COGNIZANCE(190-199)

SECTION 190-194 } TALK ABOUT GENERAL CONDITIONS FOR COGNIZANCE

SECTION 195-199} TALK ABOUT CERTAIN SPECIAL SITUATIONS REGARDING

COGNIZANCE WHERE JUDICIARY HAS TO FOLLOW A FEW CONDITIONS BEFORE
TAKING COGNIZANCE

DEFINITION:

What is taking cognizance has not been defined in the Code.

#AJIT KUMAR VS STATE OF WB

The word “cognizance” has no esoteric or mystic significance in criminal law or

procedure. It merely means “become aware of” and when used with reference to a
court or judge, “to take notice judicially.

#TULA RAM V KISHORE SINGH (CLASS):

1. Cognizance occurs when a Magistrate starts thinking about a potential crime, even
without taking formal action. It happens when the Magistrate begins considering
what to do next regarding the suspected offense.

2."When a Magistrate takes official action, such as ordering an investigation or

issuing a search warrant after becoming aware of a possible crime, that action is
considered taking cognizance. However, if the Magistrate merely thinks about a
possible crime without initiating any official proceedings, it is not considered taking
cognizance."

For example in the case of #TULSI RAM VS KISHORE SINGH(Class) -The courts
only took physical documents in the case of a private complaint but did not apply
judicial mind hence mere physical possession of the complaint was not considered
taking cognizance
 WHO AND WHEN

SECTION 190 Cognizance of offences by Magistrates.—

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any
Magistrate of the second class specially empowered in this behalf under sub-section
(2), may take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
#R.R CHARI V. STATE OF UTTAR PRADESH (1951 AIR SC 0 207, SUPREME COURT OF
INDIA, 1951): -

This case discusses the meaning of "taking cognizance" under Section 190(1)(a) of
the CrPC. It states that a Magistrate must apply his mind to the contents of the petition
for the purpose of proceeding under subsequent provisions of the CrPC, such as
Section 200 and Section 202, in order to be said to have taken cognizance of the
offense

(b) upon a police report of such facts;

 #P.KUSHUMUHAMMED V KERALA
If at the commencement of the investigation, it is apparent that the case
involved only the commission of a non-cognizable offence, the report
followed by the investigation cannot be treated as a complaint under Section
z(d) or Section 190(1 ){a) of the Code.3
#GOPAL DAS SINDHI AND OTHERS V. STATE OF ASSAM AND ANOTHER (1961 AIR
SC 986, SUPREME COURT OF INDIA, 1961): -

This case clarifies that a Magistrate is not bound to take cognizance of an offense
merely because a complaint has been filed. The Magistrate may exercise
discretion and send the complaint for investigation under Section 156(3) of the
CrPC if the offense is cognizable.

(c) upon information received from any person other than a police officer, or upon
his own knowledge, that such offence has been committed.
#DHRUP SINGH V STATE OF BIHAR
Even if the investigating agency is of the view that no case has been made against the
accused, the magistrate can take cognizance.
Section 191:Transfer on application of the accused.—
When a Magistrate takes cognizance of an offence under clause © of sub-section (1)
of section 190, the accused shall, before any evidence is taken, be informed that he is
entitled to have the case inquired into or tried by another Magistrate, and if the
accused or any of the accused, if there be more than one, objects to further
proceedings before the Magistrate taking cognizance, the case shall be transferred to
such other Magistrate as may be specified by the Chief Judicial Magistrate in this
behalf
In case of section 190(c)it is a rule to follow section 191 and inform the accused
that he has the right to be tried by a different judge
#DULICHAND V STATE:
Failure to tell the accused the right to be tried by another magistrate vitiates
the trial and this illegality cannot be cured under s.465 (talks about reversing
of orders due to errors )

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class
to take cognizance under sub-section (1) of such offences as are within his
competence to inquire into or try.
 TRANSFER OF CASE( MAKING OVER)

Any competent Magistrate

subordinate to him

Section192. Making over of cases to Magistrates.—

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make
over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial
Magistrate may, after taking cognizance of an offence, make over the case for inquiry
or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by
general or special order, specify, and thereupon such Magistrate may hold the inquiry
or trial.

READ WITH

Section 410. Withdrawal of cases by Judicial Magistrate.—

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he
has made over to, any Magistrate subordinate to him, and may inquire into or try such
case himself, or refer it for inquiry or trial to any other such Magistrate competent to
inquire into or try the same.
SECTION 194. ADDITIONAL AND ASSISTANT SESSIONS JUDGES TO TRY CASES
MADE OVER TO THEM.—

As Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the
Sessions Judge of the division may, by general or special order, make over to him for
trial or as the High Court may, by special order, direct him to try

Read with

Section 409. Withdrawal of cases and appeals by Session Judge.—

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal
which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate
subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced
before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal
which he has made over to any Additional Sessions Judge.

(2) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-
section (2), he may either try the case in his own Court or hear the appeal himself, or
make it over in accordance with the provisions of this Code to another Court for trial or
hearing, as the case may be.
 WHEN CAN SESSIONS COURT TAKE COGNIZANCE

SECTION 193. COGNIZANCE OF OFFENCES BY COURTS OF SESSION.—

Except as otherwise expressly provided by this Code or by any other law for the time
being in force, no Court of Session shall take cognisance of any offence as a Court of
original jurisdiction unless the case has been committed to it by a Magistrate under
this Code.

Basically, either when committed by JM 1st class or in certain cases where it is

permitted by law to directly take cognizance such as in case of defamation of
president Isection 199(2) CRPC.
 EXCEPTIONAL CLAUSES(NOT THAT IMP JUST LOOK AT TABLE)
SECTION 195(read bare act se once)- toooooooooooooooo long sooooo.
Section Offense or Provision Who Can File a Complaint When Can Complaint Be Filed Conditions for Withdrawal
195 Offenses against public Public servant concerned When such offenses Withdrawal not allowed
justice or another occur, e.g., false if trial in the Court of first
administratively evidence, fabricated instance has concluded
subordinate public documents, etc., in legal
servant proceedings or related
to the functioning of a
public servant
195(1) Subsection (1)(a)(i) - IPC Public servant concerned When someone commits Withdrawal not allowed
(a) (i) Sections 172-188 or another offenses under IPC if trial in the Court of first
administratively Sections 172-188, e.g., instance has concluded
subordinate public disobedience to an order
servant or obstruction of public
servant
195(1) Subsection (1)(a)(ii) - Public servant concerned When someone aids, Withdrawal not allowed
(a) (ii) Abetment and Attempt or another abets, or attempts to if trial in the Court of first
administratively commit the offenses instance has concluded
subordinate public mentioned in Subsection
servant (1)(a)(i)
195(1) Subsection (1)(a)(iii) - Public servant concerned When there's a Withdrawal not allowed
(a) (iii) Criminal Conspiracy or another conspiracy to commit if trial in the Court of first
administratively the offenses specified in instance has concluded
subordinate public Subsection (1)(a)(i) or
servant (1)(a)(ii)
195(1) Subsection (1)(b)(i) - IPC The Court or an When someone commits Withdrawal not allowed
(b) (i) Sections 193-196 False authorized Court officer offenses under IPC if trial in the Court of first
evidence Sections 193-196 within instance has concluded
or related to a legal
proceeding
195(1) Subsection (1)(b)(ii) - The Court or an When someone commits Withdrawal not allowed
(b) (ii) Forgery Offenses authorized Court officer forgery offenses under if trial in the Court of first
IPC Sections 463, 471, instance has concluded
475, or 476 related to a
document produced in a
legal proceeding
195(1) Subsection (1)(b)(iii) - The Court or an When there's a Withdrawal not allowed
(b) (iii) Criminal Conspiracy authorized Court officer conspiracy to commit if trial in the Court of first
the offenses specified in instance has concluded
Subsection (1)(b)(i) or
(1)(b)(ii)
195A Procedure for witnesses Any witness or person When someone
in case of threats, etc. threatens, intimidates, or
obstructs a witness in
relation to an offense
under Section 195A of
the IPC
195(3)-

In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal
Court, and includes a tribunal constituted by or under a Central, Provincial or State
Act if declared by that Act to be a Court for the purposes of this section

195(4)- YOU CAN READ BUT SHANTY DIDN’T TEACH AND NOT IMP

195(A). Procedure for witnesses in case of threatening, etc.—

A witness or any other person may file a complaint in relation to an offence under
section 195A of the Indian Penal Code (45 of 1860).]

