Mumbai University

3 Years LLB- Semester V (November 2023),Criminal

Procedure Code & Juvenile Act.
Questions & Answers

Q1) Define Bailable and Non bailable offence?

Ans) As per Sec 2(2) of CRPC 1978, “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. In bailable offences bail is a matter of course. Police Officers, Courts, Magistrates,
Sessions Judge, High Court may release a person on bail. Eg: Mischief, House trespass etc.
are bailable offense
“Non-bailable offence” means any other offence. In non-bailable cases, bail is not allowed,
but a person may be released on bail under certain circumstances (Sn.437). In offences
punishable with death or imprisonment for life there is no bail eg: in Murder, rape, etc are
non bailable offense.

Q2) What are cognizable offences?

Ans) As per section 2(c) of the Criminal Procedure Code, Cognizable offences are the
offences in which the police can arrest a suspect even without an arrest warrant. These are
the serious kind of offences in which the punishment is more than 3 years with or without
fine. Whether a particular offence is cognizable or not is mentioned under the First Schedule
of CrPC. Crimes like dowry, murder, rape, etc. fall under this category. These are the wrongs
done against society i.e., against the public at large. The First Information Report (FIR) is
registered only in cognizable crimes. A police officer is bound to register an FIR in case of a
cognizable crime. In cognizable cases, police can make an investigation without prior
permission ofa magistrate.

Q3) What is non cognizable offence?

Ans) Non Cognizable offences belongs to the category of offences as per Cr. PC in which
Police can neither register the FIR nor can investigate or effect arrest without the express
permission or directions from the court. These mostly include minor offences such as
abusing each other, minor scuffles without injuries, intimidation etc. It is defined in section 2(i)
of theCriminal Procedure Code.
In non-cognisable offences, when the information is given to the Police Officer (Sub-
Inspector), he should enter the substance of information in the "Police Diary" and refer the
informant to the Magistrate. He should not start the investigation without the orders of the
concerned Magistrate. But, on receiving such an order, he may exercise the same powers in
investigating asin cognisable cases.

Q4) Short Note on Warrant Case?

Ans) A warrant case under the Code of Criminal Procedure (CrPC) is a case relating to an
offence punishable with death, imprisonment for life, or imprisonment for a term exceeding
two years. These cases are usually serious or grave offences that are considered cognizable,
allowing the police to makearrests without a warrant. A court of session tries the most severe
warrantcases, while Magistrates handle the rest.
Warrant cases can be instituted by filing a First Information Report (FIR) in a police station or
before a magistrate. The stages of trial in warrant cases are outlined in Sections 238 to 250 of
the Code of Criminal Procedure, 1973. Chapter XIX of the CrPC. governs the trial of warrant
cases.
The essential elements of warrant cases include:
Charges must be specified in a warrant case.
The personal appearance of the accused is mandatory.
Warrant cases under CrPC cannot be converted into summons cases.

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 The accused has the right to examine and cross-examine witnesses multipletimes.
The Magistrate must ensure compliance with the provisions of Section 207 of the Code of
Criminal Procedure (CrPC.). Section 207 of the CrPC. 1973 mandates the provision of
copies of relevant documents, such as the police report, FIR, and recorded statements, to
the accused.

Q5) What are the different classes of criminal court and their powers? Ans) Different
classes of Criminal Courts in India are:
a) Supreme Court: The Supreme Court is the highest court of appeal in the country and
enjoys the most extensive discretionary and plenary powers incases of appeals.

b) High Court: There is a High Court for every state. The High Court has the power to
quash the F.I.R, any investigation, and any criminal proceedings before any High Court or
any other subordinate court. It also has the power to secure justice to everyone who
comes before the High Court and also providing justice in such a way the abuse of the
law cannottake place before the High Court.

c) Other Courts: Below the High Court, the following Criminal Courts are constituted.

