THE CODE

OF CRIMINAL
PROCEDURE, 1973

Offence

“Offence” denotes a thing made punishable by the

code. As per CRPC it mean
• any ……. or ……..
• made punishable
……………..by any law for the time being
in force and
• includes any act in respect of which a …………..
may be made under Section 20 of the Cattle-
trespass Act, 1871.
In simple terms, an offence is a wrong committed by
any individual in a society. An act or omission due to
which other person suffer from law or injury is known
as offence. Mens Rea a bad intention or guilt is an
essential ingredient in every offence.

Mens rea

means a guilty mind or bad intention. mens rea is

the state of mind which accompanies and directs
the conduct resulting in the wrongful act.
 The maxim actus non facit ream nisi mens sit rea
means The act itself does not constitute guilt
unless done with a guilty intent.
 Thus, unless an act is done with a ………………..,
it will not be …………………… punishable.
 The general rule to be stated is “there must be a
mind at fault before there can be a crime”.
 Mens rea is a subjective matter. Thus mens rea is
an essential ingredient in every ………… offence.

1
 Notes

Bail
It means the release of the accused from the
custody of the o cers of law and entrusting
him to the private custody of persons who are
sureties to produce the accused to answer the
charge at the stipulated time or date.

Anticipatory bail

means a bail in advance

 Anticipatory bail is a bail which is granted to a person who
……………………. arrest but has not yet been arrested.
 Where any person has reason to believe that he may be
arrested on an allegation of having committed a
………………………, he may apply to the
……………………………………….
 On such application, the court may, if it thinks fit, direct
that in the event of such arrest, he shall be released on
bail.
 The court grants the anticipatory bail subject to the
following condition:
 That the accused shall make himself available for
interrogation by a police o cer as and when required.
 He shall not threaten the witness so as to make them
hostile; and
 He shall not leave india
without the prior
permission of court.  A "bailable offence"
means an offence which
is shown as bailable in
Bailable Offence the ………………….. or
which is made bailable by
and Non-bailable
any other law for the time
Offence
being in force.
 "Non-bailable" offence
means any other offence.

2
 Notes
Cognizable Offence and
Non-cognizable Offence

 "Cognizable offence" means an offence for which a police

o cer may arrest ……………………………… in accordance
with the First Schedule or under any other law for the
time being in force.
 "Non-cognizable offence" means an offence for which a
police o cer has no ……………….. to arrest without
warrant. Thus, a non-cognizable offence needs special
authority to arrest by the police o cer.
 In order to be a cognizable case it would be enough if one
or more (not ordinarily all) of the offences are cognizable.
 It may be observed from the First Schedule that non-
cognizable offences are usually ………………… while
cognizable offences are generally …………………………).

Complaint

means
 an oral or a written …………………..;
allegation

 that some person known or unknown has

committed an offence;
 it must be made to a …………………;
magistrate and
 it must be made with the object that he
should take action.
 It does not include police report
 PO made PR After investigation which
discloses the commission of a
…………………………. then such PR shall be
deemed to be a complaint.
 In general a complaint into an offence can be filed by
any person except in cases of offences relating to
……………, ……………………. and offences mentioned
under Sections 195 and 197.
 A complaint in a criminal case is what a plaint is in a
…………….case.
 There is no particular format of a complaint.

3
 Notes
Inquiry

It means every inquiry other than a trial, conducted under this Code
by a Magistrate or Court. An inquiry includes every inquiry before
trial to ascertain whether any offence has been committed and
whether it should be put upon the trial. It carries the following three
features:
 the inquiry is different from a trial in criminal matters;
 inquiry is wider than trial;
 it stops when ……….begins.

Trial

The word trial has not been defined under criminal procedure code. It
means the judicial process in accordance with law, whereby the
question of guilt or innocence of the person accused of an offences is
determined. Thus a trial ends either in ………………..or …………………….

Investigation
It includes
 all the proceedings under this Code
 for the collection of evidence
 conducted by a police o cer or by any person (other than a
Magistrate) who is authorised by a Magistrate in this behalf.
[Section 2(h)]
As per criminal procedure code, investigation is to be conducted
by a police o cer or by any other authorized person. Investigation
process consists of the following steps:
 Proceeding to the spot
 Ascertainment of facts and circumstances
 Discovery and arrest of the suspected person; and
 Collection of …………………….
The three terms — 'investigation', 'inquiry' and 'trial' denote three
different stages of a criminal case.
 The first stage is reached when a police o cer either on his
own or under orders of a Magistrate investigates into a case
(Section 202). If he finds that no offence has been committed,
he submits his report to the Magistrate who drops the
proceedings. But if he is of different opinion, he sends that
case to a Magistrate and then begins the second stage—a
………….or an ………………….
 The Magistrate may deal with the case himself and either
convict the accused or discharge or acquit him. In serious
offences the trial is before the Session's Court, which may
either discharge or convict or acquit the accused.
(Chaper XVIII)

4
‘
Notes
 It includes any proceeding in the course of
Judicial which ……………….. is or may be legally taken
Proceeding on oath.
 The term judicial proceeding includes inquiry
and trial but not ……………………….