#SUSHIL KUMAR V. STATE OF HARYANA (1988):

In the case of Sushil Kumar v. State of Haryana, the central legal question revolved
around the interpretation of Section 195(1)(b)(ii) of the Code of Criminal Procedure
(CrPC).

This specific section of the CrPC deals with offenses related to documents presented
or offered as evidence in court proceedings.

The key issue addressed was whether Section 195(1)(b)(ii) applied when the
allegedly forged document was not actually produced in the court.

The court's decision was clear in its interpretation, stating that the provisions of
Section 195(1)(b)(ii) did not apply when the forged document was not submitted as
evidence in the court. This interpretation highlighted that Section 195 of the CrPC is
not a broad restriction on prosecuting such offenses but applies specifically when
offenses are directly connected to documents used as evidence in court proceedings.

#JAYANT ETC. V. STATE OF MADHYA PRADESH (Supreme Court Of India, 2020): -

This case clarifies that the power of the police to investigate a cognizable offense is not
affected by Sections 195 of the CrPC. These sections come into play when the court
intends to take cognizance of an offense, but they do not control or circumscribe the
power of the police to investigate.
 SECTION 196- GO THROUGH THE BARE ACT ONCE AND READ THE TABLE

Section No Cognizance UNLESS

196 Prosecution for offences Previous sanction of Central

against the State and for or State Govt.
criminal conspiracy to
commit such offence

- a : Offences under Chapter

VI or under Section 153A,
Section 295A, or sub-section
(1) of Section 505 of IPC
196(1) Sanction of Central or State
- b : Criminal conspiracy to Govt
commit such offence

- c : Abetment as described in
Section 108A of IPC

- a : Offenses under Section

196 (1A) 153B or sub-section (2) or
sub-section (3) of Section 505 Sanction of Central, State
of IPC Govt., or District Magistrate

- b : Criminal conspiracy to
commit such offence

196(2) No cognizance of the offence State Govt. or District

of any criminal conspiracy Magistrate's written consent
punishable under Section required, except when
120B of IPC Section 195 applies
 SECTION 197-PROSECUTION OF JUDGES AND PUBLIC SERVANTS.—
It is for protection against false or vexatious mala fide prosecutions to ensure effective
functioning
#AMAL KUMAR JHA V STATE OF CHATTISGARH:

A sure and safe test would be to consider if the neglect on part of the public servant
to commit the act complained of, could have made him answerable for a charge of
dereliction of his duty.(basically whether there is remoteness/causation)

• Santhy: As long as the public servant is acting in the colour of his office, he cannot
be prosecuted
 SECTION 198- ITS FOR OFFENCES AAINST MARRIAGE
SECTION WHO CAN FILE COMPAINT SPECIAL CONDITIONS

Special Provisions for Certain Cases

If the aggrieved person is: - - In these cases, someone else can file
a complaint on their behalf, with the
Under 18 years old permission of the court.

,An idiot or lunatic,

Unable to make a complaint due to

illness or disability

A woman who, according to local

customs, should not be compelled to
appear in public

If the aggrieved person is the husband - Another person authorized by the

and: husband (with a written statement) can
file a complaint on his behalf.
- He is serving in the Armed Forces of
the Union The statement must be countersigned
by the Commanding Officer.
- His Commanding Officer certifies that
he can't get leave to file a complaint in
person

- Complaint can be made on her behalf

by her
- If the aggrieved person is the wife and
the offense is under section 494 or Father, Mother ,Brother ,Sister, Son,
Daughter,
section 495 of the Indian Penal Code
(IPC)
Father's or mother's brother or sister

Or, with the court's permission, any

other person related to her by blood,
marriage, or adoption

Section 198A Person aggrieved by the offense or - Complaint can be filed by

specified relatives
The person directly affected by an
offense under section 498A of the IPC
(cruelty to a married woman)

Specified relatives including father,

mother, brother, sister, father's or
mother's brother or sister, or others
related by blood, marriage, or adoption

Wife against husband

Section 198B No court can take cognizance of an offense under

section 376B of the IPC (marital rape) unless the
wife files a complaint against the husband.

Prima facie satisfaction of the facts constituting

the offense is required before a complaint can be
filed.
 SCTIION 199 – PROSECUTION FOR DEFAMATION

Who Can File a Complaint?

This section states that a court can only consider a defamation case under Chapter
XXI of the IPC when a complaint is made by a person who has been harmed or
'aggrieved' by the defamation.

If the aggrieved person is under 18, incapacitated, unwell, or a woman not

accustomed to appearing in public, someone else can file the complaint on their
behalf with the court's permission.

The complaint filed, whether by the aggrieved person or the Public Prosecutor, must
include specific information.It should outline the facts of the alleged defamation,
describe the nature of the offense, and provide enough details to notify the accused
about the accusations.

Special Cases of Defamation:

In some special cases, even without a complaint, a Court of Session can take up a
defamation case under Chapter XXI of IPC.These special cases include defamation
against high-ranking officials like the President, Vice-President, Governors,
Ministers, or other public servants in the course of their official duties.

However, this can only happen if the Public Prosecutor files a written complaint.

The Public Prosecutor can file a complaint in special defamation cases only after
obtaining prior approval:

If the accused is or was the Governor of a State or a Minister, the sanction must come
from the State Government.

If the accused is any other public servant related to State affairs, the State
Government's sanction is required.

For all other cases, the Central Government must grant the sanction
Time Limit for Filing Complaint:

If a defamation case falls under the special category (Section 2), the complaint must
be filed within six months from the date the defamation allegedly occurred.

This time limit is crucial, and if the complaint is not filed within this period, the court
cannot take cognizance of the case.

After this BARE ACT Side Mai rakhna

 COMPLAINT TO MAGISTRATE
Before we begin with the process of the magistrate beginning the process look at
the diagram

COMPLAINT AAYA

ORDER INVESTIGATION EXAMINE

UNDER 156(3) UNDER 200

YE COGNIZANCE NI HAI

ORDER INQUIRY
EVEN AFTER INQUIRY IF
DISMISS COMPLAINT HE FEELS NO GROUNDS UNDER 202
UNDER 203

ISSUE OF PROCESS
SECTION 204
Definition of Complaint : Section 2(d)
(d) " complaint" means any allegation made orally or in writing to a Magistrate, with a
view to his taking action under this Code, that some person, whether known or unknown,
has committed an offence, but does not include a police report.

Explanation.- 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 the
complainant;

Can only make a complaint to magistrate

Secion 200 -Examination of complainant.

Basically

Magistrate shall(compulsorily) taking cognisance will examine the witness and complainant
unless a public servant makes a complaint or if the magistrate realises ki this case is not my bas
ki and magistrate makes over the case under 192.

Section 200-A Magistrate taking cognizance of an offence on complaint shall examine

MADHAO V. STATE OF MAHARASHTRA (2013), -

It is not the Magistrate’s main obligation to take prompt notice of a complaint submitted
under Section 200 only because it is a ‘private complaint’. The Magistrates have the
authority to decide whether or not to take cognizance. As Section 200 is a pre-
cognizance stage, the Magistrate has the discretion to order an investigation by the
Magistrate himself or the police. The Magistrate shall take cognizance based on merits
and facts following such inquiry or investigation.

In this circumstance, the Magistrate is authorised to seek an alternative remedy or line

of action before taking cognizance. Investigation under Section 156(3) should be
conducive to justice and shall also spare the court’s time from asking into an issue that
the police officers should have primarily probed.

#Chimanlal v Datar Singh

It was said that the dismissal of a complaint is not proper if the Magistrate has failed to
examine material witness under Section 202. The Magistrate can dismiss the complaint
or can refuse the issue of the process when:

1. The Magistrate finds out no offence has been committed after the complaint is reduced
to writing according to Section 200;
 2. If the Magistrate distrusts the statements made by the complainant;
3. If the Magistrate feels that there is a need to conduct further investigation, then he can
delay the issue of process.

