UNIT 1

1. Complaint procedureB200-203
2. Arrest 41-60: w/o warent S41 who and rights, outside jurisdiction 48
1. FIR: failure to record, police station diary, refuses to give name 42, delay in
filing, delay, evidentiary value 1x
C 154
NC 155
CROSS EXAMINE 162
Phone call: Tehal singh v raj
Not substantive: S Arsour v VN Rajkhowa
Corroborate: SK Hasib v S bIhar
2. Rights of arrested
UNIT 2
1. Peace and good behaviour S106-24
2. Attachment S82-86
3. Bail non bail 436-437 439
4. Summon S61-69
5. defamation
1. charge 211-217
2. AB S438
3. Joinder 218-224
UNIT 3
1. Types of trial: session 225-237, summary 260-265, warrant 238-250
2. Maintenance s125-128
3. Reference revision 395-405
4. Guilty plea 229 241 252 375
5. Double jeopardy s300 A20(2)
6. Pardon s306-308

UNIT 4
1. Transfer of cases 406-412
2. Disposal of property 451-59
3. Irregular proceding 460-66
4. Plea bargaining 265
;UNIT 5
1. Children S50 and observation Home S47
2. JJB. Composition 4-9
3. Child welfare committee 27-30
4. Features of poo act
5. Probation officer
6. Failure to observe bail conditions s9
 7. Rehab and social integration 39-55
Rehab and social interation
S39-55
1. Process
- Individual care plan
- Keep family together unless aginst their interest
- Child in conflict with law in OH
- Child in need of care and protection in recognised institutuion
2. Restoration
- Parents
- Adoptive
- Guardian
- Foster
- Fit person
3. Registration of institution
As: OH, SH, OS, POS, SAA
- 5 year
- Provisional certificate
- Duty bound
- Inspection
- Penalty for non reg: 1 year fine $1L
4. OS: short term residential support
5. OH: Children in conflict with law for short term, segregation acc to sex and age along
with mental/physical state.
6. SH: Child in conflict with law, JJB placed, Social integration nd rehab
7. POS: children in conflict with law, heinous offence, 16-18
8. CH: Children in need of care and protection, special needs, , development and rehab
9. Fit Person and Fcaility
10. Leaving facility: financial assistence
11. Foster: family, keep family together, intent/capacity, funding, visit by parents,
inspection, only non adoptable
12. Sponsorship: widow/divorce/abandoned, orphan, life threatening disease or
incapacitated
13. Rehab Reint services
- Food shelter clothing medical attention
- Special need
- Skill development, occupational therapy, RTE, legal aid, recreation, birth reg:
management committee
14. Inspection Committee
- One is 3 m
- One woman, one medical officer
- Submit to district child protection unit
JJB
S 4-9
 1. Composition
- MM/JM1st/CJM, 2 social worker (1 woman)
- SW involved in children work, 7 y experience, degree in child psychology,
psychiatry, sociology, law
- Disqualified: misuse, fails to attend 3m, 1/4th sitting missed
- Training by sg
- Term prescribed
2. Process
- Rules
- At least 2 member
- Production before also 1 member
- No order invalid for want of member
- Opinion of majority or principal mag in conflict
- Adult treated as child if offence was when he was child
3. Powers
- Informed participation
- Child protection
- Legal aid
- Interpretor/ translator
- Probationary Officer: social investigation report
- Process of inquiry: s14, declare fit person, order FIR,n final order, transfer to
CWC
- Inspect residential facilities, jail
4. Mag Not empowered
- Forward to empowred mag
- Can find age if contested
- Protective custody
CWC
S 27-30
1. Composition
- Chairperson, SG appointed 4 members(1 woman, 1 expert)
- DCPU provides staff and secretary
- Members should be involved in in child psychology, psychiatry, sociology, law
- Term: 3 y
- Termination: moral turpitude, misuse, fails to attend 3m, 3/4th sitting missed
- Redressal: DM
2. Procedure
- 20 days in a month, they should meet
- Visit child care facility is a sitting
- Majority or chairperson opinion prevail in case of conflict
- No order invalid for want of member
3. Power
- Exclusive power
- Take cognizance, suo moto, inquire
- Ensure protection
 - Selection institution
- Order social investigation
- Visit at least 2 in on emonth
- Declare: fit person, orphan
- Rehab sexual violence victims
- Legal aid
- Coordinate police, labour department etc
Feature of POO
1. Release on admonition S3
2. Release on probation of good conduct S 4
- Variation by 3y s4
3. Failure to observe bond condition s9
- Report by PO or otherwise
- Brought o cutody, bail or remand, give date of hearing
- Sentence: original offence, fine $50 (default, OS)
4. Compensation cost
5. 21> imprisonment restriction
6. Appeal rvision
7. Removal Disqualification
8. PO: inquire, supervise, advice S13 S14
9. Confidentiality
10. SG Rule making
Transfer of cases 406-412
1. Transfer
a. SC: high court to another. Criminal court to another, equal or subordinate.
Application by interested or party interested (affidavit)
Vexious: fine 1000 max
Raja v Mysore: reasonable apprehension may not give fair justice, suo moto can do.
b. HC: if cc is not impartial, question of law, convenience, no jurisdiction. To
equivalent, cos, it self.
Application by interested party, ny itself, lower (affidavit not necessary for state
advocate general)
Vexious: on bond w/wo sureties fine 1000 max
c. SJ: Lower to lower court higher or equivalent, lower to itself
Application by interested party, ny itself, lower fine 250
2. Withdrawal
SJ: withdrawl, appeal, recall before trial
JM:
EM: make over
3. Reasons to be recorded
Transfer reasons by SC and HC not needed recording
Everyone else should record
K Anbazhalagn v Superintendent of Police
 SK Shukla v State of UP (mla up to mp)