Summons and Warrant Cases

 "Summons case" means a case relating to an offence and not being a
warrant case.
 A "Warrant case" means a case relating to an offence punishable with
death, imprisonment for life or imprisonment for a term exceeding
two years.
 Those cases which are punishable with imprisonment for two years or
less are …………………. cases, the rest are all ……………. cases. Thus,
the division is based on the quantum of punishment which can be
awarded.
 Under Section 204 of the code, a Magistrate taking cognizance of an
offence is to issue summons for the attendance of the accused if the
case is a summons case. If the case appears to be a warrant case, he
may issue a warrant or a summons as he seems fit.
 Further in a summon case, the court order is directly issued to a
person to produce himself before the court, whereas in a warrant
case, the court order is issued to the police to produce the
person concerned before the court

Power of the Court to pass sentences:

Sentences which High Courts, Sessions Judges and magistrate
may pass
 High Court may pass any sentence authorised by law.
 A Sessions Judge or Additional Sessions Judge may pass any
sentence authorised by law, but any sentence of death
passed by any such judge shall be subject to confirmation by
the High Court.
 An Assistant Sessions Judge may pass any sentence
authorised by law except a sentence of ………. or of
imprisonment for ……….or of imprisonment for a term
exceeding ten years.
 The Court of a Chief Judicial Magistrate may pass any
sentence authorised by law except a sentence of ………….. or
of ……………… for life or of imprisonment for a term exceeding
seven years.

5
 Notes
 A Magistrate of the first class may pass a sentence of imprisonment
for a term not exceeding three years or of a fine not exceeding Ten
thousand rupees, or of both.
 A Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not
exceeding five thousand rupees, or of both.
 Chief Metropolitan Magistrate shall have the powers of the Court of
a Chief Judicial Magistrate and that of a Metropolitan Magistrate,
and the powers of the Court of a Magistrate of the First class.

Sentence of imprisonment in default of fine

 Where a fine is imposed on an accused and it is not paid, the law
provides that he can be imprisoned for a term in addition to a
substantive imprisonment awarded to him, if any. Section 30
provides that the Court of a Magistrate may award such term of
imprisonment in default of payment of fine as is authorised by law
provided the that the term:
 is not in excess of the powers of the Magistrate Under Section 29;
and
 where imprisonment has been awarded as part of the substantive
sentence, it should not exceed 1/4th of the term of imprisonment
which the Magistrate is competent to inflict as punishment for
the offence otherwise than as imprisonment in default of
payment of the fine.

ARREST OF
PERSONS
Section 41 enumerates different categories of cases in which a police
o cer may arrest a person without an order from a Magistrate and
without a warrant. These include:
(a) who commits, in the presence of a police o cer, a cognizable
offence;
(b) against whom a
 reasonable complaint has been made, or
 credible information has been received, or
 reasonable suspicion exists
 that he has committed a cognizable offence punishable with
mprisonment for a term which may be less than seven years or
which may extend to seven years whether with or without fine,
if the following conditions are satisfied, namely:–
(i) the police o cer has reason to believe on the basis of such
complaint, information, or suspicion that such person has committed
the said offence;

6
 Notes

(ii) the police o cer is satisfied that such arrest is necessary–

a. to prevent such person from committing any further offence; or
b. for proper investigation of the offence; or
c. to prevent such person from causing the evidence of the offence
to disappear or tampering with such evidence in any manner; or
d. to prevent such person from making any inducement, threat or
promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to
the police o cer; or
e. as unless such person is arrested, his presence in the Court
whenever required cannot be ensured, and the police o cer
shall record while making such arrest, his reasons in writing:
Provided that a police o cer shall, in all cases where the arrest
of a person is not required under the provisions of this sub
section, record the reasons in writing for not making the arrest.
(ba) against whom credible information has been received that
he has committed a cognizable offence punishable with
imprisonment for a term which may extend to more than seven
years whether with or without fine or with death sentence and
the police o cer has reason to believe on the basis of that
information that such person has committed the said offence;
c. who has been proclaimed as an ………… either under this Code
or by order of the State Government; or
d. in whose possession any stolen property is found and who may
reasonably be suspected of having committed theft of such
thing; or
e. who obstructs a police o cer while in the execution of his ……..,
or who has escaped, or attempts to escape, from lawful
custody; or
f. who is reasonably suspected of being a ………………. from any of
the Armed Forces of the Union; or
g. If a person commits any offence outside India which is
cognizable offence, if committed in India, then PO can arrest
offender in India if offence was committed in a country with
which India has ……………………treaty.
h. who being a released convict, commits a breach of any rule,
relating to notification of residence or change of or absence
from residence; or
i. for whose arrest any requistion, whether written or oral, has
been received from another police o cer, provided that the
requisition specifies the person to be arrested, the offence
committed and it appears therefrom that the person might
lawfully be arrested without a warrant by the o cer who issued
the requisition. (Section 41)

7
 Notes
Certain measures to
be followed in the
exercise of power
under Section 41
It was believed that the power granted the police to make arrests
without warrant was misused in a number of cases. This was
brought to the notice of the higher courts which at various points
emphasized certain rules that must be followed by police while
exercising its powers to make arrest. These rules were gradually
incorporated in the Cr.P.C by making amendments to it. Following
are some of those safeguards:

Section 41A says that the police o cer shall, in all cases where
the arrest of a person is not required under the provisions of sub-
section (1) of section 41, issue a notice directing the person Section 41-C requires the State
Government to establish a police
against whom a reasonable complaint has been made, or credible control room in every district and at
information has been received, or a reasonable suspicion exists the State level, where the names
that he has committed a cognizable offence, to appear before and addresses of the person
him or at such other place as may be specified in the notice. arrested, nature of offences with
which they are charged and the
name and designation of the police
Where such a notice is issued to any person, it shall be the duty of officers who made the arrest are to
that person to comply with the terms of the notice and where be displayed .
such person complies and continues to comply with the notice,
he shall not be arrested in respect of the offence referred to in
the notice unless, for reasons to be recorded, the police o cer is
of the opinion that he ought to be arrested.

However if such person, at any time, fails to comply with the

terms of the notice or is unwilling to identify himself, the police
o cer may, subject to such orders as may have been passed by a
competent Court in this behalf, arrest him for the offence
mentioned in the notice.