#ANAM CHARAN BEHERA V. STATE (2001),

The court explained that this section doesn't have strict rules but gives magistrates the choice to
make decisions. Magistrates should use their judgment while considering things like the accused
person's situation and possible inconvenience

GO READ SECTION 253

• Connected to 260, 261 in these magistrate takes cognisance by summary trial(260-265), in these
cases, the person can appear on either his own or through his pleader.
• If the accused is found guilty and doesn’t come under section 253 he can submit the fine by post ,
messenger or his pleader
• NO APPEAL IN SUCH CASES (SECTION 376 CRPC)
 SUPPPLY OF DOCUMENTS

207 208
Proceeding on police report Proceeding other than PR

When a fir is filed, Other than in case of police report -

and the chargesheet COMPLAINT CASE
is produced before
The magistrate issuing process under 204 is
the magistrate of the opinion that the case is triable by the
court of session.

209
In 208 when the magistrate
commits , 209 says that it
is his duty to provide the
parties the copy of
documents and not the
court of sessions where the
case has been committed to

#VINIYOGA INTERNATIONAL NEW DELHI V. STATE,

It was held that the accused is entitled to get copies of statements that are recorded under
Section 161 and of the documents sought to be relied on by the prosecution. It was also
said that it is mandatory to provide copies of challan to the accused. This section does
not deal with how to handle the situation when some of the witnesses are not examined,
but only provides furnishing of statements of the persons examined.
 Section 210 in The Code Of Criminal Procedure, 1973

WHAT IF BOTH POLCE INVESTIGATION AND COMPLAINT ON SAME CASE

COMPLAINT CASE
+
Investigation for case
on police report

Stop proceeding with Complaint case

and call for reports of police.

If they find that the accused is the same If they find that the after
then he will club these and try them chargesheet is filed and the
Mag. Finds these are not same
together as if it was a case on police report then he will

Separately take cognizance Proceed with the complaint

of the police report previously stopped
 CHARGE
Definition of charge section 2(b)- charge includes any head of charge when the charge
contains more heads than one

Section 211 Section 212 Section 213

Content of charge Particulars of charge Manner of committing

• State offence
• Specific name
• Law and section
• Mention legal conditions for
an offence have been satisfied.
• Written in language of court.
• In case of previous conviction
the person is entitled to
enhanced punishment then
mention date and place of
previous conviction.
• If law does not specify name
of offence then define the
entire law and offence.
• Mention the time and place
where offense was
committed
• In case of breach of trust or
criminal misappropriation,
mention the date when it
began and in case of
misappropriation mention
the item or gross sum in
case of movable property.
Section 214
offence
When the case is such that
the entire puran
mentioned in sections 211
and 212 do not give the
accused sufficient notice
of the matter with which
he is charged, the then
he’ll be again explained
the manner in which he
committed the offence
in the charge

Sense of law ; attached to offence

While framing charges, the sense in which

you’re using the words in charge has to be
the same sense as intended in law for e.g.
you cannot write murder ko homicide while
framing cahrge
#BHANWARILAL JHUNJHUNWALA V. UNION OF INDIA (218),

The central issue revolved around the framing of charges for multiple instances of
cheating involving a contract for the supply of wood boards to Indian Railways at three
different locations. The contract was subject to inspection by public servants. However,
it was discovered that the wood supplied was of substandard quality in all three
locations, and fraudulent inspection certificates were issued by the implicated public
servants who had conspired with the firm.

The appellants argued that distinct charges should be filed for each offense at the
different locations, asserting that the charges were improperly framed.

The court held that a single charge for the offense of cheating in the context of a
conspiracy did not violate the provisions of Section 233 of the Code of Criminal
Procedure.

The crux of the matter pertained to what constitutes a "distinct offense." In this context,
"distinct" implies "not identical" and underscores the characteristics that set them apart.

It emphasizes the idea that the two offenses are different. Two offenses are considered
distinct if they lack any significant interrelation. Whether separate charges are required
for these offenses depends on the specific circumstances in which the offenses were
committed. If there is some interrelation between them, distinctness may not be present,
and whether separate charges are necessary would be determined based on the
circumstances of the case

211

#KAHAN SINGH V. STATE OF HARYANA AIR 1971 SC 983

The object of the charge is to give an accused notice of the matter he is charged with -
if the necessary information has been conveyed to him and no prejudice is caused to
him because of the changes - the accused cannot succeed by merely showing that the
charges were defective

#COURT IN ITS MOTION V SHANKROO (1982),

The court held that mere mentioning of the Section under which the accused is charged,
without mentioning the substance of the charge amounts to a serious breach of procedure.

#DAL CHAND V STATE (1981),

The court held that defect in charge vitiates the conviction.

212-
#Ranchhod Lal v. State of Madhya Pradesh (1964)

The courts held that failure to mention the particulars precisely due to the nature of the
information may not invalidate the proceedings.

#PRAFULKUMAR VS STATE OF HARYANA-

Union of India v. Prafulla Kumar Samali wherein it was laid down that the Trial Court at the
stage of framing of charges was obliged to sift through the evidence only to the extent
necessary to determine if a prima facie charge was constituted by the evidence, and it was
competent to discharge an accused if the evidence disclosed ‘some suspicion’, not ‘grave
suspicion’.

#BALBIR SINGH VS STATE OF HARYANA-

The Supreme Court of India, in its judgment in the case of Balbir vs. State of Haryana and
Anr. on October 26, 1999, discussed the issue of charges in the context of two different trials
for the murder of one person with two divergent versions of the incident. The case involved
two different sets of charges brought against two different accused individuals.

In the first trial (Sessions Case No. 7 of 1985), one individual, Guria, was charged with the
murder of Om Prakash based on the police's initial investigation and the evidence they
gathered.

In the second trial (Sessions Case No. 54 of 1985), the appellant Balbir and his brother
Rajinder were charged with the murder of Om Prakash based on a private complaint filed by
the victim's nephew and uncle.

The court discussed the issue of whether the two sessions cases should have been
consolidated for a joint trial or tried separately. The appellant's counsel argued that the cases
should have been consolidated for a joint trial.

The court, in its judgment, emphasized that the charges could not be brought together under
Section 223 of the Code of Criminal Procedure (CrPC) because the two versions of the
incident were diametrically divergent. Section 223 allows for the consolidation of charges if
they relate to the same offense or different offenses committed "in the course of the same
transaction." The court concluded that the two versions of the incident were so contradictory
that trying them together would lead to confusion and not allow for a fair trial.
The court cited the decision in the case of #HARJINDER SINGH V. STATE OF PUNJAB AND ORS.
(1985), stated that –

The clubbing and consolidation of two cases (one based on a police report and the other on a
private complaint) is impermissible when the prosecution versions in the two cases are
materially different and contradictory. In such cases, the court recommended that the
evidence should be recorded separately in both cases, and the judgments should be
pronounced separately to avoid confusion
 BUT WHAT WHEN JUSTICE SIR SE GALTI HOAJE
EFFECT OF ERROR
Even if there is an error in
framing charges unless the
error/omission is so grave
that the accused is misled
and there is failure of
justice, the trial is not
vitiated
Section 215
Section 216
The court at any time before the
pronouncement of judgment can add/ alter the
charges however the magistrate has to read
and explain the newly added or altered
charges to the accused.
Now once these new charges have been
framed by the courts if they believe they
would not prejudice the accused, then they
can begin the trial and it will be assumed that
these were the original charges but if it does
the court may start a new trial or adjourn for
some time.
Also if you need permission to try under these
new offences the case won’t start unless you
obtain the sanctions
 #KAHAN SINGH V. STATE OF HARYANA,-

The case involved four individuals who were charged with the murder of two people.
The prosecution pressed charges against three of the accused, while a separate charge
was filed against the fourth individual by a magistrate. Notably, the magistrate
formulated two separate charges, one based on the prosecution's case involving three
accused and another based on a complaint from the victims' family regarding the
fourth accused.

The Supreme Court ruled that the acquittal of the first person did not undermine the
conviction of the other three individuals. The primary purpose of charging an accused
is to provide them with notice of the allegations they are facing. If the necessary
information is conveyed to the accused, and they do not suffer prejudice due to the
charges being distinct, the accused cannot succeed by merely demonstrating that the
charges were defective. The focus is on ensuring that the accused are adequately
informed and not unduly prejudiced by the framing of charges.

#PREMA RAO V. YADLA SRINIVASA RAO,

The central question at hand was whether it is mandatory to specify the section of the
law in the charge. In this particular case, the charge under Section 306 of the Indian
Penal Code (IPC) was not explicitly framed. However, all the essential elements that
constitute the offense were outlined in the statement of charges.

