Code of Criminal Procedure, 1973

New Cr.P.C., 1973 was drafted on the basis of the

recommendations of 41st LCR.
The Cr.P.C., came into force w.e.f. 1-4-1974
The Cr.P.C., has 37 chapters, 484 sections and 2
schedules.
First Schedule—Classification of offences, like
bailable and non-bailable offences, Cognizable and
non-cognizable offences
Second Schedule—Formats of various Forms like
summons, bailable warrant, N.B.W., personal
bond, bail bond, conviction warrant, release order,
search warrant etc.
 Latest Amendments in Cr.P.C., 1973
• 1. By Act No. 34 of 2019 (w.e.f.,31-10-2019) section 1
(2) of Cr. P. C., was amended. Words “except the state
of Jammu and Kashmir” were omitted.
• 2. By Criminal law (Amendment) Act, 2018, Act No. 22
of 2018 w.e.f., 21-4-2018
• sections 26,154, 161, 164, 173, 197, 309, 327, 357B,
357C, 374, 377, 438, 439, and Ist Schedule was
amended.
• 3. By Criminal law (Amendment) Act, 2013, Act No. 13
of 2013 w.e.f., 3-2-2013
• sections 26, 54A, 154, 160, 161, 164, 173, 197, 198B
273, 309, 327, 357B, 357C, and Ist Schedule was
amended/added.
• 4. By Cr. P. C., (Amendment) Act, 2010, Act
No. 41 of 2010 w.e.f., 21-9-2010
• sections 41 and 41A were amended/ added.
• 5. By Cr. P. C., (Amendment) Act, 2008, Act
No. 5 of 2009 w.e.f., 7-1-2009
• sections 2, 24, 26, 41, 41A, 41B, 41C, 41D, 46,
54, 55A, 60 A, 157, 161, 164, 167, 172, 173,
195A, 198, 242, 275, 309, 313, 320, 327, 328,
329, 330, 357A, 372, 416, 437A, form 45 were
amended/added.
• 6. By Cr. P. C., (Amendment) Act, 2006, Act No.
25 of 2006
• section 1 of Act No. 25 of 2005 was amended.
• 7. By Cr. P. C., (Amendment) Act, 2005, Act No. 2
of 2006 w.e.f., 16-4-2006
• sections 195, chapter XXI-A, (plea bargaining),
292, 340, omission of section 2 of Act No. 25 of
2005, and first schedule was amended/ added.
Hierarchy of criminal courts and their powers in India
Supreme Court of India Any sentence authorized by Law

High Court in a State Any sentence authorized by Law

District & Sessions Judge/Additional Any sentence authorized by Law.

District & Sessions Judge
Assistant Sessions Judge
Chief Judicial Magistrate / Chief
Metropolitan Magistrate
Judicial Magistrate class I
/Metropolitan Magistrate
Judicial Magistrate class II
Special Judicial Magistrate(honorary) (But upto 1 year/ 5,000/- fine or
Executive Magistrate (class I or II)
Death Penalty subject to
confirmation by High Court (S.366)
Any sentence authorized by Law
(But up to 10 years or fine or both)
(Any sentence authorized by Law
But up to 7 years or fine or both)
Any sentence authorized by Law
(But upto 3 years/10,000/- fine or
both)
Any sentence authorized by Law
both)
Any sentence authorized by Law
• A criminal case from one state/UT to another can be
transferred by Supreme Court.

• A criminal case from one district to another within a

state can be transferred by High Court of that state.

• A criminal case from one court to another court within a

district can be transferred by the District Judge.

• A criminal case from one court of Judicial Magistrate to

another within a district can be also transferred by the
C.J.M.
• Place or places of sitting of a criminal court can be
notified by the High Court u/s 9 (6) Cr.P.C.,
• Sessions judge of Dehra Dun also sits at
Mussooriee by virtue of an old notification of
Allahabad High Court.
• But with the consent of prosecution and accused,
court of sessions may hold court at any other
place, if he is of the opinion that it will tend to the
general convenience of the parties and witnesses
to hold its sittings.
• Session judge or Sessions Judge? (one judge
sitting at different places in different sessions)
• In high profile cases, some times makeshift courts are
arranged to sit in Jail premises also.
• Unnao (UP) gang rape case dated 11-6-2017, State v.
MLA Kuldeep Singh and others was transferred from
U.P. to Delhi (from one state to another) by the order
of Supreme Court.
• Following a truck collision on 28-7-2019 in which
rape victim and her counsel were seriously injured
and two family members who were witnesses of
rape, died. (separate C.S. will be filed)
• Delhi High Court on 6-9-2019 issued a notification u/s
9 (6) Cr.P.C., and allowed sessions judge of Delhi to
set up a makeshift court at the AIIMS, trauma
centre, New Delhi so that rape survivor could depose
from the Hospital where she was getting treatment
after being injured in a road accident
 Object and importance of Cr.P.C.
Substantive and Procedural laws:-
Substantive law is a statutory law that deals with legal
relationship between people and the state. It defines rights
and liabilities of parties. It defines offences and provides
punishment for the same. Its object is to protect society by
punishing the offenders.
Substantive criminal law is not self operative. It is for
this reason that Cr.P.C., an adjective branch of criminal law
which is designed to provide machinery for administering
substantive criminal law, provides for detection of crime,
arrest of offenders, collection of evidence, trial procedure
for determination of guilt or innocence and imposition of
suitable punishment on the guilty person.
Thus, Cr.P.C., is a procedural law.
 Procedural law oversees the litigation process of the
case, by confirming to the step by step process through
which the case passes. Whereas substantive law can be
defined as comprises of statutory rules passed by the
legislature, through the process of enactment, regulating
the conduct of citizens.
Cr.P.C., is mainly adjective law of procedure,
providing the procedure for trial of substantive offences,
as contained in IPC and other laws. However, few
provisions of Cr.P.C., relating to prevention of offences
{chapter VIII, relating to security for keeping peace and
good behaviour; chapter X, relating to maintenance of
public order and tranquillity, chapter XI relating to
preventive action of police and chapter IX maintenance of
wives, children and parents (125) are substantive in
nature.
 Substantive and procedural laws
Basis for comparison Procedural law Substantive law
Meaning PL is a law that specifies SL is the law that states the
the practice, procedure and rights and obligations of
machinery for the parties.
imposition of rights and
duties.
Governs How legal case flows? How people should
behave?
Concerned with Ways and means for Fixation of rights and
imposing substantive law duties of the citizens
Defines Initiation and prosecution Rights of parties and
of criminal cases punishment for wrong
doer.

Related to Matter inside the court Matters outside the court.

Example Cr.P.C., C.P.C., Evidence Act IPC, Contract Act, JJ Act.
 Scope and importance of Cr.P.C.
• Generally speaking, Cr.P.C., is applicable in respect of
investigation, inquiry and trial (IIT) of every offence
under substantive criminal law, i.e., whether such offence
is punishable under IPC or under any special or local law.
(section 4) However, Cr.P.C., is not unduly rigid. If any
special procedure is given under special law, the same will
prevail. (section 5)
• Eg., due to local exigencies, the powers of investigation
are given to patwaris (revenue police) in Uttarakhund.
They investigate the crime and submit charge sheet in the
court of Judicial Magistrate. Thus, local law and
procedure prevails in Uttarakhund state over the Cr.P.C.
• Uttarakhund HC has recently directed to abolish this
procedure of investigation by revenue police.(see Hindi
Hindustan, dated 13-1-2018, page 16, col. 1)
• Special procedure is applicable to
proceedings under contempt of courts Act and
Cr. P. C., is not applicable to contempt
proceedings in as much as contempt is not an
offence u/s 4(2) Cr.P.C.
• Special procedure for inquiry and investigation
is provided for juveniles under J.J. (care and
protection of children) Act, 2015. Juveniles
are never sent to jail. Procedure in the Act
prevails over Cr.P.C. Bail provisions are also
easy under JJ Act, 2015
 Lecture- 1- Introduction
• The criminal law can be set into motion mainly by two
methods -
A) First, by lodging a F.I.R. at the police station and
B) Second, by lodging/filing a complaint case directly
to the Court of the Judicial Magistrate concerned.
• Whenever an F.I.R is lodged (S.154 & 155 Cr.P.C.) at the
police station, police takes the cognizance of offence.
Police can take the cognizance directly in all cognizable
offences without the orders of the Magistrate. They
have power to arrest without warrant. But if the
offence is of non-cognizable nature then police has no
power to arrest without warrant or authority to start
investigation without the orders of the Magistrate.
• Second method of initiating the criminal process is
complaint. Complaint u/s 2 (d) 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. Magistrate is authorized to take
cognizance of offence upon a complaint u/s 190 (1)
(a) Cr.P.C. Whenever a complaint is lodged directly
to the Magistrate; he may take the cognizance
himself and examine the complainant (S.200
Cr.P.C.). He may also take the statement of
witnesses to the crime, if any, u/s 202 Cr.P.C.
• If, after considering the statements on oath of the
complainant and witnesses present (S.200) and of the
remaining witnesses (S.202), the Magistrate is of the
opinion that there are no sufficient ground for
proceeding, he shall dismiss the complaint (S.203) and
shall briefly record his reason or doing so. But if in the
opinion of the Magistrate, there are sufficient grounds
for proceeding, he may issue the process, u/s 204
Cr.P.C. and may issue summons or warrants against the
accused person(s).
• N.B.:- Evidence recorded u/s 200 and 202 Cr.P.C. is
material only for the purposes of summoning of the
accused persons. (not for framing of the charges) For
framing of charges, fresh evidence is recorded by the
Magistrate u/s 244.
• Summary of beginning of criminal proceedings on a
complaint. Section 2 (d) Cr.P.C.
1. S. 190 (1) (a) Taking of cognizance by Magistrate
2. S. 200- Recording of statement of complainant
and witnesses present in court.
3. S. 202- Recording of statement of remaining
witnesses of the complainant.
4(a) S. 203- If no case is made out-Dismissal of
complaint
4(b) S. 204- If grounds for proceeding are sufficient,
summon or warrant shall be issued against the
accused persons. (bail)
See the connectivity between different sections of Cr.P.C.
• Magistrate has another option besides taking
cognizance; he may empower the police officer to
investigate the matter (S.156 (3). Similar powers
police acquires when the F.I.R. of a non-cognizable
offence is registered. In such cases police officer shall
not investigate a non-cognizable offence without the
orders of the Magistrate but if the Magistrate orders
for police investigation then police officer may exercise
same powers in respect of investigation except the
power to arrest without warrant as in cognizable case.
In cognizable offence the police are fully empowered
to investigate the case without the orders of the
Magistrate and have power to arrest the accused
without warrant. S.154 to 173 Cr.P.C. deal with the
process of investigation. (case diary to be opened for
each case)
• There are three stages of a criminal proceeding, i.e.,
• a) Investigation, b) Inquiry and c) Trial (I. I. T.)
• Investigation is always done by police while inquiry is done
always by the orders of the Magistrate. In complaint cases,
truly speaking, the stage of investigation is absent because
the cognizance is directly taken by the Magistrate and the
investigation, if any, done by the police, is done on the
orders of the Magistrate only. The investigation results into,
• (a) Filing of charge sheet/challan showing that a particular
offence is made out or final report (F.R.) that no case is
made out (S.173 Cr.P.C.) or
• (b) That there is no sufficient evidence or reasonable
ground for forwarding the accused to a Magistrate, i.e., final
report/closure report/expunge the FIR (S.169 Cr.P.C.). The
inquiry always results into either charge or discharge. It is
only after the framing of charge that the trial begins. There
are five types of trials in Cr. P. C.
• Term investigation has been defined u/s 2 (h);
investigation includes all the proceedings under this
code for the collection of evidence conducted by a
police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this
behalf.
• Investigation is described as “the executive stage in
which there should be no judicial interference” (cf.
supervision)
• Inquiry has been defined u/s 2 (g); inquiry means
every inquiry, other than a trial, conducted under this
code by a Magistrate or court. Inquiry and trial are
together known as judicial proceedings.
• (Inquiry + Trial = Judicial Proceedings)
 Distinction between FIR and complaint
• FIR is an information, first in point of time, given to a
police officer for registration of a criminal case at the
police station, praying that suitable action be taken
against the known or unknown persons. ( word FIR is
used U/S 207 (ii)
• FIR of cognizable offences is lodged u/s 154, whereas
FIR of non-cognizable cases is lodged u/s 155 Cr.P.C.
The investigation of the crime begins with lodging of
FIR and it ends with filing of charge sheet (case made
out) or filing of final report (no case made out against
any one) or case may be expunged u/s 169 when the
evidence is deficient to proceed with against the
accused persons.
• 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 known or
unknown, has committed an offence. But it does not
include a police report. (S.2 d) The police report is
filed by the police at the close of investigation u/s
173 Cr.P.C. (see section 2 (r).
• But a report made by a police officer in a case which
discloses, after investigation, the commission of a
non-cognizable offence shall be deemed to be a
complaint; and the police officer by whom such
report is made shall be deemed to be complainant.
 Charge
• Charge is defined* u/s 2(b). Charge includes any head of
charge when the charge contains more heads than one.
(charge is summary of allegations against accused)
A criminal charge is a formal accusation by the state
asserting that someone has committed an offence on a
particular date and time detailing out the facts which
constitute the offence.
• Framing of charge is a part of inquiry. After framing of
charge, trial begins. Charges are framed on the basis of
evidence available in the case diary in police cases in which
charge sheet is filed by the police and on the basis of
evidence recorded by the court u/s 244 in complaint cases
filed directly before the court.
• However no formal charge is framed in summon trials and
summary trials. Only substance of accusation is explained to
the accused instead of framing a charge.
Commencement of proceedings before a Magistrate

Appearance of accused before the court:-

After filing of a complaint and taking evidence u/s 200 and
202 Cr.P.C. or after receiving a police report u/s 173 Cr.P.C.
and after perusal of case diary, the Magistrate may issue
process for the appearance of accused to attend the trial
before the court. Mainly there are five methods to compel
the presence of the accused before the court for trial, i.e.,
by issue of summons, by arrest on B.W. or N.B.W. or by
issuing warrant u/s 82 or 83 Cr.P.C. (subject to bail)
On the receipt of charge sheet, or after taking evidence
u/s 200 and 202 Cr.P.C., Magistrate may issue process u/s
204 Cr.P.C. for appearance of accused in any of the
following ways:-
 (i) summons
(ii) bailable warrants
(iii) non-bailable warrants.
(iv) By proclamation for person absconding (82)-
if not arrested
(V) By attachment of property of the absconding
accused (83)
(VI) By taking a bond for appearance, if accused
is present in court. (88)*
• Warrant case and Summons case
• In summons cases, ordinarily the summons are issued first
(S.204 r/w S.2 (w), while in warrant cases court may issue
warrants in the first instance.
• Warrant-case means a case relating to an offence
punishable with death, imprisonment for life or
imprisonment for a term exceeding 2 years (S.2 (x).
• Summons-case means a case relating to an offence
punishable up to 2 years and not exceeding 2 years (S.2 (w).
• Summons are ordinarily issued in all summons cases and
also in warrant cases at court’s discretion (S.204 r/w 2 (x).
Warrants are issued in all warrants cases and also in
summons cases (S.87). If the accused is present in the court
when the Magistrate takes cognizance of the case,
Magistrate may require him to execute a bond for
appearance (S.88). If the accused in any case commits breach
of this bond, warrant may be issued for his appearance u/s
89 Cr.P.C.
• Arrest by the police without warrant is also a method
to produce the accused before the court for trial.
Police officers are authorized to arrest without warrant
an accused who has committed a cognizable offence
(S.41).
• The police officer has also power to arrest a person on
his refusal to give his name and address if he has
committed a non-cognizable offence in his presence
(S.42).
• Private persons are also authorized to arrest any
person, who in his presence commits a non-bailable
and cognizable offence (S.43).
• Likewise Magistrate himself may arrest the offender
without warrant u/s 44 Cr.P.C., if offence is committed
in his presence.
 Classification of offences
• In Cr.P.C., offences are classified as: -
a) Cognizable and non-cognizable offences.(see
schedule I)
b) Bailable and non-bailable offences. (see
schedule I)
c) Compoundable and non-compoundable
offences (S. 320)
• Cognizable and non-cognizable offences
• Whether the offence is cognizable or non-cognizable,
police officer or court is not supposed to apply its
mind. One has to look into first schedule attached to
Cr.P.C. Column no. 4 of schedule classifies all I.P.C.
offences either into cognizable or non-cognizable
offences. The significance of this classification is that
in cognizable offences police officer can start
investigation suo moto and can arrest without
warrant, whereas in non-cognizable offences police
comes into motion only upon the orders of the
Magistrate.
• The term ‘cognizable offence’ and ‘cognizable
case’ have been defined in S.2(c) of Cr.P.C.
Cognizable offence means an offence for
which, and cognizable case means a case in
which, a police officer may, in accordance with
the first schedule attached to Cr.P.C. or any
other law for the time being in force, arrest
without warrant. Meaning thereby, whether
an offence is cognizable or not we have to look
into the schedule attached to Cr.P.C.
• (Accused person will apply for bail)
• “Non-cognizable offence” means an offence
for which, and “non-cognizable case” means a
case in which, a police officer has no authority
to arrest without warrant.( see section 2(l)
Cr.P.C.
 Bailable and non-bailable offences
Column 5 of the schedule one attached with
Cr.P.C., classifies all I.P.C. offences into bailable or
non-bailable offences. Bailable offence means an
offence, which is shown as bailable in the first
Schedule, or which is made bailable by any other
law for the time being in force (S.2 (a). A
non-bailable offence means any other offence, (S.2
(a).
The significance of this distinction is that in
bailable offences accused has a right to get bail
(S.436) while in non-bailable offences; it is the
discretion of the court whether to grant bail or not
(S.437). New Cr.P.C. of 1973 also provides for
‘Anticipatory Bail’ to a person apprehending arrest
for a non-bailable offence (S.438).
• Compoundable and non-compoundable offences
• Next classification of offences from another dimension is
compoundable and non-compoundable. Word
compoundable means to forbear from prosecuting or to
compromise or to come to terms with a person, for
forgoing a claim for an offence. S.320 of the code provides
for compounding of certain offences. There are two tables
in S.320. The offences mentioned in the first table can be
compounded by the person who was aggrieved and
launched the criminal proceedings. But the offences
mentioned in the second table u/s 320 (2) can be
compounded only with the permission of the court by
the aggrieved person, who had originally set the criminal
law into motion. The composition of an offence u/s 320
(8) shall have the effect of an acquittal of the accused
with whom the offence has been compounded.
 The Equations:-
1. Bailable + non-bailable offence = Non-bailable
offence
2. Cognizable + non-cognizable offence = Cognizable
offence (155(4)
3. Compoundable + non-compoundable offence =
non-compoundable offence
N.B. :- major offence in a group will decide the nature
and gravity of the offence
 Stages of a trial
• 1. Opening of case for prosecution-by describing the
charge and evidence against accused.
• 2. Discharge- if no ground for proceeding.
• 3. Framing of the charge- if there are grounds for
believing that accused has committed an offence.
• 4. Accused will be asked to plead guilty or claims to
be tried
• 5. Conviction on plea of guilt or
• 6. Date for prosecution evidence- Summons will be
issued against witnesses.
• 7. Evidence for prosecution-PWs
• 8. Recording of statement of accused person (313)
• 8A. Acquittal (232)—Only in sessions trial
• 9. Evidence for defence- DWs
• 10. Arguments.
• 11. Judgment of acquittal (if case is not proved
beyond reasonable doubt) or
• 12. Judgment of conviction (if case is proved beyond
reasonable doubt and accused is found guilty)
• (benefit of release on probation may be given
instead of sending him to jail) S. 360 Cr.P.C. and
Probation of offenders Act
• Found guilty—Separate hearing on question of sentence
will be given.
• 13. Pronouncement of judgment-- in open court.
Conviction warrant to be prepared, if convicted.
Released order to be sent to jail, if accused is in jail
• Five Types of Trial (SWWSS)
• a) Session trial (S.225-235),
• b) Warrant trial on police report (S.238-243
and 248),
• c) Warrant trial otherwise than on police
report, i.e., Complaint case (S.244-250),
• d) Summons trial (S.251-259) and
• e) Summary trial (S.260-265).
 Hierarchy of Criminal Courts (functionaries)
See the chart
Hierarchy of criminal courts under Cr.P.C. has been
created for the trial of offences and rectification of
errors. This hierarchy along with their powers is as
follows: -
1. Supreme Court – (Any sentence, any fine,
authorized by law)
2. High Court – (Any sentence authorized by law)
3. Session Court including Additional Sessions
Judge – (Any sentence authorized by law but the
death penalty is subject to confirmation by High
Court – (S.366 Cr.P.C.)
4. Assistant Session Judge – (sentence not exceeding 10
years, no fine limits).
5. Chief Judicial Magistrate including A.C.J.M. – (Chief
Metropolitan Magistrate including A.C.M.M. in
Metropolitan areas) – Sentence not exceeding 7 years, no
fine limit.
6. Judicial Magistrate Class Ist – Metropolitan Magistrate in
Metropolitan area – (sentence not exceeding 3 years and
fine not exceeding Rs. 10,000/-) (as amended by Cr.P.C.
Amendment Act, 2005).
7. Judicial Magistrate Class IInd – (sentence not exceeding
one year and fine not exceeding Rs. 5,000/-) (as amended
by Cr.P.C. Amendment Act, 2005).
8. Special Judicial Magistrate
9. Executive Magistrate
• These powers of criminal courts are defined u/s 28 and 29
of the Cr.P.C. Sentence may be imposed in default of
payment of fine but such sentence shall not exceed 1/4th of
the term of imprisonment which is maximum fixed for the
offence (S.65 I.P.C. as well as S. 30 Cr.P.C.) and shall not
exceed the powers of the Magistrate.
• If the Magistrate thinks that the offence, which he is trying,
deserves a punishment, which is beyond his power, he shall
forward the accused persons and case file to C.J.M., to
whom he is subordinate (S.325).
• The Magistrate should be competent to impose the
sentence on the offences individually. But if a person is
convicted, it shall not be necessary for the court to send the
offender for trial before a higher court by reason only of the
aggregate punishment for several offences exceeds the total
limits for which the Magistrate is competent.
• Eg., Suppose a person is found guilty u/s 323 and 325
IPC by the court of Judicial Magistrate class I, and he
awards one year sentence u/s 323 IPC and 3 years u/s
325 IPC, So the total punishment comes out to be
1+3=4 years. (total sentence though beyond his
powers, but individual sentences are well within his
powers (3/10,000). Hence order is legal.
• There is no need of sending this case to CJM/CMM u/s
325. Powers of JM has to be seen separately for each
offence.
• But in a case of forgery for the purpose of cheating
(467 IPC, punishable up to L.I. or 10 years) if
Magistrate thinks that punishment of 3 years is
inadequate, he should write a letter to CJM/CMM u/s
325 IPC for transfer of case because he can not pass
sentence sufficiently severe.
 Hierarchy of criminal courts in India(Summary)
Supreme Court of India Any sentence authorized by Law

High Court in a State Any sentence authorized by Law

District & Sessions Judge/Additional Any sentence authorized by Law.