(i) Sessions Court

(ii) I class Judicial Magistrate and in metropolitan area (metropolitan magistrate),
(iii) Judicial Magistrate II Class
(iv) Executive Magistrate. The Judicial Magistrates and Executive Magistrates are given
different and distinct functions and powers under theCrPC.

Judicial Magistrate II Class: Maximum punishment-1 year imprisonment; maximum penalty-

Rs.5000/-.

I class Judicial Magistrate: Maximum punishment-3 years imprisonment; maximum

penalty- Rs.10000/-.

Chief Judicial Magistrate: Maximum punishment-7 years imprisonment; maximum penalty in

rupees- No limit. Asst Session Judge: Maximum punishment-10 years imprisonment;
maximumpenalty in rupees- No limit.

Session Judge and Additional Session Judge: They both have same powers and has power
to give any punishment provided by the law and can pass any sentence within the ambit of
law. When the session court gives any death penalty, the same needs to be confirmed by the
high court and the sentenceshall not be executed unless it is confirmed by the high court.

Q6) What are any four rights of arrested person?

Ans) The rights of arrested person are:
a) Right to Medical Examination:
According to Section 54 of the Criminal Code, an arrested person has the right to undergo
medical examination. According to sec. 54(2), the report of such examination shall be
furnished by registered by the medical practitioner either to the arrested person or to the
person nominated by that arrested person.

b) Information on the Right to Bail:

A police officer who is arresting a person for an offense is required to inform the person
arrested about their right to bail, that they are entitled to bail as per provision of law, and that
they can arrange for sureties on their behalf.

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c) No detention for more than 24 hours:
According to Section 56 of the Code of Criminal Procedure, an arrested person must be
brought before a magistrate immediately. If the police officials fails to produce an
arrested person before a magistrate within 24 hours of the arrest, the police officials shall be
held guilty of wrongful detention.

d) Rights Of Free Legal Aid

The Supreme Court in the case of in Khatri(II) v. the State of Bihar has held that the state is
under a constitutional obligation (implicit in Article 21) to provide free legal aid to an indigent
accused person as is implicit in Article21 of the Constitution.

Q7) What is summons?

Ans) A summons is a legal document issued by the court directed to a person to appear
before a judge or Magistrate. Section 204 of the CrPC empowers a Magistrate to issue a
summons in a summons case. The summons must be in writing, served in duplicate, signed
by the presiding officer of the court issuing it, and bear the seal of the court.

Q8) What is Warrant?

Ans) A warrant under the Code of Criminal Procedure (CrPC) is a written document issued
by the court to compel the appearance or arrest of any person or search any place that
the court requires. A warrant of arrest must be in writing, signed by the Magistrate, and bear
the seal of the court. Section 204 of the CrPC allows a Magistrate to issue a warrant in a
warrant case. A warrant under CrPC is a legal document that authorizes the arrest of a
person who is charged with a serious offence. A warrant must contain the name and other
details of the person to be arrested, the offence for which the person is charged, and the
authority given to the person who executes the arrest.

Q9) Distinguish between Summons & Warrant?

Summons
A summons is a written order, issued by the
court, compelling an individual to appear
before the court at a specified time and
place.
Warrant
A warrant is a legal document issued by a
magistrate or judge, which authorizes the
police to arrest someone.

It is generally used in cases wherethe Warrants are typically used for more serious
offence is not of a serious Nature. crimes.

The person to whom it is directed is A warrant of arrest must be in

duty-bound to appear before the court on
the date specified in the summons. Failure to
comply with a summons can result in
penalties.
writing, signed by the Magistrate, and
bear the seal of the court. The person
named in the warrant is to be arrested and
produced before the court.

Q10) What is FIR?