The court's ruling made it clear that the mere omission or defect in framing the charge
does not prevent the criminal court from convicting the accused for an offense that
has been substantiated by the evidence on record. Section 221 of the Code of Criminal
Procedure (CrPC) allows for the possibility of convicting an accused of an offense
for which they were not formally charged if the facts and evidence presented in the
case support such a charge. This flexibility in the law, as demonstrated in Section 221
and further elucidated in Section 215, underscores that the focus is on the substance
of the offense and not solely on the technicalities of charge framing.

#BHAGABAT DAS V. THE STATE OF ORISSA (1989):

In this case, the court held that the insignificant irregularities in stating the particulars
of the offence in the charge will not affect the trial or its outcome

216-HARANBAI VALLABHAI KHURESHI VS STATE OF GUJRAT-

Basically, the courts just reiterated the contents of section 216 and added that if it is
not likely to be prejudicial to the prosecution the trial must proceed immediately.
#PUROSHOTTAM DALMID VS STATE OF WEST BENGAL

A court trying an accused for an offence of conspiracy is competent to try all offences
in pursuance of conspiracy irrespective of the facts that any or all other offences were
in it s jurisdiction.

#HARANBAI VALLABHAI KURESHI VS STATE OF GUJRAT

SC passed guidelines with regards to alteration of charges –

• Section 216 of the CRPC empowers any code to alter or to add to any charge at any
stage prior to the pronouncement of judgment(Whenever it comes to the notice.)
• Such alteration or addition must be disclosed to the accused.The trial must proceed if
the accused or prosecutor is not likely to be prejudiced.
• If the new charge is such that either the accused or the prosecution are likely to be
prejudiced, trial proceeds with immediate effect.The court can adjourn or order for
dinner, hotel.
 JOINDER OF CHARGES(JOINDER CAN BE FOR BOTH CRIMES AND CRIMINALS.)

JOINDER OF CHARGES

SECTION 219 SECTION 220 SECTION 221

3 offences of the Trial of more than one offence if When it is not sure which offence is
same kind within a - committed you can-
year(12m) to be
The offences are part of the 1) Frame all charges that you can
charged together.
same transaction. For e.g., when 2) Or any out of all those
(same kind meaning I kill, I also hurt
those offences with If the judge was dumb and koibhi charge
The crime falls under the prove ni hua then whatever is proved by
same kind of
definition in 2 different laws the evidence admitted that person will be
punishment)
then again tried together, for charged under that
example, bigamy Hindu law and
Cr. P.C both

When all the offences you do

when combined make a new
offence

219-#MADAN MOHAN SAHU V. CENTRAL AGENCIES (2010),

Cheques were issued within twelve months. The court held that it was not necessary
to file two separate complaints against their dishonour and it is enough if a single
complaint is filed.

Section 222 is basically when a minor offence is proved which is included in a

major offence charged against you.

For e.g. Lets say you were charged with the war against Asiatic power now this is
not proved, but in proving this, it is proved that you kidnapped someone and killed
him then, you will be charged with killing even if it was not the original charge and
also with an attempt to wage war against the Asiatic power.
 JOINDER : OFFNDERS

SECTION 223
• Accused of same offence during same transaction
• Accused of different offence during same transaction (depends on common intention)
• Accused of Abetment/Attempt
• Accused of same offence thrice in twelve months
• Accused of theft robbery ……
• Accused of 411 , 414 IPC
• Accused under chapter 12 of IPC

#DINESH KUMAR V. STATE (2015)

In this case, the court held that where several persons are alleged to have committed several
separate offences, which are not wholly unconnected then there may be a joint trial unless
such joint trial is likely to cause either embarrassment or difficulty to the accused in
defending themselves.

SECTION 224

Withdrawal of remaining charges-

If you are charged with 10 offences and only 5 are proved than the courts withdraw the
rest and you’re acquitted for those 5 that could not be proved

#VIBHUBTI NARAYAN CHAUBEY V. STATE OF UP (2002)-

This case, a charge can be withdrawn under this section only after the judgment and it cannot
be deleted.
 TRIAL

We will study 3 types of trial , shanty gave a long monologue on why are trials
conducted we leave that its useless.

Types of Trial

WARRANT TRIAL

(225-250)
SUMMONS TRIAL SUMMARY TRIAL
2 YEAR+, DEATH OR LI
(251-259) (260-265)

2 YEARS MAX

Court of sessions Magistrate

(225-237) (238-250)

On police report Otherwise

 TRIAL BEFORE COURT OF SESSION.(225-237)
BEAR WITH ME AND LOOK AT THE DIAGRAM

Section 225- Trial to be conducted by Public Prosecutor

Section 226- Opening Statement by Public Prosecutor

Section 277- Discharge when no sufficient grounds Section 228- Framing of Charge

While framing if he finds

he can’t try it, then.

Transfer to CMJ or JM1st

class who try it as warrant
case on police report.
Section 229-Plea of Guilt

PLEADS GUILTY DOES NOT PLEAD GUILTY

Section 230-Date of prosecution evidence

Section 229- Record plea but

Conviction (at discretion of judge)

Section 231-Record of prosecution evidence

Section235- JUDGEMENT
Section 233-Enter defence and defence evidence.
Section 232-Acquittal

Section 234- ARGUMENT

Section 235- JUDGEMENT

#SANTA SINGH VS. STATE OF PUNJAB (1973), -

The primary issue at hand was the breach of Section 235(2) of the Code of Criminal
Procedure, 1973, and its implications on the death sentence imposed on the appellant.

The crux of the matter revolved around the Sessions Judge's failure to grant the appellant
the opportunity to make his case in relation to the appropriate sentence after the verdict
of guilt had been pronounced. Section 235(2) of the Code of Criminal Procedure, 1973,
specifically mandates that the accused should have the chance to present their side of
the story before the court finalizes the sentence upon conviction.

The case underscores the significance of upholding due process and ensuring that the
accused's voice is heard during the sentencing phase, as enshrined in the statutory
provision. Neglecting to adhere to this requirement can potentially render the sentence
null and void. In this specific instance, the appellant's death sentence was deemed
flawed due to the Sessions Judge's failure to comply with Section 235(2), underscoring
the critical role of this legal provision in guaranteeing a fair and equitable legal process.
 TRIAL OF WARRANT CASE BY MAGISTRATE(238-250)

For cases more than 2 years;- CJM-7YRS, JM 1st Class- 3YRS

ON POLICE REPORT UNDER 173(2)

238-243 (ALSO 248)

SECTION 238- COMPLIANCE OF 207

SECTION 239-DISCHARGE SECTION 240-FRAMING OF CHARGE

(GROUNDLESS CHARGE)

PLEADS GUILTY DOESN’T PLEAD GUILTY

SECTION 241- CONVICTION SECTION 242-EVIDENCE FOR PROSECUTION

SECTION 243-EVIDENCE FOR DEFENCE

SECTION 248-AQUITTAL OR CONVICTION

 OTHER THAN POLICE REPORT(COMPLAINT)

SECTION 244-RECORDING OF PROSECUTION EVIDENCE

SECTION 245- DISCHARGE SECTION 246-FRAMING OF CHARGES

PLEA OF GUILT

PLEADS GUILTY DOESN’T PLEAD GUILTY

CONVICTION SECTION 247-EVIDENCE FOR DEFENCE

JUDGEMENT SECTION 248-AQUITTAL OR CONVICTION

 WHAT IF COMPLAINANT RUNS AWAY
SECTION 249-

MAGISTRATE MAY DISCHARGE UNDER 245 IF THE COMPLAINANT RUNS AWAY

SECTION 250- COMPENSATION

1. THE MAGISTRATE CAN ORDER COMPENSATION IF FALSE ACCUSATIONS ARE MADE.

2. THE MAGISTRATE CAN CONSIDER THE COMPLAINANT'S REASONS AND DECIDE THE
COMPENSATION AMOUNT.

3. DEFAULT IN PAYMENT MAY LEAD TO IMPRISONMENT FOR UP TO 30 DAYS.

4. SPECIFIC PENAL CODE PROVISIONS APPLY DURING IMPRISONMENT.

5. THE ORDER DOESN'T EXEMPT THE ACCUSER FROM CIVIL OR CRIMINAL LIABILITY BUT MAY
AFFECT FUTURE COMPENSATION IN A RELATED CIVIL SUIT.

6. COMPLAINANTS CAN APPEAL IF ORDERED TO PAY OVER 100 RUPEES.

7. COMPENSATION PAYMENT IS DELAYED PENDING APPEAL OR FOR ONE MONTH WITHOUT

APPEAL.