Section 41B talks about the procedure of arrest and duties of the
o cer making arrest. According to it every police o cer while
making an arrest shall

(a) bear an accurate, visible and clear identification of his name

which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be
(i) attested by at least one witness, who is a member of the
family of the person arrested or a respectable member of
the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is
attested by a member of his family, that he has a right to
have a relative or a friend named by him to be informed of
his arrest.

8
 Notes

 According to Section 41D when any person is arrested and

interrogated by the police, he shall be entitled to meet an
advocate of his choice during interrogation, though not
throughout interrogation.
 Even the above measures while exercising the power to arrest
is not always followed. The Supreme Court in Arnesh Kumar v.
State of Bihar, (2014) 8 SCC 273, observed that: “the need for
caution in exercising the drastic power of arrest has been
emphasized time and again by Courts but has not yielded
desired result. Power to arrest greatly contributes to its
arrogance so also the failure of the Magistracy to check it. Not
only this, the power of arrest is one of the lucrative sources of
police corruption. The attitude to arrest first and then
proceed with the rest is despicable. It has become a handy
tool to the police o cers who lack sensitivity or act with
oblique motive”.
The Supreme Court in the above matter has directed that
accused should not be arrested in routine manner and all the pre-
conditions must be satisfied. The above judgement applies to
crimes punishable with upto 7 years of imprisonment.

Arrest on refusal Arrest by a

to give name private person
and residence

 If any person who is  A private person may

accused of committing a
non-cognizable offence
does not give his name,
residence or gives a name
and residence which the
police o cer feels to be
false, he may be taken into
custody. However, such
person cannot be detained
beyond ………… hours.
arrest or cause to be
arrested any person who
in his presence commits
a non-bailable and
cognizable offence or
who is a proclaimed
offender (Section 43).

Arrest by Magistrate
 Under Section 44 clause (1), the Magistrate has been given
power to arrest a person who has committed an offence in his
presence and also commit him to custody.

9
 Notes
Arrest how made

Section 46 sets out the manner in which an arrest is to

be made.
 The Section authorises a police o cer or other
person making an arrest to actually touch or confine
the body of
the person to be arrested and such police o cer or
other person may use all necessary means to effect
the arrest if there is forcible resistance.

 The Section does not give a right to cause the death of a

person who is not accused of an offence punishable with
death sentence or life imprisonment.
 Persons arrested are to be taken before the Magistrate or
o cer-in-charge of a police station without unnecessary
delay and subject to the provisions relating to bail, the
arrested person shall be present before the Magistrate
within 24 hours.
 When any person is arrested without a warrant, he can be
kept into custody for a period not exceeding 24 hours, and
before the expiry of that period he is to be produced before
the nearest Magistrate, who can order his detention for a
term not exceeding 15 days, or he can be taken to a
Magistrate, under whose jurisdiction he is to be tried, and
such Magistrate can remand him to custody for a term which
may exceed 15 days but not more than 60 days.
 O cers in-charge of the concerned police stations shall
report to the Magistrate the cases of all persons arrested
without warrant, within the limits of their respective police
stations whether such persons have been admitted to bail
or otherwise. (Section 58)
 A person arrested by a police o cer shall be discharged
only on his own bond or on bail or under the special order of
a Magistrate, (Section 59).
 If a person in lawful custody escapes or is rescued, the
person, from whose custody he escaped or was rescued, is
empowered to pursue and arrest him in any place in India and
although the person making such arrest is not acting under a
warrant and is not a police o cer having authority to arrest.

10
 Notes
Summons

A summon is issued for two purposes- \

 for …………………. of an accused person or witness or
 for …………………… a document or thing by an accused
person or witness.
Summon for appearance- Every summons is
 issued by the Court
 shall be in writing,
 in duplicate,
 signed by the Presiding O cer of such Court or by such
o cer as is authorised by the High Court and
 shall bear the seal of the Court (Section 61).
The summons should be clear and specific in its terms as to the
title of the Court, the place at which, the day and time ofthe day
when, the attendance of the person summoned is required.

Summons
to Produce
Sometimes it is necessary that a person should
produce a document or other thing which may be in
his possession or power for the purposes of any
investigation or inquiry under this Code. This can be
compelled to be produced by issuing summons
(Sections 91 and 92) or a warrant (Sections 93 to 98).

11
 Notes
Service of
summons

 The summons shall be served by a police o cer or by an

o cer of the Court or other public servant (Section 62).
 In case the service cannot be effected by the exercise of
due diligence, the serving o cer shall a x one of the
duplicates of the summons to some conspicuous part of the
house or homestead in which person summoned ordinarily
resides. (Section 65).
 The service of summons on a corporation may be effected
by serving it on the secretary, local manager or other
principal o cer of the corporation,
 When personal service of summons cannot be affected as
above the extended service can be secured by leaving one
of the duplicates with some adult male member of his family
residing with him who may also be asked to sign the receipt
for that. A servant is not a member of the family.
 In the case of a Government Servant, the duplicate copy of
the summons shall be sent to the head of the o ce by the
Court.

Warrant 0f Arrest

 Every warrant of arrest issued by a Court under this Code

shall be in writing, signed by the presiding o cer of such
Court, and shall bear the seal of the Court. Such warrant
shall remain in force until it is cancelled by the Court which
issued it, or until it is executed. (Section 70) The form of
warrant of arrest is Form No. 2 of the Second Schedule. The
requisites of a warrant are as follows:
• It must be in ……………..
• It must bear the name and designation of the person
who is to execute it;
• It must give full name and description of the person to
be arrested;

12
 Notes
Service of state the ……. charged;
• It must
summons
• It must be signed by the presiding o cer; and
• It must be sealed.
 Such warrant is only for protection of a person before the
concerned Court and not before the police o cer.
 The police o cer or other person executing the warrant of arrest
shall bring the person arrested before the Court without
unnecessary delay provided that such delay shall not in any case
exceed 24 hours exclusive of the time necessary for the journey
from the place of arrest to the Magistrate's Court.