Irregular proceeding 460-66

Does not vitiate

- Search warrant where theres stolen prop
- Investigation in NC offences
- Cognizance under S190
- Inquiry into cause of death
- Issue process without jurisdiction
- Make over
- Recall
- Pardon to accomplice
- Sale of prop on perishability or non appearance
- Attachment with error
Vitiates
- Attachment sale
- Search warrant post telegraph
- Cognizance of public order and tranquillity
- Tries: summarily, sentences
- Revision calls records
- Reviews bond forfeiture
- Evidence
- Wrong place
- Omission of charge
- Peace and good behaviour: ordes, cancels, discharges
- Maintenance
Plea Bargaining 265A-L
Which case
7>Not in economic cases, children, women, no juvenile matter
Application
1. Voluntary
2. No prior conviction
3. Order disposition
Disposition
1. With pleaders, public prosecutor, police
2. Notice
3. Voluntary
4. Presiding officer: signs report of mutually satisfactory disposition
Compensation, Admonition, minimum or ½, ¼ : POO Act
Open court
Set off
Statement of accused confidentiality
Savings: inconsistencies, this overrides
Finality: no appeal

Disposal of property 451-59

1. Pending Trial
Prop: doc, crimes commited in regards of
Custody, sale if perishable
2. Disposal at conclusion
Distruction
Delivery: condition or bond, 2 months except if perishable or livestock
Sold
Delivery to CJM: proclaim, sale on non appearance for 6 m or perishable
3. Payment to innocent purchaser
4. Appeal
5. Destruction of libel and other matter
6. Restore: immovable prop, civil court, evict within 1m of conviction
Summary 260-65
1. Who can hear
1st class, CJM, MM:
2nd: HC Confirmation 6m or fine
2. What case:
Offences: stolen prop, cattle trespass, trespass, intimidation, abatement attempt >200. 2y max
3. Procedure: summons 251-259
Read out
Pleading
Hearing: evidence hearing summon witness
Non appearance of complainant or dead: acquittal or pleader
Stopping proceeding: withdrawal, discretion, convert to warrant case
4. Records: slno, date, name, residence, value of prop, plea, his exam
. Language of court. Reasons should be there for decision