8. THESE RULES APPLY TO BOTH SUMMONS-CASES AND WARRANT-CASES.

#BASAVARAJ R. PATIL AND OTHERS V. STATE OF KARNATAKA AND OTHERS

Issue: Applicability of Section 313 of the Code of Criminal Procedure (CrPC) in summons cases when the accused
is unable to be physically present in court.

In summons cases, where the accused is not required to be physically present in court, the court can, in exceptional
exigencies, allow the accused to answer the court's questions through their advocate.

- Conditions for allowing this:

1. The accused must make a formal application to the court, explaining the circumstances that prevent their physical
presence in court.

2. An affidavit detailing the difficulties should be provided, along with an assurance that no prejudice will be caused.

3. The accused must undertake not to raise any grievances about not being physically present during questioning.

4. If the court is satisfied with the accused's genuine difficulties, it can provide a questionnaire to the accused's
advocate, containing questions that would be asked under Section 313 of the CrPC.

5. The accused should answer the questionnaire, sign it, and return it to the court with a properly authenticated
affidavit.

6. Failure to return the questionnaire as required forfeits the accused's right to seek personal exemption during
questioning.
 SUMMONS TRIAL(251-259)
ONLY TRIABLE BY MAGISTRATE, MAX 2 YRS PUNISHMENT

NO FORMAL CAHRGES FRAMED

SECTION 251-SUBSTANCE TO BE STATED TO ACCUSED

PLEA OF GUILTY

PLEAD GUILTY DOES NOT PLEAD GUILTY

SECTION 253-CONVICTION SECTION 254-RECORD PROSECUTION EVIDENCE

SECTION 254-RECORD DEFENCE EVIDENCE

SECTION 255-ACQUITTAL OR CONVICTION

 WHAT IF COMPLAINANT

DIES OR DOSENT APPEAR WITHDRAWS BEFORE FINAL ORDER

SECTION 256 -MAGISTRATE MAY AQUIT ACCUSED SECTION 257 -MAGISTRATE MAY

AQUIT ACCUSED

Read with 321.

SIMILARLY WHEN THE PROSECUTION WITHDRAWS SECTION 321 IS

APPLIED WHERE IF THE WITHDRAWAL IS BEFORE THE CHARGE
THE ACCUSED WILL BE DISMISSED AND AFTER FRAMING THE
CHARGE HE WILL BE ACQUITTED
 SUMMARY TRIAL(260-265)

PROCEDURE
WHO CAN TRY
Section262-Same as summons trial

Punishment not more than 3 months

Section 260- ALLOWS Section 261- JM2nd class if HC

allows, but in case of offences
• CJM where-
• MM 1. Fines or up to 6 months'
• JMI (IF HC ALLOWS) imprisonment.

For which offences- 2. Aiding or attempting these

offenses.
(i) Minor offenses with limited punishments.

(ii) Theft under 2000 rupees.

(iii) Holding stolen property under 2000

rupees.

(iv) Aiding in hiding stolen property under

2000 rupees.

(v) Offenses in sections 454 and 456 of IPC.

(vi) Insult to provoke peace breach &

criminal intimidation.

(vii) Assisting the listed offenses.

(viii) Attempting the listed offenses.

(ix) Complaints under the Cattle-trespass

Act.
 RECORDING OF CASES

Section 263- Record the following stuff in

a format given by state government.-

• Serial no. of case

• Date of offence JUDGEMENT
• Date of complaint SECTION 264-IF THE ACCUSED DOES NOT
• Name of complainant PLEAD GUILTY

• Name and parentage of accused THE JUDGE SHALL RECORD

• Offence complained SUBSTANCE OF EVIDENCE

• Plea of accused+his examination. AND

• Findings JUDUGEMENT WITH BREIF
• Sentence, final order STATEMENT OF THE REASON FOR
FINDING
• Date of termination of proceedings

LANGUAGE OF THESE TWO

Section 265-Language of both of these should be-

”THE LANGUAGE OF THE COURTS”

NOW WHAT IS LANGUAGE OF COURTS-SECTION 272; WHATEVER STATE GOV SAYS

(THIS DOES NOT APPLY TO HC)
 WITHDRAWAL OF PROSECUTION

Section 321 – Talks about withdrawal from prosecution

It can be done-

By – Public prosecutor or assistant public prosecutor by the consent of the court

When -Before the judgement is pronounced

EFFECT OF WITHDRAWAL

DISCHARGE
The accused will get discharged if PP
withdraws before Charges are framed.
Here case can be filed again against you
ACQUITTED
The accused will be acquitted if PP
withdraws after charge was framed, same
case cannot be filed against you after this
(double jeopardy ).

CASES WHERE PROSECUTION CANNOT WITHDRAW WITHOUT CENTRAL GOVT’S PERMISSION

• Offence against law relating to executory power of Union govt.

• Offence investigated by CBI.
• Misappropriation and destruction of property of central government
• Offence committed by person in service of central government in official capacity
#RAJENDRA KUMAR V. STATE-

It was established that:

1. The withdrawal from prosecution is an executive function of the Public

Prosecutor (PP) and is not a judicial function.

2. The government may suggest to the PP regarding the withdrawal of a case.

3. The PP has the authority to withdraw a case on the grounds of insufficiency of

evidence in order to serve the broader objectives of public justice, public order,
and peace.

4. The Public Prosecutor is an officer of the court and is accountable to the court.

5. The court's role is primarily supervisory, and it grants consent without delving
into the merits of the case.

6. The Public Prosecutor is required to exercise independent judgment in this

matter.

#SHEONANDAN PASWAN V. STATE OF BIHAR

- In the case, the Public Prosecutor decided to withdraw from the prosecution
under Section 321, citing valid grounds.

- The court held that the Public Prosecutor's application for withdrawal was
made in good faith, with careful consideration of the available evidence.

- The Magistrate's consent to this withdrawal was also based on a thorough

review of various details.

- The court emphasized that, given the framework of Section 321, it would be
improper for the court to conduct an in-depth inquiry into the case's facts and
evidence, or to order a retrial. Such actions would undermine the purpose and
intent of Section 321.
#ABDUL KARIM V. STATE OF KARNATAKA

- The Public Prosecutor applied to withdraw the prosecution, specifically under the
charges of TADA (Terrorist and Disruptive Activities Prevention Act).

- A Special Leave Petition (SLP) was filed by the victim's father against the withdrawal
decision.

- The court held that the discretion granted under Section 321 is restricted only by the
court's consent, which must be based on a comprehensive examination of the available
evidence.

- To apply for withdrawal under Section 321, the Public Prosecutor must assert, in good
faith, that the withdrawal is in the public interest and will not impede or obstruct the
legal process or result in injustice.

- The court found that the application for withdrawal in this case was submitted hastily
and with the aim of securing the release of an abducted person.

- Consequently, the court ruled that the orders granting consent for the withdrawal from
prosecution were flawed, and the appeal was allowed.

S
 COMPOUNDING

For compounding offences in Cr.P.C there are –

1) 39- OFFENCES WHERE YOU CAN COMPOUND WITH THE CONSENT OF VICTIM.
2) 13-OFFENCES WHERE CONSENT OF VICTIM + COURTS IS NECESSARY.

(ABETMENT AND ATTEMPT OF THESE ARE ALSO COMPOUNDABLE)

WHO CAN COMPOUND-

Anyone who is not For minor and lunatic anyone

competent to contract with permission
• Minor
of courts can on their behalf
• Idiot /lunatic
• DEAD

For the dead their legal

representative as defined by
CPC can with consent of court

If the case is in the process of appeal then you can’t compound unless permission
granted by the courts.

The permission must be obtained from the court where the accused's case
is being heard or the court handling the appeal if one is pending.

HC and CoS. under 401 are allowed t ocompound

No compounding if the person because of a prior conviction gets a enhanced

punishment.

After compounding the accused will be treated as if acquitted

 INHERENT POWERS OF COURTS(SUNISHT)
151 CPC ALSO TALKS ABOUT IT BUT THHS IS CRPC SOOOOOOO

SECTION 482 IN THE CODE OF CRIMINAL PROCEDURE, 1973

482. Saving of inherent powers of High Court.

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court
to make such orders as may be necessary to give effect to any order under this Code, or to
prevent abuse of the process of any Court or otherwise to secure the ends of justice.