Warrant
0f Arrest Where a warrant remains unexecuted, the Code
provides for two remedies:
(1) issuing a proclamation (Section 82); and
(2) attachment and sale of property (Section 83).
 If a Court has reason to believe that any person against whom a
warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, the Court may
publish a written proclamation requiring him to appear at a
specified place and at a specified time not less than ………………
days from the date of publishing such proclamation. (Section 82)
 While issuing proclamation, the Magistrate must record to his
satisfaction that the accused has absconded or is concealing
himself.
 The object of attaching property is not to …………………. him but to
compel his …………………..

Search Warrant

'Search warrant' means an order under the hand of justice of the

peace authorising a named person to enter a specified building and
to look for the seize certain specified objects.
According to Section 93, a search warrant can be issued only in the
following cases:
a) where the Court has reason to believe that a person
summoned to produce any document or other thing will not
produce it;
b) where such document or thing is not known to the Court to
be in the possession of any person; or
 c) where a general inspection or search is necessary. However,
a search warrant may be general or restricted in its scope as to

13
 Notes

any place or part thereof.

 Warrant for searching a document, parcel or other thing in
the custody of the postal or telegraph authority shall be as
per the provisions of Sections 123 and 124 of the Indian
Evidence Act, 1872 or the Bankers' Book Evidence Act, 1891.
 Any District Magistrate, Sub-Divisional Magistrate or
Magistrate of the first class who has reasons to believe that
any person is confined under such circumstances that the
confinement amounts to an offence, he may issue a search
warrant for the search of the person so confined. The person
if found shall be immediately produced before the Magistrate
for making such orders as in the circumstances of the case
he thinks proper.

Security for keeping the peace and

for good behaviour
The object of this Provision is prevention of crimes and disturbances of
public tranquillity and breach of the peace by persons who are a danger
to the public by reason of the commission of certain offences by them.
Security for keeping the peace on conviction
When a Court of Session or Court of a Magistrate of first class convicts
a person
 of any of the offences specified in sub-section (2) or of abetting any
such offence and
 is of opinion that it is necessary to take security from such person
 for keeping the ………………..,
 the Court may, at the time of …………………… on such person,
 order him to execute a ……………….., with or without sureties, for
keeping the peace for such period, not exceeding three years, as it
thinks fit.
The offences specified under sub-section (2) are as follows:
 any offence punishable under Chapter VIII of the India Penal Code
1860.
 any offence which consists of or includes, assault or using criminal
force or committing mischief;
 any offence of criminal intimidation;
 any other offence which caused, or was intended or known to be
likely to cause a breach of the peace.
However, if the conviction is set-aside on appeal or otherwise, the bond
so executed shall become ……………. (Section 106)

14
 Notes
Maintenance
of public order
and tranquillity

Dispersal of Unlawful assembly by use of civil force

Any Executive Magistrate or o ce in-charge of a police station or, in
the absence of such o cer in-charge,any other o cer not below the
rank of sub-inspector may
• command any unlawful assembly or any assembly of five or
more persons likely
• to cause a disturbance of the public peace, to disperse and
• it shall be thereupon the duty of the members of such
assembly to disperse accordingly.
If any such assembly does not disperse or conducts itself in a
manner as to show a determination not to disperse, any
Executive Magistrate or police o cer referred to above may
proceed to disperse such assembly by force and may require
the assistance of any male person not being an o cer or
member of the armed forces and acting as such, for the
purpose of dispersing such assembly and if necessary
arresting and confining the persons who form part of it, in
order to disperse such assembly. (Section 129)

Use of armed forces to disperse assembly

If any such assembly cannot be otherwise dispersed, and
if it is necessary for the public security that it should be
dispersed, the Executive Magistrate of the highest rank
who is present may cause it to be dispersed by the
armed forces and to arrest and confine such persons in
order to disperse the assembly or to have them
punished.
Section 132 protects persons for any act purporting to
be done under Sections 129 to 131. No prosecution
shall be instituted against such persons in any
criminal Court except with the sanction of Central
Government if the person is an o cer or member
of the armed forces or with the sanction of State
Government in any other case. (Section 130)

15
proceeded against:

confining or disposal.
‘
Public nuisances-Section 133 lays down the
following public nuisances which can be

 the unlawful obstruction or nuisance should

be removed from any public place or from
any way, river or channel which is or may be
lawfully used by the public; or
 carrying on any trade or occupation, or
keeping of any goods or merchandise, injurious
to the health of the community; or
 the construction of any building or the disposal
of any substance, as is likely to cause
conflagration or explosion; etc.
 the building, tent or structure near a public place.
 the dangerous animal requiring destroying,

For initiating prevention under this Section the

Magistrate should keep in mind that he is acting purely
in the public interest.

Preventive Action
of the Police and their
Powers to Investigate
Section 149 authorises a police o cer to prevent the
commission of any ………………………….. If the police
o cer receives
 the information of a design to commit such an
offence,
 he can communicate such information to his superior
police o cer and to any other o cer whose duty it is
to prevent or take cognizance of the commission of
any such offence.
 The police o cer may arrest the person without
orders from ……………… and without a ……………… if
Notes

the commission of such offence cannot be otherwise

prevented
 The arrested person can be detained in custody only
for ………….. hours unless his further detention is
required under any other provsions of this Code or of
any other law. (Sections 150 and 151) Section 152
authorises a police o cer to prevent injury to public
property.