District & Sessions Judge
Assistant Sessions Judge
Chief Judicial Magistrate / Chief
Metropolitan Magistrate
Judicial Magistrate class I
/Metropolitan Magistrate
Judicial Magistrate class II
Special Judicial Magistrate(honorary) (But upto 1 year/ 5,000/- fine or
Executive Magistrate (class I or II)
Death Penalty subject to
confirmation by High Court (S.366)
Any sentence authorized by Law
(But up to 10 years or fine or both)
(Any sentence authorized by Law
But up to 7 years or fine or both)
Any sentence authorized by Law
(But upto 3 years/10,000/- fine or
both)
Any sentence authorized by Law
both)
Any sentence authorized by Law
 Hierarchy of Executive Magistrates

DISTRICT MAGISTRATE
ADDITIONAL DISTRICT MAGISTRATE
SUB-DIVISIONAL MAGISTARTE
SPECIAL EXECUTIVE MAGISTRATE
Canal Magistrate

N.B.-They may be class I or Class II Magistrates

under Cr.P.C.
 Hierarchy of civil courts in India(E.g., of UP)
Supreme Court of India Original, Appellate and
Writ Jurisdiction, SLP
High Court in a State Original, Appellate,
Revisional and Writ J.
District Judge/Additional Original, Unlimited J +
District Judge Appellate, Revisional J.
Civil Judge (Senior Unlimited Original J above
Division) Rs. 25000/-
Civil Judge (Junior Original J Suits up to Rs.
Division) 25000/-
• To conclude, it is submitted that the rationale
behind the creation of hierarchy of criminal
courts is first to assign petty matters to lower
criminal courts so that experienced judges may be
given more serious matters. When a challan under
M.V. Act can be tried and summarily disposed of
by a newly appointed Magistrate, why an
experienced judge with much higher salary should
be assigned the same job. Thus, saving a public
exchequer is the first rationale behind creation of
hierarchy of courts. Secondly, hierarchy is meant
for rectification of human errors committed by
lower courts.
*-*-*-*-*
 Hierarchy of police officers (functionaries)
• 1. Director General of Police (DGP***)—three
starred officer from IPS., cadre.-National emblem
over crossed sword and baton.
• 2. Additional Director General of Police
(ADGP***)– three starred officer from IPS., cadre-
National emblem over crossed sword and baton.=
commissioner of police
• 3. Inspector General of Police(IG*)/ single star
with crossed sword and baton.
• 4. Deputy Inspector General of Police (DIGP*)-
National emblem+ 3 stars rank in IPS./Additional
Commissioner of Police (ACP)
• 5. Senior Superintendent of Police (SSP) or Deputy
Commissioner of Police (DCP)-National emblem+
2 stars
• 6. Superintendent of Police (SP)/ Deputy
Commissioner of Police (DCP)-National emblem +
one star (junior management level)
• 7. Add. Superintendent of Police (ASP)/ Deputy
Commissioner of Police (ADCP)—only national
emblem
• 8. Deputy Superintendent of Police/Assistant
commissioner of Police (DSP/ACP)—only 3 stars
• 9. Police Inspector -3 stars
• 10. Assistant Police Inspector-3 stars
• 11. Police sub Inspector—SI-two stars (can
investigate and file charge sheet)
• 12. Assistant Police sub inspector (ASI)-non
gazetted officer-insignia is one star, and red
and blue striped ribbon at the outer edge of
the shoulder straps
• 13. Head constable-three point down
chevrons on their sleeves or three bars on
their epaulettes.
• 14. constable (lowest rank)-No shoulder
insignia
 Exercise
what to do if a court has issued N.B.W. ?
In the court of ACJM, Kasia, State of UP v. SPS
Crime No. 745 of 1994 u/s 323, 353 IPC P.S. Kasia
Offence – Assault or use of criminal force to deter a
public servant from discharge of his duties
Offence is punishable with imprisonment for 2 years of
fine or both.
Offence is cognizable, non-bailable and triable by any
Magistrate
Offence made non-bailable by Cr.P.C., AA 2005
Now NBW is issued by ACJM, Kasia (u/s 89 Cr.P.C.)
Advise the accused
 (i) If the accused was on bail
1. He can apply for cancellation of warrant (70(2)
2. He can apply for fresh bail if, original order of bail is
not cancelled
Action be taken by the court:-
A) Get him arrested and send him to judicial custody
i.e., Jail
B) Cancel his NBW
C) Issue show cause notice to his sureties u/s 446
D) Forfeit his personal bond and bail bonds of the
sureties and recover the amount of P.B., and B.B. in full
or partially. Court has power to reduce the penalty.
 (ii) If the accused was not on bail
• 1. He will have to surrender before the court,
Because bail presupposes custody (437)
• 2. He will be arrested by the police and
produced before the court for remand to jail.
• 3. He will apply for bail
• 4. Now Police has no power to take bail since
charge sheet has been filed in the court.
• 5. Now provision of anticipatory bail is also
not applicable (438)
 Different functionaries under Cr.P.C.
• There are mainly four functionaries under Cr.P.C.
1. Criminal courts including trial/appellate/revisional
courts. (according to hierarchy of courts , the presiding
officers of the court will conduct trial according to
Cr.P.C.)
2. Police (CBI, CID, IB, CBCID) (from lodging of FIR till
filing of charge sheet, Taking the remand of accused in
between, and give evidence in court in order to prove
the case) Police force is an instrument for the
prevention and detection of crimes, created under
Police Act, 1861. Every state govt. has its own police
force.
• 3. The prosecutors-Public prosecutors/
APO/SPP-section 24 (It is their duty to open up
and conduct cases before the court.) PP or APP or
APO is the counsel for state. He represents the
state govt. and conducts the trial. He also appears
in criminal appeals, revisions and other matters
(S.301) He can withdraw from prosecution with
the permission of the state govt. (321)
• 4. The prison officials (to keep the under trial and
convicted persons. Jail is the place where the
accused is kept in judicial custody. Jail may be
open/closed.)
• Other functionaries are as follows:-

• 5. Staff of the court—Reader, stenographer, peon,

court Mohiror --reader will present the file before
the court, stenographer takes the dictation and
writes statements of witnesses and judgment as
dictated to him. Peon of the court will call the
cases by name of the parties. Court Mohiror is the
police force in court room. He will take the
accused in custody on the order of the court. He
will leave the accused upto police van, which will
lodge him in jail
• 6.Executive magistrate (for granting remand, if judicial
Magistrate is not available) Jurisdiction u/s 107 to 116
Cr.P.C., 133, 144,145 Cr.P.C., Recovery of fine as arrears
of land revenue.
• 6.State govt.( it is the duty of the state govt. to
prosecute the offenders and bring peace in society)
State can withdraw the criminal cases u/s 321 Cr.P.C.,
• 7.Expert witnesses (can give evidence regarding
matching of thumb impressions, handwriting, blood
samples, bore of the pistol, size of the bullet, condition
of the body after death, was it suicide or murder
• 8. witnesses of fact and formal witnesses. (will prove
the contents of FIR and other documentary evidence)
 9. Accused (he is key character, he is presumed to be
innocent unless proved guilty beyond reasonable doubt)
10. Accomplice (is an accused in fact. But he may be
produced as witness against other accused persons if
tender of pardon is given to him u/s 306/307 Cr.P.C., and
is accepted by him. He will remain in custody/bail as an
accused and is produced as a prosecution witness(PW). If
he gives true account of the case, he will be acquitted,
but if, in the opinion of the court, accomplice has given
false evidence, he will be tried for the original offence in
which pardon was granted and also for the charge of
giving false evidence u/s 191 IPC (see your room number
is 306)
• 11. Advocate-Defence Counsel ( he has
principal role in the conduct of cases. His main
job is to defend the accused by art of cross
examination. He helps the court when
statement of the accused is recorded u/s 313
Cr.P.C. He will argue the case on the basis of
facts as well as legal provisions. He will
conduct the examination chief of defence
witnesses, who will be cross examined by
counsel for the state/complainant)
• 12. District Legal Services Authority,(DLSA) is
constituted under the provisions of the legal services
authority Act, 1987 for providing free legal aid to poor
and needy accused persons, who can not engage a
lawyer. A panel of lawyers is appointed by them for
this purpose.
• 13.Law teachers and students (can become part of
legal aid clinics in college as well as in court)
• 14. Amicus curiae, is known as friend of the court. ( he
is appointed by he court in order to help the court or
to defend an accused person in a particular case.
• 15. Juvenile/observation home (is an institution
where juveniles in conflict of law are kept during the
pendency of inquiry against them, under J.J. Act, 2015
they are not sent to regular jail) Idea is their
rehabilitation back in the society.
• 16. Special homes ( children convicted under J. J.
Act,2015 are kept for long term rehabilitation)
• 17. Mahila Thana ( one mahila thana is established in
each district of UP) Thana, sector 39 Noida .
• All female police officers are posted at such police
stations. Their duties are besides nabbing criminals,
they take the role of marriage counsellors. They are
convincing warring couples from breaking up.
• 18. CAW cell (Crime against women) after receiving
any complaint from any women, CAW cell examines
the complaint, provides assistance in reconciliation,
instead of straightway registration of FIR/ filing a
complaint case in court.
 19. sureties (are equally important in the criminal
justice system, since they are responsible for production
of the accused in criminal courts on each and every date,
filing which they will have to face proceedings u/s 446
Cr.P.C., and will have to deposit the amount of B.B. as
penalty unless remitted by the court.
20. NGO (they are helpful in filing writ petitions before
various courts. They can function as watch dogs of the
rights of accused persons. Eg., PUCL, Common Cause,)
21. Doctors (they are important witnesses, They prove
medico-legal reports and PMR etc. They give opinion
regarding cause of death, nature, duration of injuries etc.
22. Peon of court (he is responsible for calling the case
in a loud voice. He administers the oath to the witnesses)
 23. Nari Niketan ( is established with the aim to provide
the shelter to widowed, abandoned, destitute, virgin
mothers and other women persecuted from the society.
Primarily it is a shelter for women in distress/pain. It is a
government funded and maintained homes.
24. complainant,
25. jailor/ Suprintendent of Jail
26. guardians(in case of minor),
27. Interpreters,
28. Embassies,
29. Private detectives (not authorised under Cr.P.C.)
30. Dial 100, 1090, 1098,
31. Internet (online FIR)
32. Probation officer.
33. Court Commissioner
34. Media (though not in Cr.P.C.)
35. HRC (human rights commission)
36. Executor of death sentence (Zallad)
 Stages of criminal proceedings

• A) Pre-trial stage
• B) Trial stage—Five types of the trial (SWWSS)
• C) Post trial---- Probation/Serving of sentence,
Closed and open jail, remission of sentence
 Trial stages
Pre-trial Procedure steps to ensure attendance of the accused
for trial

Pre-trial Procedure Arrest and Rights of the arrested person

(41)
Pre-trial Procedure Production of documents and things (91)

Pre-trial Procedure Search and seizure (93 to 103)

Pre-trial Procedure Investigation by Police (154 to 173)

Trial Procedure Five types of trial (225 to 265)

 Process to compel appearance of accused (Arrest)

• Accused is presumed to be innocent till proved guilty

beyond reasonable doubt. The concept of fair trial also
demands that trial should be conducted in the presence
of the accused person so that he may defend himself, and
if found guilty, he should be available to receive the
punishment awarded to him.
• Arrest and detention of accused before and during trial is
likely to cause direct or indirect obstructions in
preparation of his defence and thus may not be
conducive to fair trial. Hence provisions for issue of
summons, B.W., N.B.W.. Warrant u/s 82, 83,(or Bail) are
aimed at ensuring the presence of accused at his trial.
• Warrant cases are comparatively serious as
compared to summons cases. In summons
cases accused is less likely to abscond/ disobey
the summons (cf. 174 IPC) than a warrant
case.
• In summons cases, normally summon shall be
issued first and in a warrant case, summon or
arrest warrant is issued at the discretion of
the court.(S. 204) But warrant may be issued
in lieu of, or in addition to summons (87)
• Service of summons (62)- by police, personally on
the accused by tendering him one of the duplicates
of the summon. Accused to sign a receipt on the
back of other duplicate.
• Service of summons on adult male member residing
with him, if accused can not be found. (cf. female
5/15 C.P.C.) section 64
• Service of summons by affixing one of the duplicate
of summons to some conspicuous part of the house
in which accused ordinarily resides.(65)
• Service of summon on govt. servant-through
head of office (66) HOD will cause the
summon served and return its duplicate to the
court concerned.
• Service of summons outside local limits in
different district (summon cell)—through
CJM/CMM of that district (67) Serving officer
to submit his affidavit along with duplicate of
summon duly served to the court concerned.
 Service of B.W. and N.B.W.
• Arrest means apprehension of a person by a legal authority
resulting in deprivation of his liberty.
• A) Arrest in pursuance of warrant issued by Magistrate/court
• B) Arrest without warrant (in cognizable cases) eg., 302/304B
• Warrant of arrest is a written order issued and signed/sealed
by Magistrate/court addressed to a police officer/any other
person commanding him to arrest the body of the accused
named in the warrant. But he must be produced before the
Magistrate within 24 hours of arrest, excluding the time of
journey from place of arrest to court. (FR u/a 22(2) COI) to see
the legality of arrest/grant of bail. (personal liberty FR is
involved)
• Warrant remains in force till its execution unless it is cancelled
by the court 70(2)
• B.W. is always endorsed for bail, that if such person
executes PB with one/ two sureties for his
attendance before the court at a specified date and
time and thereafter also until otherwise directed by
the court. Accused will be released if, he furnishes his
P.B. and bond of surety or sureties to the satisfaction
of arresting police officer.
• Endorsement shall state amount of PB and BB,
number of sureties, and date and time at which
accused is to attend court.
• If PB and BB are given, the same shall be forwarded
to the court.
• B.W. can be issued both in bailable and
non-bailable offences. If non-bailable offence is of
technical nature, court can issue B.W.
• Mode of execution of warrant: by police officer or
by another whose name is endorsed.(74)
• Validity—warrant can be executed at any place in
India (77)
• If accused is resident of another district, warrant
shall be sent to SP of that district for execution
(78) He will get it served and return the same
along with accused to the original court who had
sent the warrant.
• After arrest what?– If the warrant was
bailable, and accused is ready to furnish his
P.B. as well as B.B., accused shall be released
with a direction to appear before the court
concerned on the date fixed. Bonds shall be
forwarded to the court concerned.
• If the warrant was N.B.W., arrested person
shall be produced before the CJM of that
district where he was arrested,(he may take
bail) or before the court who had issued
N.B.W.(he may also take bail)
 Process to compel appearance of accused Contd…
Proclamation u/s 82 Cr.P.C.,

• Conditions for Proclamation:

• 1. warrant was issued against accused
• 2. Accused has absconded
• 3. Or accused is concealing himself so that
warrant can not be executed
• …..court may publish a written proclamation
against the accused requiring him to appear in
court at a specified date, which shall not less
than 30 days from the date of publication.
• Proclamation u/s 82 Cr.P.C. how made?
• A) Publically read in some conspicuous place of the
town or village/mohalla, where accused resides
• B) shall be affixed in some conspicuous part of the
house of the accused in which he resides
• C) its copy shall be affixed to some conspicuous part
of the court house
• D) shall be published in a daily news paper circulating
in the place, where accused resides.
• …..Every such proclamation shall contain the details
of name of the court, crime number, sections of IPC,
name of police station and date for appearance in
the court.
 Process to compel appearance of accused Contd…
Attachment of property of accused u/s 83 Cr.P.C.,
• The property, movable or immovable of accused
against whom warrant u/s 82 has been issued, can be
attached and sold u/s 83 in order to compel his
attendance in court.
• Conditions for attachment of property u/s 83:-
• A) proclamation u/s 82 was issued
• B) accused is about to dispose of whole or part of his
property or
• C) accused is about to remove the whole or any part
of his property from the local jurisdiction of the
court.
• Warrant u/s 82 and 83 can be issued simultaneously
• If property ordered to be attached u/s 83 is debt
or movable property, its attachment can be made
• A) by seizure; or
• B) by appointment of receiver; or
• C) by prohibiting delivery of such movable
property to the accused; or
• D) by all or any two methods
• If property ordered to be attached u/s 83 is
immovable paying revenue to govt. (agriculture
land), it will be attached through collector of the
district where property is situated.
• If the property is situated in urban area, like
land, house or building attachment can be
done---
• A) by taking possession ; or
• B) by appointment of receiver ; or
• C) by prohibiting payment of rent to the
accused;
• D) by all or any two of such methods, as the
court thinks fit.
• If property is live stock or is of perishable
nature, it may be sold.
• Claims and objections can be filed against
attachment (84)
• Court can release the attached property if
accused appears in the court.
• Once the accused appears, the purpose of
issuing summon/B.W./N.B.W./proclamation
u/s 82 and attachment of property u/s 83 Cr.
P.C. is achieved.
 Remand and Bail
• Whenever an accused person is arrested and detained
by the police during investigation and it appears that the
investigation cannot be completed within 24 hours as
fixed by S. 57, and there are grounds for believing that
accusation or information is well founded, the accused
person has to be forwarded to the nearest judicial
Magistrate for remand along with copies of C.D. and G.D.
(S.167). The Magistrate to whom the accused was so
forwarded may from time to time authorized the
detention of the accused either in police custody or in
judicial custody (remand).
• Christian Michel who was extradited from UAE was given
5 days CBI remand initially (=police custody remand)
• Magistrate of II class can not grant Police custody
remand, unless authorized by the High Court.
• Maximum police remand of first 15 days can be
granted. If further detention of the accused is necessary
for the purpose of investigation, the police may ask for
further remand and the Magistrate may grant further
judicial remand for a period of maximum 15 days again
but the total period of detention shall not exceed
• (i) 90 days, if the offence is punishable with death or L.I.
or for a term not less than 10 years
• (ii) 60 days in offences punishable with a term of less
than 10 years
• On the expiry of this period of 90/ 60 days the accused
persons shall be released on bail, if he is prepared to
furnish bail. This bail is equivalent to bail under chapter
33 of Cr.P.C. ( default bail)
• Offence of extortion u/s 386 is punishable with
imprisonment which may extend to ten years. This
can not be equated with imprisonment of ten years
or more.???
• Rajeev Chaudhary . State (NCT) of Delhi, AIR 2001 SC
2369
• Executive Magistrate is also empowered to grant
remand for 7 days where Judicial Magistrate is not
available. Executive Magistrate/MM should have
been conferred power to grant remand by the High
Court. After 7 days, accused will be produced before
judicial Magistrate from the jail. Judicial Magistrate
can authorize further detention of the accused up to
a total period of 90/60 days.
• Order of stopping investigation beyond six months
in Summons cases triable by Magistrate :- in
summons cases, if the investigation is not completed
in six months from the date of arrest of accused, the
Magistrate shall make an order stopping further
investigation into offence, unless I.O. satisfies the
Magistrate that for special reasons and in the
interest of justice, continuation of investigation
beyond six months is necessary.
• Sessions judge can reverse above order in his revision
jurisdiction.
 Lecture 4- Bail
• The idea behind the arrest and detention of
the accused persons is to secure his
attendance at the time of trial and to ensure
that if he is found guilty he is available to
receive the sentence. If his presence can be
procured before the court otherwise than by
arrest and detention then the concept of
personal liberty (A.21) demands that the
person should be released on bail.
• Word ‘Bail’ is nowhere defined in the Cr.P.C. Bail is to procure
the release of a person from legal custody with an
undertaking that he shall appear at the time and place
designated and submit himself to the jurisdiction and
judgment of the court.
• When a person is accused of a serious crime and is likely
to be convicted and punished for such a crime and chances
are that he will abscond or jump bail; if such person is
arrested, it is not desirable to grant him bail and restore his
liberty. Similarly, if the arrested person, if released on bail, is
likely to temper with the prosecution witnesses and obstruct
in the conduct of the trial, or is likely to commit more
offences during the period of his release on bail, it would be
improper to release such person on bail. On the other hand,
where there are no such risks involved, the person should be
released on bail.
• “The bail and not the jail” should be the rule
because accused is presumed to be innocent
unless and until proved guilty hence it would be
unjust to keep him in jail before his guilt is proved.
The law of bail, truly speaking, has to balance out
between individual liberty of the accused and the
liberty of the society, in the sense of its
protection.
• The Cr.P.C. has classified all offences into
bailable and non-bailable, as per schedule
attached to it. An analysis of the schedule shows
that all serious offences, i.e., offences punishable
with imprisonment for three years or more have
been classified as non-bailable though there are
exceptions to this rule. (Part IInd of schedule)
• If a person accused of bailable offence is
arrested or detained without warrant, he has
the right to be released on bail but if the
offence is non-bailable then it does not mean
that the person accused of such offence shall
not to be released on bail. In such cases bail is
not a matter of right but a matter of discretion
only.
• Bail in Bailable offence: - S.436 Cr.P.C. says that when
any person who has committed a bailable offence is
arrested or detained without warrant by the police or
appears or is brought before a court, such a person
shall be released on bail. This bail may be granted by
the police officer at the police station or by the
Magistrate in the court. Such person is generally
required to produce bail bond of 2 sureties to the
satisfaction of police officer or the court, but such a
person may be released on his executing a bond
without sureties also. Police or the court has no option
but to grant the bail in bailable offence. It may be
recalled that u/s 50 (2) it is mandatory for a police
officer to inform the accused of his right of bail as soon
as he is arrested. If the accused person is ready to give
bail, the police or court is bound to release him.
• {Indigent person:-
• Explanation:- where a person is unable to give bail
bonds within a week of the date of his arrest, it
shall be sufficient ground for the court to presume
that he is an indigent person.
• The Police officer or the court may release any
person on his personal bond without bail bonds of
sureties.
• But if the accused person is an indigent person,
he shall be released on his personal bond
without sureties bonds.} (+Cr.P.C.AA 2005
w.e.f.,23-6-2006)
• S.436 (2) makes it clear a provision to the effect
that a person who absconds or has broken the
condition of his bail bond when he was released
on bail in bailable cases on a previous occasion, he
shall not be entitled to bail when brought to the
court on any subsequent date even though the
offence is bailable. Meaning thereby, that the
court may refuse to release him on bail if he has
failed to comply with the conditions of the
bail-bond as regards the time and place of
attendance. But if the person released on bail in
bailable offence indulges in acts which are against
the concept of fair trial, the High Court or Court of
Session may cancel his bail and commit him to
custody (S.439 (2).
• Hussainara Khatoon v. State of Bihar
• Bail when accused is in jail for a period up to half of the
maximum period of imprisonment specified for that
offence under law.
• 436-A Maximum period for which an under trial prisoner
can be detained?
• Where an accused has during investigation, inquiry or trial
(I.I.T.) undergone detention for a period extending up to
one-half of the maximum punishment specified for the
offence, he shall be released on his P.B. with or without
sureties. (excluding offences in which death penalty is one
of the punishment) Court has discretion to order his
continued detention longer than one-half of the said period
or release him on bail instead of P.B. with or without
sureties.
• LCR has recommended that this period of ½ should be
reduced to 1/3for his release.
• Release of accused if he has undergone maximum
sentence fixed by law. (436-A, II proviso)
• No accused shall be detained during IIT for more than
the maximum period of imprisonment provided for the
said offence.
• Explanation:- In computing the period of detention u/s
436-A, for granting bail, the period of detention passed
in jail due to delay in proceedings caused by the
accused shall be excluded.(eg., he fails to file B.B. in
spite of bail order or takes frequent adjournments on
hearing of his bail application.)
• Whether 436-A is applicable to bailable or
non-bailable offences? Yes to both.
• S. 436-A was added by Cr. P. C., AA, 2005, w.e.f.,
23-6-2006.
 Bail in Non-Bailable Offences
• S.437 Cr.P.C. provides for bail at the
discretion of the court in non-bailable
offences. In non-bailable offences, bail can
only be granted at the discretion of the court.
This discretion to grant or not to grant the bail
depends upon the gravity of the crime, the
likelihood of absconding the accused etc. This
discretion is not arbitrary but judicial.
• The judicial discretion in granting or refusing bail has
to be applied keeping in mind the enormity of the
charge, nature of accusation, severity of punishment,
nature of evidence, danger of witnesses being
tampered with, opportunity of the applicant for
preparation of his defence, risk of his death, age and
sex. The previous conviction and criminal record of
the accused person and the likelihood of the
repetition of the offence by the accused person if
released on bail, are also be taken into account while
deciding the question of bail.
• Power of Magistrate to grant bail in non-bailable
offences:- when any person accused of, or suspected
of commission of any non-bailable offence is arrested or
detained without warrant by officer-in-charge of police
station or appears or is brought before a court (other than
High Court or court of sessions-see section 439), he may be
released on bail at the discretion of the court.
Restriction No. 1 :- Accused shall not be released on bail, if
there there appears reasonable grounds for believing that
the accused has been guilty of an offence punishable with
death or L.I.
Restriction No. 2 :- Accused shall not be so released on bail,
if such offence is a cognizable one and accused has been
previously convicted of an offence punishable with
death/L.I./seven years or more.
• Restriction No. 3 :- Accused shall not be so
released on bail, if such offence is a cognizable
one and accused has been previously convicted
on two or more occasions of a cognizable offence
punishable with imprisonment from 3 to 7 years.
• Exception No 1 :- In spite of above 3 restrictions
Court may release such accused on bail if such
person is under age of 16 years or is a woman or
a sick or infirm person.
• Exception No 2 :- Court has discretion to grant bail
to accused person in spite of criminal history of
accused, if court is satisfied that it is just and
proper so to do for any special reason in the
interest of justice.
• A specific negative direction is given by law u/s
437 (1) third proviso in the matter of bail. The
mere fact that an accused person may be required
for being identified by witness during
investigation shall not be sufficient ground for
refusing to grant bail if he is otherwise entitled to
be released on bail.
• Bail u/s 437 (2)- If at any stage of IIT, it appears to
the court that there are not reasonable grounds
for believing that accused has committed
non-bailable offence, but there are sufficient
grounds for further inquiry into his guilt, he can be
released on bail.
• Bail provisions were made more stringent by the
Amendment Act of 1980 in Cr.P.C. Accused shall not be
released on bail if there appears reasonable grounds
for believing that he has been guilty of an offence
punishable with death or life imprisonment (S.437 (1)
(i). S.437 (1) was substituted by 1980 Amendment Act
and it was provided that the accused shall not be
released on bail if his offence is cognizable one and he
had been previously convicted of an offence
punishable with death, imprisonment for life or for a
term of 7 years or more. He shall also be not released
on bail if he had been previously convicted on two or
more occasions of a cognizable offence punishable
with imprisonment for three years or more but not
less than 7 years (Amendment Act, 2005).
• The police officer or the court releasing any person on bail
in case of non-bailable offence has to record in writing his
reasons or special reasons for doing so (S.437 (4).
• S.437 (1) clearly says that the Magistrate or Police officer
in cases of offences punishable with death or imprisonment
for life shall not grant bail. However, the court may direct
that any person under age of 16 years or any woman or any
sick or infirm person accused of any such offence be
released on bail (First proviso of S.437 (1). Hence, except in
cases of children, woman and sick or infirm person, the
discretion to grant bail has been taken away from the
Magistrate and police officer in cases of non-bailable
offences punishable with death or imprisonment for life.
The basis of this rule is that the graver the offences greater
will be the chances of absconding; hence, there will be no
bail. However, High Court or Court of Sessions may grant
bail even in offence punishable with death or life
imprisonment.
• Bail with conditions
• Bail may also be granted subject to certain
conditions. This is a balance between grant of bail
and not granting it. S.437 (3) provides that when a
person is accused or suspected of the commission of
an offence punishable with imprisonment which may
extend up to 7 years or more or of an offence under
chapter VI (offences against the state), chapter XVI
(offences against human body) or chapter XVII
(offences against property) of I.P.C. or abetment or
conspiracy or attempt to commit any such offence, is
released on bail u/s 437 (1) the Court shall impose
following conditions: -
 1. that such person shall attend the court in accordance
with the conditions of the bond executed; or
2. that such person shall not commit an offence similar
to the offence of which he is accused, or suspected; or
3. that such person shall not directly or indirectly make
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 any
police officer or tamper with the evidence,
and may also impose, in the interest of justice, such
other conditions like surrender of passport, not leaving
the country without permission of the court, as it
considers necessary.
• This power to impose conditions has been given only
to the court and not to police officers. Any such bail
granted u/s 437(1), (2), may be cancelled and the
person be arrested and committed to the custody
(S.437 (5) and (S.439 (2). This power of cancellation is
given exclusively to the court and not to police
officers.
• S.439 Cr.P.C. gives very wide powers and discretion
to the High Court and Court of Sessions in the matter
of granting bail. Their discretion u/s 439 is not
restricted by the restriction contained in S. 437. S.439
(1) says that the High Court or a Court of Sessions may
release a person on bail even if the offence is of the
nature specified in S.437 (3) and may impose any
condition which they think necessary.
 Bail on the ground of delay in trial
• In a case triable by Magistrate, if the trial of a
non-bailable offence is not concluded within a period of
sixty days from the first date fixed for taking prosecution
evidence, and the accused is through out in jail during
whole of the said period, he shall be released on bail,
unless for the reasons, to be recorded, the Magistrate
otherwise directs. (437 (6)
• Bail at the conclusion of the trial:- At any time after
conclusion of the trial of a person accused of non-bailable
offence, and before delivery of judgment, court is of the
opinion that there are reasonable grounds for believing
that the accused is not guilty of such offence, accused
shall be released on executing his personal bond without
sureties for his appearance to hear the delivery of
judgment. (437(7) E.g., if all witnesses have turned hostile
and there is no reliable evidence against the accused.
 Advance bail:-
Bail to require accused to appear before next appellate
court :-
Section 437-A added by Cr.P.C., AA 2008 w.e.f., 31-12-09.
• Before conclusion of the trial and before disposal of appeal,
the trial court or the appellate court as the case may be,
shall require the accused to execute bail bonds with
sureties, to appear before higher court as and when such
court issues notice in respect of any appeal or petition filed
against the judgment of the respective court and such bail
bonds shall remain in force for six months.
• If accused fails to appear before higher court, the bond will
stand forfeited and procedure u/s 446 Cr.P.C., will apply.
• No arrest, No remand, No jail, Hence no bail
• Arnesh Kumar v. State of Bihar, (D.O.J., 2-7-2014) held
by the Supreme Court that if the offence is punishable
with imprisonment upto 7 years, no arrest can be
made by the Police without issuing a notice to the
accused. If the accused complies with the notice and
co-operates in the investigation, he will not be
arrested.
• The I.O. has to satisfy himself if the arrest is inevitable
and this will be scrutinised by the Magistrate.
No remand to jail : consequently, if offence is
punishable with imprisonment upto 7 years, since
arrest is not to be made, there is no need of remand.
Hence Magistrate will not grant remand in such cases.
• 489-A I.P.C.- maximum punishment is 3 years
• ¾ D.P. Act---maximum punishment is 2 years and fine.
• Delay in hearing of bail application on account of Bail
Notice causes violation of FRs of the accused.
• Rule 18(3)(a) of Allahabad High Court Rules (criminal)
says that “ barring exceptional circumstances, no order
granting bail shall be made on an application unless
notice thereof has been given to the Govt Advocate
and not less than 10 days have elapsed between the
giving of such notice and hearing of such application.
• Now this period of bail notice of 10 days has been
reduced to 2 days. (TOI, dated 25-9-18 page 3)
 Cancellation of bail
The Magistrate who granted bail cannot cancel
bail in bailable offences u/s 436. He can refuse
bail if on any subsequent occasion in the same
case accused is brought before him on his failure
to comply with the conditions of the bail bond as
regard time and place of attendance (S.89).
But no express powers of cancellation like S.437
(5) have been given u/s 436.
According to S.437 (5), any court, which has
released a person on bail, may, if it considers
necessary to do so, direct that such person be
arrested and commit him to custody after
cancellation of his bail.
 This power to cancel bail has been given to
the court and not to the police officers.
Secondly, the court, which has granted the bail,
can alone cancel it or higher court can cancel it.
A court of Magistrate cannot cancel the bail
granted by a police officer. For cancellation of
bail in such a situation, it is only the High Court
or Court of Sessions u/s 439, who is empowered
to cancel the bail.
• S.437 (5) gives power and discretion to cancel the bail.
It does not lay down any guidelines as to when and
how the discretion is to be utilized. Bail can be
cancelled if the accused on bail commits the same
offence for which he is being tried or if the accused
forcibly prevents the search of place under his control
or if he tampers with prosecution witnesses or if he
runs away to a foreign country or absconds.
• The HC and Court of Sessions may direct u/s 439 (2)
that any person who has been released on bail, his bail
be cancelled and he be arrested and committed to
custody. These powers of cancellation given to these
higher courts are quite wide. Whether the offence was
bailable or non-bailable is immaterial; whether police
officer or a court granted the bail is also immaterial.
 Special powers of High Court and Court of sessions
regarding bail (Section 439 Cr.P.C.,)
• High Court or court of sessions may direct that
any person accused of any offence who is in
custody, be released on bail after hearing the
counsel for accused and public prosecutor.
• Such a court can impose conditions while
releasing him on bail if the offence is of the
nature specified in S. 437(3).
• Cancellation of Bail:- Such a court can cancel
the bail of any accused person who has been
granted bail under chapter 33
• Notice to Public Prosecutor:- High Court or court of
sessions shall, before granting to a person who is
accused of an offence which is exclusively triable by
court of sessions or is punishable with L.I., give
notice of the bail application to PP, unless for reasons
to be recorded in writing, court is of the opinion that
giving of notice is not practicable.
• But if offence is punishable u/s 376 (3),376 AB, 376
DA, 376 DB of IPC, giving of notice to PP within 15
days of filing of bail application is compulsory and in
all such cases, the presence of informant (who
lodged FIR) shall be compulsory.
• + by Criminal law AA, 2018, w.e.f., 21-4-2018
 Anticipatory Bail
• S.438 Cr.P.C. empowers the High Court and Court of
Sessions to issue direction for grant of bail to the person
apprehending arrest. AB is a bail in anticipation of being
arrested. S.438 Cr.P.C. was omitted in U.P. S.438 was not
present in the old Cr. P.C. of 1898. It was introduced on the
recommendations of 41st Law Commission Report. The
necessity to grant AB arose mainly because sometimes
influential persons try to implicate their rivals in false cases
for the purpose of disgracing and harassing them by
keeping them in jail for some days. On the other hand,
when a person accused of an offence is not likely to
abscond, or otherwise misuse his liberty while on bail,
there seems no justification to require him first to go into
jail and then apply for bail. For such category of persons
S.438 was introduced in 1973 in the new Cr.P.C.
Bail presupposes custody—A.B. is an exception
S.438 provides that when a person has reason to
believe that he may be arrested on accusation of having
committed a non-bailable offence, he may apply to the
High Court or Court of Sessions for a direction under
this section and the court may issue direction that in
the event of such arrest he shall be released on bail.
The Equation: Non-bailable offence + order of A.B.