#STATE OF HARYANA VS BHAJANLAL 1990

In this case, the Supreme Court provided a non-exhaustive list of categories in which
the power to quash criminal proceedings could be exercised. These categories include
situations where:

1. The allegations in the first information report (FIR) or complaint, even when
accepted at face value, do not prima facie establish any offense or a case against
the accused.

2. The allegations in the FIR and accompanying materials do not reveal a

cognizable offense, justifying police investigation without a magistrate's order.

3. Uncontroverted allegations in the FIR and supporting evidence do not indicate

the commission of any offense or a case against the accused.

4. The allegations in the FIR do not constitute a cognizable offense but only a non-
cognizable offense, which requires a magistrate's order for police investigation.

5. The allegations in the FIR or complaint are so absurd and inherently improbable
that no reasonable person could conclude that there are sufficient grounds to
proceed against the accused.

6. There is a specific legal provision, either in the Criminal Procedure Code or the
relevant Act, that bars the institution and continuation of the proceedings, or
provides an effective remedy for the aggrieved party.

7. The criminal proceedings are clearly driven by malice and ulterior motives, with
the intent to seek vengeance against the accused due to personal grudges.
#NARINDER SINGH VS. STATE OF PUNJAB (2014)- LAID GUIDELINES

In the case of Narinder Singh vs. State of Punjab (2014), the court established several
key guidelines when considering the exercise of powers under Section 482 of the
Criminal Procedure Code to quash criminal proceedings. These guidelines are as
follows:

• Section 482 Distinct from Section 320:

o The court emphasized that Section 482 and Section 320 are two separate
powers, even though their outcomes may appear similar.

• Guiding Factors:
o When invoking these powers, the primary considerations should be to either
secure the ends of justice or prevent the abuse of the legal process. The High
Court must form an opinion based on one of these two objectives while
exercising its powers.

• Application and Non-Application:

o These powers are generally not intended for serious or heinous offenses.

• Offenses of Civil Character:

o The guidelines recognized that they may be more applicable in cases with a
predominantly civil character.

• Possibility of Conviction:
o The court advised evaluating the likelihood of a successful conviction as a
relevant factor.

• Section 307 IPC:

o Offenses under Section 307 of the Indian Penal Code (IPC) are categorized as
heinous and serious. However, the mere inclusion of Section 307 IPC in an FIR
or charge is not sufficient grounds for decision-making. High Courts should
assess whether there is substantial evidence to prove the charge under Section
 307 IPC. Factors to consider include the nature of injuries, the body parts
affected, the type of weapons used, and medical reports on the victim's injuries.
o If there is a strong possibility of conviction, the court may reject a settlement
and continue with the criminal proceedings. In cases where conviction seems
remote, the court may permit the parties to compound the offense based on a
complete settlement, taking into account the potential improvement in their
future relationship.

The court clarified that these guidelines are not rigid rules and may not always lead to
identical outcomes. Decisions should consider the specific circumstances and context
of each case.

#AAHIR VS. STATE OF GUJARAT (2017),

The court provided some straightforward guidelines regarding the use of Section 482 of
the Criminal Procedure Code by High Courts to quash criminal proceedings:

1.Inherent Powers:

Section 482 preserves the inherent powers of the High Court to prevent the misuse of
the legal process or to ensure justice. It doesn't grant new powers but acknowledges the
High Court's existing authority.

2.Quashing vs. Compounding:

The High Court's authority to quash a First Information Report (FIR) or a criminal
proceeding due to a settlement between the offender and the victim is not the same as
compounding an offense. Compounding follows the rules of Section 320 of the Criminal
Procedure Code, while Section 482 applies even to non-compoundable offenses.

3.Purpose of Quashing: When deciding whether to quash a criminal proceeding, the

High Court must assess if doing so serves the interests of justice or prevents the misuse
of the legal process.
Wide Scope of Inherent Power:

The High Court's inherent power is broad but should be used to either ensure justice or
prevent abuse of the legal system.

Case-Specific Decision

The decision to quash a complaint or FIR based on a settlement between the offender
and victim depends on the unique facts and circumstances of each case. There are no
fixed rules, and each case should be considered individually.

#NEEHARIKA INFRASTRUCTURE PVT. LTD. VS. STATE OF MAHARASHTRA AND OTHERS

(2021),

The primary accusation revolved around forgery and the fraudulent sale of property.
The accused individuals had already obtained anticipatory bail from the Sessions Court.
However, they subsequently filed an application under Section 482 of the Criminal
Procedure Code before the Bombay High Court. The High Court issued an interim order,
stating that "no coercive measures shall be adopted against the petitioners."

The central issue in this case was whether the High Court had the authority to issue
orders preventing arrest or the use of "no coercive steps" to halt further investigation
while a petition for quashing was under consideration.

Upon reviewing relevant legal precedents related to Section 482, the Supreme Court
offered its perspective. It cautioned against issuing a blanket order of "no coercive steps"
without providing recorded reasons to support such an order. Such a practice, the Court
noted, could adversely affect the statutory rights and duties of the police concerning the
investigation of the alleged offense.

Additionally, the Court made another noteworthy observation in this 2021 case. It stated
that an interim order to stay an investigation during the pendency of a quashing petition
should be exercised cautiously. Such an interim order should not be routinely, casually,
or mechanically passed. Typically, when the investigation is still ongoing, and the facts
are unclear, and the full evidence is not yet before the High Court, the Court should
refrain from issuing an order to prevent arrest or "no coercive steps." Instead, the
accused should be directed to seek anticipatory bail under Section 438 of the Code of
Criminal Procedure from the appropriate court. The High Court is not justified in issuing
orders to prevent arrest or "no coercive steps" either during the investigation or until the
investigation concludes, or the final report/chargesheet is filed under Section 173 of the
Code of Criminal Procedure, while simultaneously dismissing or disposing of the
quashing petition under Section 482 of the Code of Criminal Procedure or Article 226
of the Constitution of India.
 JUDGEMENT

SECTION 353-

Judgement to be pronounced in open court, by presiding officer.

HOW- 1)Delivering whole judgement

2)Reading entire judgement

3)Reading operative part and explain to accused /lawyer in his language

If accused is in custody, then bring him to judge when judgement is given out.

If he is not, then ask him to attend, except if he only had to pay fine and judges allow attendance exemption.

If lets say 4 accused hai but 1 is not there then judge can give his judgement, and it wont be invalid just cause
accused was not there.

CONTENT

SECTION354- Language and content of Judgement SECTION 355-Content in case of MM

Judgement to be in language of court.(s272) • Serial no. of case

Content- • Date of commencement of offenc

• Name of complainant
• Point of determination, decision and reason
• Name of Accused,his parentage
• Specify offence in case of conviction or acquittal.
• Offence complained and offences proved
• If there is a doubt with regards to the offence for
• Plea of accused + his examination
conviction, then courts have to distinctively express
• Final order
it.
• Date
• In death sentence specifically mention hanging by
• If appeal lies- brief statement of reasons of
neck till he dies
discretion
 SECTION 362 SECTION 363
SECTION 361-
No Alteration Copy of judgement
Special Reason
Unless it is a arithmetical or clerical Give a copy of judgement to
If the does not give release the accused.
error the judgement cannot be altered
accused under section
360,probation act, children
act etc. it has to mention why
it didn’t do so

SECTION 364- Translation of judgement

SECTION 365- FORWARD COPY
If the language of judgement is not the
If CoS. Or CJM is giving sentence then a
language of courts and the accused
copy of it is to be sent to DM
requires it to be translated, then do it and
add to proceedings record .

SECTION 356
For habitual offenders if convicted under
(S.215),(S.498 A/B/C/D) of IPC, and
punishment is over 3 years now if he is again
convicted for more than 3 years.
In such case whenever he is released , for the
next 5 years he has to notify any change in his
address or his new address.
If he is acquitted in appeal, then this address
wala natak is over.
HC, CoS. and any appellate court can also pass
such orders when exercising powers of revision.
ORDERS
SECTION 359
Cost in non-cognizable offence- the court if
they convict someone of a non cognizable
offence then in addition to penalty the petitioner
will pay the respondent compensation of all
legal expenses
Not doing so he will face 30 days of jail
TWO MORE VERY IMPORTANT ORDERS
REGARIDING-
1) PROBATION (360)
2) COMPENSATION (357,358)
 SECTION 360

Release on Good condition or after Admonition

1) Probation
Release on probation-of good conduct
• If the person is 21 years+ and his punishment is only fine or 7 years below.
• Woman being below 21 years and punishment is not death penalty or life imprisonment.