Ans) An information of a cognisable offense recorded by the Police Office under section
154(1) of CrPC is commonly known as First Information Report (FIR), though this term is not
used in the Criminal Procedure Code. It is the earliest and the first information of a
cognizable offence recorded by an officer-in-charge of a police station.
It sets the criminal law in motion and marks the commencement of the investigation which
ends up with the formation of opinion under section 169 or 170 CrPC, as the case may be,
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and forwarding of a police report under section 173 CrPC.
FIR is not a piece of substantive evidence. It can be used only for limited purposes, like
corroborating under section 157 of the Evidence Act or contradicting (cross-examination
under section 145 of Evidence Act) the maker thereof.

Q11) What is police diary?

Ans) The Police Officer doing investigation should maintain a diary and record
(i) The time of reception of F.I.R.
(ii) The time of beginning and closing of investigation.
(iii) Place visited,
(iv) A statement of circumstances.

Any Criminal Court may call for the 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. Neither the accused nor his agents 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; except
when it is used by the Police Officer to refresh his memory or if the Court uses them for the
purpose of contradicting such police officer.

Q12) What is Zero FIR?

Ans) A “Zero FIR” is a First Information Report (FIR) that can be filed in any police station,
irrespective of the place of incident or jurisdiction. This means that a person who has
information about the commission of a cognizable offence can file an FIR at any police station,
and it is not necessary to go to the police station within whose jurisdiction the offence falls.
The officer in charge is required to record the FIR and then transfer it to the appropriate police
station where the offence occurred. This provision is particularly useful in cases where the
crime has taken place while the victim was in transit.

Q13) What are compounding offence?

Ans) Offences are grouped into compoundable and non-compoundable. Provisions relating
to compounding are given in Sec 320 of CrPC, Compoundingmeans 'making a compromise'.
These offences are situations where the harmed person (the person who made the
complaint, called the complainant) decides to withdraw the accusations against the person
accused of the wrongdoing.
Compromise may be made (i) with the permission of the court or (ii) without the permission of
the court. Compounding is allowed because the complainant and the accused may make
some compromise within themselves, i.e., they agree to settle their differences mutually.
Compromise once made cannot bewithdrawn. It can be made at any time before the sentence
is pronounced bythe court. The offences which are to be compounded with the permission of
the court. Ex.: (i) Theft (value below Rs.250/-) (ii) Cheating. (iii) Cheating by personation. (iv)
Bigamy. (v) Insulting the modesty of a woman etc. In cases of hurt, assault, criminal
trespass, defamation etc., mentioned in the CrPC. the offences are compoundable without
the permission of the Court.

Q14) What is double jeopardy?

Ans) One fundamental principle of Criminal Law is that no person who has been accused of
an offence should be prosecuted and punished for the same offence more than once. This
principle is contained in Art.20(2) of the Constitution and also in S.300 CrPC.

The origin of this is in the English Law 'Nemo debet Bis Vexari' i.e no one shall be vexed
twice. According to this, if a person has been prosecuted and convicted, then the accused
should not be tried again by any Court in India,for the same offence.

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Q15) What is Public Prosecutor and Asst. Public Prosecutor?
Ans) A Public Prosecutor is a state representative who is a law officer chosen by the state or
central government to represent the interests of the public. A ‘Public Prosecutor’ is appointed
under Section 24 of CrPC. A Public Prosecutorparticipates in the process of investigation and
during the trial.
The State Government has the power under CrPC. to appoint Public Prosecutors at the High
Court level and at district level is consultation with the High Court and the Sessions Court.
The District Magistrate prepares a panel of names who are fit to be appointed as Public
Prosecutors. The minimum qualifications is at least 7 years practice as an Advocate. The
Public Prosecutor is a public servant.
Asst. Public Prosecutors (A.P.P) are appointed by State Govt. in each district for conducting
prosecution in Magistrates Courts. No Public Officer below the rank of a Police Inspector and
who has made investigation in the case can beappointed as A.P.P. Office of the A.P.P. is the
creation of the new CrPC.
A.P.P. may appear before Magistrates court. He is not under the control of the Police
Department.

Q16) What is “arrest”?