= bailable offence
Factors to be taken in consideration while deciding an
application for A.B. :-
1. the nature and gravity of offence.
2. previous conviction of the accused, if any.
3. the possibility of the applicant to flee from justice
• 4. whether the accusation has been made
with the object of injuring or humiliating the
applicant by getting him arrested.
– After considering above factors, the application of
AB may either be rejected forthwith or court may
issue an interim order for grant of AB
– If AB is rejected, or if interim order is not granted,
police can arrest the accused without warrant.
– After grant of interim order, a notice along with
copy of the order shall be issued to Public
prosecutor and S.P., (being not less than 7 days
notice) for reasonable opportunity of being heard
for final hearing on AB application.
• Presence of the accused:- The presence of the
applicant seeking AB shall be mandatory at the time of
final hearing and passing of order on AB., if on the
application of PP, the court considers such presence
necessary in the interest of justice. (+ Cr.P.C.,AA, 2005
w.e.f., 23-6-2006)
• Accused to be taken in custody, if AB is rejected.
• Conditions which may be imposed in AB order:-
following conditions may be imposed:-
• 1. that the person shall make himself available for
interrogation by a police officer as and when required.
• 2. a condition that the person shall not, directly or
indirectly, shall make any inducement, threat or
promise to any witness so as to dissuade him from
disclosing such facts to the court or police officer.
• 3. that the person shall not leave India without previous
permission of the court.
• 4. such other conditions as may imposed u/s 437 (3).
• What is the effect of an order of AB ?
• (i) If a person is granted AB, and such person is
thereafter arrested without warrant by the police on
same accusation and he is prepared at the time of arrest
or at any time in the custody of police to give bail, he
shall be released on bail by the police. (keep the
certified copy of the order of AB like Aadhar Card in your
pocket)
• (ii) Magistrate taking cognizance of such offence shall
issue only bailable warrant inconformity with the
direction of the High Court or the sessions court as the
case may be in the first instance.
• N.B. The order of AB makes the offence from
non-bailable to bailable
• Non-bailable offence+ AB order = Bailable
• No AB if the person is accused of offences u/s 376
(3), 376AB, 376DA, 376DB of IPC.
• + by Criminal law AA, 2018 w.e.f., 21-4-2018
• 376(3) IPC- Rape on a woman under 16 years of
age (20 years to L.I., which means remainder of
accused’s natural life + fine)
• 376AB, IPC- Rape on a woman under 12 years of
age (20 years to L.I., which means remainder of
accused’s natural life + fine) or with death
• 376 DA, IPC – Gang rape on a woman under
16 years of age (L.I., which means remainder
of accused’s natural life + fine)
• 376DB, IPC - Gang rape on a woman under 12
years of age (L.I., which means remainder of
accused’s natural life + fine) or with death.
• No AB if accused is arrested/is in jail/police
custody.
• No AB if a person is accused of an offence
under SC & ST (Prevention of Atrocities) Act,
1989. This Act was amended in 2018.
 Anticipatory bail
• Keeping in view the misuse of S/C and S/T (Prevention of
Atrocities) Act, 1989, Supreme Court of India has ruled that there
will be no automatic arrest after the case is registered under the
said Act. Court noted that harassment of an innocent citizen,
irrespective of caste or religion, is against the guarantee of COI,
hence bench made it compulsory for the DSP of police to conduct
a preliminary investigation, not exceeding a week, to arrive at a
decision whether FIR deserves to be registered under parameters
of the law. Thus, immediate automatic arrest was done away.
• The accused is entitled to AB, despite of express bar u/s 18 the
said Act ,(denying pre arrest bail) that AB shall not be available if
a person is charged with an offence under any S/C, S/T Act.
• For arrest of public servants, permission of his appointing
authority will be a must, whereas for others, written permission of
SSP or DSP will be necessary.
• SC said that steps should be taken to achieve the
constitutional goal of a “ caste-less” society and prevent
the misuse of law resulting in spreading hatred on caste
lines.
• SC also held that the judiciary should not remain a mute
spectator when law was being misused to frame
innocents in criminal cases and the court had to
intervene for protection of peoples liberty as
presumption of innocence was a human right. Arrest
irrespective of presumption of innocence appears to be
draconian.
• Dr. Subhash Kashi Ram Mahajan V. State of Mahrashtra &
Another (DOJ- 20-3-18-JJ U.U.Lalit & A.K. Goel)
• Complainant- Bhasker karbhari Gaidwad
• Later on Parliament adopted legislative route
to nullify SC verdict and amended S/C, S/T
(prevention of atrocities) Act, 1989 in 2018.
• Section 18-A was added which says that
“preliminary inquiry shall not be required for
registration of FIR against any person” and
“the investigation officer shall not require any
approval for the arrest, if necessary, of any
person.”
• Section 438 Cr.P.C., relating to AB shall not
apply to cases registered under S/C S/T Act.
 Power of review
• Union of India v. State of Maharashtra (DOJ- 1-10-2019)
• Power of review is unknown in criminal law for lower
courts. There is no such limitation on powers of the SC.
• UOI had sought review of directions number iii, iv and v of
judgment dated 20-3-2018
• SC has reviewed its judgment dated 20-3-2018 and has
reversed the dilution of S/C, S/T Act on review application
filed by central govt.
• JJ Arun Mishra, M.R. Shah and B.R. Gavai admitted that
court wrongly ventured into the domain of legislature by
framing the guidelines and rejected the fear of misuse.
Direction number iii, iv, and v of judgment dated 20-3-2019
recalled. Review allowed to this extent.
• Direction number I and II relating to prior
permission before arrest not expressly set
aside. (but section 18-A has done it away)
• Also held that there is no provision of
preliminary inquiry either in S/C S/T Act or
Cr.P.C.
• Now ordinary procedure of registration of FIR,
investigation, arrest will be followed in cases
relating to atrocities on S/C and S/T.
• AB is granted only in non-bailable offences while
no such provision is made if the person is accused
of a bailable offence. The reason is that whenever
a bailable warrant is issued, it is endorsed with a
direction that the person shall not be arrested if
he is ready to give sureties to the extent of
amount mentioned in the bailable warrant itself.
Truly speaking, the grant of direction u/s 438
Cr.P.C., converts a non-bailable offence into
bailable one, since it gives direction to the police
not to arrest such person. No AB is available for
unspecified offences.
• Where a person has reason to believe that he
may be arrested on accusation of having
committed a non-bailable offence, he may
apply before court of sessions or High Court
for a direction for AB that in event of his
arrest, he should be released on bail. The
moment an accusation is launched against a
person, the apprehension of arrest gets
crystallized and confirmed and there is an
occasion to apply for anticipatory bail u/s
438. AB can only be granted when the clouds
of charges are roaming around one’s head.
 • Anticipatory bail in U.P.
• State of U.P. had omitted/suspended Section 438 Cr.P.C.,
in U.P. vide U.P. Act No. 16 of 1976, w.e.f., 28 -11 -1975.
• What to do in U.P. in the absence of AB?
• Can an accused of UP go to Delhi and get AB?
• (i) Reyan International school Gurugram case of Pintos.
They moved an application for AB before Bombay High
Court.(murder of a student Pradumman) Stay of arrest
granted for two days and they were directed to move
before P & H High Court.--Allowed
(ii) Honey Preet Singh’s case of District Sirsa. She filed an
application for AB before Delhi High Court, showing an
address of Delhi.—Rejected. (forum Shopping)
• Interim Bail, during the pendency of regular bail
application
• Persons accused of an non-bailable offence within
the territorial jurisdiction of UP can apply for interim
Bail instead of AB according to ratio decidendi of
case law, of Amravati v. State of U.P., 2005 Cr. L.J.,
755.(Allahabd High Court) and
• Lal Kalmendra Pratap Singh v. State of U.P., 2009 (4)
SCC 437 (Supreme Court) It was held that interim
bail can be granted during the pendency of regular
bail application
• The equation:- Anticipatory bail = Interim bail (effect
of two kinds of bail orders)
• Anticipatory bail provision restored in U.P.
• Assent of President of India was accorded on 1-6-2019.
State legislatures had already passed a resolution for
restoration of provision of anticipatory bail in section 438
Cr.P.C.
• Cr.P.C., is included as entry number 2 in the concurrent list
of VII schedule to COI.
• Once an item included in the concurrent list, centre as well
as state govt can make a law on that subject. But if there is
an inconsistency between a law made by the Parliament
and law made by the state, with respect to matters
enumerated in the concurrent list, the law made by the
centre will prevail, unless such a law, if it has been reserved
for the consideration of the President, has received his
assent, prevail in that stats (A. 254)
• When section 438 Cr.P.C., was scraped during emergency,
in U.P. by Cr.P.C., (U.P. AA) Act No. 16 of 1976, prior
sanction of the President of India was obtained in view of
article 254 of C.O.I. (Hemwati Nandan Bahuguna was the
chief Minister at that time.)
• Now to restore section 438 Cr.P.C., in U.P., the approval of
state legislatures, signature of Governor of U.P. and prior
of President of India was necessary. The assent was
granted by the President of India on 1-6-2019. U.P. govt
had already passed Cr.P.C., (U.P. Amendment) Bill 2018
(passed on 31-8-2018) which aims at restoring the
provision of anticipatory bail in U.P.
• The said Amending Act, 2018 was published in
extra-ordinary Gazette on 6-6-2019. thus, provision of AB
has been revived in U.P. w.e.f., 6-6-2019.
• Anticipatory bail provision remain suspended in U.P. for
more than 4 decades.
• One of the new feature of the AA Act is that it will not
be necessary for the accused to remain present during
the hearing of the application for anticipatory bail.
• It also contains certain mandatory conditions to be
imposed while granting AB including not allowing AB if
offence is punishable with death penalty or is an offence
under Gangsters Act or under the S/C and S/T
(Prevention of atrocities) Act, 1989.
• In 2009, the state law commission in its third report had
also recommended for restoration of section 438 Cr.P.C.
• AB application has to be decided within 30 days of filing
of such an application.
 Offence u/s 63 Copy Right Act, 1957 is bailable or
non-bailable?
• Exercise:-
• Punishment u/s 63 of Copy Right Act shall not be less
than 6 months, but which may extend up to 3 years and
with fine which shall not be less than Rs. 50,000/-, which
may extend to Rs. 2 lakhs.
• Application for AB was rejected since the offence of
infringement of copy right was bailable in the opinion of
AP High Court.
• Schedule I of Cr.P.C., offences punishable for less than 3
years or with fine only are bailable, between more than 3
years but not more than 7 years are non-bailable.
• Ratio decidendi:- The expression
‘imprisonment for a term which may extend
up to 3 years, would not come squarely within
the expression ‘imprisonment for three years
and upwards. Hence offence was held to be
bailable one. (Amar Nath Vyas v. State of A.P.,
2007 Cr.L.J. 2025)
• Bail at Appellate or Revisional Level: - The
Appellate Court is also empowered to release the
appellant on bail in cases of appeal against
conviction u/s 389 (1) Cr.P.C., irrespective of
whether the offence is bailable or non-bailable,
the release of convicted persons on bail is entirely
at the direction of the Appellate Court. Likewise,
when the appeal is presented against acquittal u/s
378 Cr.P.C., the High Court has power to issue the
warrant and direct that the accused be arrested
and brought before it or any subordinate court,
and the court before which he is brought may
commit him to the prison pending the disposal of
the appeal or admit him to bail u/s 390 Cr.P.C.
(Now see section 437-A)
• Condition :- Notice to PP.
• The appellate court shall before releasing a on
bail a convicted person who is convicted of an
offence punishable with death, or L.I., or
imprisonment not less than 10 years, shall give
opportunity to PP for showing cause in writing
against such release.
• Cancellation of bail:- If a convicted person is
released on bail u/s 389, it shall be open to PP
to file application for cancellation of such a
bail.} + by Cr.P.C., AA 2005 w.e.f., 23-6-2006
• Similarly, the revisional court has also power to
grant bail u/s 397 (1). When the matter is referred
to the High Court for reference u/s 395 (1) the
court making reference has power to grant bail
u/s 395 (3).
• Bail may also be granted u/s 389 (3) after
conviction but before filing appeal, by the
sentencing court. The sentencing court is required
to grant bail in two circumstances (i) where such
person being already on bail, is sentenced to
imprisonment for a term not exceeding 3 years;
or, (ii) where the offence of which such person has
been convicted, is a bailable offence and the
person is already on bail.
• No express provision for cancellation of bail
appears to have been made in the Cr.P.C. when
the appellate, revisional or sentencing courts
grant bail or when the bail is granted on reference
to High Court. A clear provision like S.439 (2)
enabling the High Court or Court of Sessions to
cancel the bail in suitable cases should have been
enacted by the legislature for appellate and
revisional courts. In the absence of any such
provision, it is submitted that in the interest of
justice the High Court should invoke its inherent
powers u/s 482 Cr.P.C. and cancel the bail
wherever it thinks fit.
• *-*-*-*-*
 Arrest
• Arrest means the deprivation of a person of his liberty by
a legal authority. If a person suppresses or overpowers
the voluntary actions of another and detains him in a
particular place or compels him to go in a specific
direction , he is said to imprison that other person. If it is
done in pursuance of any legal authority, it would amount
to arrest. Thus, arrest is seizing someone by legal
authority and taking him into custody.
• Arrest how made? In making arrest police officer or other
person shall actually touch or confine the body of the
person to be arrested, unless there is a submission to the
custody by words or action or conduct.(hands up)
• An oral declaration of arrest without actual contact or
submission to custody will not amount to an arrest.
• If such person forcibly resists the endeavour to arrest
him, or attempts to evade the arrest, police officer may
use all means necessary to effect the arrest. (resistance
or obstruction to lawful arrest is an offence u/s 224, 225
IPC)
• While making arrest, death of the person can not be
caused, unless he is accused of an offence punishable
with death/ L.I. (46)
• No woman shall be arrested after sun set and before
sunrise. But in exceptional circumstances she can be
arrested in the night after taking permission from the
Magistrate concerned. 46(4)+ AA 2005
• The person arrested shall not be subjected to more
restraint than is necessary to prevent his escape,(49)
• (i) Search of a place where accused is suspected to be
hiding (47)
• (ii) Pursuit of offender in India :- A police officer may,
for the purpose of arresting an accused without
warrant, pursue and arrest such accused person into
any place in India. (48)
• If arrest is to be made under warrant issued by a
court, it can be executed at any place in India. (77)
• (iii) Subordinate can be deputed for arrest:- If a
senior police officer in his presence authorises his
junior to arrest an accused who may be lawfully
arrested without warrant, such subordinate is duty
bound to arrest. (55)
• But if senior wants to send and depute his subordinate
for arresting a person without a warrant, he shall give
an order in writing to his subordinate specifying the
person to be arrested and the offence for which arrest
is to be made.(55)
• (iv) Re-arrest:- if an accused escapes from lawful
custody, he can be re-arrested at any place in
India. (60(1)
• After arrest procedure:-
• (i) Search of arrested person (51)
• (ii) Seizure of offensive weapons (52)
• (iii) Medical examination of arrested person at the
request of I.O. (53 & 53-A)
• (iv) Report of arrest to be sent to D.M. (58)
• (v) Arrested person not to be released except on
bail by the police or by the competent court. (59)
 When police can arrest without warrant?
• A person may be arrested without warrant if
he is suspected to have committed a
cognizable offence.
• Even in non-cognizable offences, if committed
in the presence of a police officer can be
arrested, if he refuses to give his name and
address, or gives a false name and address so
that his name and address may be
ascertained.
• After ascertaining his name and address, he
shall be released on bail
• When police may arrest without warrant (41)
• Any police officer may arrest without an order from
a Magistrate and without a warrant arrest any person
in following circumstances:-
• (a) if he has been concerned in any cognizable
offence, or against whom a reasonable complaint has
been made or credible information has been
received or reasonable suspicion exists that he is
involved in an cognizable offence.
• (b) who has in his possession, without lawful excuse,
any implement of house breaking.
• (c) Who has been proclaimed as an offender under
Cr.P.C., or by order of state Govt.
• (d) in whose possession suspected stolen property is
found.
• (e) who obstructs any police officer while in
execution of his duties or who has escaped, or
attempts to escape, from lawful custody.
• (f) who is reasonably suspected of being a deserter
from any of the armed forces of the union.
• (g) who has committed an offence out of India, which
if committed in India, would have been punishable as
an offence, and for which, he is under law of
extradition, liable to be detained.
• (h) who, being a released convict, commits breach of
any rule
• (i) for whose arrest any requisition, whether written or
oral, has been received from another police officer by
letter or telephone or wireless.(requisition should
contain name of the accused and the offence or other
cause for which arrest is to be made)
• (j) if he is taking precautions to conceal his presence
with a view to committing a cognizable
offence.(109)—only by officer in charge of PS
• (k) if he is an habitual offender u/s 110 Cr.P.C.—only by
officer in charge of PS
• (l) if he refuses to give his name and address or gives a
false name and address on commission of a
non-cognizable offence in presence of police
officer.(42)
• Arrest by a private person without warrant:-
• When a cognizable and non-bailable offence is
committed in the presence of several private citizens
and no police officer is anywhere available near the
scene of offence, the exigency of situation permits
private citizens to arrest such an accused person
without warrant. Private citizen will hand over such
an arrested person to police officer/cause him to be
taken in custody to the nearest police station.(43)
• Any proclaimed offender can also be arrested by a
private person without warrant. (43)
• If such person comes u/s 41, police officer shall
re-arrest him.
• Arrest by Magistrate:-
• (i) Executive and judicial Magistrates are responsible
officers with a detached out look, they are given
wide powers of arrest, if any offence, irrespective of
its nature/seriousness is committed in the presence
of such a Magistrate, within their local jurisdiction.
Arrested person may be released on bail/sent to jail.
• (ii) Even if no such offence is committed in the
presence of Magistrate, but if the Magistrate is
competent to issue a warrant of arrest against such
person, and such person is present before him,
within his local jurisdiction, he can arrest such
person.(44)
 Rights of arrested persons (male and female)
• Powers of arrest are subject to certain restrictions in the
interest of arrested person as well as in the interest of
society at large. These restrictions are the recognition of
rights of the accused person. These rights are:-
• 1. Right to know the grounds of arrest :-
• (a) Every police officer or other person arresting any
person without warrant shall forthwith communicate to
him full particulars of offence for which he is arrested or
other grounds of arrest. (S. 50 & A, 22(1) COI)
• (b) If arrest is made under a warrant, arresting officer
shall notify the substance of allegations to arrested
person, and if so required, shall show him the warrant
(75)
• Reason: so that he may move for bail/habeas corpus
for safeguarding his personal liberty and consulting
his legal practitioner of his choice.
• 1.A. Right to inform one friend, relative or other
interested person of arrestee that he has been
arrested and where he is being detained. (Joginder
Singh v. State of U.P., (1994) 2 Crimes 106 (SC)
2. Right to be defended by counsel of his choice
(S. 303 & A. 22(1) COI
• 3. Right to be informed regarding right to be released
on bail in bailable offences and that he may arrange
sureties. (50(2)
• 4. Arrested person to be taken before a Magistrate or
S.H.O.—If a person is arrested with or without
warrant by a police officer/any person, he shall
without unnecessary delay, and subject to provisions
of bail, send the arrested person before a Magistrate
having jurisdiction or before officer in charge of police
station.(56 & 76)
• 5. Arrested person not to be detained more than 24
hours without judicial scrutiny:-No police officer shall
detain in his custody, a person arrested with or
without warrant, for a longer period than 24 hours
(excluding the time necessary for the journey from the
place of arrest to the court of Magistrate) unless
remand order u/s 167 Cr.P.C., is passed by the
Magistrate authorising his further detention in police
custody or judicial custody (jail). (57 and A. 22(2)
• 6. Medical examination of arrested person at the
request of arrested person:- if examination of his
body will afford evidence which will disprove the
commission of offence by him, or which will establish
the commission of offence by any other person
against his body, the Magistrate may, if requested by
the arrested person so to do direct the examination
of the body of arrested person by a registered
medical practitioner.
• A copy of the examination report shall be furnished
by RMP to arrested person or his nominee free of
costs.(54)
• 7. Freedom from handcuffing after arrest – unless
permission is granted by the court. (Justice V.R. Krishna
Iyer in Prem Shanker Shukla v. Delhi Ad., AIR 1990 SC 630
• 8. No bar fetters :-under trial is in custody but not under
going punitive punishment. Bar fetters are violative of
human dignity, within or without prisons. (Sunil Batra v.
Delhi Ad., AIR 1978 sc 1535)
• 9. Right against torture and cruel treatment :-No use of
third degree/no beating. It is violative of right to life.
• 10. Right of food, shelter and clothing
• 11. Right to education (A. 21-A)
• 12. Right to health (Doctor at jail Hospital)
• 13. Right to speedy trial:- (A.21)—Hussainara Khatun
v. State of Bihar, AIR 1979 SC 1369—At all the three
stages, I.I.T.
• 14. No application of ex-post facto laws :- (after the
fact) No person shall be convicted of any offence
except for violation of a law in force at the time of the
commission of the act charged as an offence, nor he
will be subjected to a penalty greater than that which
might have been inflicted under the law in force at the
time of the commission of offence. (A. 20(1)—New
rules or enhanced punishment will not be applicable
to crimes committed before the new law was adopted.
• 15. No double jeopardy:- No person shall be
prosecuted and punished for the same offence more
than once. (A. 20 (2)
• 16. Right against self incrimination:- No
person accused of any offence shall be
compelled to be a witness against himself.
(A.20(3)—(cf. DNA test, sample of voice, nails
hairs, finger prints)
• 17. Right of protection of life and personal
liberty :- No person shall be deprived of his
life or personal liberty except according to
procedure established by law
 Additional rights of arrested females