In this case-courts after considering

• Age
• Character
• Antecedent Of Offender(Regular Wale Ko Ni Milta)
• Circumstance Of Offence
• Whether the accused has a fixed abode and consider regular occupation where the offender is
likely to live in

Release on bond with or without sureity, for a time not exceeding 3 years

JM 2nd Class does not have such powers but he can submit an application to JM 1st to do so.

360 DOES NOT WORK ON POA 1958, CHILDREN ACT 1960 AND ANY OTHER SUCH ACT

2) Admonition after admonition section 360 (c)-

If conviction is for-
1) Theft
2) Theft in building
3) Dishonest misappropriation
4) Cheating
5) Ipc offense where punishment s not above 2 years(That is just summons case)
6) NO PREVIOUS CONVICTION

After considering the following the court can release on admonition

1) Age
2) Character
3) Antecedent
4) Physical/mental consideration of offender
5) Trivial nature of offence
6) Circumstances of offense

READ THE SUB SECTIONS FROM BARE ACT Atleast 4,5,6,8,9

 COMPENSATION

SECTION 358
SECTION 357- COMPENSATION FOR VICTIM
Compensation on groundless
• Magistrate can give compensation for expenses incurred in the
arrest
prosecution.
Compensation of 1000 max, if you fail then
• Loss caused due to injury. 30 days of jail.

• In case of compensation for death of accused compensation can Who pays- the person telling police to arrest
the person.
be given to those who are entitled.
• In theft, misappropriation etc. the person jiska chori hua you have
to restore his property but not just that the courts can also
compensate the person who bought the stolen property from the
thief , given that they didn’t know it was stolen.
• If a fine is imposed in a case that can be appealed, the payment
of the fine must wait until the appeal process is finished.
• A court can order a person sentenced for a non-fine-related
offense to pay compensation to the victim for their losses or
injuries.
• HC, Cos. or appellate court can pass this order while exercising
powers of revision
• Same matter keliye if you take compensation in crim court then
in civil case the courts will consider the compensation by crim
court (if comp. not adequate 375A,B,C)

SECTION375A- VICTIM COMPENSATION SCHEME

1. States must create a victim compensation scheme in coordination with the central government.
2.District or State Legal Service Authorities decide compensation based on court
recommendations.
3. Court can recommend additional compensation if needed.
4. Unidentified offenders, victims, or dependents can apply for compensation.
5. Authorities must complete an inquiry and award compensation within two months.

SECTION375B- Compensation by SG under 357A is an addition to fine paid to victim

6. Immediate aid can be provided to victims by order of the authorities to ease their suffering.
SECTION375C- Treatment of victim, all hospitals local central private blah blah give free
first aid and inform police in case of offences of (RAPE ACID ATTACKS), vrna IPC 166
 PLEA BARGAINING
Dekho bargaining sentence ka hoga charge ka mt krna.

BASICS
WHERE IT APPLIES WHO MAY APPLY
WHERE IT DOESN’T APPLIES

SECTION 265 A- • In offences where there are SECTION 265B-

special socio economic
All those offences where
punishment is less than 7 circumstances
years, death penalty or • Offences against women and
life imprisonment, children less than 14 years.
• SECTION 265L -
No application in case related to
Juvenile Justice Act.
Accused while the trial is pending
ESSENTIALS
The application has to be written
voluntary with an affidavit
A notice to complainant to appear on
a fixed date must be given.
Examine the accused in camera.
(327,237,199(2))

Central govt decides Settlement to be made in open court

what are these socio
Compensation for victim
economic conditions
Accused can be released under 360

May give 1/4th punishment

#KASAMBHAI ARDUL REHMANBHAI SHAIKH VS. STATE OF GUJARAT & ANR"

• The conviction of an accused based on a plea of guilty entered as a result of plea bargaining
with the prosecution and the magistrate must be held to be unconstitutional and illegal.
• The court should set aside such convictions and remand the case for trial in accordance with
the law, ignoring the plea of guilty entered as a result of plea bargaining.
• The magistrate trying an accused for a serious offense must apply their mind to the evidence
recorded before them and decide the guilt or innocence of the accused based on the facts
emerging from the evidence.
 PROCCEDURE
265C- GUIDELINES FOR MSD(MUTUALLY SATISFACTORY DISPOSITION)-
CASE ON COMPLAINT- CASE ON POLICE REPORT-
• Court mandates a meeting for case resolution. • Mandated meeting for police-reported
• Ensure voluntary participation in the process. cases.
• Accused or victim may have legal • Ensuring voluntary participation throughout
representation. the process.
• Accused may have legal representation if
desired.
+
+

265D-REPORT OF MSD

IF WORKS- a report is prepared and signed by the presiding officer and participants;

IF DOES’NT WORK-, the court proceeds according to the provisions of the Code from the stage of the
initial application.

SECTION 265E- DISPOSAL OF CASE(ONLY IF MSD WORKS)

(a) The Court awards compensation and decides on punishment.

(b) If applicable, the Court may release the accused on probation or under other laws.

(c) If the offense has a minimum punishment, the Court may impose half of it.

(d) If the offense doesn't fit the criteria in (b) or (c), the Court may impose one-fourth of the applicable
punishment.

SECTION 265F-JUDGEMENT

a) Must be in open court

b) signed by presiding officer of court

FINALITY OF JUDGEMENT

No appeal except

• Writ under 226,227

• SLP under 136
POWERS OF COURT PERIOD OF DETENTION STATEMENT OF ACCUSED NOT TO BE USED
SERVED

SECTION 265G- SECTION 265I SECTION 265 K

The court has all Use section 480 to set Statements of accused made
powers in respect of – aside the years that the during plea bargaining not to be
accused already used for other purposes except
• BAIL served before plea for plea bargain.
• TRIAL bargain

• AND DISPOSAL
 APPEAL(THIS IS WILD)
BASIC

PETITION FOR APPEAL SPECIAL RIGHT IN APPEAL WHEN APPELLANT IN JAIL

SECTION 382- SECTION 380 SECTION 383-

Petition should be in form
of petition in writing.
Presented by appellant/his
pleader.
Accompanied with copy
of judgement against
which appeal is sought.
When more than one person is Appeal to be presented to
convicted (in case where officer in charge of jail who
appeal is allowed), then either will forward it to appellant
court.
all or one can file application
for appeal.

#BANI SINGH V. STATE OF UP

: Even in the absence of convict or his lawyer, the appeal must be heard on merits.
 TYPES OF APPEAL

SECTION 374- SECTION 378- SECTION 377-

Appeal against conviction Appeal against acquittal Appeal against enhancement

1)If trial by HC appeal at SC.
2)Trial by sessions or
additional SSJ in case
punishment is seven years +
then appeal at HC.
3)If conviction by JJ 1st ,2nd ,
MM then appeal at Court of
session
1) If acquittal by JM 1st ,2nd ,MM
(in a case which is cognizable and
non bailable) then DM directs PP to
appeal at Court of Sessions
2) If acquittal by other than Court
of session (in revision )or HC then
State govt directs PP to appeal at
HC.
P.S.- no appeal to HC without leave of HC and
not after 6o days for normal and 6 months for
public servant
If SG thinks punishment is not
adequate enough then it will direct
PP to appeal.
If sentence was by any magistrate,
then appeal to Court of session.
If appeal to other courts then
appeal to HC.
P.S.- no enhancement without giving
reasonable opportunity to accused to show
cause

SECTION 373-

Other cases- to court of sessions by any person

SECTION 379-Against conviction by HC

If HC reverses your acquital in case of DEATH or LIFE IMPRSIONMENT then you can go to SC
 PROCEDURE OF APPEAL

Section 384 Section 385-

If appeal is Summarily dismissed.
appeal
- The court can dismiss appeal if it has given
opportunity to accused/his pleader to be
heard and finds that appeal is frivolous.
- No appeal under 383 can be dismissed
unless the time period has expired.
- Court can ask for cases records and then if
they dismiss, they have to record their
reasons.
If appeal is not dismissed and court hears the
- Send notice to appellant/ his pleader
- Notice to State govt.
- In case appeal is against conviction then notice to
complainant.
- In cases under 377/378 send notice without
summarily dismissing

Section 381-

How is appeal herd in court of session?

