER OF THE HIGH COURT AND POWER OF REVIEW OF THE SUPREME COURT [Sections 372, 374-376, 395, 397, 482 CrP.C.] Appeals (Chapter 29 : Sections 372 to 394). Purpose of Appeal Meaning of Appeal a Chapters Page No. Section 372 : No Appeal to lie unless otherwise provided ... 10.3 Nature of @ Right of Appeal 103 Onus in Criminal Appeal 7 7 104 Constitutional Provisions in Matters of Criminal Appeal .... 10.5 Section 374 Appeals from Convictions..... 105 Appeal to the Supreme COUrt vcs on 10.6 Appeal to the High Court... 7 7 106 Section 375 ; No appeal in certain cases when accused pleads guilty... rece 109 Section 376 ; No appeal in petty C8826... 109 References (Chupter 30 : Sections 395 & 396) + 10.10 Section 395 : Reference to High Court. 10.10 Section 396 : Disposal of case according to decision of the High Court Bete 10.11 Article 228 of the Constitution and Section 395(1), CxPC.... 10.12 Revision (Chapter 30 : Sections 397 to 405) .. Section 397 : Calling for records to exercise powers of Revision. : 7 No Revision of Interlocutory Orders (Section 397(2)) No further application for Revision after one Application [Section 397(3)), aaa Section 401 : High Court's Power of Revision... Acquittal not to be converted into conviction in Revision [Section 401(3)] Leading Case Laws : Ganesha v. Sharanappa (2014/SC) Inherent Powers of the High Court (Chapter 37 : Section 468). Leading Case Laws a Gian Singh v. State of Punjab (2012/SC) State of MP v, Deepak (2014/SC) sun Reviewing Power of the Supreme Court (Article 137)... Leading Case Laws... : Ramdeo Chauhan y. Bani Kant Das (2010/SC)... Table of Cases ees AR. Antulay v. Ramdas Abdul Karim v. State of Karnataka Abdel Qayum v. State of Bihar ADM, Jsbalpur v. Shivkant Shukla. Ajay Ke. Permar v. State of Rajasthan Ajay Mehra v. Durgesh Babu... ‘Ajay Pandit v. State of Maharashura Ajit Kumar v. State of Assam Alauddin Mian v. State of Bihar Amininiv. State of Kerala Anjlus Dungdung v. Stae of hatkhand ‘Anna Reddy v, State of AP. ‘Amesh Kumar v. State of Bihar Ashwin v. State of MP BSS. Joshi v. State of Haryana Bachan Singh v. State of Punjab Balak Ram v. State of UP Balke Singh v. State of Punjab... ‘Bam Singh v, State of UP. Bankatv. State of Maharasbira Bharat Parikh v. C.B Bhola Bhagat v. State of Bihar Bhupinder Sharma v. State of HP Bindeshwari Pd, Singh v. State of Bihar Biswafic Biswas v. State of Tripura Blawant Singh v. State of Bihar Ghajju Ram v. Sate of Haryana Charan Singh v. State of U.P. (Chhanniv, State of UP. D.K. Basu v. Stale of West Bengal Dalbir Singh v. Stae of UP... Daler Singh v. State of Rajasthan. Delhi Judicial Service Assn v. State of Gujarat 7 epaty Chief Controlier of Imports & Exporsv. Rasen Lal Agrawal Dhananjaya Reddy v, State of Karmataka i 7 Dr. Jacob George v State of Kerala Dr. Nupur Talwar v. CBI, Delhi... ign Anamma v. State of AP. 4G. Narasimbla v, Public Prosecutor Ganesha v, Sharanappa, cou Lu 6.24, 625 98.19 104s 5.15 53 gut 2.28 B10 367 10s 330 220 4.57 9B 8.24 3.66 821 9B.13 98.2 Ba 9831 825 1018 9B.33 624 39 soe 8.23 98.7, 9B15 2.18 530 98.13 118, 73.9 119 3.68 939) 34 823 mtd “1019 REFERENCES ACKNOWLEDGED See i, Ratanlal & Dhirajlal : The Code of Criminal Procedure, 2. RAV. Kelkar : Criminal Procedure. 3. RY, Kelkar : Lectures on Criminal Procedure, 4. C.K. Thakker (Takwani) : Criminal Procedure, 5, S.N, Misra : The Code of Criminal Procedure, 6. Batuk Lal : Commentary on the Code of Criminal Procedure, 1973. 7. KK, Iyengar : Commentary on The Code of Criminal Procedure, 1973. 8. S.K. Malik : Commentary on The Code of Criminal Procedure, 1973, 9. P.C, Banerjee : Criminal Trial and Investigation, (In 2 Vol.). 40. Dr. B.N, Mani Tripathi : Lectures on Code of Criminal Procedure. OTHERS 1, Faculty of Law, Dethi University : Cases and Materials on Criminal Law-IL. 2. Question Papers : Delhi University and Judicial Services Examinations, (eo CHAPTER 1 NATURE AND IMPORTANCE OF RIMINAL PROCEDURE eee IMPORTANT POINTS / ISSUES (1) Jucicial Magistrates essentially performs judicial functions and are under the control of the High Court whereas Executive Magistrates performs Magisterial (police or administrative) functions and are under the control of the State Government, (2) Thore are special needs of the large metropolitan (population exceeding one milion) cities in respect of the administration of criminal justice. The magistrates there ought to be better qualified and more competent to deal expeditiously with sophisticated crimes. Courts of Metropolitan Magistrates (MM) are designed to serve this purpose. (8) What is the real nature of duty of the Public Prosecutor while representing the State in a criminal trial? (4) Critical examination of the mode of appointment, functioning, Supervision and removal of Public Prosecutors (PP) in ensuring the independence of the criminal justice delivery system from the inlerierence of executive wing of the State. INTRODUCTION Prior to 1882. there was no uniform Code of Criminal Procedure (CPC) for the whole of lusia. For the guidance of the Courts there were separate Acts which were applicable in erstwhile Provinces and the Presidency towns. For the first time in 1882, the CrPC was enacted for the whole of India, which was replaced by i! CrPC, 1898, This Code of 1898 had been amended by various Amending Acts. In 195 extensive amendments were madeto simplify Procedure and to speed up trials. The State Governments too made a lerge suumber of amendments in the Cose of 1898. To make the criminal procedure more comprehensive the Law Commission was asked to undertake a detailed examination of the Code of 1898. The final comprehensive report was submitted by the Law Commission in 1969 making detailed recommendations ‘Thereafter @ Draft Bill was prepared and passed by both the Houses of tay | | | 12 Criminal Lawl Parliament and the present Code was enacted. It received the assent of the President on January 25, 1974 and came into force from April 1, 1974. Certain important amendments have also been made by the CrPC (Amendment) Acts, 2005, 2006, 2008 and 2010. Basic and Fundamental Considerations The CrPC, 1973 was enacted to remove anomalies and ambiguities brought to light by conflicting decisions of various High Courts or otherwise to consider local variations with a view to secure and maintain uniformity throughout the country, to consolidate laws wherever possible in order to improve the criminal justice system of our country. While formulating the CrPC, the following and fundamental considerations were also Kept in view: (1) An accused person should get a fair trial in accordance with the accepted principles of natural justice; (2) Every effort should be made to avoid delay in investigation and trial which is harmful not only to the individuals involved but also to the society; and (3) The procedure should not be complicated snd should, to the utmost extent possible, ensure fair deal to the poorest sections of the community. Nature : Procedural Law (Not a penal enactment) ‘The CrPC is mainly an adjective law of procedure and is not a penal enactment. It is designed to further the ends of justice and not to frustrate ‘them by interpreting its provisions mechanically by adopting a “hyper techaical view. Itis well setted that a substantive penal statute creating an offence and imposing a punishment must be constraed strictly and i the provision is vague ‘or doubtful, the interpretation which will favour the accused should be accepted, But it is equally well-settled that adjective or procedural law dealing with machinery provisions should be construed liberally so as to make substantive laws useful, effective and workable, The provisions of the Code must, therefore, be construed liberally so as to subserve and advance. the cause of justice and not to defeat it Enactments regulating the procedure of courts seem usually to be imperative and not merely directory. The rules of procedure are enacted to be obeyed. The object of these rules is to simplify and shorten proceedings. Iti not always easy to keep strictly to the line of procedure prescribed and irregularities do occur now and then in rials of cases. The Code itself divides such irregularities into two classes: (1) irregularities which do not vitiate proceedings (Section 460). and (2) irregularities which vitiate proceedings Nature and Importance of Criminal Procedure re] (Section 461). It also provides that no error, omission or iregularity in trial shall vitiate a finding, sentence or order unless it has occasioned a failure of justice (Sections 465). The Code further preserves the inherent right of the High Court to make orders (1) to give effect to any order under the Code or (2) o prevent abuse of the process of any Court oF (3) to secure the ends of justice (Section 482). Importance of Criminal Procedure As legs are meant to walk by so also CrPC in so faras substantive criminal law (IPC) is concerned. CrPC provides the tools and machinery to put the substantive criminal law in motion. If substantive law defines an offence und prescribes punishment, itis procedural law which administers and enforces substantive law by providing machinery. The efficacy of substantive lav largely depends upon effective implementation of procedural law. Too much expense, delay and uncertainty in applying the law of eriminal procedure ‘would render even the best of penal laws useless and oppressive. It is the procedural law which puts life into substantive law. The law of criminal procedure is significantly important for three main reasons (cited by 37& Report of the Law Commission of India on the CPC, 1898) @) Itis more frequently and constantly used and affects greater number of persons than any other law (di). The nature ofits subject-matter is such that human values are involved in tto a greater degree than in any other laws \Gil)_As the law of criminal procedure is complementary tothe substantivs criminal law, its failure would seriously affect the substantive cri min! Tay which in tum would considerably affect the protection that i ives to society. ‘The sanctity of the CrPC emanates from and has its origin in Article 21 of the Constitution of India which guarantees that no person shall be deprived of his life and personal liberty expect through a “procedure established by law", The Code is an adjective law of procedure. “It is the procedure thet spells much of the difference between the rule of law and the rule af whiny and caprice, Its core object is to ensure for the accused a full and Fair trial in accordance with the principles of natural justice. All methods of detecting the criminal, accumulating the evidences, putting them before the court of law and imposition of proper sentence as well as giving the fair tial to accused emanate from it Italso provides machinery for putting others substantive law in motion. e.g. some other special Acts, TADA, POTA etc, But some of its provisions partake the character of substantive law. e.g. prevention of offences (Chapter VIII. X. & XI) and right of maintenance. id Criminal Law- Object of Criminal Procedure (Justice to Accused / Victims) The law of Criminal Procedure is intended to provide a mechanism for the enforcement of criminal law i.e. a machinery for the punishment of offendery against the substantive criminal law, e.g. Indian Penal Code. Its wsvential object is 10 protect society against criminals and law breakers. It provides a machinery for the detection of erime, apprehension of suspected ‘aiminals, collection of evidence, determination of the guilt or innocence of the suspected person and the imposition of suitable punishment on the guilty person. The rule of procedure are meant to regulate the procedure in the courts. Without proper procedural law, the substantive criminal law would be ‘almost worthless. Because in the absence of an enforcemieiit machinery the threat of punishment under substantive law would appear empty. ‘Thus the law of criminal procedure is meant (o be complementary to

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