Ans) The common definition of the word "arrest" is "the deprivation of one's personal liberty.
Neither the Code of Criminal Procedure nor any other significant substantive laws define the
term "arrest". A person is consideredto be arrested in a legal sense when they are taken into
custody by a law enforcement officer with the intent of holding them for trial on a criminal
charge or preventing them from doing an illegal act.

Q17) What is petty offence?

Ans) “petty offence” means any offence punishable only with fine not exceeding one
thousand rupees, but does not include any offence so punishableunder the Motor Vehicles Act,
1931, or under any other law which provides for convicting the accused person in his
absence on a plea of guilty.

Q18) What is anticipatory bail?

Ans) Anticipatory Bail or Pre-arrest Bail is a legal provision that allows an accused person to
apply for bail before being arrested. In India, pre-arrest bail is granted under section 438 of
the Code of Criminal Procedure, 1973. It can be issued only by the Sessions Court and High
Court.
The provision of pre-arrest bail is discretionary, and the court may grant bail after considering
the nature and gravity of the offence, the antecedents of the accused, and other relevant
factors. The court may also impose certainconditions while granting bail, such as surrendering
the passport, refraining from leaving the country, or reporting to the police station regularly.

Q19) What is charge under CRPC?

Ans) As per Section 2 (b) of Cr.PC "Charge" is defined as "Charge" includes any head of
the charge when the charge contains more head than one.
Charge is accusation made against person in respect of the offence alleged to have been
committed by him.

Q20) What is complaint?

Ans) As per Sec 2 (d) of CRPC, a “complaint” means any allegation made orallyor 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.

Q21) Who is Probationary officer?

Ans) As per The Probation of Offenders Act of 1958, a probation official is a court officer who

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regularly meets people sentenced to a supervised probation period who are generally, the
perpetrators and lower-level criminals. The majority of the offenders placed on probation are
first time offenders. Placing any one on probation is a way for the court to prevent offenders
from imprisonment. Many that are on probation live in our neighbourhoods, stay home, are
working or participating in an educational program, and raise their children. The justice
system’s objective is to have a person who is put on probation as a responsible member of
society while retaining contact with his or her family and community support sources.

A probation officer will need to meet, on a monthly or sometimes weekly basis, their client.
Based on an assessment of risk/needs, the probation officer may decide the degree of
supervision that a person requires (minimum,medium or maximum). It helps to determine how
much assistance a person requires. POs work at city, country, and state levels and have
legal and sociological training in rehabilitation.

While the majority of the public considers probation officers as merely supervisors of
offenders, their role within the legal system is significantly broader and more complex. Most
probation officers do not get involved onlyafter a probation sentence has been handed down
but may provide input to prosecutors, judges and court officials long before the trial begins.
In many jurisdictions, probation officers also adopt the role of parole officer, which oversees
the re-entry of ex-convicts into society.

Q22) What are the duties of probationary officer?

Ans) The duties of a Probation Officer under the Probation of Offenders Act, 1958, as laid
down in Section 14 of the Act, include:
a) Investigation: The probation officer conducts an investigation to gather information about
the offender and the circumstances surrounding the offense and submit the report to the
court.

b) Supervision and surveillance: The probation officer supervises the offender during the
probation period to ensure compliance with the conditions of probation.

c) Counseling: The probation officer provides counseling to the offender to help them
understand and rectify their behavior.

d) Exercise of professional control on the delinquent probationer: The probation officer

exercises professional control over the offender to prevent them from committing further
offenses.

The Act aims to save minor offenders from becoming regular criminals by giving them the
opportunity to change for the better rather than going to jail. The probation officer seeks to
resolve the issue amicably while attendingto the needs and challenges of the accused.

Q23) What is admonition?

Ans) Admonition under the Probation of Offenders Act, 1958, is a stern warning or
reprimand. Section 3 of the Act deals with the power of a court to release the offender after
admonition. This section empowers the courts to release the offenders without undergoing
the penalty prescribed by the Indian Penal Code or any other relevant law. In essence, it’s a
way for the court to give the offender a chance to reform without serving a traditional
sentence.

