Sachin Jain Student of Sem.

V – LLB
Innovative Institute of Law

Subject-CrPC

Section – A

1. Public Prosecutor

Answer:
A Public Prosecutor is an officer of the State Government who is appointed by the State
under section 24 of the Criminal Procedure Code. He/She is considered as the agent of
the state to represent the interest of common people in the criminal justice system.
The prosecution of the accused is the duty of the state but not individually the duty
of the aggrieved party. They are appointed in almost all countries by respective state
governments.
----------- ----------------------------------
2. Complaint

Answer:
A ‘criminal complaint’ is a self-contained charge that sets forth the sufficient facts
that, with reasonable inferences, allow a person to reasonably conclude that a crime
was probably committed and that the suspect, defendant, is likely culpable. Section
2(d) states that a " complaint" means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code, that some person, whether
known or unknown, has committed an offence, but does not include a police report.
----------- ----------------------------------

3. Summon case and warrant case

Answer:
A warrant-case is considered to be a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. The formulation
of a formal charge is important in the warrant case. All other cases that are not
considered in the definition of warrant cases are summons-cases. In a summons case, the
accused can plead guilty by post after the summons has been issued without appearing
before the Magistrate.
----------- ----------------------------------
4. Cognizable and non cognizable offence

Answer:
A Cognizable offense is the one in which the police suo motu takes cognizance of crime
and also does not need approval of court. In cognizable offense, the police can arrest
a person without any warrant. A Court’s order is also not required to start an
investigation.
Sachin Jain Student of Sem. V – LLB
Innovative Institute of Law
In a non-cognizable, police has no authority to arrest a person for crime on its own,
without prior approval of court. A warrant must be issued for arrest of person and the
court’s order should be obtained for undertaking an investigation.
----------- ----------------------------------

5. Bailable and Non - bailable offence

Answer:
A bail means to deliver an arrested person to his sureties. Thus, in general sense it
is a process to set a person free by asking that person to furnish a security who is
under detention or arrest by competent authority for his appearance in the court on the
date fixed. As per section 2(a) of CrPC code, offenses are defined bailable or non-
bailable offences based on the severity of the crime. Bailable offenses are considered
less serious in nature while non-bailable offenses are considered heinous/ serious in
nature.

----------- ----------------------------------

Section – B
(Short Answer Questions)
1. What do you mean by FIR? Discuss the different Provision related to Investigation in cognizable
offences.
Answer:
F.I.R. means any information recorded by an on-duty officer given by an aggrieved
person or any other person either in writing or made orally about the commission of a
Cognizable Offence. Based on information so provided the investigation started. Section
156(1) empowers an officer in charge of a police station to investigate a cognizable
case without an order of a magistrate. It also limits his power to investigation of
such cases within the local jurisdiction. Below mentioned provisions are meant to
assist the officer in case of a cognizable offense registered in the FIR: -

i. The first step in criminal proceedings is the registration of FIR by a police

officer. Section 154(1) of CrPC says that the information relating to the
commission of a cognizable offence must be written by an officer in charge of the
police station and must be read over to the informant.
ii. A police officer can initiate an investigation without the order of a magistrate
in case of cognizable offence.
iii. A police officer can arrest an accused without a warrant as per the power vested
to him under section 41 of CrPC.
iv. A police officer has to send a report regarding commission of a cognizable
offence to the concerned magistrate as per section 157 of CrPC.
v. A police officer can order for the discovery and arrest of the accused.
 Sachin Jain Student of Sem. V – LLB
Innovative Institute of Law
vi. A police officer can order for attendance of witness before himself for the
examination of witness as per section 160 of CrPC..
vii. A police officer can search without search warrants as per section 165 of CrPC.
viii. A police officer has to release the accused when evidence is deficient as per
section 169 of CrPC.
ix. A police officer has to send the case to the magistrate when evidence is
sufficient as per section 170 of CrPC.
x. A police officer has to maintain diary of proceedings in an investigation as per
setion 172 of CrPC.
xi. A police officer has to send a report on the completion of investigation to
concerned magistrate as per section 173 of CrPC.
xii. Procedure of investigation when investigation can’t be completed within 24 hours.

----------- ----------------------------------
Section – C
(Detailed Answer Questions)

1. What is Appeal? Explain the different provision of Appeal under CrPC.

Answer:
An appeal is a complaint or grievance to a superior court for reconsideration or review
of a decision, verdict or sentence of a lower court. An individual who's been convicted
of a crime may “appeal” their case, or ask a higher court to review certain aspects of
the case for legal error. An appeal is a kind of request to the higher court to
determine whether a lower court or tribunal made mistakes in the judgement. The higher
court may affirm, vary or reverse the original decision.