• If appeal at Court of session or session judge, then it will be hear by Session Judge or Additional session
judge.
• If appeal against conviction given by JM 2nd class will be heard by Assistant session judge or CJM.
• Additional, Assistant Sessions Judge or CJM will only hear appeals if Sessions Judge or HC directs.

Section 393-Finality of appeal

EXCEPT under section Section 392-When the opinion of judges is equally

divided
• 377
If the appeal headed by a bench of high court is of divided
• 278,
opinion then another judge from the same HC will decide.
• 384(4)
But if either of these believe that appeal should be reheard
• And Judgement under revision then it will be re-heared and decided by a larger bench
APPEAL DESCISIONS ARE FINAL
 WHEN IS APPEAL NOT ALLOWED

Section 372- Section 375-Accused pleads guilty

No appeal unless allowed by If a person is convicted on a plea of

the crpc or some other law. guilt no appeal if conviction is by-

However, the victim has the • HC

right to appeal against – • Court of Session
• Acquittal • MM
• Less punishment • JM 1st class
• Inadequate compensation • JM 2nd class

Except you can appeal on legality of

sentence (ki is ke paas to power hi nit
hi ye sentence dene ki )

Section 376-

No appeal in case of petty offence

No appeal when-

(a) HC sentences up to 6 months' imprisonment or a fine

of 1,000 rupees, or both.

(b) Court of Session/MM can sentence up to 3 months'

imprisonment or a fine of 200 rupees, or both.

(c)JM 1ST Class imposes a fine up to 100 rupees.

(d) Magistrate empowered under section 260 imposes a

fine up to 200 rupees in summary trials.

However, if there are additional punishments combined

with these then you can.
 POWERS OF APPELLATE COURT

BASIC POWERS

Section 386-Powers of appellate court

• In case of a case against acquittal-Any appellate court has the power to reverse acquittal, order further inquiry
and re-trial along with the powers to sentence for the charges if found to be guilty.
• In case of a case from conviction- appellate court has the power to reverse, acquit or discharge or change the
nature, extent of punishment. But cannot enhance it.
• In case of enhancement- the courts can do meri bala se jo kare mai ni pdra ab
• Reverse in case any other appeal case.
• Add or make amendment to any order passed to make it just or proper.

Section 387-Judgement of subordinate appellate court

When there's an appeal in a criminal case, the rules for giving judgments are pretty much the same
as in the original trial. But the accused person doesn't have to be there when the judgment is read,
unless the higher court says they should be.

POWER TO TAKE MORE EVIDENCE

Section 391-May take further evidence.

If deemed necessary they can take more evidence (must write reasons for taking more evidence)
SURAT SINGH PETITIONER(S) V. STATE OF J & K AND ANOTHER (S) (JAMMU AND
KASHMIR HIGH COURT, 2021)

SC provided guidelines regarding the hearing of appeals.

In this case, the Supreme Court held that the unrestricted right of appeal from
acquittal is specifically conferred only on the State, and a private complainant is given
this right only when the criminal prosecution was instituted on their complaint and
subject to special leave by the High Court.

The Court further stated that the High Court, when approached by a private party for
exercising its power of revision from an order of acquittal, should appropriately
refrain from interfering except in cases where there is a glaring legal defect of a
serious nature that has resulted in a grave failure of justice.

The Court emphasized that the power of revision should be exercised judiciously and
not arbitrarily
 ABATEMENT OF APPEAL SECTION394

WHEN NO ABATEMENT-

• Appeal against conviction from death sentence or life imprisonment

• Appellant dies but case arises only from sentence of fine.
• In case the appellant dies during pendency of appeal then his close relatives if they file a SLP to
continue the appeal then it won’t be abated.

FOR ANY APPEAL UNDER SECTION 377 AND SECTION 378 APPEAL ABAETS IF ACCUSED DIES
OR APPELLANT DIES

SUSPENSION OF SENTENCE AND RELEASE ON BAIL

If the appellate court wants, then while appeal case is going on it can release the appellant(accused) on
bail.

(This power can be used by HC also in case appeal by convict person to a court subordinate to HC)

If the person is convicted by a court and he shows his intent to the court that he will file for an appeal
then the courts can order his release on bail if his sentence is less than 3 years.

PROCESS-

In case the courts want to release a person convicted for offences punishable by LI, 10 years + or Death
penalty then they must give a notice to the public prosecutor.

(If the person is release then the PP can file application for cancellation of bail)
 REFERENCE AND REVISION

REFERENCE
SECTION – 395

By HC-

When can any criminal court sent a matter to HC-

1) When there is a question with regards to the validity of

a. Any act
b. Ordinance or regulating act or provision of an act.
c. Question with regards to if ordinance or regulation or position is either invalid or inoperative.
2) Court of session or MM can refer any case that deals with question of law.
3) Any accused during this revision can be either committed to jail or released on bail.

SECTION – 396

Disposal of case according to the decision of HC

When a question is referred to the High Court, it will pass an order and send a copy of that order to
the court that made the reference, which will then handle the case accordingly.

Also HC can direct who will pay cost of reference.

 REVISION

SECTION - 397 SECTION – 399

1. The HC or Cos. May call records of cases Powers of session Judge-

from inferior criminal courts for- • Same as HC,Cos. Under 401
a) Correctness
Session judge ke revision ka
b) Legality revision ni krskte, even in HC.
c) Propriety
Of any finding
SECTION -400
2. Until revision is not over courts can
Powers of additional session judge
suspend the sentence of accused passed by
lower court. Same as sessions judge which means
same as HC.
3. 397 won’t apply in any interlocutory order
passed in an appeal trial or other. But remember only HC or Cos can revise
on their own others can only do when it
4. No further application for revision
is transferred to them.

For e.g.-194

Read 399,400 and 401 together

 POWERS OF HIGH COURT

SECTION 402
SECTION 398 HC’s power to Withdraw or Transfer revision case
Power to order inquiry while If convicted people are more than one and 1 put
examining under 397 by HC/Cos. application to HC and other filed to a sessions judge
then the HC will decide who tries the case.
HC/Cos. May order CJM or any
subordinate to make further inquiry
into-
If HC does it- they will withdraw application from SJ.
• Complaint dismissed under 203.
If HC lets SJ do- HC will transfer it to SJ, here after
• Dismissed under 204
SJ tries your case after that you cant file another
• Any accused discharged. revision.

SECTION 401-IMP

HC’S POWERS –

All powers of appellate court given in 386, 389 , 390, 391

COURT OF SESSION’S POWER-

Same as under 307

Other related things-

1) In case the HC bench is equally divided apply 392

2) No order can be passed unless the accused is given reasonable opportunity to be heard.
3) HC cannot convert finding of acquittal to conviction.
4) No revision if appeal could have been filed but ni kari(except ;- erroneous belief that no
appeal lies thereto and that it is necessary in the interests of Justice so to do, here HC will
deal with he revision application as if it were appeal)

#
RAM BRIKSH SINGH V. AMBIKA YADAV IN 2004,

The Supreme Court highlighted how essential it is to avoid any gross miscarriage of
justice by ensuring that material evidence is not overlooked.

The court, in this case, emphasized that it cannot convert a finding of acquittal into a
conviction through the revision process as per Section 401(3) of the law. The
revisionary powers must be exercised judiciously and sparingly. While the court
cannot be a mere appellate authority for reevaluating evidence, it has a duty to rectify
clear and manifest legal errors that would result in a severe miscarriage of justice.

Ultimately, the court concluded that the High Court's judgment in question did not
warrant any interference, and thus, the revision was denied. This decision underlines
the importance of ensuring justice and upholding the law, especially when there are
evident legal irregularities that could lead to unjust outcomes.

Wajir Hakki v. State in 2005,

Facts- an appeal was brought forth following an acquittal.

The court, in its ruling, found that the appeal lacked merit and, as a fundamental
principle, upheld the presumption of innocence. When there are two plausible
interpretations or views regarding the case, the one favoring the accused must be
adopted. As a result, the appeal was dismissed
 OTHER PROVISIONS

Section – 403 Section – 404 Section -405

IN CASE OF REVISION- IN CASE OF REVISION IN CASE OF REVISION

Unless provided by code no one
has the right to be heard
(personally or by pleader)
When HC or Cos calls for HC has to certify it’s order
records from MM under 397 to lower court
they have to consider the
grounds for their decision by
MM