• 1. Female accused to be arrested by a female

police officer only.
• 2. No arrest after sun set and before sun rise,
unless permitted by the Magistrate.
• 3. Medical examination of a female should be
done by or under supervision of a female
medical practitioner. (53(2)
• 4. Right to privacy (A. 21)
• 5. Right to carry small child with her
 Investigation Procedure (154 to 173)
• Criminal investigation is a search for truth and any thing that
aids this search must be encouraged. Police also works on this
theory. “the executive stage in which there should be no
judicial interference” (cf. supervision)
• Investigation may be defined as a formal exploration or research
or examination into allegations of an offence or an official
attempt to find out the truth.
• Investigation includes all the proceedings under Cr.P.C. for
collection of evidence conducted by the police officer or any
person authorised by a Magistrate. (2(h)
• Investigation begins after lodging of FIR(oral/written) in
cognizable offences u/s154 ( to be entered in FIR register) and in
non-cognizable offences u/s 155 Cr.P.C., (to be entered in NCR
register)after taking order/ permission from Magistrate
concerned.
• After order of Magistrate in NCC, police will have same
powers of investigation except power to arrest without
warrant.
• If SHO refuses to lodge FIR, it may be sent to SP, who will
investigate the case himself or direct any subordinate to
investigate the case if, a cognizable case is made out from
allegations of FIR.
Cognizable + Non-cognizable offence = Cognizable
offence (155(4)
• Copy of FIR to be given to informant free of costs (154(2)
• If no action is taken by SHO as well as SP, an application
u/s 156(3) Cr.P.C., can be moved before Magistrate for
lodging of FIR
 Stages of investigation (157)-On FIR or suo motu police
may start investigation in case commission of crime
comes to their knowledge.
No investigation if case if not of serious nature–
Informant to be informed accordingly.
1. Sending of report/FIR to Magistrate through circle
officer (158)
2. Magistrate on receiving report may order
investigation or make preliminary inquiry himself.
• 3. Proceeding of police on the scene of the crime.
• 4. Ascertainment of facts and circumstances of the
case.
• 5. Search and arrest of suspected offender.
• 6. Collection of evidence relating to commission of
offence.
• 7. Police to require attendance of witnesses – who
appears to be acquainted with the facts and
circumstances of the case.(160)
• But statement of a male under 15 years of age and
woman shall be recorded at their place of residence.
• 8. Examination and recording of statements of
witnesses by I.O. u/s 161---who appears to be
acquainted with the facts and circumstances of the
case. Separate and true record of statement of each
witness to be recorded in C.D.
• Witness is bound to answer all questions truly,(other
than questions, the answer to which would have a
tendency to expose him to a criminal charge or to a
penalty or forfeiture (A. 20(3) COI
• 9. Statement of witness recorded u/s 161, not to be
signed by the witness (162)
• Use of such statement- only for contradicting such
witness u/s 145 of Indian Evidence Act and may also
be used in re-examination of such witness, but only
for the purpose only of explaining any matter
referred to his cross examination
• Use of such statement u/s 27 I. E. Act –if articles of
crime are discovered on the pointing out of the
accused.
• No inducement, threat or promise to be offered to
any witness—witnesses to give statement out of
their own free will. (163)
 10. Collection of blood/Blood soaked soil/ordinary soil
from the spot in order to ascertain the place of
occurrence, and sending the same for forensic
examination.
11.Collection of used bullets or its copper caps from
the scene of the crime and sending the same for
forensic examination
12. Collection of reports of forensic laboratory.
12-A. Search of a place by the police officer (100 &165)
under search warrant issued by the Magistrate—for
recovering a particular thing.
12-B. Search in a different PS or a different
district—thing recovered to be sent back to I.O./court
concerned
• 12-C-Letter of request for investigation in a
foreign country :- On application of I.O., court
may issue a letter of request to a foreign court
or authority to examine and record the
statement of any witness supposed to be
acquainted with the facts and circumstances
of the case or require him to produce any
document/thing in his possession. Foreign
court will forward the recorded statement,
thing recovered back to the court issuing letter
of request. (166-A)
13. Taking the injured person to Hospital for treatment for
protection of his life, getting his medical examination done
by a doctor.
14. If some one has died, preparation of inquest report
(panchnama) in the presence of five persons of the locality
in order to ascertain the cause of death.
15. Sending the dead body in a sealed condition for post
mortem by CMO of the district.
16. Handing over dead body to the family members of the
deceased.
17. Collection of PMR /medical examination report from
the Hospital.
18. Collection of bullets if recovered during post mortem,
along with clothes of the deceased.
• 19. Recording the statement of head moharir
who recorded FIR in the FIR register.
• 20. Examination and recording of statement
of the accused in case diary.
• 21. Search of places and/or seizure of weapon
used in the crime or other items connected
with the crime necessary for investigation or
to be produced at the trial.
• Production of the accused before Magistrate for
recording of his confessional statement u/s 164 Cr.P.C.
(only during investigation, before inquiry or trial)
• Magistrate shall warn the accused that he is not bound to
make a confession and that if he does so, it may be used
against him as evidence. Confession should be
voluntarily.
• If accused is not willing to make confession, he shall not
be remanded back to police custody. (beating by police)
• Production of witnesses before Magistrate for recording
their statement u/s 164 Cr.P.C.(only during investigation,
before inquiry or trial)
• Recorded statement u/s 164 shall be sent to the court of
Magistrate by whom the case is to inquired or tried.
 • Medical examination of victim of rape, within 24 hours
of occurrence (164-A)-in an Hospital run by the Govt.
or other RMP with the consent of such woman.
• Doctor will hand over the medical report to I.O., who
in turn will send it to the court of Magistrate along
with C.D.
• Calling of Magistrate for the purposes of recording of
dying declaration of the injured if he is seriously
injured/burnt.
Remand of accused --to be taken if investigation can
not be completed within 24 hours of arrest.
• Taking of police remand of accused after his arrest, if
there are chances of discovery of some articles of
crime after his confessional statement.
• Accused has to be produced before Magistrate (whether
he has jurisdiction to try the case or not) along with CD
and other evidence collected by I.O., like weapon or
article recovered, for remand or authority for his further
detention.
• Granting of judicial remand of the accused person (15
days at a time—maximum 60/90 days) on the application
of I.O.
• Granting of Police remand (maximum 15 days in first 15
days of arrest). No police remand after 15 days of arrest.
• Mrs. Indira Gandhi was released by the court since no
remand request was made by the I.O.
• Executive Magistrate has also power to grant remand for
7 days only, if judicial Magistrates are not available.
• Stop investigation in summons case, if investigation is
not completed within a period of six months from the
date of arrest of accused.
• This order is revisable by sessions judge.
• Report of investigation by a subordinate police officer is
to be submitted to SHO, he will forward it to the court
concerned.
• Result of investigation– Evidence deficient-No forwarding
of accused for remand—Release on bail by SHO (169)
• Evidence sufficient:- Forwarding of accused for remand
for further detention or release on bail in bailable
offences. B.B. shall be forwarded to the court. (170)
 What is a case diary (CD) or General diary (GD)?
Section 172 Cr.P.C., & 44 Police Act,1861
• 172. Diary of proceedings in investigation :
• (1) Every Police officer making an investigation under
this chapter shall day by day enter his proceedings in
the investigation in a diary, setting forth the time at
which the information reached him, the time at
which he began and closed his investigation, the
place or places visited by him, and a statement of the
circumstances ascertained through his investigation.
• (IA) The statements of witnesses recorded during the
course of investigation u/s 161 shall be inserted in
the case diary.
• (IB) The diary referred to in sub-section (1) shall be a
volume and duly paginated.(+Cr.P.C., AA, 2008 w.e.f.,
31-12-2009)
• (2) Any criminal court may send for police diaries of a
case under inquiry or trial in such court, and may use
such diaries, not as evidence in the case, but to aid it
in such inquiry or trial.
• (3) Neither the accused nor his agent shall be entitled
to call for such diaries, nor shall he or they be entitled
to see them merely because they are referred to by
the court; but if they are used by the police officer
who made them to refresh his memory, or if the court
uses them for the purposes of contradicting such
police officer, the provisions of section 161 Cr.P.C., or
section 145, as the case may be, of the Indian Evidence
Act, 1872, shall apply.
• N.B.- C.D. can be used for the purpose of
contradiction u/s 145 Evidence Act (lowering
the value of the statement given in the court).
C.D. can never be used for the purposes of
corroboration or enhancing the value of the
statement of a witness given in the court u/s
157 of Evidence Act . {legal Bias?}
• This is for the protection of the interest of the
accused, looking at the general reputation of
the police.
• Case diary :- C.D. of a case consists of loose blank
sheets, which are numbered consecutively. I.O. is
required to enter day to day proceedings in this
case diary, setting forth the time when
information reached him, time when he began
and closed investigation, the places visited by him.
Statement of all witnesses is to be recorded in the
CD
• Use of CD :- It is not evidence but its use is only to
aid in inquiry or trial.
• Copy of CD is given to the accused before
beginning of trial/or before its committal to the
court of sessions. (section 207, 208)
• General diary is maintained in accordance with
section 44 of Police Act, 1861. G.D. is the clock of
a Police station. It records everything that
happens in a police station. It is like a mirror of
that police station, by going through it, a higher
Police officer gets a clear picture of what is
happening within the Police station’s jurisdiction.
Who visited the police station and why. When
SHO came to police station, when he left P.S. for
investigation and when he came back to P.S. after
closing investigation for that day. Even if a SSP
visits a police station for inspection, his arrival and
departure are recorded in the G.D.
 Contents of case diary of Police (172 Cr.P.C.,1973)
• One C.D. for one case.
• All parallel ruled pages of C.D. are paginated by
printing so that no addition or deletion is possible.
One volume of a C.D. has 100 pages.
• These loose pages of C.D. are issued from the record
room of S.S.P. to every I.O. If C.D. becomes full,
additional sheets can be issued.
• If one I.O. has 5 investigations in hand, he will write
the developments of each case in the case diary
separately.
• Each C.D. is written in duplicate by using one carbon
paper. Original copy is sent to the court concerned
through circle officer, and second copy is kept in the
record room as secondary evidence.
• Each C.D. to be written by the I.O. in his own
handwriting.
• C.D.-I for one case, C.D.-II for next case and so on.
• Each page of the C.D. to be sent to circle officer/ add.
S.P. for his perusal. He will initial the C.D. on the left
hand corner.
• A.P.O./ S.P.O. not to scrutinise the contents of C.D.
• Signature of witnesses, whose statements are
recorded by the I.O. in the C.D. are not to taken on
the C.D. (162 Cr.P.C.)
• I.O. will sign each and every page of the C.D.
 • CONTENTS OF C.D.
• C.D., Part – I, Dated 29-6-2017 (pages 701346 to 48)
• 1. case crime No. 806 of 2017
• 2. sections of the relevant laws, e.g.,498A, 307, 506 IPC
and ¾ D. P. Act.
• 3. Name of the police station, e.g., P.S. Sangrampur,
District Amethi.
• 4. FIR number and year.
• 5. Date, time and place of the occurrence (as mentioned
in the FIR)
• 6. Name, parentage and complete address of the
complainant, Devender Pratap Singh s/o..
• 7. Name, parentage and complete address of each
accused. (as mentioned in the FIR)
• 8. sir, I have received the case after its
registration from the police station. After
perusal of papers, the FIR is being copied in the
C.D.
• 9. Copy of FIR in Hindi (as given by the
complainant) starting from the words “To, the
S.H.O., Police station Sangrampur,.....(entire
story)….signature, name and address of the
complainant.
• Certificate :- I, R.K. Tiwari, head constable
certify that FIR was loaded on the computer
software word by word by me.
 English translation of the FIR
• To,
• The S.H.O., P.S. Sangrampur, District Amethi.
• Sir, most respectfully I, Devender Pratap Singh s/o
Duryodhan Pratap Singh R/o village Viraj, P.S. Mohan
Ganj, District Amethi submit that he had married his
daughter Neha singh with Niranjan Singh s/o Lal
Bahadur Singh on 24-11-2016. The occurrence relates
to yesterday, 26-6-2017 at about afternoon. He was
informed by phone that his daughter is not well.
Immediately, he reached village Dhorhara, and came
to know that no body was available at home including
his daughter. He inquired from neighbourhood and
came to know that his daughter was not well and she
was taken away somewhere. Later on he came to
know that
• her daughter is admitted in Jeewan Jyoti Hospital,
Allahabad at bed number 112 in ICU.
The applicant reached Allahabad and found that her
daughter was lying at bed number 112 in ICU of Jeewan
Jyoti Hospital in almost dead condition. He saw grievous
injuries on her body including a ligature mark around her
neck, which was revealing that she was attacked with a
view to kill her.
Her daughter had previously informed him that her
husband Niranjan Singh, father-in-law Lal Bahadur Singh,
mother-in-law Smt. Vimla Singh, brother-in-law
Dhananjay singh, Silinjay Singh and sister’s son Abhishek
Singh harassed her for insufficient dowry and that her
father has not given cash, jewellery and car in dowry, and
if she will not bring these items from her father, she will
be killed. She was being regularly tortured on account of
insufficient dowry.
• He also came to know that her daughter is pregnant
with 3 months old child.
• It is therefore, most respectfully prayed that legal
action may kindly be taken against the accused
persons after taking cognizance of the offence.
• Dated 28-6-2017 ……………..……..Signature
• Applicant: Devender Pratap Singh
• S/o Duryodhan Singh
• R/o Village Viraj, P.S. Mohan Ganj
• District Amethi. M.No.-9838441656
• 10. Relevant portion of the General Diary is to
be copied in the C.D…..that the complainant
Devender Pratap Singh Singh
s/o…r/o…accompanied by so and so visited
the Police station and gave a FIR dated
28-6-2017, which was self written by him,
against such and accused persons.
• On the basis of FIR, case crime number 806 of 2017 u/s
498A, 307, 506 IPC and u/s ¾ D. P. Act was registered at
the Police station on 28-6-2017 at about 12:30 p.m.
against six accused persons. Investigation was
transferred to Mahila Thana of District Amethi for
investigation since the victim is a female. Now I, Nisha
Sharma, SHO, Mahila Thana, Amethi, am proceeding to
take statement of the complainant/victim u/s 161
Cr.P.C.
• 11. Statement of the head constable who registered
FIR at the Police station :- on interrogation constable
R.K. Tiwari stated “that he had registered the FIR of
case crime number 806 of 2017 u/s…..on 28-6-2017 at
12:30 p.m. on the basis of FIR given by Devender
 Pratap Singh against six accused persons. The case was
registered by him on the computer word by word.
• The pages of today’s C.D. are being forwarded to C.O.
Myself SHO (IO) has to do other Government works.
Investigation will continue…………Signature (Nisha
Shukla, SHO, Mahila Thana, Amethi)
• C.D., Part - II, Dated 1-7-2017 (pages 701349-49)
• Sir, the C.D. No. I of this case has already been
forwarded to you on 28-6-2017. I, SHO after finding
time from other works, started investigation of this
case. I proceeded for the residence of the victim Neha
Singh by Govt. jeep with driver. After reaching at her
residence, I found that her residence was locked. On
interrogation of neighbours, it was disclosed that they
have gone out of station in connection with treatment
of Smt. Neha Singh. I came back at the Police station.
• Sir, this case involves section 307 IPC which is a
serious offence, this case should be investigated by
some other I.O. of P.S., Sangrampur.
• ……………Signature (Nisha Shukla, SHO, Mahila
Thana, Amethi)
• C.D., Part –III, Dated 4-7-2017 (pages 817899-99)
• Sir the investigation of this case was taken over by
me, S.I. Pradeep Singh of P.S. Sangarmpur on the
orders of SHO, Sangrampur. Pages of C.D.- I and II
have already been forwarded to you by SHO Mahila
Thana. (N.B.- investigation sent back to P.S.
Sangrampur)
• Sir, after perusal of carbon copies of the C.D.-I and
II, I started from the Police station and reached at
the residence of Niranjan Singh (husband of Neha
Singh). The house was locked. On interrogation of
the neighbours, it was revealed that the wife of
Nirajan Singh, who was admitted in the Hospital at
Allahabad, has died. Then, I contacted the
complainant Devender Pratap Singh on his mobile
No. 9838441656. He confirmed the death of Neha
Singh. Rest of the investigation will be done after
receipt of PMR.
• …………Signature (Pradeep Singh) S.I., P.S.,
Sangrampur, Amethi.
• Seen……Signature (additional S.P.)
• C.D., Part –IV, Dated 8-7-2017 (pages 610283-284)
• To,
• The SHO P.S. Sangrampur, Amethi
• The applicant had given an application on 28-6-2017 in
connection with murder of my daughter Neha Singh by
her in-laws, whose case is already registered as C.C. No.
806/2017 u/s 489-A, 307, 506 IPC at P.S. Sangrampur. It is
to bring to your kind notice that my daughter has expired
during her treatment in Jeewan Jyoti Hospital, Allahabad
on 1-7-2017. Prayed therefore, that suitable action may
kindly be taken after taking cognizance of the matter.
• (This is S.I.R.)
• Signature…….. Devender Pratap Singh (complainant)
• Dated 8-7-2017
• In accordance with order of the S.H.O., Sangrampur
section 304-B IPC is being added and C.C. No. 806 of 2017
u/s 489-A, 307, 506, 304-B, IPC and u/s ¾ D.P. Act is
amended accordingly.
• Now investigation of this case shall be conducted by the
circle officer. Entire case diary is being sent to circle
officer (G.O. of state of U.P. that dowry death cases shall
be investigated by circle officer of the District)
• Investigation is now transferred to Jata Shanker Mishra,
C.O., Amethi.
• After perusal of previous parts of the C.D., I Jata Shanker
Mishra, C.O., Amethi am proceeding to the residence of
Niranjan Singh (husband). On reaching there, it was
found that his residence was locked. Neighbours
disclosed that all the accused persons are absconding
since death of Neha Singh.
• Then, I contacted the complainant Devender Pratap
Singh on his mobile number and called him to meet
me. Due to others government works, the
investigation for the day is closed. Investigation will
continue ………Signature, I.O. dated 8-7-2017
• C.D., Part –V, Dated 11-7-2017 (pages 610295-298)
• Statement of Devender Pratap Singh recorded u/s 161
Cr.P.C. He stated that…….”………..” his statement in
full is to recorded in the C.D. Thereafter I inspected the
place of occurrence with the help of the complainant.
After observations, the site map as visible by necked
eyes was prepared by me and is attached as a part of
the C.D.
• From the place of occurrence, i.e., room of Neha Singh,
one copy of marriage card between Niranjan and Neha
Singh (date of marriage 24-11-2016), few pink coloured
pieces of broken bangles, one iron ring were recovered
along with a green coloured rope of nylon, on whose one
end 3 inches long nail was tied up. All these items were
kept in a piece of cloth and were sealed. A recovery
memo was also prepared. Photography and videography
of place of occurrence was done. Their C.D. and DVD was
got prepared and is attached in this C.D.
• Thereafter, constable Kasim Ansari was sent to Jeevan
Jyoti Hospital, Allahabad for collection of inquest report,
medical reports and PMR of Neha Singh. Part V of C.D. is
being sent for perusal. Investigation of the day is closed.
Remaining investigation will continue.
• Signature…..Jata Shanker Mishra, I.O. dated 11-7-2017
• C.D., Part –VI, Dated 15-7-2017 (pages 202914-917)
• Injury report (174 Cr.P.C.) of Neha Singh copied in C.D.
• Medical file of Neha Singh from admission till her
death copied in C.D.
• Appointment of 5 witnesses of inquest report
• A) Devender Pratap Singh
• B) Rita Singh
• C) Shivenser Pratap Singh
• D) Rana Pratap Singh
• E) Savita Singh
• Inquest report of Neha Singh copied in C.D., including
the injuries found on her body.
• Perusal of PMR :-
• PMR copied in the C.D.- Cause of death- Death
is due to coma as a result of ligature asphyxia
due to ante mortem injuries.
• From perusal of inquest report and PMR,
death of Neha Singh is certified. Hence
sections 307/506 IPC are omitted and
investigation will proceed u/s 498A, 304B IPC
and u/s ¾ D. P. Act. Proceedings for today are
closed Investigation will continue.
Signature………. Jata Shanker Mishra, I.O.
(15-7- 2017)
• C.D., Part –VII, Dated 16-7-2017 (pages 202922--927)
• Statements of witnesses of inquest report recorded.
• A) Statement of Devender Pratap Singh recorded u/s 161
Cr.P.C.
• B) Statement of Rita Singh recorded u/s 161 Cr.P.C.
• C) Statement of Shivenser Pratap Singh recorded u/s 161
Cr.P.C.
• D) Statement of Rana Pratap Singh recorded u/s 161
Cr.P.C.
• E) Statement of Savita Singh recorded u/s 161 Cr.P.C.
• All the five witnesses identified their signatures on the
inquest report.
• I am to perform other government works, hence
investigation for today is closed. Signature……I.O. dated
16-7-2017
• C.D., Part –VIII, Dated 21-7-2017 (pages 202940--942)
• Witness Virender Bahadur Singh has visited my office. His
statement is recorded u/s 161 Cr.P.C. “…………”
• I am to perform other government works, hence the
proceedings of today are closed.
• Signature……… Jata Shanker Mishra, I.O. dated
21-7-2017
• C.D., Part –IX, Dated 27-7-2017 (pages 202949-950)
• From the perusal of G.D. No. 16 dated 27-7-2017, it was
revealed that Constable Upender Singh, C/Harish Yadav
and C/ Ram Sajivan have arrived at the police station
after arresting accused Niranjan Singh in connection with
Crime No. 806/ 2017 u/s 498-A, 304-B IPC and ¾ D. P. Act,
P. S. Sangrampur. He was arrested on 27-7-2017 at 10:00
a.m. from bus stand, Amethi. The statement of accused
Niranjan Singh is being recorded at male lock up.
• Statement of accused Niranjan Singh recorded. “….”
• Sir, the named accused Niranjan Singh has been
arrested. He is being sent to court along with C.D. It
is prayed that 14 days remand (u/s 167 Cr.P.C.) may
kindly be granted and accused be detained in District
Jail, Amethi.
• I am to perform other government works. Thus, the
investigation for today is finished. Remaining
investigation will continue.
• Signature…………Jata Shanker Mishra, I.O. dated
27-7-2017
• C.D., Part –X, Dated 5-8-2017 (pages 202977-977)
• After finishing other government works, I have taken
up the investigation of this case. I proceeded to the
village Dhorhara along with other staff for arresting
other accused persons named in the FIR. On reaching
at the residence of accused persons, it was found
that the accused persons are absconding and they
are not coming to their residence after arrest of
Niranajn Singh.
• There after, SHO was directed for ensuring the arrest
of remaining accused persons. Due to other works,
investigation for today is closed.
• Signature……..Jata Shanker Singh, I.O. dated
5-8-2017
• C.D., Part –XI, Dated 9-8-2017 (pages 202981-981)
• I.O. Jata Shanker Singh is out of station due to law
and order Duties, hence investigation for today is
being conducted by me, R. B. Singh, C.O., Gauri Ganj,
Amethi.
• Accused Nirajan Singh is in jail w.e.f., 27-7-2017, his
next remand is due. Hence it is prayed that 14 days
judicial custody remand of Niranajn Singh may kindly
be granted. Due to other works, proceedings of the
day are closed. (27-7-2017 + 14 = 9-8-2017)
• Signature……..R. B. Singh, I.O. dated 9-8-2017
• C.D., Part –XII, Dated 11-8-2017 (pages 202983-988)
• C.D. part XI has already been sent on 9-8-2017, the
investigation is taken up today again. Following
witnesses have come to my office, their statements
are being recorded.
• Statement of Radhey Shyam, Nai, recorded. “…….”
• (He is a witness of marriage between Neha Singh and
Niranjan Singh)
• Statement of Pandit Chander Mani Tiwari recorded.
(He is the Pandit who solemnised the marriage
between Neha Singh and Niranjan Singh on
24-11-2016.)
• There after, I received a registered letter containing
affidavits of few witnesses. They are being copied in the
C.D.
• Affidavit of Meena Singh w/o Ran Vijay Singh copied
word by word in C.D. “…supported the storey of
suicide……..”
• Affidavit of Virender Bahadur Singh s/o Kishan Pal Singh
copied word by word in C.D. “……supported the storey
of suicide……..”
• Affidavit of Nirmala Singh w/o Karan Singh copied word
by word in C.D. “……supported the storey of
suicide……..”
• Notices were issued to all the deponents for recording
their statements u/s 161 Cr.P.C.
• Proceedings of today closed. Signature…… Jata Shanker
Mishra, I.O. dated 11-8-2017
• C.D., Part –XIII, Dated 14-8-2017 (pages 202997-998)
• Today I visited the village of the accused persons for
their arrest, but they were absconding and are not
available at their places. S.H.O., Sangrampur was
instructed to arrest the accused persons. Order u/s 55
Cr.P.C., was issued to SHO.
• Then I came back to my office, following deponents
were present in the office. Their statements are being
recorded.
• Statement of Meena Singh w/o Ran Vijay Singh
recorded u/s 161 Cr.P.C. (supported the contents of
affidavit)
• Statement of Usha Singh w/o Janardan Singh recorded
u/s 161 Cr.P.C. (supported the contents of affidavit)
• Statement of Nirmala Singh w/o Bali Karan Singh
recorded u/s 161 Cr.P.C. (supported the contents of
affidavit)
• Statement of Bharat Singh s/o Serve Jeet Singh
recorded u/s 161 Cr.P.C. (supported the contents of
affidavit)
• Statement of Virender Bahadur Singh s/o Kishan Pal
Singh recorded u/s 161 Cr.P.C. (supported the
contents of affidavit)
• Proceedings of today are closed due to other
pending works. Investigation will continue.
• Signature……Jata Shanker Singh, C.O., Amethi, I.O.
dated 14-8-2017
• C.D., Part –XIV, Dated 18-8-2017 (pages
394206-208)
• Today I reached Jeevan Jyoti Hospital, Allahabad
for recording the statement of the Doctor who
admitted Neha Singh in the Hospital.
• Statement of Dr. Sanjay Kumar, Jeevan Jyoti
Hospital recorded u/s 161 Cr.P.C. “………”
• Statement of Dr. J. K. Singh, District Hospital
Allahabad, who conducted post mortem of the
body of Neha Singh recorded u/s 161 Cr.P.C.
“………”
• There after, I reached the office of Tehsildar. Allahabad
for recording the statement of Nayab Tehsildar, who had
prepared the inquest report of Neha Singh.
• Statement of V. K. Shukla s/o P. N. Shukla, Nayab
Tehsildar, Allahabad recorded u/s 161 Cr.P.C. “……….”
• Statement of S.I. Sher Singh Yadav, Incharge, Out Post
Jeevan Jyoti, P.S. Keed Ganj, a witness of inquest report
recorded u/s 161 Cr.P.C.
• Statement of witness of P.M. Constable Kamaluddin
recorded u/s 161 Cr.P.C. “……..”
• Statement of the Doctor who conducted P.M., Dr.
Firdaus Anwar recorded u/s 161 Cr.P.C. “………”
• Proceedings of the day are closed. Investigation will
continue.
• Signature……. Jata Shanker Mishra, I.O. dated
18-8-2017
• Seen. Signature…………Additional S.P., Amethi
• C.D., Part –XV, Dated 22-8-2017 (pages 394220-221)
• Accused Niranjan Singh is in jail since 27-7-2017, his
remand is due today. Hence it is prayed that 14 days
judicial custody remand may kindly be granted.
(27-7-2017 + 14 =9-8-2017 +14 =23-8-17)
• Proceedings of the day are closed.
Signature………..Jata Shanker Mishra, I.O. dated
22-8-2017
• C.D., Part –XVI, Dated 27-8-2017 (pages 394221-221)
• Today I resumed the investigation and proceeded at
the known places for the arrest of remaining accused
persons. They could not be found. They are
absconding. Even neighbours could not tell their
whereabouts. Informer of Police (Mukhbir) was called
and asked to tell whereabouts of the accused persons.
He said that he is trying to find the places of their
hiding of accused persons and will disclose the same
as soon as it comes to his knowledge.
• I am to do other govt works, hence proceedings of the
day are closed.
• Signature……Jata Shanker Mishra, I.O. dated
27-8-2019.
• C.D., Part –XVII, Dated 4-9-2017 (pages 394237-237)
• Today I again resumed the investigation and
proceeded at all possible places where remaining
accused persons could be hiding. But none of them
could be arrested. SHO also informed me that
remaining accused persons are hiding and
absconding and are trying to remove their movable
and immovable properties.
• Hence, it is prayed that N.B.W. against accused
persons Lal Bahadur Singh, Smt. Vimla, Dhanajay
Singh, Silinjay Singh and Abhishek Singh may kindly
be issued.
• Sir, accused Niranjan Singh is in Amethi District jail
since 27-7-2017, his next remand is due today. It is
therefore prayed that 14 days judicial custody
remand may kindly be granted against the accused
Niranjan Singh. (23-8-2017 + 14 =5-9-2017)
• Since I am to see other govt works, proceedings of
the day are closed.
• Signature…….Jata Shanker Mishra, I.O. dated
4-9-2017
• C.D., Part –18, Dated 5-9-2017 (pages 610299-299)
• Following witnesses have arrived in my office. Their
statements are being recorded.
• Statement of witness Ram Sahoder Maurya recorded
u/s 161 Cr.P.C. “…Accused Abhishek Singh Studies in S.
P. Inter college Amethi and lives in P. G. at Amethi. He
visits village rarely. He has nothing to do with the
incident. He is wrongly named in the FIR.”
• Statement of witness Lalta Prasad Yadav recorded u/s
161 Cr.P.C. “…Accused Abhishek Singh Studies in S. P.
Inter college Amethi and lives in P. G. at Amethi. He
visits village rarely. He has nothing to do with the
incident. He is wrongly named in the FIR.”
• I am to see other govt works, hence the proceedings of
the day are closed.
• Signature……..Jata Shanker Mishra, I.O. dated
5-9-2017
• C.D., Part –19, Dated 6-9-2017 (pages 394240-244)
• Relieved from other govt works, I resumed the
investigation of this case. Following witnesses have
come to my office. Their statements are being
recorded.
• Statement of witness Krishan Mohan Tiwari recorded
u/s 161 Cr.P.C. “…Accused Abhishek Singh Studies in S.
P. Inter college Amethi and lives in P. G. at Amethi. He
visits village rarely. He has nothing to do with the
incident. He is wrongly named in the FIR.”
• Statement of witness Jai Karan Singh recorded
u/s 161 Cr.P.C. “…Accused Abhishek Singh
Studies in S. P. Inter college Amethi and lives in
P. G. at Amethi. He visits village rarely. He has
nothing to do with the incident. He is wrongly
named in the FIR.”
• Statement of witness Sandeep Singh recorded
u/s 161 Cr.P.C. “…Accused Abhishek Singh
Studies in S. P. Inter college Amethi and lives in
P. G. at Amethi. He visits village rarely. He has
nothing to do with the incident. He is wrongly
named in the FIR.”
• Statement of witness Dr. Rajender Pratap
Singh recorded u/s 161 Cr.P.C. “…Accused
Abhishek Singh Studies in S. P. Inter college
Amethi and lives in P. G. at Amethi. He visits
village rarely. He has nothing to do with the
incident. He is wrongly named in the FIR.”
• Statement of witness Alok Kumar Singh
recorded u/s 161 Cr.P.C. “…Accused Abhishek
Singh Studies in S. P. Inter college Amethi and
lives in P. G. at Amethi. He visits village rarely.
He has nothing to do with the incident. He is
wrongly named in the FIR.”
• Statement of H.C.P., G.P.N.Singh recorded u/s 161
Cr.P.C. “….I was posted at P.S. Sangrampur. The
complainant had registered a case crime No. 806/2017
u/s 498-A, 307, 506 IPC and u/s ¾ D. P. Act on
28-6-2017. The victim Neha Singh died during her
treatment. On the application of the complainant
(SIR), section 304-B was added in the said crime by
me. I certify the said addition.
• Thereafter, I proceeded to the possible places of stay
of the accused persons for their arrest. The accused
persons met me in the village Dhorhara. They
produced before me the order dated 22-8-2017 of
staying their arrest passed by the Lucknow bench of
High Court at Allahabad in Case Misc No. 19214 of
2017 Vimla Devi and others v. State of U.P. The order
of Hon’ble High Court is being copied in the C.D.
• HIGH COURT OF JUDICATURE AT ALLAHABAD,
BENCH, LUCKNOW
• Misc case No. 19214 of 2017
• Vimla Devi & others v. State of U.P. & others
• Copy of order dated 22-8-2017
• “ Considered the submissions advanced by the
learned counsels for the parties and the
nature of the allegations, it is directed that the
petitioners shall not be arrested in the
abovementioned case till submission of the
Police report u/s 173 Cr.P.C., but they shall
co-operate with the investigation of the
case…”
• Statement of accused Lal Bahadur Singh recorded.
He stated that… “I am innocent and I will produce
my defence in the court..”
• Statement of accused Smt. Vimla recorded. She
stated that… “I am innocent and I will produce
my defence in the court..”
• Statement of accused Dhanajay Singh recorded.
He stated that… “I am innocent and I will produce
my defence in the court..”
• Statement of accused Silinjay Singh recorded. He
stated that… “I am innocent and I will produce
my defence in the court..”
• Statement of accused Abhishek Singh
recorded. He stated that… “I am innocent and
I will produce my defence in the court. I study
in Amethi and I live in the house of Dr. R. P.
Singh as P.G. I study in S. P. Inter college
Amethi. I rarely visit village Dhorhara. I never
harassed Neha Singh. I never demanded any
dowry from her. He denied all the allegations.
He has also produced the marks sheet of class
10, in which his D.O.B. is mentioned as
6-7-2002 ”
• Sir, this case was registered at P.S. Sangrampur.
The investigation was done by me. On the basis of
the statements of the witnesses, inspection of the
site of offence, Panchayatnama (inquest report),
PMR, medical reports and other evidences, the
date of birth of named accused Abhishek Singh is
6-7-2002. Thus, he is found to be a juvenile on the
date of offence. (6-7-2002 to 26-6-2017, below 15
years) and his involment in the crime is found
false. Thus, his name is deleted from this case and
FR is filed against Abhishek Singh.
• Charge sheet u/s 498-A, 304-B IPC and u/s ¾ D. P.
Act is being filed against named accused persons
Niranjan Singh, Smt. Vimla, Lal Bahadur Singh,
Dhanajay Singh and Silinjay Singh because
sufficient evidence is available against them in the
C.D.
• The arrest of accused persons Smt. Vimla, Lal
Bahadur Singh, Dhanajay Singh and Silinjay Singh
is stayed by the order of Hon’ble High Court. Thus
they are not arrested. Notice u/s 41-A of Cr.P.C.
was issued to them and they are directed to
remain present in the court whenever called
upon.
• On the basis of the investigation done by me the
offences u/s 498-A, 304-B IPC and u/s ¾ D.P.Act are
duly proved against accused persons Niranjan Singh,
Smt. Vimla, Lal Bahadur Singh, Dhanajay Singh and
Silinjay Singh. Thus, they are challaned and a charge
sheet is being filed against them u/s 498-A, 304-B IPC
and u/s ¾ D.P.Act. Investigation is closed.
• Signature…Jata Shanker Mishra, I.O. dated 6-9-2017.
• Enclosures- as above including the charge sheet.
• N.B.-No further remand of accused Niranjan Singh is
taken u/s 167 Cr.P.C., since chapter of investigation is
closed. Now remand shall be taken u/s 309/ 209
Cr.P.C. during the trial.
 Result of investigation– Final Report or
Charge Sheet/challan
• SHO will submit report (F.R. or C.S. u/s 173) to the court
concerned after completion of investigation. This report
shall be filed in the prescribed form fixed by the state
Govt.
• Contents of Charge Sheet
• (a) Name of the parties
• (b) Nature of information
• (c) Names of the witnesses, acquainted with the facts of
the case
• (d) details of offences with section number and name of
the Act along with name of the accused persons
• (e) whether accused has been arrested
• (f) whether accused has been released on bail, with or
without sureties
• (g) whether the accused has been forwarded in custody
u/s 170.
• Information shall be sent to the complainant regarding
filing of charge sheet.
• (g) all documents or relevant extracts on which
prosecution proposes to rely shall be annexed.
• (h) statements of all witnesses recorded by I.O. shall be
annexed as part of the CD with CS
• Further investigation is never barred (supplementary CS
can be filed at any time without any limitation)-173(8)
• Mahatma Gandhi’s murder—fourth bullet theory
• Definition of General Diary :- G.D. of police is a
register to record 24 hours incidents that are
happening within the jurisdiction of a police station
on daily basis. If any incident has taken place or is
likely to take place, then any person can file an
application for G.D. entry.
• General diary is like a log book. Extract of every
complaint received at the PS is recorded in the GD
log book. It is maintained by the police for their
internal reporting purposes.
• GD is like a clock or journal book of entries.
• Arrival and departure of every police officer will be
recorded in GD
• If a person goes to police station for lodging
his FIR, his arrival and departure is recorded in
GD along with time.
• Names of the persons accompanying the
complainant shall be entered in GD
• If accused is arrested and brought at the
police station, his arrival and departure for
remand shall be entered in GD.
• If S.P. comes to the police station for
inspection of the P.S., his arrival and
departure shall be entered in G.D.
 Procedure of Session Trial