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S. 360- Chapter XXVII-Order to release on probation of good conduct or after admonition-

1. When any person not under twenty-one years of age is convicted of an offence
punishable with fine only or with imprisonment for a term of seven years, or less, or
when any person under twenty-one years of age or any woman is convicted of an
offence not punishable with death or imprisonment for life, and no previous conviction is
proved against the offender, if it appears to the Court before which he is convicted,
regard being had to the age, character or antecedents of the offender, and to the
circumstances in which the offence was committed, that it is expedient that the offender
should be released on probation of good conduct, the Court may, instead of sentencing
him at once to any punishment, direct that he be released on his entering into a bond,
with or without sureties, to appear and receive sentence when called upon during such
period (not exceeding three years) as the Court may direct and in the meantime to keep
the peace and be of good behavior;
Provided that where any first offender is convicted by a Magistrate of the second class
not specially empowered by the High Court, and the Magistrate is of opinion that the
powers conferred by this section should be exercised, he shall record his opinion to that
effect, and submit the proceedings to a Magistrate of the first class forwarding the
accused to or taking bail for his appearance before, such Magistrate, who shall dispose
of the case in the manner provided by Sub-Section (2).

2. Where proceedings are submitted to a Magistrate of the first class as provided by Sub-
Section (1), such Magistrate may thereupon pass such sentence or make such order as
he might have passed or made if the case had originally been heard by him, and, if he
thinks further inquiry or additional evidence on any point to be necessary, he may make
such inquiry or take such evidence himself or direct such inquiry or evidence to be
made or taken.

3. In any case in which a person is convicted of theft, theft in a building, dishonest in is

appropriation, cheating or any offence under the Indian Penal Code (45 of 1860)
punishable with not more than two years’ imprisonment or any offence punishable with
fine only and no previous conviction is proved against him, the Court before which he is
so convicted may, if it thinks fit, having regard to the age, character, antecedents or
physical or mental condition of the offender and to the trivial nature of the offence or
any extenuating circumstances under which the offence was committed, instead of
sentencing him to any punishment, release him after due admonition.

4. An order under this section may be made by any Appellate Court or by the High Court
or Court of Session when exercising its powers of revision.

5. When an order has been made under this section in respect of any offender, the High
Court or Court of Session may, on appeal when there is a right of appeal to such Court,
or when exercising its powers of revision, set aside such order, and in lieu thereof pass
sentence on such offender according to law;
Provided that the High Court or Court of Session shall not under this Sub-Section inflict
a greater punishment than might have been inflicted by the Court by which the offender
was convicted.

6. The provisions of sections 121, 124 and 373 shall, so far as may be apply in the case
of sureties offered in pursuance of the provisions of this section.

7. The Court, before directing the release of an offender under Sub-Section (1) shall be
satisfied that an offender or his surety (if any) has a fixed place of abode or regular
occupation in the place for which the Court acts or in which the offender is likely to live
during the period named for the observance of the conditions.

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 8. If the Court which convicted the offender, or a Court which could have dealt with the
offender in respect of his original offence, is satisfied that the offender has failed to
observe any of the conditions of his recognizance, it may issue a warrant for his
apprehension.

9. An offender, when apprehended on any such warrant, shall be brought forthwith before
the Court issuing the warrant, and such Court may either remand him in custody until
the case is heard or admit him to bail with a sufficient surety conditioned on his
appearing for sentence and such Court may after hearing the case, pass sentence.
10. Nothing in this section shall affect the provisions of the Probation of Offenders Act,
1958 (20 of 1958), or the Children Act, 1960 (60 of 1960), or any other law for the time
being in force for the treatment, training or rehabilitation of youthful offenders.

Q24) What are heinous offences?