Reference Rivision
Reference 395-96
- Validity
- By CS, MM
- Commit to jail or bail
- Cost of reference borne by applicant
Rivision 397-405
- Call for record
- Order inquiry
- Sessions Judge and Add sessions judge can
- Opp to be heard when necessary especially when finding against the party, cannot
find conviction when originally acquittal
- Change to appeal
- Withdraw or transfer
- MM grounds can be heard
- HC order to be certified by lower court
Pardon 306-308
- Full disclosure
- Applicable to: 7y or more or COS or court of special judge
- Record reasons (accused entitled to a copy)
- Examined as witness (custody or bail)
- Commit to: COS or Special judge
- Before judgement only
Non compliance
- Not tried for false evidence unless HC santions
- Cannot be tried jointly
- Evidence can be used against him
- BOP on prosecution
- Asl for what the accused pleads
- Dispose case accordingly
Guilty Plea
229(session court) 241(warrant by mag) 252(summons by mag) 375
375:No appeal when order by HC, COS, MM, Mag 1st and 2nd
except: Extent (Emporr v Chunilal) and legality of sentence
Trickery (Gundoor Singh v S Punjab)
Double jeopardy
S 300
1. Cannot be tried for same offence, acts (SG consent can)
2. Causing consequences is an exception if not known during conviction
 3. Competency lacking is an exception
4. with court consent can under summons case where proceeding was stopped 258
illustration:
can: after death happens, mag 1st convicts on theft, robbery can be tried again, mag 1st
convicts on robbery, dacoity can be charged after
cannot: theft and then criminal breach of trust, culpable homicide then murder,
Maintenance S125-128
- Preventive
- Summary
- Social provision
- Who: parents wife children
- Procedure: district, evidence record, 3m
- Conditions: refusal, means, cannot maintain, not in adultery, remarried, MC,
living apart or surrendered
- Enforcement: mag, fine 1m, prp attachment
- Quantum
- Alternation: conditions, Civil Court, adjustment
Peace and Good Behaviour 106-24
106-7
1. CH VIII except 153ab 154
Assault criminal force, mischief, intimidation
Bond w/wo sureties 3y
Set aside if conviction is
2. Public tranquillity or breach od peace
Bond w/wo sureties 1y
3. 108-109-110
Seditious
1y: 124a, 153ab, 295a, judge defamation, 292 obscene matter
Suspected
1y: conceal himself co
Habitual
3y: theft, kidnap, coins, cheating, mischief,
Fera, epf, dc, pfa, eca, ca, uoa
4. 111-15: procedure
Scn, bond, enforcement, sureties
Present or not:summon with warrant, arrest
Can dispense personal attendance
Pleader
5. 116-120: inquiry
6m. discharge, release. Reasons can be recorded
Bond after inquiry
Joint prioceeding allowed
Same security
Discharge or jail continue
Commencement of bond period
Breach
6. 121-24
Reject surety: notice
Default of security: opp to be heard
Simple or rigorout for suspected and habitual, rest simple
New surety, surety can apply
Expiry: new bond
Attachment S82-89
Proclamation
Attachment
objections
Release sale restoration
Appeal

JOINDER 218-24
1. Standards rule
2. Within a year
3. exceptions
4. Doubtful
5. Minor offences
6. Joint hearing
7. Withdrawal
8.
Summon S61-69
1. Form
2. Serving
3. Corporate bodies and societies
4. Cannot be found
5. Govn servant
6. Outside local limits
7. Proof
8. Post
Charge 211-217
1. Conetnt
2. Particulars
3. Manner of offence
4. Words as in law
5. Effect of error
6. Alter
7. Recall