16
 Notes

Inspection of weights and measures

 Any o cer incharge of the police station may without a

…………………….,
 enter any place within the limits of such station for the
purpose of inspecting or searching for any weights or
measures or
 instruments for weighing, used or kept therein,
 whenever he has reason to believe that there are in such place
any weights, measures or instruments for weighing which are
…………….,
 and if he finds in such place any false weights, measures or
instruments
 he may …………………….. the same and shall give information of
such seizure to a Magistrate having jurisdiction. (Section 153)

Cognizance of an offence by Magistrate

Section 190 relates to cognizance of offences by

Magistrates. The Court can take cognizance of an offence
only when conditions requisite for initiation of proceedings
before it are fulfilled otherwise the Court does not obtain
jurisdiction to try the offence
Any Magistrate of first class and of the second class
specially empowered may take cognizance of an offence
upon:
(1) receiving a complaint of facts constituting such
offence;
(2) a police report of such facts;
(3) information received from any person other than a
police o cer;
(4) his own knowledge that such offence has been
committed.
When a Magistrate takes cognizance of an offence upon
information received from any person other than a police
o cer or upon his own knowledge then the accused is
informed that he is entitled to have the case inquired into or
tried by another Magistrate and if the accused objects to
further proceedings before the Magistrate taking
cognizance, the case is transferred to other Magistrate as is
specified by the Chief Judicial Magistrate. (Section 191)

17
 Notes
Limitation for taking
Cognizance of Certain Offences
No Court shall take cognizance of an offence after the expiry of the period
of limitation mentioned below:
a) six months, if the offence is punishable with fine only.
b) one year, if the offence is punishable with imprisonment for a
term not exceeding one year; and
c) three years, if the offence is punishable with imprisonment
for a term exceeding one year but not exceeding three years.

A. Commencement of the period of limitation

The period in relation to an offender commences
(a) on the date of the offence;
(b) if the commission of the offence was not known to the person
aggrieved or to the police o cer, the first day on which either such
offence comes to the knowledge of such person or to any police
o cer, whichever is earlier;
(c) where the identity of the offender is not known, the first day on which
such identity becomes known either to the person aggrieved or the
police o cer whichever is earlier. (Section 469)
B. Following period will be excluded for computing period of
limitation-
a) the period during which another prosecution was deligently
prosecuted (the prosecution should relate to the same facts and is
prosecuted in good faith);
b) the period of the continuance of the stay order or injunction (from the
date of grant to the date of withdrawal) granted against the institution
of prosecution;
c) where notice of prosecution has been given, the period of notice;
d) where previous sanction or consent for the institution of any
prosecution is necessary, the period required for obtaining such
consent or sanction including the date of application for obtaining the
sanction and the date of the receipt of the order;
e) the period during which the offender is absent from India
f) period when the offender is absconding or concealing
himself. (Section 470)
If limitation expires on a day when the Court is ………………., cognizance can be
taken on the day the Court ………………... (Section 471)
Continuing offence — In the case of a continuing offence, a fresh period of
limitation begins to run at every moment during which the offence continues.
(Section 472)
Extension of period of limitation — The Court may take cognizance of an
offence after the expiry of the period of limitation if it is satisfied that (i) the
delay is properly explained or (ii) it is necessary to do so in the interests of
justice. (Section 473)

18
 Notes

Summary Trials

A. Meaning of summary trial

• Summary trial means the "………………………." of cases. It dispense
with formalities or delay in proceedings.
• By summary cases is meant a case which can be tried and disposed
of at once.
• Generally, it will apply to such offences not punishable with
imprisonment for a term exceeding two years.
B. Section 260(1) of the Criminal Procedure Code provides that the
following Magistrate are empowered to try the cases summarily;
• any Chief Judicial Magistrate;
• any Metropolitan Magistrate;
• any Magistrate of the First class who is specially empowered in this
behalf by the High Court,
Offences liable to b tried summarily
• offences not punishable with death, imprisonment for life or
imprisonment for a term exceeding two years;
• where the value of the property stolen does not exceed Rs. 2000;
• receiving or retaining stolen property, where the value of such
property, does not exceed Rs. 2000;
• assisting in the concealment or disposal of stolen property, where
the value of such property does not exceed Rs. 2000;
• offences relating to house breaking
• insult with intent to provoke a breach of the peace
• abetment of any of the foregoing offences;
• an attempt to commit any of the foregoing offences, when such
attempt is an offence;
• any offence in respect of a complaint may be made under Section
20 of the Cattle Trespass Act, 1871.

 when in the course of a summary trial it appears to the Magistrate that the
nature of the case is such that it is undesirable to try it summarily, the
Magistrate shall recall any witnesses who may have been examined and
proceed to re-hear the case in the manner provided in this Code.
 In all summary trials the ………………-case procedure should be followed
irrespective of the nature of the case i.e. whether it is a summons-case or
a warrant case.
 No sentence of imprisonment for a term exceeding 3 months shall be
passed in any conviction in summary trials.

19
 Notes
D. Records to be maintained in summary trial
The Magistrate shall enter in the prescribed form the following particulars in
every case tried summarily and sign such records-
• the serial number of the case;
• the date of the commission of the offence;
• the date of the report or complaint;
• the name of the complainant (if any);
• the name, parentage and residence of the accused;
• the offence complained of and the offence proved, and the value of
• the property in respect of which the offence has been committed
• the plea of the accused and his examination if any;
• the findings;
• the sentence or other final order;
• the date on which proceedings terminated.