Ans) “Heinous offences”, as per the definition given under Section 2(33) of the IPC and also
as per Juvenile Justice Act 2015, are those offences for which the IPC or any other criminal
law for the time being in force prescribesa term of imprisonment of 7 years or more.

Q25) What is conviction and acquittal?

Ans) Conviction means that, when the trial ends, one have been proven guilty of a particular
crime and accordingly judgment of punishment as per law is passed.
Acquittal means the prosecution was not able to prove that one committed a crime. An order
of acquittal is also in the nature of judgment.

Q26) What is public nuisance?

Ans) As per Section 280 of IPC 1860, A person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any common injury, danger or annoyance
to the public or to the people in general who dwell or occupy property in the vicinity, or which
must necessarily cause injury, obstruction, danger or annoyance to persons who may have
occasion to use any public right. Therefore, it is a crime against society and not just against
an individual or a group of people. For instance, polluting water streams, obstruction of
highways, and storing explosives are examples of public nuisance.

Q27) What is judgment under CRPC?

Ans) A judgment in the context of the Code of Criminal Procedure (CrPC) is the final
decision given by a court at the end of a criminal trial. Although the term ‘judgment’ is not
explicitly defined in the CrPC, it is generally understood to be the final order of the court.
Chapter XXVII of the CrPC, 1973, deals with Judgment. It explains the meaning and
procedure of passing judgment by a criminal court. A judgment should clearly mention the
reason for accepting an argument and rejecting the other.
Section 354 of the CrPC outlines the language and contents of the judgment. It states that
every judgment in a criminal case should be written in the language of the court, contain the
points for determination and the reason for the same, specify the offense and the reason for
the same, and mentionthe Indian Penal Code (IPC) or any other law under which the crime is
committed and the punishment is given. In essence, a judgment is the expression of the
opinion of the Judge or Magistrate arrived at after due consideration of the evidence and of
the arguments.

Q28) What is children’s home as per Juvenile Justice Act?

Ans) Under the Juvenile Justice Act, 2015, children who are in need of care and protection
can be placed in a child care institution. The types of child care institutions include Children
Home, Open Shelter, Observation Home, Special Home, Place of Safety, Specialised
Adoption Agency and a Fit Facility. Children Homes for Boys and Girls provide shelter during
the process of inquiry and long term rehabilitation for orphan and destitute children in needof
care and protection. Section 34 of the Juvenile Justice Act of 2000 states“The state government
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 may establish and maintain children’s homes in each district or group of districts.” The
children’s home is a home where children in need of care and protection are placed on the
order of a competent authority.

Q.29 Child in need of care and protection.

A child in need of care and protection is to be produced before the Child Welfare Committee
within 24 hours. The Act provides for mandatory reporting of a child found separated from
his/her guardian. Non reporting has been treated as a punishable offence.

The Child Welfare Committee is to send the child in need of care and protection to the
appropriate Child Care Institution and direct a Social Worker, Case Worker or the Child
Welfare Officer to conduct the social investigation within 15 days. The Child Welfare
Committees shall meet at least 20 days in a month and the District Magistrate shall conduct a
quarterly review of the functioning of the Child Welfare Committee.

A child in need of care and protection will be placed in a Children‘s Home for care, treatment,
education, training, development and rehabilitation. The Act provides for Open Shelters for
Children in need of community support on short term basis for protecting them from abuse or
keeping them away from a life on the streets. The Child Welfare Committee could recognize a
facility to be a Fit Facility to temporarily take the responsibility of a child. The Specialized
Adoption Agency is to take care of the rehabilitation of orphans, abandoned or surrendered
children.

Q.30 Accompliance

Sec.306-307 of CrPC contains certain important provisions as regards tender of pardon by the
court to an accomplice. Such a person is also referred as an approver.
Who is an accomplice?
The section (Section 306 (1)) does not use the word accomplice, but describes the various
categories of person to whom pardon may be tendered.

