CRPC INTERNAL 1 IMP QUESTIONS AND

ANSWERS

Short questions

1. Arrest:
-An arrest refers to the act of taking a person into custody by a legal authority, typically the
police, to hold them accountable for a crime they are suspected or accused of
committing. Section 46 of the Criminal Procedure Code (CrPC), 1973 deals with
the power of the police to arrest without a warrant.
Landmark judgment: In the case of Joginder Kumar vs. State of Uttar Pradesh (1994), the
Supreme Court of India laid down guidelines regarding when and how arrests should be
made, emphasizing the importance of protecting an individual's liberty.

2. Police:
The police are a law enforcement agency responsible for maintaining law and order,
preventing and investigating crimes, and ensuring public safety. The Indian Police Act
was enacted in 1861, which established the police as a formal institution in
India.
-Landmark judgment: In the case of Prakash Singh vs. Union of India (2006), the Supreme
Court issued directives to implement police reforms, such as ensuring police autonomy,
introducing transparent processes for appointments and transfers, and establishing police
complaints authorities.

3) Cognizable offence:
A cognizable offence is a more serious crime for which a police officer has the authority to
arrest the accused without a warrant. These offences are usually non-bailable. Section
2(c) of the CrPC defines and categorizes offences as cognizable or non-
cognizable.

4. Search:
-Search refers to the action taken by the police or any authorized official to examine a
person, a place, or objects, in order to gather evidence related to a crime.: Section 165 of
the CrPC provides the power to conduct searches during investigations.
Landmark judgment: In the case of Satvinder Kaur vs. State of Punjab (2009), the Supreme
Court upheld the importance of following proper procedure while conducting searches to
protect the rights and privacy of individuals.

5. Bail:
Bail is the temporary release of an accused person from custody, provided they deposit a
security or surety ensuring their appearance in court for trial.
Section 436 of the CrPC deals with granting of bail.
Landmark judgment: In the case of Gurbaksh Singh Sibbia vs. State of Punjab (1980), the
Supreme Court held that bail is a rule and jail is an exception, emphasizing the importance
of preserving an individual's liberty unless there are compelling reasons to deny bail.

6. Executive Magistrate:
An executive magistrate is a government official who holds judicial and administrative
powers under the Criminal Procedure Code (CrPC) in India. They are responsible for
maintaining law and order, preventing public nuisances, and ensuring public safety within
their jurisdiction. The jurisdiction and functions of executive magistrates are defined under
Section 20 of the CrPC.
,Section 144 of the CrPC empowers executive magistrates to issue orders, commonly
known as "Section 144 orders," to impose restrictions on public gatherings and assemblies
in order to prevent breaches of peace.
Section 107 of the CrPC empowers executive magistrates to issue show-cause notices
against individuals to prevent breaches of peace. Landmark Judgments: State of West
Bengal vs. Anwar Ali Sarkar (1952): This judgment by the Supreme Court upheld
the role and authority of executive magistrates and emphasized their
importance in maintaining public order.

7. Non-Cognizable offence:
Non-Cognizable offence refers to a comparatively less serious crime for which a police
officer cannot arrest an individual without a warrant. These offences are usually bailable.
Section 2(l) of the CrPC defines and categorizes offences as cognizable or non-
cognizable.

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