Various kinds of appeals provided under CrPC are:

i. Appeal in Court of Session – Section 373 CrPC
An appeal may lie to the Court of Session against the order under:
Section 117: Where a person has been ordered to give security for keeping the
peace or for good behavior.
Section 121: Where a person has been aggrieved by any order refusing to accept
or reject a surety.
ii. Appeal From Convictions – Section 374 CrPC
a. While exercising extraordinary original criminal jurisdiction, if High
Court passes an order of conviction, an appeal shall lie to Supreme Court.
b. If Court of Session or Additional Court of Session passes the order of
conviction during the trial, an appeal shall lie to High Court.
c. If Court of Session or Additional Court of Session gives punishment of more
than seven years, the appeal shall lie to High Court.
d. Where a person is convicted by Assistant Court of Session, Metropolitan
Magistrate Judicial Magistrate I, Judicial Magistrate II, an appeal shall
lie to Court of Session.
e. A person aggrieved under section 325, 360 of the Criminal Procedure Code
can appeal to the Court of Session.
iii. Exception to Section 374 CrPC
Sachin Jain Student of Sem. V – LLB
Innovative Institute of Law
iv. Section 375 and section 376 of the Criminal Procedure Code are exceptions to
sections 374 of the Criminal Procedure Code, elaborated as follows.

Section 375 CrPC – No Appeal in Certain Cases where the Accused Pleads Guilty
If the accused pleads guilty at High Court and the court takes the plea on
record and convicts the person, then no appeal shall lie.
Where the accused pleads guilty at a court other than High Court, an appeal
for the sentence is allowed. Appeal on sentence is allowed based on extent and
legality of the sentence.

Section 376 CrPC – No Appeal in Case of Petty Cases

No appeal shall lie in the case of petty cases. Petty cases differ from court
to court. For a lower court, a case involving a fine of Rs. 100 is considered
as petty while for high court, a case involving a punishment of upto six
months is considerd as petty.

Appeals by the State Government

Section 377: For enhancement of sentence
If an order of sentence is given by Magistrate, then appeal to lie to Court of Session.
If an order of sentence is given by any other court, then appeal to lie to High Court.
The direction will be given to the public prosecutor by the central government if the
investigation is done by any central agency.
When such appeal on order for enhancement of punishment is filed, such order will not
be passed until a reasonable opportunity of being heard is given to the accused.

Section 378 CrPC: Appeal in Case of Acquittal

In this section, District Magistrate is empowered to direct the public prosecutor
to file an appeal to the Court of Session for the order of acquittal done by any
Magistrate in a matter of cognizable and non-bailable offence.
The State is also empowered to direct the public prosecutor to file an appeal for the
order acquittal done by any court other than High Court for appeal or revision. Note,
prior permission of the High Court is required to be taken before filing an appeal at
the High Court.
If an order of acquittal is given in a matter of case instituted on complaint, and High
Court grants special permission to present the appeal, then such appeal can be
presented by the complaint.
If the complainant is a government servant, then the application can be moved within
six months from the order of acquittal while for all other complainants, the
application can be moved within 60 days from the order of acquittal.
If such appeal is rejected, no appeal from an order of acquittal shall lie.

Section 379 CrPC: Appeal Against Conviction by High Court in Certain Cases
Where a person is convicted by Assistant Court of Session, Metropolitan Magistrate
or Judicial Magistrate first class, Judicial Magistrate second class, an appeal shall
lie to the Court of Session.
Sachin Jain Student of Sem. V – LLB
Innovative Institute of Law

Section 380: Special Right of Appeal in Certain Cases

Under this section, an accused has a right of appeal in an unappealable sentence if
his co-accused has been given an appealable sentence.
----------- ----------------------------------

2. How bail as a matter of right is different from bail as a matter of discretion? Explain the different
grounds of default bail under CrPC.
Answer:
In bailable offences bail is a right and not a favour. In such offences there is no
question of any discretion in granting bail. Bail can be claimed as of right and there
is a statutory duty imposed upon the Police Officer as well as the Court to release a
person on bail if he is prepared to give bail. Under Section 13, Article III of the
Indian Constitution, all persons are entitled to bail as a matter of right, except
those charged with offenses punishable by reclusion Perpetua when evidence of guilt is
strong. Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary to
the judiciary.
Section 167 CrPC makes it clear that whenever a person is arrested and detained in
custody, the time for investigation relating to an offence punishable with death,
imprisonment for life or imprisonment for a term of not less than 10 years, cannot
ordinarily be beyond the period of 15 days, but is extendable, on the Magistrate being
satisfied that adequate grounds exist for so doing, to a maximum period of 90 days.
Thereafter, the accused person shall be released on bail if he is prepared to and does
furnish bail on expiry of the maximum period of 90 days, and every person so released
on bail be deemed to be so released under the provisions of Chapter XXXIII for the
purposes of that Chapter.
If the investigation into an offence is not completed within 24 hours and the accused
is in custody, the concerned police officers shall forward the accused to the nearest
Judicial Magistrate. If the accusations made are well founded, the accused shall not be
released on bail unless his/her detention is authorized by a magistrate from time to
time. In the case of a woman under 18 years of age, the detention shall be in a remand
home or a recognized social institution.

----------- ----------------------------------