By
Justice Bhanwar Singh
Director General,
Delhi Metropolitan Education
Sector 62, Noida
• Sessions Trial :- Preliminary observations
• Cognizance of offences by courts of sessions:-
• No court of sessions shall take cognizance of any
offence as a court of original jurisdiction, unless
the case is committed to it by a Magistrate under
Cr.P.C. (193)
• Additional Sessions Judge, or Assistant Sessions
judge shall try such cases as the Sessions Judge of
the district may by special or general order make
over/transfer to him for trial or as the High Court
may, by special order, direct him to try, (194)
• Commitment of case to court of sessions, when
offence is exclusively triable by it in accordance with
schedule attached at the end of Cr.P.C. (209)
• When in a case instituted on a Police report or a
complaint, the accused appears or is brought before
the Magistrate and it appears to the Magistrate that
the offence is triable exclusively by the court of
sessions, the Magistrate shall–
• (a) Commit the case to the court of sessions, after
complying with section 207 or 208, and subject to
bail, remand the accused to judicial custody until
such commitment has been made;
• (b) Subject to bail, remand the accused to judicial
custody during, and until conclusion of the trial;
• (c) Send the record of the case to such court of
sessions along with documents and articles, if any,
which are to be produced in evidence;
• (d) Inform and notify the public prosecutor about the
commitment of the case to the court of sessions.
• Supply of copies of police report and other documents
to the accused person before commitment
• According to S.207 the copies of police report, F.I.R.
u/s 154, statements recorded u/s 161, confessions and
statements recorded u/s 164 or any other document or
relevant extracts contained in the case diary are to be
given to the accused.
 In complaint cases, the copies of the statements
recorded u/s 200 & 202 should also be given to the
accused free of cost (S.208) before the case is
committed to the court of sessions.
After the completion of investigation and inquiry,
the trial begins after the framing of the charge.
There are five types of trials provided under Cr.P.C.: -
• 1) Session trial: - A Court of Sessions cannot
directly take the cognizance of any offence. A
competent Magistrate may take cognizance of
such an offence and commit the case to the Court
of Sessions for trial. All such cases committed to
the Court of Sessions are to be tried by the
Sessions Judge according to the procedure laid
down in S.225 to 235.
 Trial to be conducted by a public prosecutor :- In
every trial before court of session, the prosecution
shall be conducted by a public prosecutor.
Opening of case for prosecution :- When the
accused appears or is brought before the court of
sessions in pursuance of commitment u/s 209, P.P.
will open the case in the Court of Sessions by
describing the charges against the accused and
stating by what evidence he proposes to prove the
guilt of accused (S.226),
• Discharge of accused:- If upon consideration of the
record of the case and documents submitted
therewith and after hearing the accused and the
prosecution, the judge is of the opinion that there is
no sufficient ground for proceeding against the
accused, he shall discharge the accused (S.227).
• Framing of the charge:- If after such consideration
the judge is of the opinion that the accused has
committed an offence which is exclusively triable by
the court of sessions, the judge shall frame the
charge, which shall be read over and explained to the
accused and the accused shall be asked whether he
pleads guilty or claims to be tried (S.228).
• Conviction on plea of guilty :- If the accused
pleads guilty, the judge shall record the plea and
may, in his discretion, convict the accused (S.229).
• Date for prosecution Evidence:- If the accused
refuses to plead guilty and claims to be tried or is not
convicted u/s 229, the judge shall fix a date for
examination of prosecution witnesses (S.230). On
application of P.P., summons shall be issued against
the witnesses or for production of documents.
• Recording of evidence for prosecution :- On the date
so fixed the judge shall record all such evidence in
support of the prosecution case (S.231 (1).
• Order of examination :- (section 137 I. E. Act)
• 1. Examination-in-chief :- The examination of witness,
by the party who calls him, is called as
examination-in-chief.
• (No leading question to be asked in the examination in
chief) Section 142 I. E. Act
• Leading question :- Any question suggesting the
answer, which the person putting it wishes or expects
to receive, is called leading question. (141 I. E. Act)
• 2. Cross-examination :- The examination of the
witness by the adverse party is called
cross-examination. (leading questions can be asked in
cross examination)
• 3. Re-examination :- The examination of the
witness, subsequent to cross-examination by the
party who called him, is called as re-examination.
This shall be confined to the explanation of the
matters referred to in cross-examination.
• 4. Re-cross-examination :- If any new matter is
introduced in re-examination with the permission
of the court.
• The judge may, in his discretion, permits the
cross-examination of any witness to be deferred
until any other witness or witnesses have been
examined in chief (S.231 (2).
• Questions by party to his own witness :-
• Hostile witness :- means a witness who is antagonistic
to the party calling him and, being unwilling to tell the
truth. Such a witness is biased against the cause of the
party calling him.
• If a witness has been declared hostile at the request of
the party who has called that witness, the court may, in
its discretion, permit the person who calls a witness to
put any questions to him which might be put in
cross-examination by the adverse party. (154 I. E. Act)
• (Leading questions can be asked from a witness who is
declared hostile) such a witness will be cross-examined
by both the parties.
• Oral arguments and memorandum of arguments
• When the prosecution evidence is recorded and is over, S.314
enables the prosecutor to submit his arguments after the
conclusion of prosecution evidence.
• Examination of the accused u/s 313 Cr.P.C.
• The accused shall be examined u/s 313 for the purpose of
enabling the accused personally to explain any circumstances
appearing in evidence against the accused.
• Acquittal without entering into defence evidence :-
• (This is a special feature of ST)
• If after taking the evidence for the prosecution, examining the
accused and hearing the prosecution and the defence, the judge
considers that there is no evidence that the accused has
committed the offence; the judge shall record an order of
acquittal (S.232). This stage is absent in any other type of trial.
• Date for defence evidence
• If the accused is not acquitted u/s 232 Cr.P.C., a date
shall be fixed for defence evidence (S.233 (1).
Recording of defence evidence will be in the same
manner as that of prosecution evidence. If the
accused applies for issue of summons for attendance
of any witness, document or things, the judge shall
issue such summons. Accused person, if he so
desires, can put in any written statement in his
defence (S.233 (2).
• Court witness :- When the defence evidence is over,
court may examine any court witness(s) u/s 311 if his
evidence appears to be essential to the just decision of
the case. (examination-in-chief, cross-examination)
• Arguments :- After the examination of court witnesses
and the defence evidence, the prosecutor shall sum up
his case and the accused shall be entitled to reply. This is
the stage of final arguments (S.234).
• Judgment :- Acquittal or conviction. After hearing the
arguments and point of law the judge shall give a
judgment in the case (S.235 (1)
• Standard of proof :- Beyond reasonable doubt for
conviction. If there is a doubt, accused has to be
acquitted. (100 guilty persons may be acquitted but one
innocent should not be punished)
• Hearing on Quantum of sentence :-
• If the accused is found guilty and is convicted and the
judge does not release him on probation of good conduct
or after admonition (warning) u/s 360, the judge shall
hear the accused on the question of quantum of
sentence and then pass sentence on him according to law
(S.235 (2).
• Bail bonds for six months – For appearance before next
appellate court :- (in case of acquittal or conviction both)
+ by Act No. 5 of 2009 w.e.f., 31-12-2009.
• Before conclusion of the trial and before disposal of
appeal, the court trying the offence or the appellate
court, as the case may be, shall require the accused to
execute the bail bonds with sureties, to appear before
the higher court as and when such court issues notice in
respect of any appeal or petition filed against the
judgment of the respective court. Such bail bonds shall
remain in force for six months.
• Sentence of death given by the court of session judge/
ADJ is always subject to confirmation by the High Court.
(See section 366 Cr.P.C.)
• Accused can also file appeal in the High Court.
• Accused can file appeal in the SC against the order of HC.
• Accused can file mercy petition before President of India.
• After rejection of mercy petition, death sentence is to be
executed.
• Hearing on death warrant is given to both parties.
Thereafter, black warrant/death warrant is issued.
• Accused is hanged by rope till he is dead. (death to be
confirmed by the Doctor at jail)
• Rope according to weight of convicted person is
summoned from Baxur jail and In U.P. the executor
(Jallad) is called from Merrut.
• Warrant of execution of a death sentence (Form No.42)
• (See section 413 and 414)
• To the Officer in charge of the Jail at ………
WHEREAS ……… (name of prisoner) the (1st, 2nd, 3rd, as the case
may be) prisoner in case No ………, of the Calendar for20 ………,
at said Session, held before me on the ……… day of ……… 20
……… has been by a warrant of the Court, dated the day ……… of
……… committed to your custody under sentence of death; ………
and whereas the order of the High Court at ……… confirming the
said sentence has been received by this Court;
This is to authorise and require you to carry the said sentence into
execution by causing the said ……… to be hanged by the neck until
he be dead, at ……… (time and place of execution) and to return
this warrant to the Court with an endorsement certifying that the
sentence has been executed.
Dated, this ……… day of ………, 20 ………
(Seal of the Court) (Signature of P.O.)
 Kaun Banega Civil Judge ?
Fastest fingers first (10 seconds)
• Q. Starting from minimum to maximum, arrange
these cases according to time taken by the Supreme
Court in concluding the hearing of following cases:-
• (A) A writ petition heard and dismissed in-limine.
• (B) Case upholding validity of Aadhar Act, 2016
(J. K. S. Puttuswami v. UOI, W.P. No. 494 of 2012,
DOJ-23-9-2018)
• (C) Ram Janam Bhumi- Babri Maszid case.
• (D) Keshavananda Bharti v. State of Kerala, AIR 1973
SC 1461
• Answer:- A,B,C,D.
• (A) A writ petition heard and dismissed
in-limine.—Hardly 10-15 minutes
• (B) upholding validity of Aadhar Act, 2016
(Justice K. S. Puttuswami v. UOI, W.P. No. 494 of
2012, DOJ-23-9-2018)—38 days
• (C) Ram Janam Bhumi- Babri Maszid case.-40days
• (D) Keshavananda Bharti v. State of Kerala, AIR
1973 SC 1461.—68 days
 Kaun Banega Civil Judge ? Fastest finger first

• Arrange these stages of a trial in the correct

order according to Cr.P.C. :-
• (a) Defence Evidence
• (b) prosecution Evidence
• (c) Statement of accused u/s 313 Cr.P.C.
• (d) Judgment
• Answer fastest fingers first :-

• (b) Prosecution Evidence

• (c) Statement of accused u/s 313 Cr.P.C.
• (a) Defence Evidence
• (d) Judgment
Q.1:- Under the scheme of Cr PC the original jurisdiction
to take cognizance of an offence is vested in

(a) The Court of Sessions

(b) The Court of Magistrate
(c) The High Court
(d) All the above.
Ans:- (b)
 Q.2:- Court of Sessions has the original jurisdiction to
take cognizance of offences against president, V.P.,
Governors or ministers, by virtue of

(a) Section 190 of Cr PC

(b) Section 193 of Cr PC
(c) Section 199 (2 )of Cr PC
(d) Section 198 of Cr PC.
Ans:- (c) S.199 (2)
Section 193.
No court of session shall take cognizance of any offence
as a court of original jurisdiction unless the case is
committed to it by the Magistrate
 Q.3:- Court of Sessions under section 199 of Cr PC has
the original jurisdiction to take cognizance

(a) On an oral complaint of a private person

(b) On an oral complaint of the public prosecutor
(c) On a written complaint of a private person
(d) On a written complaint of the public prosecutor.
Ans:- (d)
Defamation of/against President, V.P., Govt. of a state,
Minister of union or state etc., cognizance will be taken
by court of sessions on the written complaint of PP
Victim can approach the court of Magistrate having
jurisdiction u/s 199 (6)
But No FIR no police investigation
 Q.4:- Period of limitation prescribed for making a
complaint to the Court of Sessions in original jurisdiction
is

(a) Three months from the date of commission of the

offence
(b) Six months from the date of commission of the offence
(c) One year from the date of commission of the offence
(d) As provided under section 468 of Cr PC.
Ans:- (b)
u/s199 (5), limitation is six months.
Q.5:- A case can be committed to the Court of Sessions, by
a Magistrate

(a) Under section 209 of Cr PC

(b) Under section 323 of Cr PC
(c) Under section 324 of Cr PC
(d) Both (a) & (b) above.
Ans:- (d)
S. 209 committal when offence is exclusively triable by
court of sessions
S. 323 committal after inquiry/trial, that case ought to be
triable by court of sessions
S. 208 committal of complaint case by Magistrate (no
FIR)
Q.6:- Under section 209 of Cr PC, a case can be committed
to the Court of Sessions

(a) If the offence is exclusively triable by the Court of

Sessions
(b) If the Magistrate thinks that the case ought to be tried
by the Court of Sessions
(c) Both (a) &: (b)
(d) Only (b) & not (a).
Ans:- (a)
Q.7:- Section 323 of Cr PC provides for committal of cases
to the Court of Sessions

(a) Which disclose commission of offences exclusively

triable by the Court of Sessions
(b) Which the Magistrate thinks ought to be tried by the
Court of Sessions
(c) Both (a) & (b)
(d) Only (a) & not (b).
Ans:- (b)
Q.8:- Committal proceedings under section 209 of Cr PC
are in the nature of

(a) Aid in investigation

(b) Inquiry
(c) Trial
(d) Either inquiry or trial.
Ans:- (b)
 Q.9:- During inquiry or trial, under section 309 of Cr PC
Magistrate can remand the accused

(a) For a maximum of one month at a time

(b) For a maximum of 15 days at a time
(c) For a maximum period of 14 days at a time
(d) For a period till next date irrespective of days.
Ans:- (b)
Q.10:- Under section 311 of Cr PC, a witness can be called

(a) On the motion of the prosecution

(b) On the motion of the defence
(c) On its own motion by the court
(d) All the above.
Ans:- (d)
Eg., Best Backery case, witnesses were called u/s 311
Cr.P.C.
 Q.11:- Power under section 311 of Cr PC can be exercised

(a) To re-call any witness(es) already examined

(b) To summon any witness who has been cited as a
witness but not produced or examined before the
evidence is closed
(c) To summon any witness who has not been cited as a
witness
(d) All the above.
Ans:- (d)
 • Q. 11-A :- In a sessions trial, recording of
statement of accused u/s 313 Cr.P.C.
(a) Can never be dispensed with
(b) May be dispensed with permission of the
court
(c) May be dispensed with in a sessions trial case
where the personal attendance of the accused
has been dispensed with
(d) May be dispensed with with the permission of
High Court
• Ans :- A
 Q.12:- Under section 313 of Cr PC, the statement of the
accused

(a) Has to be recorded on oath

(b) Has to be recorded without oath
(c) Either on oath or without oath depending on whether
the case is a summons trial or a warrant trial
(d) Either on oath or without oath as per the discretion of
the court.
Ans:- (b)
S. 313 (2) No oath shall be administered to the accused
when he is examined u/s 313 Cr.P.C. (no acceptance of
facts or evidence because of fear of God)
 Q.13:- Recording of the statement of the accused

(a) Can never be dispensed with

(b) May be dispensed with in a summons trial case
generally
(c) May be dispensed with in a summons trial case where
the personal attendance of the accused has been
dispensed with
(d) May be dispensed with in a warrant trial case where the
personal attendance of the accused has been dispensed
with.
Ans:- (c)
S. 205 Cr.P.C.
Recording of statement u/s 313 can be dispensed with, if personal
attendance of accused is exempted in trial of summons cases u/s
205
 Q.14:- Answers given by the accused to the question put to
him while recording his statement under section 313 of Cr
PC can be taken into consideration for

(a) Judging the innocence of the accused

(b) Judging the guilt of the accused
(c) For judging the innocence or guilt of the accused
(d) Neither for judging the innocence nor the guilt of the
accused.
Ans:- (c)
S. 313 (4) Cr.P.C.
Answer of question may be put in evidence for or against
the accused. (section 21 of I. E. Act)
 Q.15:- Under section 315 of Cr PC

(a) An accused can not be a witness

(b) An accused can be compelled to give his own evidence
generally
(c) An accused can be called as a witness only on his own
request in writing
(d) Either (a) or (b).
Ans:- (c)
S. 315 (a)
Accused will be produced as DW to disproof the charges
made against him. Eg., he will prove that he was in
London on the date of the crime, so that he may be
acquitted on the plea of ali bi u/s 11 of Indian Evidence
Act
 Q.16:- An accused having made a request in writing to
examine himself and having been called to examine
himself

(a) Must necessarily examine himself

(b) Has the liberty not to give evidence without giving rise
to any presumption against him
(c) Has the liberty not to give evidence, but in such a case a
presumption against him arises
(d) Has the liberty not to give evidence but in such a case a
presumption arises against him & other co-accused
tried along with him jointly.
Ans:- (b)
 Q.17:- Power under section 319 of Cr PC can be exercised

(a) By the Magistrate and the Court of Sessions both only

after recording of evidence during the inquiry or trial

(b) By the Magistrate before recording of evidence but by

the Court of Sessions only after recording of evidence

(c) By the Magistrate and the Court of Sessions both even

before recording of evidence

(d) By the Magistrate only after recording evidence but by

the Court of Sessions before recording of evidence.
Ans:- (a)
Power to proceed against a person not being an accused,
if from evidence it appears that he has also committed an
offence.
Q.18:- The FIR can be quashed in the exercise of inherent
powers by

(a) The Magistrate's Court

(b) The Court of Session
(c) The High Court
(d) Either (a) or (b) or (c)
Ans:- (c)
Inherent powers of High Court to quash FIR u/s 482
Q.19:- The inherent powers of the High Court are
contained in

(a) Section 462 of Cr PC

(b) Section 472 of Cr PC
(c) Section 482 of Cr PC
(d) Section 492 of Cr PC
Ans:- (c)
Q.20:- The procedure for trial before a Court of Sessions is
provided under sections

(a) 260 to 265 Cr PC

(b) 238 to 250 Cr PC
(c) 251 to 259 Cr PC
(d) 225 to 237 Cr PC.
Ans:- (d)
 Q.21:- The Code of Criminal Procedure (Amendment) Act,
2005 (25 of 2005) came into force on

(a) 22nd June, 2006

(b) 21st June, 2005
(c) 23rd June, 2006
(d) 23rd July, 2006
Ans:- (c)
23-6-2006
 Q.22:- Every State Government in co-ordination with the
Central Government shall formulate Victim Compensation
Scheme (VCS) for providing fund for compensation to
victims falls under section 357A of Cr. P.C. This section
was inserted by