Inherent Power of High Court

Section 482 of Cr.P.C. is one of the most important sections of the Code. It
says that nothing in this Code shall be deemed to limit or affect the
inherent powers of the High Court to make such orders as may be
necessary to give effect to any order under this Code, or to prevent abuse
of the process of any Court or otherwise to secure the ends of justice.
The powers of the High Court U/s 482 Cr.P.C are partly administrative and
partly judicial. Inherent powers u/s 482 of Cr.P.C. include powers to quash
FIR, investigation or any criminal proceedings pending before the High
Court or any Courts subordinate to it and are of wide magnitude and
ramification. Court can always take note of any miscarriage of justice and
prevent the same by exercising its powers under section 482 of Cr.P.C.
These powers are neither limited nor curtailed by any other provisions of
the Code. However, such inherent powers are to be exercised sparingly and
with caution.
The Supreme Court in Madhu Limaye v. State of Maharashtra, 1978 AIR 47,
has held that the following principles would govern the exercise of inherent
jurisdiction of the High Court:
1. Power is not to be resorted to, if there is a specific provision in the
Code for redress of grievances of aggrieved party.
2. It should be exercised very sparingly to prevent abuse of process of
any Court or otherwise to secure ends of justice.
3. It should not be exercised as against the express bar of the law
engrafted in any other provision of the code.
It is well settled that the inherent powers under section 482 can be
exercised only when no other remedy is available to the litigant and not
where a specific remedy is provided by the statute. If an effective
alternative remedy is available, the High Court will not exercise its powers
under this section, especially when the applicant may not have availed of
that remedy.

20
 Notes
Practical
questions

 A first information is lodged against A for committing one cognizable

and three non-cognizable offences. Can the police conduct investigation in
respect of all the four offences without an order from the magistrate?
It is clearly provided in Section 155(4) of that where a case relates to two or
more offences of which at least one is cognizable, the case shall be
deemed to be a cognizable case, notwithstanding that the other offences
are non-cognizable. In the view of this provision, the impugned case will be
treated as a cognizable case; and hence; the police can conduct
investigation in respect of all the four offences without the order of a
magistrate.
 Rajesh is tried summarily by the Chief Judicial Magistrate for the
charge of committing theft and is sentenced to undergo imprisonment for
four months. Can Rajesh challenge this decision and if so how?
Under Section 262 (2) Criminal Procedure Code, 1973 no sentence of
imprisonment for a term exceeding three months can be passed in case of
conviction in a summary trial. Thus, the sentence of four months
imprisonment could not have been legally awarded in the given case by
Chief Judicial Magistrate. Rajesh should, therefore, file an appeal before
the appropriate court challenging the quantum of punishment.
 A judicial magistrate of the first class convicts an accused of the
offence of theft. This offence is punishable with imprisonment which may
extend to three years. The magistrate sentences the accused to rigorous
imprisonment of two years and to pay a fine of Rs.1,000. In default of
payment of fine the accused is ordered to undergo further rigorous
imprisonment for one year. The accused wants to challenge the validity of
sentence in appeal. Advise him.
As provided In Section 30 of Criminal Procedure Code, 1973 the period of
sentence to be imposed in default of payment of fine is determined by the
following rules:
(1) It should not be in excess of the powers of the magistrate.
(2) Where imprisonment has been awarded as part or the substantive
sentence, it should not exceed 1/4th of the term of imprisonment
which he is competent to inflict as punishment for the offence
otherwise than as imprisonment in default of payment of fine.
In the matter under consideration the judicial magistrate first class can
inflict sentence of imprisonment of either description which may extend to
three years as punishment for the offence of theft otherwise than as
imprisonment in default of payment of fine. Therefore, the term of
imprisonment which can be awarded in default of payment of fine cannot
be more than one forth of three years. In other words, the term of sentence
in default of payment can not exceed nine months. The accused should be
advised to challenge the validity of sentence accordingly.

21
 Notes
 A files a complaint against B in respect of an offence triable by a court
of sessions. For the purpose of inquiry, the magistrate directed the
complainant to produce all his witnesses. A submitted an application that
he may be permitted to produce only important witnesses at the stage of
inquiry. Whether the magistrate should allow the application?
 According to provisions of Section 202 of Criminal Procedure Code,
1973 where a complaint made to a magistrate is in respect of an offence
triable by the court of sessions, it is obligatory for the magistrate to call
upon the complainant to produce all his witnesses. Recording of statement
of all the witnesses of the complainant is a compulsory requirement for
proceeding further in the matter as per proviso to Section 202(2). In View
of the above the Magistrate should not allow the application of the
complainant.
 On 1st January, 1995 A commits a crime which is punishable with fine
only. On 1st July, 1995 B comes to know about the crime and on 31st
December 1995 he lodges a police complaint. Will the cognizance of the
complaint. Answer with reasons.
As per Section 468 of Criminal Procedure Code, 1973 the period of
limitation for taking cognizance of an offence which is punishable with fine
only is six months. Further as per Section 469 the period of limitation
commences (1) on the date of offence; (2) if the commission of the offence
was not known to the aggrieved person or to the police o cer, the first day
on which either such offence comes to the knowledge of such person or to
any police o ce, whichever is earlier, and (3) where the identity of the
offender is not known, to either the person or the police o cer whichever
is earlier.
In the given case B has come to know the crime only on 1st July, 1995
though it was committed on 1st January, 1995. As per the provisions of
Section 469(2) as stated above the statutory limitation period of six
months for taking cognizance of the offence would end only on 31st
December. 1995. In view of this the Police o cer will have to take
cognizance of the offence.
 A commits an offence under India Penal Code which is punishable with
imprisonment for a term not exceeding one year. A compliant is lodged
against A after 15 months of committing the offence. Can the court take
cognizance of the offence?
No. As per Section 468 of the Criminal Procedure Code, 1973 except as
otherwise specifically provided no court shall take cognizance of an
offence after the expiry of the period of limitation as set out below:
(a) Six months, if the offence is punishable with fine only.
(b) One year, if the offence is punishable with imprisonment for a term
not exceeding one year.
(c) Three years, if the offence is punishable with imprisonment for a
term exceeding one year but not exceeding three years.
A complaint is lodged against A after 15 months of committing the offence
for which the maximum punishment does not exceed one year. According
to Section 468(2) (b) of the Criminal Procedure Code, 1973, the court cannot
take cognizance of the offence after the expiry of the prescribed period i.e.
one year.