(a) Code of Criminal Procedure (Amendment) Act, 2008

(5 of 2009)
(b) Code of Criminal Procedure (Amendment) Act, 2005
(25 of 2005)
(c) Criminal Procedure Law (Amendment) Act, 2005
(2 of 2006)
(d) Code of Criminal Procedure (Amendment) Act, 2001
(50 of 2001)
Ans:- (a)
S 357 A + AA 2009
 Q. 23. under which section in Cr.p.c. a session
court orders acquittal of accused before
pronouncing judgement :
(a) Section 227.
(b) Section 233.
(c) Section 235.
(d) Section 232.
• Ans. D
In a session trial after taking evidence from the
prosecution, examining the accused, hearing
the prosecution, judge considers that there is
no evidence that accused has committed an
offence.
 Q. 24. Accused shall be supplied with all
necessary copies of document for their
perusal is provided under section
(a) Section 207 & 208
(b) Section 207 & 223
(c) Section 208 & 226
(d) Section 228 & 222
• Ans. A
Section 207 applies for to giving of copies to the
accused in police chalani cases.
Section 208 applies for to giving of copies to the
accused in complaint cases.
 • Q 25. Charges framed against the accused are
to be read and explained to him, this is
provided under
(a) Section 228
(b) Section 226
(c) Section 229
(d) Section 227
• Ans. A
Under section 228 (2) charges framed against
the accused shall be read and explained to
him and the accused shall be asked whether
he pleads guilty of the offences charged
against him or claims to be tried.
 2) Warrant Trial: - A warrant case is a case relating
to an offence punishable with death, life or for a
term exceeding 2 years. All cases tried before a
Court of Sessions are warrant cases. Rest of the
warrant cases are to be tried by the Magistrate as
shown in column 6 of schedule I. Trial of warrant
cases is given in S.238 to 250 Cr.P.C. S.238 to 250 are
divided into three groups
(A) S.238 to 243 deals with warrant cases instituted
on a police report;
(B) S.244 to 247 deals with warrant cases as are
instituted otherwise than on police report;
(C) S.248 to 250, which are equally applicable to
cases instituted on a police report and instituted
otherwise then on a police report.
• This difference in two types of warrant trial is
justified because in cases instituted on a police
report, a lot of record made during
investigation by the police is made available to
the court and to the accused persons. Such
record does not exist in cases instituted on
complaint. In such cases, it becomes necessary
to provide special procedure to enable the
accused to acquaint him with the facts of the
case.
• A) Warrant trial on police report: - First of all u/s 238
Cr.P.C., the copies of F.I.R. recorded u/s 154,
statements recorded u/s 161, confessions and
statements recorded u/s 164 Cr.P.C. and police report
shall be given to the accused as per requirement of
S.207 Cr.P.C.
• Accused shall be discharged if the allegations against
him are baseless (S.239)
• but if upon considering the police report and the
documents sent along with charge sheet u/s 173
Cr.P.C. and hearing the accused, the Magistrate is of
the opinion that there are sufficient grounds for
believing that the accused has committed an offence,
he shall frame in writing a charge against the accused
which shall be read over and explained to the accused
and the accuse will be asked whether he pleads guilty
or claims to be tried (S.240).
• If the accused pleads guilty, the Magistrate may, in his discretion,
convict the accused (S.241).
• If the accused refuses to plead guilty and claims to be tried or
the Magistrate does not convict him u/s 241 Cr.P.C., the
Magistrate shall fix a date for examination of prosecution
witnesses.
• First of all the examination-in-chief, then cross-examination shall
be recorded but the Magistrate may permit the
cross-examination of any witness to be deferred until any other
witness has been examined. The Magistrate is to take all
evidence produced by the prosecution. He cannot acquit the
accused only on consideration of part of the prosecution
evidence.
• After the completion of prosecution evidence the two important
steps are taken as in session trial, i.e.,
• (1) examination of the accused u/s 313 Cr.P.C.
• (2) Oral argument and memorandum of argument on behalf of
the prosecution (S.314 Cr.P.C.); and
• When the prosecution evidence is over, a date shall be
fixed for defence evidence.
• On the application of the accused, the Magistrate will issue
summons to compel the attendance of any D.W. for the
purpose of examination or cross-examination. The
Magistrate may require that the reasonable expenses of
D.Ws attending the trial be deposited in the court by the
accused. The accused can also file a written statement in his
defence (S.243 (1).
• When the defence evidence is over the court may examine
any court witness u/s 311.
• After this, APO and counsel for defence may submit to the
court oral arguments or/and a memorandum of argument.
• After hearing the arguments, the court will pronounce
judgment of acquittal or found guilty.(248)
• On being found guilty, separate hearing on sentencing will
be given to both the parties.
• Judgment on sentencing.
• B) Warrant trial otherwise than on a police report
(complaint case): -No FIR, No role of Police, no
investigation, no charge sheet
• Warrant cases instituted otherwise than on police
report means cases instituted on private complaint. All
complaints are filed in the court of C.J.M. He may
transfer the complaint to any subordinate court
thana-wise. Immediately on receipt of a complaint, the
statement of the complaint is recorded u/s 200 Cr.P.C.
• After this, a date is fixed for recording statements of
witnesses u/s 202 Cr.P.C. At the stage of S.202 Cr.P.C.,
court may send the case to the police for further
investigation. Police officer will comply with such
orders u/s 156 (3) and will proceed with investigation
and will submit his report either u/s 173 Cr.P.C. or u/s
169 (final report), i.e., no case is made out.
• If after considering the statement on oath of the
complaint u/s 200 Cr.P.C., and statement of
witnesses u/s 202 Cr.P.C. and the result of any
investigation or inquiry u/s 202 Cr.P.C., Magistrate
is of the opinion that there is no sufficient
grounds for proceeding, he shall dismiss the
complaint and accused shall be discharged u/s 203
(not acquitted).
• But if the grounds are sufficient for proceeding,
process shall be issued in the form of summons or
warrants u/s 204 Cr.P.C.
• On the date fixed for “appearance”, accused will
appear before the court and will apply for bail.
Next date will be fixed for prosecution evidence
u/s 244 Cr.P.C. (evidence before charge)
• In warrant cases instituted on a complaint, in the
absence of any copies to be given to the accused
(which are not present) a preliminary hearing of the
prosecution case becomes necessary; hence S.244
Cr.P.C. provides that in a warrant case first of all the
Magistrate shall proceed to hear the prosecution and
take all such evidences as may be produced in support
of the prosecution.
• (A prosecution witness who appeared in the witness
box u/s 200/202 Cr.P.C. has to come to the court
second time and give his statement u/s 244 Cr.P.C. At
the stage of 200/202 Cr.P.C., he is not cross-examined
since at that stage accused has no right to appear.
Upon taking of such evidence as provided in S.244
Cr.P.C. if the Magistrate thinks that no case against the
accused has been made out, the Magistrate shall
discharge the accused (S.245)
• if the accused is not discharged then the Magistrate will
frame a charge against the accused who shall be asked
whether he pleads guilty or wants to enter into defence
(S.246 (1) & (2).
• If the accused pleads guilty, the Magistrate shall record the
plea and may, in his discretion, convict the accused (S.246 (3).
• If the accused refuses to plead guilty and claims to be tried,
he will be required to state whether he wants to
cross-examine any of the P.Ws. (S.246 (4). If the accused wants
to cross-examine then such P.W. shall be recalled (S.246 (5).
• A prosecution witness who was invited at the stage of
200/202 Cr.P.C., had to come in witness box second time at
the stage of S.244 Cr.P.C. But accused has a right to further
cross-examine the same P.W. at the stage of prosecution
evidence u/s 246 (4). Meaning thereby, one witness can be
invited thrice in the witness box.
• examination of accused (S.313)
• After this, the accused shall be asked to enter into
defence on the completion of the prosecution
evidence (S.247). The evidence for defence will be
recorded.
• Arguments of both sides.
• When the recording of prosecution as well as
defence evidence is complete in a warrant trial on a
police report or otherwise than on a police report, the
court shall write a judgment of acquittal or conviction
• After hearing the final argument and if the Magistrate
finds the accused guilty and does not release him on
probation of good conduct or admonition u/s 360
Cr.P.C., he shall hear the accused on the question of
sentence, and then pronounce judgment in
accordance with the law.
• 3) Summons trial: - A summons case means a case
punishable with imprisonment up to 2 years or less.
• Trial of summons cases is provided in S.251 to 259
Cr.P.C.
• In summons cases, when the accused appears or is
brought before the Magistrate, the particulars of the
offence shall be stated to him
• He shall be asked whether he pleads guilty or has any
defence to make (S.251).
• It is not necessary to frame a formal charge in
summons case. Only the substance of the accusation is
to be stated to the accused by the Magistrate.
• If the accused pleads guilty the Magistrate shall
record his plea and may convict him (S.252).
• But if the Magistrate does not convict the accused u/s 252
Cr. P. C. the Magistrate shall fix a date for hearing the
prosecution and taking all such evidence in support of the
prosecution (S.254 (1).
• When the prosecution evidence is over, the accused shall
be heard and examined u/s 313
• Accused will be asked to produce evidence in defence, if
any (S.254).
• The Magistrate upon taking all evidence u/s 254 Cr.P.C. if
finds the accused not guilty, he shall record an order of
acquittal (S.255 (1).
• But if the Magistrate finds the accused guilty and does not
release the accused on probation of good conduct or on
admonition u/s 360 Cr.P.C. then he shall pass sentence upon
him according to law.
• Note: - Procedure of complaint case of an offence upto 2
years of punishment is the same as that of summons case
on police challan /charge sheet.
• 4) Summary trial: - (Its procedure is = summons trial).
• Summary trial is a short form of regular trial. Only C.J.M. or
M.M. or J.M. Class Ist is empowered to conduct summary trial.
• Only certain kinds of offences are tried summarily, e.g., S.379,
380, 381 I.P.C. dealing with theft of property of value less than
Rs.2,000/-, receiving or retaining stolen property u/s 411,
assisting in concealment or disposal of stolen property u/s 414
I.P.C. of value less then Rs.2,000/-, S.454 & 456, 504 & 506
I.P.C. or an offence u/s 20 Cattle Trespass Act 1871.
• The summary trial of abetment or attempt of any of the
above offences can also be held (S.260 Cr.P.C.). The HC may
authorize JM IInd class to try any offence summarily which is
punishable only with fine or with an imprisonment for a term
not exceeding 6 months and its abetment or attempt (S.261).
The procedure to be followed in summary trial will be that of
summons cases (S.262 (1).
• The court is not authorized to impose a sentence for a
term exceeding 3 months in a summary trial (S.262
(2).
• Recording of evidence in the summary trial is also
done in a short cut way. The Magistrate shall record
the serial number of case, the date of commission of
offence, the date of F.I.R. or complaint, name of
complainant, name, parentage and residence of the
accused, the offence complained of and the offence
proved, the plea of the accused and his examination,
the finding, the sentence or final order and the date
on which the proceedings terminated (S.263). In every
case tried summarily where the accused does not
plead guilty, the judgment will contain a brief
statement of reasons for the finding (S.264).
*-*-*-*-*
 Rectification of Errors in criminal law- Appeal
• Human judgment is subject to normal errors, therefore,
Cr.P.C. provides for appeal and revision to rectify the
mistake of the lower courts.
• This gives an additional satisfaction to the parties
aggrieved by the decision. The appeal as a corrective
measure is not very much relevant in petty cases where
the error of the lower court is more likely to be of
insignificant nature.
• E.g., if the accused is convicted on his own plea of guilt,
no right of appeal is given to him (S.375). This is justified
because once an accused is convicted and has
voluntarily submitted him for conviction he will not
apply to the higher court for appeal.
• S.372 says that appeal is a creature of law. Meaning
thereby, no appeal shall lie from any judgment or order of
a criminal court except as provided by this code. There is
no inherent right of appeal.
• Victim’s right to file appeal:- (+ Cr.P.C.,AA, 2008 w.e.f.,
31-12-2009) victim shall have right to appeal against any
order passed by the court acquitting the accused or
convicting for a lessor offence or imposing inadequate
compensation. Such appeal shall lie to the court to which
an appeal ordinarily lies against the order of conviction of
such court.
 • S.376 provides no appeal in following petty cases:
-
1. where the High Court passes a sentence for a
term not exceeding 6 months or fine not
exceeding Rs.1,000/- or both.
2. where a Court of Sessions or Metropolitan
Magistrate passes only a sentence of
imprisonment for a term not exceeding three
months and fine not exceeding Rs.200/- or both.
3. where a Magistrate of Ist class passes only a
sentence of fine not exceeding Rs.100/- or
4. in summary trial the Magistrate passes a
sentence of fine not exceeding Rs.200/-.
Proviso to S.376 makes it clear that in above-mentioned
non-appealable sentences, an appeal may be preferred, if
any other sentence is combined with it. But it is further
made clear that such sentences shall not be appealable
merely on the ground: -
• (1) that the convicted person is ordered to furnish
sureties to keep peace; or
• (2) that a direction for imprisonment in default of
payment of fine is included in the sentence; or
• (3) that more then one sentence of fine is passed in the
case, if the total amount of fine imposed does not exceed
the amount provided in S.376.
• It may be recalled that u/s 31 (3), for the purpose
of appeal by a convicted person, the aggregate of
the consecutive sentence passed against him at
one trial shall be deemed to be a single sentence.
• S.375 provides no appeal where the accused is
convicted on his plea of guilt by a High Court or if
the conviction is by the Court of Sessions, C.J.M.,
M.M., or J.M. Ist, or IInd, no appeal shall lie except
to the extent or legality of the sentence.
 (A) Appeal from Convictions
• I) Appeal to the SC: -
• a) Any person convicted on a trial held by the High Court
in its extraordinary original criminal jurisdiction may
appeal to SC (S.374 (1).
• b) S.379 provides that where the High Court has on appeal
reversed an order of acquittal of accused person and
convicted him and sentenced him to death or life or for a
term exceeding 10 years, he may appeal to the SC.
• c) A.131 (1) of the Constitution provides that an appeal
shall lie to the SC from any judgment, decree or final order
of the High Court if the High Court certifies that the case
involves a substantial question of law, as to the
interpretation of the Constitution.
• d) A.134 (1) of the Constitution provides that an
appeal shall lie to the SC from any judgment, final
order or sentence in a criminal proceedings of a
High Court in the territory of India if the High
Court has withdrawn for trial before itself any
case from any subordinate court and has
convicted the accused and sentenced him to
death or if the High Court certifies that the case is
a fit one for appeal to the SC.
• e) A.136 (1) of the Constitution provides that SC
may in its discretion grants special leave to appeal
from any judgment, decree, sentence or order in
any case or matter passed by any court (S.L.P.).
 II) Appeal to the High Court
• Any person convicted on a trial held by Sessions
Judge or Additional Sessions Judge or by any
other court (Assistant Sessions Judge) in which a
sentence of more than 7 years has been passed,
may appeal to the High Court (S.372).
 III) Appeal to the Court of Sessions

• Any person convicted on a trial by a C.J.M., M.M.

or Assistant Sessions Judge or J.M. Ist or IInd may
appeal to the Court of Sessions (S.374 (3).
• Limitation of deciding appeal:- (+ by Criminal
Law AA 2018 w.e.f. 21-4-2018) when an appeal
has been filed against a sentence passed u/s 376,
376A, 376AB, 376B, 376C, 376D, 376DA, 376 DB,
or 376E of IPC, the appeal shall be decided (by
the High Court) within a period of six months
from the date of filing of such appeal.
 IV) Special Right of Appeal

• S.380 provides that when more persons than one

are convicted in one trial and an appealable
judgment of order has been in respect of any of
such person, all or any one of the persons
convicted at such trial shall have a right of
appeal.
 V) Appeal by State Government against
Sentence
• S.377 provides that State Govt. may in case of
conviction on a trial held by any court (other than a
High Court), the State Govt. may direct the public
prosecutor to present an appeal against the sentence
on the ground of its inadequacy. The Central Govt.
may also direct to file appeal on the same ground if
the offence has been investigated by the Delhi Special
Police.
• An appeal against the sentence on the ground of its
inadequacy may be presented to the Court of
Sessions, if the sentence is passed by the Magistrate;
and to the HC, if the sentence is passed by any other
court (Cr.P.C. AA, 2005)
• When an appeal has been filed against the
sentence on the ground of its inadequacy, the
court of session or High Court shall not
enhance the sentence except after giving to
the accused a reasonable opportunity of
showing cause against such enhancement and
while showing cause, the accused may plead
for his acquittal or for reduction of sentence.
(377(3)
• Limitation of deciding appeal:- (+ by Criminal
Law AA 2018 w.e.f. 21-4-2018) when an appeal
has been filed against a sentence passed u/s
376, 376A, 376AB, 376B, 376C, 376D, 376DA,
376 DB, or 376E of IPC, the appeal shall be
decided (by the High Court) within a period of
six months from the date of filing of such
appeal.
 (B) Appeal from Acquittal
• S.378 provides that the DM may direct the public
prosecutor to present an appeal to the Court of
Sessions from an order of acquittal passed by a
Magistrate in respect of a cognizable and
non-bailable offence.
• Similarly, the State Govt. may direct the public
prosecutor to present an appeal to the High
Court from an original or appellate order of
acquittal passed by any court other than the High
Court or an order of acquittal passed by the
Court of Sessions in revision.
• If such an order of acquittal is passed in any case in
which the offence has been investigated by the Delhi
Special Police. Central Govt. may also direct the
public prosecutor to present such an appeal to the
Court of Session, from an order of acquittal passed by
a Magistrate in respect of a cognizable and
non-bailable offence and to the HC from an original
or appellate order of an acquittal passed by any court
other than a HC or an order of acquittal passed by
the Court of Session in revision.
• Before filing any appeal to the High Court against the
order of the acquittal, the leave of the High Court
has to be taken by the public prosecutor (S.378 (3).
U/s 378 (4) the complainant can also obtain such
special leave and present an appeal to the High Court
against the order of acquittal.
 Procedure of filing an Appeal
• Petition of appeal
• S.382 provides that every petition of appeal
must be in writing and accompanied by a
certified copy of the judgment or the order
appealed against.
• S.383 provides that if the appellant is in jail he
may present his petition of appeal and the
copies of the judgment through the officer
in-charge of jail, who shall thereupon forward
such petition to the proper appellate court.
 Powers of Appellate Court
• The appellate court has power to dismiss the appeal summarily
(S.384) or dismiss it after hearing but not summarily (S.385).
• If upon examining the petition of the appeal and copies of the
judgment, the appellate court considers that there is no
sufficient ground for interfering, it may dismiss the appeal
summarily (S.384 (1).
• But a right of hearing shall be given to the appellant or his
pleader before an appeal is dismissed summarily (S.384 (1) (a).
• No jail appeal shall be dismissed summarily until the period
allowed for preferring such appeal has expired (S.384 (1) (c).
• Before dismissing any appeal summarily the appellate court may
call for the record of the lower court (S.384 (2).
• If a jail appeal has been dismissed summarily and a different
appeal u/s 382 has been preferred by the appellant through his
counsel against the same judgment then the summary dismissal
of jail appeal shall not be a bar to the hearing of regular appeal
filed u/s 382 (S.384 (4).
 • The appellate courts while dealing with appeals have
following additional powers: -
I. To grant bail or suspend the execution of sentence
(S.389).
II. To order for arrest of the accused in appeals from
acquittal (S.390).
III. Take further evidence himself or order it to be taken by
the lower court (S.391 (1).
IV. Dismiss the appeal (S.386).
V. Reverse the order of acquittal or direct further inquiry in
the case or order for retrial or convict him (S.386 (a) (Best
Bakery Case).
VI. Reverse the order of conviction and acquit or discharge
the accused or order him to be retried by the lower court
(S.386 (b) (i).
VII) Alter the finding, maintaining the sentence (S.386 (b)
(ii).
VIII) Alter the nature or extent of the sentence (S.386 (b)
(iii).
IX) In an appeal for enhancement of sentence, reverse the
order and acquit or discharge the accused or order or
retrial or alter the finding or nature of the sentence (S.386
(c).
Power of lower court = power of appellate court
(in appeal)
IInd proviso to section 386 :- the appellate court
shall not inflict greater punishment for the
offence which in its opinion the accused has
committed than might have been inflicted for
that offence by the court passing the order or
sentence under appeal.
• S.388 provides that every order of the High Court in an
appeal is to be certified to the lower court and the lower
court shall amend its order in conformity with the High
Court’s judgment.
• S.392 provides that if the judges of the court of appeal
are equally divided in their opinions, the appeal shall be
laid before another judge of that court who will give
judgment; unless he so desires, the appeal may be
re-heard and decided by a larger bench.
• S.393 provides that the judgment and order passed by
the appellate court shall be final except in cases of
appeal by the state on the ground of inadequacy u/s 377
or S.378 or the judgment will be subject to reference and
revisional jurisdiction of the court.
• To conclude, it is submitted that appeal is nothing
but continuation of the trial. The appellate court
cannot impose more punishment than which trial
court could have imposed.
• Meaning thereby, power of sentencing of
appellate court are not more than powers of the
trial court. In other words, appellate judge sits in
the chair of trial court while deciding an appeal.
Appellate judge steps into the shoes of the trial
judge.
 Reference
• S.395 & 396 deal with reference. S.395 provides that
reference always lies to High Court, when any court is
satisfied that in a case pending before it, involves a
question as to validity of an Act, Ordinance or
Regulation, the determination of which is necessary
for the disposal of the case and court is of the
opinion that such Act, Ordinance, regulation or
provision is invalid or inoperative, but has not been
so declared by the High Court to which that is
subordinate or by the SC, the court shall state a case
setting out its opinion and reasons, and refer the
same for the decision of the High Court.
• Court of Sessions or M.M. may also refer the matter to
the High Court on question of law arising in the
hearing of any case where S.395 (1) does not apply.
• Disposal of case according to decision of High
Court. (S. 396)
• The High Court on a matter so referred shall
pass such order as it thinks fit and shall send a
copy of the same to the lower court by which
the reference was made. The lower court shall
dispose of the case in conformity with the
orders of the High Court.
 Revision
• In order to avoid the possibility of any miscarriage of
justice the right of revision is given in cases where no
right of appeal is available.
• S.397 to 405 deals with the powers of revisional
courts.
• The power of revision conferred on higher courts is
very wide and are purely discretionary in nature.
• Therefore, no party has any right as such to be heard
before any revisional court.
• Hence a revision can not be dismissed in default. It is
the duty of the court to decide revision even in the
absence of parties.
 • Following limitations circumscribes the revisional
powers: -
1) In cases where an appeal lies, no appeal is brought;
ordinarily no revision shall be entertained at the
instance of the party who could have appealed (S.401
(4).
2) The revisional powers are not exercisable in relation
to any interlocutory order (provisional order which is
not final) (S.397 (2).
3) The revisional court is not authorized to convert a
finding of acquittal into one of conviction (S.401 (3).
4) A person is allowed to file only one application of
revision either to the Court of Sessions or to the High
Court (S.397 (3), S.399 (3).
 Powers of the Revisional Court
• S.397 to 405 relate to the powers of revision. S.399, 400 &
401 respectively deal with powers of revision of Session
Judge, Additional Sessions Judge and the High Court.
• S.397 read with S.400 empowers these Judges and the High
Court to call for the records of the subordinate court for
the purpose of exercising powers of revision. S. 398
empowers them to order for further inquiry.
• S.397 (1) empowers the High Court or Court of Sessions
who may call for and examine the record of any case
before any inferior criminal court situated within its local
jurisdiction for the purpose of satisfying himself as to the
correctness, legality or propriety of any sentence or order
passed by any inferior court.
• The revisional court may when calling for such record
direct that the execution of any sentence or order be
suspended or if the accused is in confinement, he may be
released on bail or on his personal bond.
 Powers of the Revisional Court