22
 Notes

 X commits an offence by causing injury to Y, punishable under Section

323 of the Indian Penal Code which is punishable for a term of one year
or with a fine of Rs.1,000/-. Y makes a complaint to the Metropolitan
Magistrate against X after 10 months of the commission of the
offence. Can the said court take cognizance of that offence?
Criminal Procedure Code, 1973 under Section 468 provides that if the o ce
is punishable with imprisonment for a term not exceeding one year, the
limitation period is one year. Within that period, the matter should be
brought before the court to take cognizance of the offence.
In this case, the offence is punishable with imprisonment for one year of
with a fine of Rs.1,000/-. Y makes a compliant after 10 months of
commission of offence and it is well within limitation period. The complaint
has been made to Metropolitan Magistrate but it will be transferred to and
tried by a court of Magistrate of second class who has powers under Section
29 to pass a sentence of imprisonment of not exceeding one year or fine not
exceeding Rs.1,000/- or both. Cognizance will be taken and the matter will be
referred to the competent court.
 A requisition was received by the sub-inspector of a police station
from another police-station to arrest one Sameer in connection with
the commission of a non cognizable offence. Can the sub-inspector
arrest Sameer
In the present problem, arrest is required to be made in connection with a
non cognizable offence for which warrant is necessary. Therefore, Sameer
cannot be legally arrested without warrant. The sub-inspector cannot arrest
Sameer on the basis of requisition alone.
Section 41(1)(i) of the Code of Criminal Procedure, 1973 provides that police
can arrest a person without warrant for whose arrest a requisition is
received from other police station only when the offence, in connection of
which requisition is made, is such for which arrest warrant is not required.
 Sohan is tried summarily by the metropolitan magistrate on the
charge of committing theft and is sentenced to undergo
imprisonment for a period of four months. Can Sohan challenge the
decision? If so, on what grounds?
Under Section 260 of the Criminal Procedure Code, 1973, a Chief Judicial
Magistrate has been authorized to try summarily anyone or all the offences
stipulated therein. The offences stipulated under Section 260 of the Code
inter alia include theft under Section 379, 380 or 381 of the Indian Penal Code
where the value of the property stolen does not exceed two hundred rupees.
The Code also provides under Section 262(2) that no sentence of
imprisonment exceeding three months shall be passed in the case of any
conviction in summary trials.
Therefore, Sohan can challenge the decision of the Chief Judicial Magistrate
under Section 262(2) of the Cr. P.C.

23
 Notes
 Amar and Bimal are jointly tried for the murder of Roshan. It is proved
that Amar said, "Bimal and I murdered Roshan". Can the 'court consider
the effect of this confession as against Bimal? Give reasons.
In the case of joint trial, the court may consider the effect of this
confession as against Sima!. Section 30 of the Indian Evidence Act dealing
with the confession of a co-accused says:
When more persons than one are being tried jointly for the same offence,
and a confession made by one of such persons affecting himself and some
other of such person is proved, the court may take into consideration such
confession as against such other person as well as against the person who
makes such confession.
 Sumesh, a sub-inspector of police, comes to know from a secret
source that five persons, staying in a house with deadly weapons in
Kanpur, are planning to commit murder of Gabbar, a resident of a
nearby house. Sumesh apprehends that those five persons will
commit the crime at any moment. Sumesh, sub inspector of police,
goes to that house where those five persons were staying and arrests
them along with weapons in their possession, without any warrant or
order from the magistrate. Is the arrest of all the five persons valid?
Give reasons.
The arrest of all the persons is valid. Section 149 of the Code of Criminal
Procedure, 1973, authorizes a police o cer to prevent the commission of
any cognizable offence. If the police o cer receives the information of a
design to commit such an offence, he can communicate such information
to his superior police o cer and to any other o cer whose duty it is to
prevent or take cognizance of the commission of any such offence. The
police o cer may arrest the person without orders from Magistrate and
without a warrant if the commission of such offence cannot be otherwise
prevented. In the given case, the five persons were planning to commit the
murder of Gabbar and to prevent the commission of such offence he
arrested them. In view of the legal provisions mentioned above, the arrest
of all the five persons by Sumesh, the sub inspector of police is valid.
 A magistrate of the first class passes a sentence of imprisonment for
a term of three years with a fine of Rs. 5, 000 and in lieu of non
payment thereof, an additional imprisonment for another one year.
The convict feels aggrieved by the sentence.
(i) Has the convict any right to appeal against this sentence?
(ii) Will the situation change, if the sentence is passed by the court of a
chief judicial magistrate?
Give reasons in support of your answer.
Section 29 of the Code of Criminal Procedure, 1973 specifies the
sentencing powers of Magistrates. As per Section 29 of the Code, a
Magistrate of the first class may pass a sentence of imprisonment for a
term not exceeding three years or of a fine not exceeding five thousand
rupees or of both.