• S.397 (2) provides that no revision shall be

entertained in relation to any interlocutory order
passed in any appeal, inquiry, trial or other
proceedings.
• S.397 (3) provides that no second revision shall be
entertained by the HC or Sessions Judge on the
application of the same person.
• S.398 empower the revisional court to order or
further inquiry into any complaint, which has been
dismissed u/s 203 or S.204 (4) or into the case of
any person accused of an offence who has been
discharged.
 Sessions Judges’ Powers of Revision
• S.399 provides that powers of Sessions Court
while exercising revisional jurisdiction are same
and equivalent to the High Court.
• No further revision shall lie to the High Court from
a matter decided by the Sessions Judge in revision
(S.399 (3).
• S.400 provides that the powers of the Additional
Sessions Judge are equivalent to the powers of a
Sessions Judge. But he shall deal with only those
revision petitions, which are transferred to him by
the Sessions Judge.
• Powers of Powers of Powers of
Sessions Judge = Additional = High Court of Revision
Sessions Judge
(S. 399) (S.400) (S.401)
• The High Court’s powers of revision are very wide. There is no
form of judicial injustice which revisional court cannot rectify.
S.397 is linked up with S.401 which indicates the revisional
powers of the revision court.
• S.401 (1) confers on the High Court, all powers of appellate
court u/s 386, 389, 390 & 391. It also empowers the High Court
to direct tender of pardon to the accused as contemplated by
S.307.
• Similarly, the revisional court if equally divided in opinion
(division bench) the procedure of S.392 of referring the matter
to a third judge or to a larger bench shall be followed.
• The Revisional Court cannot convert a finding of
acquittal into one of conviction (S.401(3) while in
appeal the appellate court has jurisdiction to
convert a finding of acquittal into one of
conviction
• S.401 (5) provides that if a right of appeal is
provided under this code but a revision petition
has been preferred under the erroneous belief
that no appeal lies thereto, the Revisional Court
may treat the application for revision as a petition
of appeal in the interest of justice.
• The High Court can exercise its revisional powers suo
motu, i.e., on its own initiative or on the petition of
an aggrieved party.
• Option of hearing:- S.403 provides that no party has
any right to be heard either personally or by pleader
before any court exercising revisional powers but the
court may, if it thinks fit may hear any party either
personally or through pleader.
• S.404 makes it clear that when the record of the trial
held by a M.M. is called for by the High Court or
Sessions Court u/s 397, the M.M. may submit with
the record of the case a statement stating forthwith
the grounds of his decision.
• The Revisional Court shall consider such statement
before over ruling or setting aside the said decision or
order of M.M.
• In cases of joint trial, if one of the several accused
persons moves the High Court and any other accused
person moves the Sessions Court on the same matter
in revision, there would be a conflict of jurisdiction.
• In such cases, High Court shall decide having regard to
the general convenience of the parties that which of
the two courts (High Court or Sessions Court) should
finally dispose off the matter.
• The High Court may decide to dispose off both the
revisions itself or may direct that the Sessions Judge
shall decide both the revision applications.
• The High Court has a power to withdraw and transfer
revision cases u/s 402. Where the application for
revision is transferred by the High Court to the
Sessions Judge, his decision shall be final.
• No party has any right to file further revision
application before the High Court (S.402 (4).
• S.405 provides that every order of the High Court
in revision shall be certified to the lower court and
the lower court shall thereupon pass orders in
conformity with the orders of the High
Court/Sessions Court.
• To conclude, it is submitted that interlocutory
orders are not revisable. Whether the revision lies
or not, following is the test.
• Test – whether an order is revisable or not: -
• If the order sought to be revised is reversed in favour
of revisionist, it would have finally terminated the
entire proceedings of the lower court, than the order
is revisable.
• E.g., revision against framing of charge is maintainable
because if order of framing of the charge is reversed, it
will discharge the accused and will terminate the
proceedings of the lower court.
• If the trial court rejects an adjournment application,
this order is an interlocutory order, and its revision is
not maintainable because even if this order is
reversed, it will have no effect on the merit of the
case in lower court.
 Plea of autre fois acquit and autre fois convict
• According to Ratan Lal and Dhiraj Lal, a person cannot be
tried second time for an offence with which he was
previously charged. S.300 Cr.P.C. constitutes a preliminary
objection to the commencement of the trial.
• A person who has been convicted or acquitted by a
competent court cannot be retried for the same offence
again.
• This rule is substantially known as autre fois acquit and
autre fois convict, which is equivalent to the rule of res
judicata (S.11 Cr.P.C.)
• In civil proceedings, the rule is based upon the obvious
public policy that no one should be vexed (annoyed) twice
for the same offence. A.20 (2) of our Constitution also says
that no person shall be prosecuted and punished for the
same offence more than once. It is a FR of accused.
• Article 20 (2) speaks nothing about previous
acquittal. It speaks about previous conviction only.
But section 300 speaks about both.
• This principle is enshrined in S.300 (1) Cr.P.C.,
which says that a person who has once been tried
by a court of competent jurisdiction for an offence
and convicted or acquitted of such offence shall,
while such conviction or acquittal remains in
force, not to be liable to be tried again for the
same offence, nor on the same facts for any other
offence for which a different charge from one
made against him might have been made in
doubtful case u/s 221 (1) or for which he might
have been convicted u/s 221 (2).
• There must be trial of the accused, i.e., hearing
and determination on merits. Trial begins after
framing of the charge, when first witness is
produced in the witness box.
• In a summons case, the accused is said to be tried
when he appears and answers u/s 251 though no
formal charge is framed.
• In Session trial, the trial commences after the
charge is framed u/s 228. There is no trial before
the charge is framed. All things done before trial
are known as enquiry. Framing of charge is also
part of inquiry.
• Enquiry always results either into discharge or charge.
The trial always concludes either into conviction or
acquittal.
• For the application of bar of S.300 it is essential that
the person must have been convicted or acquitted. If
he is discharged, he can be recharged, and S.300 will
not be a bar.
• The explanation attached to S.300 (6) also makes it
clear that the discharge of the accused is not an
acquittal for the purpose of S.300.
• The explanation also makes it clear that the dismissal
of the complaint u/s 203 Cr.P.C. is not an acquittal for
the purposes of this section and a fresh complaint can
be filed on availability of further evidence.
• The conviction or acquittal in order to operate as
res judicata must be by a court of competent
jurisdiction. If the court, which held the first trial,
was not competent to try the accused, this
section will not apply and the accused can be
tried again for the same offence.
• E.g., A is charged by a Magistrate of IInd Class with,
and convicted by him of, theft of property. A, may
subsequently be charged with and tried for
robbery on the same facts.
• Competent court:- Sanction for prosecution
against public servant not takens
• The conviction of a person and the sentence
passed on him u/s 161 IPC and u/s 6 of
Prevention of corruption Act are set aside on the
ground of want of proper sanction u/s 197
Cr.P.C.. It can not be said that there was a proper
trial at all and the result of the decision can not
operate as autre fois acquit u/s 403 Cr.P.C (new
section 300 Cr.P.C.) Thus, a fresh trial after
obtaining fresh sanction is not barred. Held in M.
Gopala Krishna Naidu v. State of M.P., Cr.L.J. 1952
845.
• The trial must be for an offence. A person against whom
security proceedings u/s 107/116 Cr.P.C. are taken cannot
be said to have committed an offence.
• Similarly, the dismissal of the application u/s 125 Cr.P.C.
for maintenance is no bar for second application because
the proceedings do not amount to an offence.
• Second trial is barred only when the accused is convicted
or acquitted. There is a distinction between discharge and
acquittal. Discharge of the accused does not amount to an
acquittal.
• An order of discharge is not a judgment. Discharge may be
made after preliminary enquiry or during a trial before a
Magistrate before the accused has been called upon to
plead guilty.
• When there is no prime facie evidence against the
accused, he should be discharged and not
acquitted. A man who is only discharged may
again be charged with the same offence if other
evidences are discovered. But a person who has
been acquitted can never be put on trial again for
the offence of which he has been acquitted.
• The bar of S.300 applies so long as a court of
appeal or revision has not set the judgment or
order aside. If it is set aside, the accused can
again be put on his trial because the previous trial
was annulled.
• The first conviction or acquittal is bar to second trial if the
offence is same/identical. Second trial is also barred for
any offence based on same facts. This is a very important
limitation.
• The offence must be the same or some other or for which
a separate charge might have been made at the first trial
on the same facts (constructive res judicata).
• If a charge might have been made for another offence in
the first trial, the accused cannot be tried again for such
offence. The protection given by S.300 applies only to
same offences but, however, the protection is extended to
different offences only when they are based on the same
facts and falls within the provision of S.221, i.e., where it
is doubtful what offence has been committed.
• Illustration :- A is tried upon a charge of theft as a
servant and acquitted. He can not afterwards,
while the acquittal remains in force, be charged
with theft as a servant, or, upon the same facts,
with theft simply or with criminal beach of trust.
• Illustration :- A is charged before before court of
session and is convicted of C.H. of B. A can not be
afterwards tried on the same facts for murder of
B.
• Illustration :- A is charged by Magistrate of first
class for voluntary causing hurt to B and is
convicted. A can not afterwards be tried for
voluntary causing grievous hurt to B on the same
facts.
• Where the charge on second trial is for different
offences, the trial is not barred. S.300 (2) says that a
person acquitted or convicted of any offence may be
afterwards tried, with the consent of State Govt. for
any distinct offence for which a separate charge might
have been made against him at the former trial u/s 220
(1), i.e., where one series of acts so connected
together as to form the same transaction, more
offences than one are committed by the same person,
he may be charged with and tried at one trial for every
such offence.
• But if some of the offences are left and not covered in
one trial, he cannot be tried again for the rest of the
charges unless the sanction of the State Govt. is taken.
This acts as a safeguard against abuse of power by the
authorities.
• S.300 (3) says that a person convicted of any offence
constituted by any act causing consequences, which
together with such act, constituted a different offence
from that of which he was convicted, may be afterwards
tried for such last mentioned offence, if the consequences
had not happened, or were not known to the court to have
happened at the time when he was convicted.
• E.g., A is tried for causing grievous hurt and is convicted.
The person injured, afterwards dies. A may be tried again
for culpable homicide. The facts or circumstances must be
such as to indicate a different kind of offence of which
there could be no conviction at the first trial.
• The new facts or consequences must have occurred after
the conviction or acquittal at the first trial. If the court knew
the new facts of consequences at the time of first trial,
second trial for an offence constituted by new facts would
be barred.
• S.300 (4) says that if the court by which the person was
tried first was not competent to try the offence with
which he is subsequently charged; the person may be
subsequently charged and tried for any other offence
constituted by the same facts.
• E.g., A, B & C are charged by a Magistrate of Ist Class
and convicted of robbery.
• All the three accused may afterwards be charged with
and tried for dacoity on the same facts because the
offence of dacoity is not triable by a Magistrate of Ist
Class, it is triable only by the Court of Sessions.
• See the competence of court No. 1 for trial of 2nd
offence.
• S.300 (5) says that when a person is acquitted during
summon trial u/s 258 where the Magistrate makes an
order to stop the proceedings, such person discharged
u/s 258 shall not be tried for the same offence except
with the consent of the court by which he was
discharged or of any other court to which the first
mentioned court is subordinate. This is also a
safeguard against the misuse of power by the
proceeding authorities.
• S.300 (6) says that the bar of this section shall not
affect the provisions of S.26 of the General Clause Act,
1897, which provides that where an act or omission
constitutes an offence under two or more
enactments, the offender shall be liable to be
prosecuted and punished under either or any of these
enactments, but shall not be liable to be punished
twice for the same offence.
• In Pritam Singh v. State of Punjab, it was held that the
acquittal of Pritam Singh on a finding that the
prosecution had failed to establish the possession of
revolver u/s 25 Arms Act, which was a fact in issue,
could not be re-agitated by the prosecution again.
• SC observed that the effect of a verdict of acquittal
pronounced by a competent court on a lawful charge
and a lawful trial is not completely stated by saying
that the (1) person acquitted cannot be tried again for
the same offence; to that it must be added that the (2)
verdict is binding and conclusive in all subsequent
proceedings between the parties to the decision.
• Once it has been proved that he was not in possession
of revolver and acquitted, prosecution is not at liberty
to agitate this issue again, which is clearly barred by
S.300 Cr.P.C. (old S.403).
• First set of proceedings against Pritam Singh:-
Before the court of Judicial Magistrate. Charge u/s 25
Arms Act, for keeping country made illegal revolver.
Acquitted after full trial.
• Second set of proceedings against Pritam Singh:-
Before the court of sessions judge.
• First head of charge u/s 302 IPC for murder by illegal
revolver.
• Second head of charge u/s 25 Arms Act for keeping
country made illegal revolver.
• On the second head of charge, accused has already
been acquitted. Hence second trial u/s 25 Arms Act is
not only barred but prosecution is estopped from
leading evidence on this charge again.
• Issue estoppel: - This rule in a criminal trial is that
where a competent court has tried an issue of fact
on a former occasion and a finding has been
reached in favour of the accused, such a finding
would constitute an estoppel against the
prosecution.
• No further evidence shall be received to disturb
that finding of fact when the accused is tried
subsequently even for a different offence.
• In Manipur Administration v. T.B. Singh, AIR 1965 SC
87, where A was charged for breaking the prohibitory
orders u/s 144 Cr.P.C. and then committing a murder.
The trial court decided that A was not present in the
crowd which broke the prohibitory orders u/s 144
Cr.P.C. at his trial u/s 188 I.P.C. He was acquitted.
• On the trial of A on the charge of murder, he cannot be
tried for murder because once it has been decided
finally that A was not present there, the prosecution is
estopped from agitating that A was present there and
committed murder. Prosecution is barred by the rule of
issue estoppel.
• The issue estoppel is a rule of evidence which does
not work as a bar to the trial but as precluding the
reception of evidence to disturb that finding of fact
on which the court once has applied its mind, heard
the parties and finally decided it.
 Discharge and Acquittal
• The principle of res judicata contained in S.300 is applicable
only if the person is acquitted. Order of discharge is such
that the accused can be re-charged and his second trial is
not barred u/s 300.
• Explanation attached to S.300 (6) clearly says that the
dismissal of a complaint or discharge of accused is not
acquittal for the purposes of this section.
• This section is based on the well-known principle that no
person should be twice vexed for the same offence. Where
an offence has already been the subject of judicial
investigation, and adjudication, and there has been an
acquittal, the acquittal is conclusive and it would be a very
dangerous principle to adopt to regard a judgment of not
guilty as not fully establishing the innocence of the
accused.
• For application of S.300, it is not necessary that there
should be an acquittal on the merits. The withdrawal of
remaining charges u/s 245 Cr.P.C. upon conviction on one of
the several charges has the effect of acquittal and bars the
same trial on the same facts.
• The non-appearance of the complainant in a summon trial
u/s 256 Cr.P.C. has the effect of acquitting the accused and
he cannot be tried again for the same offence. Similarly,
withdrawal of a summon case by the complainant operates
as acquittal of the accused.
• A compromise or compounding u/s 320 Cr.P.C. has the
effect of acquittal. But a wrong order of acquittal will not
bar a subsequent trial. If a Magistrate tries a warrant case
as summons case an acquits the accused without framing a
charge, such an order of acquittal will be treated as one of
discharge only and cannot operate as a bar to a re-trial.
• The explanation attached to S.300 (6) provides that the
discharge of the accused is not an acquittal for the
purposes of this section. Code has not drawn any
distinction between a discharge where all evidence has
been heard for prosecution and a discharge where it
has not been heard. Law permits fresh proceedings
against the person discharged.
• The dismissal of a complaint u/s 203 is not an
acquittal; hence, fresh complaint is not barred.
Similarly, the dismissal of a complaint u/s 204 (4) for
non-payment of the process fee for summoning the
accused does not amount to an acquittal, hence, does
not bar the fresh trial.
• An order of discharge u/s 245 or 249 does not bar
fresh complaint on the order of discharge; no formal
order u/s 398 is necessary for the institution of the
fresh trial.
• An order of discharge has to be taken as an order
of acquittal when, in the circumstances, an order
of acquittal was the only order that could largely
be passed.
• Conversely, an order that purports to be one of the
acquittals has to be recorded as one of the
discharge when under the law; only discharge
order could be passed.
*-*-*-*-*
• MCQ:-
• Scope of which doctrine is wider?
• (a) autre fois acquit, autre fois convict
• (b) Issue estoppel
• (c) scope of (a) and (b) is equal
• (d) NOTA
• N.B.:- the doctrine of autre fois acquit/autre
fois convict is the first step. Issue estoppel will
operate thereafter.
• The equation:-
• Issue estoppel = No second trial + prohibition
of leading evidence on the same charge again.

• Ans:- (b)
 Plea bargaining—ADR in criminal law
(added by Cr.P.C. AA 2 of 2006 w.e.f., 5-7-2006)

• Chapter XXI-A was added in Cr.P.C. on the

recommendation of 154 LCR (265-A to 265-L)
• Barey v. State of U.P., 1997 (1) A.W.C. 242 by Justice
Girdhar Malviya was the first judgment of Allahabad
High Court relating to plea bargaining at appellate stage.
(DOJ- 15-10-1996) An option was given to appellants in
the matters of single judge appeals to make an
application before the court by 31-12-1996 (later on
extended upto 31-3-1997) on the principle and pattern of
plea-bargain to ask the courts that they may not be sent
to jail and instead their sentences may be modified by
the sentence of fine together with the period already
undergone by them in jail.
• This liberty was given only in the appeals
pending in the High Court upto the year 1991,
i.e., such appeals which are more than five
years old in the High Court.
• Justice Girdhar Malviya has engineered a
novel device of reducing arrears in the High
Court in respect of criminal appeals.
• Plea bargaining is also known as plea agreement,
plea deal, coping a plea or plea in litigation.
• Dictionary meaning:- plea bargaining is an
agreement between prosecutor and accused
whereby accused pleads guilty to a lesser charge
in exchange for a more lenient sentence or an
agreement to drop other charges.
• Plea bargaining is no where defined in Cr.P.C.
• According to Cr.P.C., plea bargaining is working out
a mutually satisfactory solution or disposition of
a criminal case which may include a provision for
compensation to the victim of crime
• The judge never participates in the plea bargain
discussions.
• Plea bargain can help an accused dispose off the
case more quickly to avoid time and expenses
involved in defending the trial.
• Primary justification of PB is that courts are
overcrowded. If you do not allow PB, courts
would be overburdened and forced to shut down.
PP are also overburdened. Less workload with PP
means that they can more effectively prosecute
the most serious cases.
• PB helps free up the busy schedule of courts and
PP
• Plea bargaining can not be done if the offence is
punishable with death, L.I. or for an imprisonment
for a term exceeding 7 years. (265-A(1)
• Plea bargaining can not be done if the offence affect
the socio-economic condition of the society.
(265-A(1)
• Plea bargaining can not be done if offence is
committed against a woman or against a child below
14 years of age. (265-A(1)
Plea bargaining can not be done in cases of repeat
offences. (previous conviction) (265-A(1)
Plea bargaining can not be done by juveniles or child
as defined in S. 2 (k) of Juvenile Justice (care and
protection) Act, 2000 (See section 265-L)
• Plea bargaining can be done in police challani
cases as well as cases instituted on complaint
before the Magistrate. (265-A(1)

Steps for plea bargaining

• 1. Filing of application for PB by the accused:-to
be filed in the court where case is pending, along
with brief description of the case. (265-B)
• 2. Application to be accompanied by an affidavit
of accused stating that he has filed the application
voluntarily, and that he has not been previously
convicted of same offence. (265-B)
• 3. Notice to all :- Court will issue notices to PP,
Complainant, and accused for their appearance
for the date fixed. (265-B)
• 4. Examination of accused in camera:- Accused
shall be examined by the court in the absence of
PP or complainant in order to satisfy that
application is made voluntarily. (265-B(4)
• 5. Rejection of application for PB:- If the court
finds that application for PB was made
involuntarily or if accused is found to be
previously convicted for the same offence, case
will proceed in accordance with Cr.P.C. (regular
trial will take place). Application for PB will be
rejected. (265-B)
• 6. Time for mutual satisfactory disposition:-
• If the Court is satisfied that the accused has filed the
application voluntarily, time shall be granted to
PP/complainant and accused to work out a mutually
satisfactory disposition of the case which may
include payment of compensation and other
expenses of the case to the victim of crime.
• 7. Guidelines for mutually satisfactory disposition:-
• 7 (a)—Notice to be issued to PP, investigation officer,
victim and accused for participating in the meeting
for working out a mutually satisfactory disposition of
the case. (in police challan cases where charge sheet
is filed u/s 173 Cr.P.C.) (265-B)
• 7 (b) Notice to be issued to the to the victim and accused
(in a case instituted on complaint) for participating in the
meeting for working out a mutually satisfactory
disposition of the case. (265-C)
• 7 (c) Duty of the court to ensure that entire proceedings
are completed voluntarily by the parties. (265-B)
• 7(d) Victims and accused can appear through their
counsels in the meeting. (265- C)
• 8. Submission of report of mutually satisfactory
disposition to the court:- on submission of disposition
report, court shall prepare a report of such disposition,
which shall be signed by the P.O. of the court, and all
those who participated in meeting.(265-D)
• 9. Reverting back to normal trial:- If no such
mutually satisfactory disposition is worked out, court
will record such observation and will proceed with
trial in accordance with Cr.P.C.
• 10. Disposal of the case :- If mutually satisfactory
disposition is worked out, court will decide the case
in the following manner:- (265-E)
• 10 (a) court shall award compensation to the victim
as agreed between the parties.
• 10 (b) court shall hear the parties on quantum of
punishment—release of accused on probation of
good conduct/admonition u/s 360 Cr.P.C. or
• 10 (c) If accused is not released on probation or after
admonition, and a minimum punishment is provided for
the offence, court may punish the accused with half of
such minimum punishment. Or
• 10 (d) If no minimum punishment is prescribed for the
offence, court may sentence the accused to one fourth of
the maximum fixed punishment for the offence.
• 11. Judgment in accordance with mutually satisfactory
disposition—To be signed by the P.O. and to be delivered
in open court.(265-F)
• 12. No appeal :- judgment delivered by the court is final,
and no appeal shall lie from it. (except SLP u/a 136 and
writ u/a 226,227, COI) (265-G)
• 13. Setting off period of detention already undergone by
the accused in jail u/s 428 Cr.P.C. (265-I)
• 14. overriding effect of this chapter :- The provisions
of the chapter XXI-A shall have effect notwithstanding
anything inconsistent in Cr.P.C. The provisions of
Cr.P.C. shall not constrain the provisions of plea
bargaining.(265-J)
• 15.Safety of accused– Use of statement of accused :-
Notwithstanding any thing contained in any other law
for the time being in force, the statement or facts
stated by an accused in the application for PB, shall not
be used for any other purpose except for P.B.(265-K)
• 16. Admission or confession of accused not necessary.
Plea bargaining may be done with or without
confession of guilt.
• 17. No acquittal after PB succeeds. It will result in
conviction only.
Analysis of 4 sentences on Lalu Prasad Yadav(24-3-18)
• A) Judgment dated 3-10-13 (scam Rs.36 cr.)
• 5 years under IPC & 5 years under PC Act (running
concurrently)
• B) Judgment dated 6-1-18(scam Rs. 89 cr.)
• 3.5 years under IPC and 3.5 years under PC Act
• (running concurrently)
• C)Judgment dated 24-1-18 (scam Rs. 38 cr.)
• 5 years under IPC & 5 years under PC Act (running
concurrently)
• D) Judgment dated 24-3-18 (scam Rs. 3.8 cr.)
• 7 years under IPC & 7 years under PC Act (running
consecutively) See section 75 IPC for enhanced punishment.
A) 5 +5 = 5 Concurrently Will expire on 2-10-18
w.e.f.3-10-13 u/s 31 Cr.P.C.
B) w.e.f.6-1-18 3.5 + 3.5 = 3.5 Concurrently Will expire on 5-7-21
u/s 31 Cr.P.C
C) w.e.f 24-1-18 5 + 5 = 5 Concurrently Will expire on 23-1-23
u/s 31 Cr.P.C
D)w.e.f.24-3-18 7+7 = 14 Consecutively Will expire on 23-3-32
Fine Rs.30+30= u/s 31 Cr.P.C.
60 Lakhs/ 1+1
year+
Confiscation of
property
acquired by
offence
Gross total 10+7+10+14 Net total= 5+3.5+5+14
=41 years(43) =27.5 years
• Note:- Period spent/under gone in jail during IIT will be
deducted from each sentence u/s 428 Cr.P.C.
• Period of parole will not be counted as spent in jail,
because parole is a temporary release under Jail
Mannual. Date of release will be postponed by the period
of parole, spent in AIIMS, Delhi for treatment.
• Name of the court special CBI, Court, Ranchi?
• Out of 48 accused, 13 died during trial, thus case against
them abated.(no finding of acquittal or conviction)
• One accused convicted after confession.
• 3 accused turned approver u/s 306, 307 Cr.P.C
(acquitted?)
• 12 accused acquitted.
• Sentence in lieu/default of fine may be in addition to
substantive sentence u/s 30 (2) Cr.P.C (shall ? u/s 64 IPC)
• Total of consecutive sentences can not exceed 14
years in one case u/s 31 (2) proviso (a) Cr.P.C and
• Total punishment shall not exceed double the
maximum power of the court in a case u/s 31(2)
proviso (b) Cr.P.C.
• Sentence of 4 different cases shall be consecutive,
unless the court directs that subsequent sentence
shall run concurrently with previous sentence. (See
section 427 Cr.P.C.)
• Calculate the date of release of Lalu Prasad Yadav?
• Where appeal against fourth conviction will lie?
• Life term + Life term = life (will run concurrently) 427
(2) Cr.P.C.
• Concurrent sentence means when a criminal is
convicted of two or more crimes, a judge sentences
the accused to a certain period of time for each
offence. Such sentences are to be served at a time,
with the longest period controlling, are known as
concurrent sentences. All concurrent sentences
share the same clock.
• Consecutive sentence means that an accused will
have to finish serving the sentence for one offence
before he starts serving sentence for any other
offence.
• Sentence in case A will be served out first, then
sentence of case B will start. Thereafter sentence of
case C and D will be served one by one.
Submission of death sentence for confirmation to the
High Court by District and sessions judge u/s 366 Cr.P.C.

• According to hierarchy of courts and their powers, the

court of District and Sessions Judge has power to pass
any sentence authorised by law but death sentence
awarded by him is not final unless the same is confirmed
by the High Court (366)
• Thus, when a court of session passes a sentence of
death, the file is automatically sent to High Court, and
death sentence shall not be executed (Hanged by neck till
he is dead) unless the same is confirmed by the High
Court. (see form No 40 in schedule II, Cr.P.C.)
• Meanwhile the convicted person shall be sent to jail
 • Warrant of commitment under sentence of death
(section 366 Cr.P.C)
To the Officer in charge of the Jail at Noida (G.B.Nagar) UP
WHEREAS, at the Session held before me on the 14th day of
January, 2018, Sh. Ram Lal s/o Shyam Lal prisoner in case No 248
of the Calendar for 2009 at the said Session, was duly convicted
of the offence of culpable homicide amounting to murder under
section 302 of the Indian Penal Code, and sentenced to death.
subject to the confirmation of the said sentence by the High
Court of judicature at Allahabad ;

This is to authorise and require you to receive the said Ram

Lal s/o Shyam Lal into your custody in the said Jail, together with
this warrant, and keep him there safely to keep until you shall
receive the further warrant of order of this Court, carrying into
effect the order of the said Court.
Dated, this 14 th day of January, 2018
• (Signature)
• District & Sessions Judge
Gautam Budha Nagar (UP)
(Seal of the Court)
 Transfer of criminal cases
• 1. power of CJM to transfer cases from one
court of Magistrate to another within same
district (S. 410 Cr.P.C.)
• 2. Power of District & Sessions Judge to
transfer cases from one court to another,
within same district (S. 408, 409 Cr.P.C.)
• 3. power of High Court to transfer cases from
one district to another district/ or within same
district. (S. 407 Cr.P.C.)
• Power of Supreme Court to transfer criminal cases
from one court to another in the same district or from
one district to another or from one state to another.
(S. 406 Cr.P.C.)
• On 7th May, 2018, Supreme Court transferred Kathua
rape trial out side J & K to Pathankot in Punjab.
• Ground: Kathua District Bar Association members had
attempted to prevent Police from filing charge sheet in
this case. Trial shifted where witnesses could be
protected from influence or intimidation to turn
hostile. Fair trial may be held. Pathankot is near to
Kathua.
• Trial to be conducted in accordance with lex loci, i.e.,
law of the place (Ranbir Penal Code)
• In Pathankot, lex loci is IPC and not Ranbir Penal
Code. Law of place, where offence was committed
is to applied. Lex fori, law of forum, i.e., law of
Pathankot (punjab) will not apply.
• Lex loci (is a latin word) means the law of the
place/ law of the state/ law of nation/law of
locality/law of the site/law of the zone/law of
location where the act was done/ where the
matter in litigation transpired.
• Lex fori (is a latin word) means law of forum or
court/law of the forum or court. Positive law of
the state, nation, or jurisdiction where a law is
instituted or transferred or remedy sought.