24
 Notes

Further, the Section specifies that the Court of a Chief Judicial

Magistrate may pass any sentence authorised by law except a sentence of
death or of imprisonment for life or of imprisonment for a term exceeding
seven years.
Section 30 defines the limits of Magistrate's powers to award
imprisonment in default of payment of fine. It provides that the Court of a
Magistrate may award such term of imprisonment in default of payment
of fine as is authorised by law provided that the term:
(i) is not in excess of the powers of the Magistrate under Section 29;
and
(ii) where imprisonment has been awarded as part of the substantive
sentence, it should not exceed 1/4th of the term of imprisonment
which the Magistrate is competent to inflict as punishment for the
offence otherwise than as imprisonment in default of payment of
the fine.
The convict has a right to appeal against the sentence of the First
Class Magistrate, since the sentence given by him for default of
payment of fine exceeds the limit stipulated under Section 30 of
the Code.
The situation will change, as the Chief Judicial Magistrate
comparatively is authorized to pass greater sentence than a
Magistrate of the first class as mentioned above.
 A tenant had abandoned the disputed house before his death but
possession of the said house was not handed over to the landlord.
The heirs of the deceased tenant had not paid rent but they had
locked the house. The Sub-Divisional Magistrate issued an order
under section 144 of the Code of Criminal Procedure, 1973 to unlock
the house. The heirs of the deceased tenant resist the order of the
Sub-Divisional Magistrate. Will they succeed? What will be your
answer, if the said house is in a dilapidated condition and is likely to
endanger human life, health or safety?
In the present problem, the rights and liabilities of the landlord and tenant
are governed by the Rent Laws. Therefore, jurisdiction of the court cannot
be circumvented and the tenant cannot be evicted by an order under
Section 144 of the Code of Criminal Procedure, 1973. Therefore, the orders
of the Sub-Divisional Magistrate are null and void. Heirs of the tenant may
resist the orders and they will succeed. But if the said house is in
dilapidated condition and dangerous human life, health or safety, such
order under section 144 of the Code of Criminal Procedure, 1973 is valid.
 An accused person makes a confessional statement to the police
o cer in the hearing and presence of a private person. Can the
private person give evidence of the confessional statement made by
the accused person so as to be proved against the accused?

25
 Notes

The private person cannot give evidence of the confession made by the
accused because in view of Section 25 of the Evidence Act, such
statement is a confession to a police o cer and cannot be proved.
An information is given to the in-charge of police station against Rahul, a
small trader, that he has committed a non-cognizable offence of fraudulent
use of false weights and measures. The in-charge of police station, after
entering the substance of the information in the Daily Diary kept at the
police station, commences investigation without the order of the
magistrate. Rahul objects to this action of the police. Will the objection of
Rahul be sustained?
The objection of Rahul will be sustained. Under Section 155(2) of Code of
Criminal Procedure, 1973, a police o ce cannot investigate a non-
cognizable offence without the previous order of the Magistrate. Section
155(2) lays down that "no police o cer shall investigate a non-cognizable
case without the order of Magistrate having power to try such case or
commit the case for trial." In this problem the police o cer investigates
without the order of Magistrate. Section 155(2) of the Code of Criminal
Procedure is a mandatory provision and non-compliance of this mandatory
provision by the police may also be considered as violative of Article 21 of
the Constitution. This was the opinion of Calcutta High Court in Subodh
Singh v. State,1974 Cr.L.J 185 (Cal. HC). In view of this, Rahul's objection is
legal and will be sustained.
 Aruns is charged of murder of Varun. The charge sheet is filed in the
court of Chief Judicial Magistrate, who passed an order of sentence of
imprisonment for life. Arun engages you as a lawyer to advice him.
Advise him giving reasons.
Section 29 of the Code of Criminal Procedure, 1973 specifies the
sentencing power of Magistrates. This Section inter-alia stipulates that the
Court of a Chief Judicial magistrate may pass any sentence authorised by
law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.
 A magistrate of the first class passes a sentence of imprisonment for
a term of three years with a fine of Rs. 5000, and in case of failure to
pay the fine an additional imprisonment for another one year. The
convict feels aggrieved by the sentence. Can he prefer an appeal\
against the judgment?

26
 Notes

The convict may appeal against the judgment of the Magistrate. Under
Section of the Cr.P.C. 1973, the Court of a Magistrate may award such term
of imprisonment default of payment of fine as is authorized by law
provided the term is not i excess the powers of the Magistrate under
Section 29 of the Code (a Magistrate under Section 29 can impose
imprisonment for a term of three years or a fine of Rs 5000 or of b and shall
not where the imprisonment has been awarded as a pat of the substance
sentence exceed one-fourth of the term of imprisonment which the
Magistrate competent to inflict as punishment for the offence otherwise
than as imprisonment default of payment of the fine.
The Sub Divisional Magistrate at the instance of o cer in-charge of police
station passed an order under Section 144 of the Code of Criminal
Procedure, 1973 by which petitioner's Puja Committee and others were
prohibited from taking out immersion procession of statue of Goddess
Durga and passing in front of two mosques in the village concerned playing
music on V ayadashmi day. Members of Hindu community agitate the
order as such order amounts to interference in their legal exercise of
customary and religious right. Whether the order passed by the Sub
Divisional Magistrate is valid? Give reasons in support of your answer.
The order passed by the Sub Divisional Magistrate under Section 144 of the
Cr. P.C. is not valid. The Sub Divisional Magistrate has no authority to
interfere with the fundamental rights guaranteed under Articles 25 and 26
of the Constitution in exercise of jurisdiction under Section 144 of the Cr.
P.C. The exercise of powers under Section 14 of the Cr. P.C. must be in aid
of legal rights and against those who interfere with lawful exercise thereof.
The right to take out procession flows from the right in Article 19(1)(b) of the
Constitution.
In the case, a section of Hindu community was going to exercise their
customary and religious rights through the public streets. Playing of
musical instruments near mosques is not at all contrary to any of the
religious right of Muslim community. Thus, order of Sub Divisional
Magistrate is not valid. The facts of the problem resembles to the facts of
the case Prabhas Kumar Roy v. The O cer-in-charge of Ram Nagar Police
station & Others, 1985 Cr. L.J 957

27