“(i) A person who directly participated in the commission of the offence to which the
(investigation or) inquiry or trial relates.
(ii) A person who was indirectly concerned in the commission of the offence, e.g., as abettor.
(iii) A person who was privy to the commission of the offence. The word, ‘privy’ possibly
suggests the category of ‘accessory after the fact’. Under English law, a person, who, though
not a participant in the principal offence, aided it subsequently, e.g., as a receiver of stolen
property, on a charge of theft against the accused.

If any of the foregoing tests is satisfied, pardon may be tendered to such person though he
may not have been arraigned as an accused. Nor is it necessary for the application of the
section that such person must expressly state that he took an active part in the commission of
the offence; it is enough if his statement clearly shows that he was a privy to or abettor of the
offence.

The word ‘accomplice’, which is used in u/S. 133 of the Evidence Act, includes a principal, an
accessory, abettor, a person in some way connected with the offence. An accomplice, who is
tendered pardon and gives evidence in favour of the prosecution against other participants in
the commission of the crime, is popularly called an ‘approver’, though that term, too, is not
used in the section-306.”

SECTION 306:- Tender of pardon to accomplice

“(1) With a view to obtaining the evidence of any person supposed to have been directly or
indirectly concerned in or privy to an offence to which this Section applies, the Chief Judicial
Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the
trial of, the offence, and the Magistrate of the first class inquiring into, or trying the offence, at
any stage of the inquiry or trial, may tender pardon to such person on condition of his making a
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full and true disclosure of the whole of the circumstances within his knowledge relative to the
offence and to every other person concerned, whether as principle or abettor, in the
commission thereof.
(2) This Section applies to-
(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge
appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which may extend to seven years or with a more
severe sentence.
(3) Every Magistrate who tenders a pardon under sub- section (1) shall record-
(a) his reasons for so doing,
(b) whether the tender was or was not accepted by the person to whom it was made; and shall,
on application made by the accused, furnish him with a copy of such record free of cost.
(4) Every person accepting a tender of pardon made under sub-section(1)-
(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the
offence and in the subsequent trial, if any;
(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section (1) and has
been examined under sub-section (4), the Magistrate taking cognizance of the offence shall,
without making any further inquiry in the case-
(a) commit it for trial-
(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate
taking cognizance is the Chief Judicial Magistrate ;
(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952, (46 of
1952), if the offence is triable exclusively by that Court ;
(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the
case himself.”

Section 307 of CrPC: Power to direct tender of pardon

“At any time after commitment of a case but before judgment is passed, the Court to which the
commitment is made may, with a view to obtaining at the trial the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender
a pardon on the same condition to such person.

Q.31 Variation of conditions of Probation

Section 8
(1) If, on the application of a probation officer, any court which passes an order under section 4
in respect of an offender is of opinion that in the interests of the offender and the public it is
expedient or necessary to vary the conditions of any bond entered into by the offender, it may,
at any time during the period when the bond is effective, vary the bond by extending or
diminishing the duration thereof so, however, that it shall not exceed three years from the date
of the original order or by altering the conditions thereof or by inserting additional conditions
therein:

Provided that no such variation shall be made without giving the offender and the surety or
sureties mentioned in the bond an opportunity of being heard.
(2) If any surety refuses to consent to any variation proposed to be made under sub-
section (1), the court may require the offender to enter into a fresh bond and if the offender
refuses or fails to do so, the court may sentence him for the offence of which he was found
guilty.
(3) Notwithstanding anything hereinbefore contained, the court which passes an order under
section 4 in respect of an offender may, if it is satisfied on an application made by the
probation officer, that the conduct of the offender has been such as to make it unnecessary
that he should be kept any longer under supervision, discharge the bond or bonds entered into
by him.

10
Q.32 Duties of Probation Officer
Duties of Probation Officer
Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details concerning the duties
of probation officers that, subject to such conditions and limitations as may be imposed, a
probation officer is expected to do:

1. Investigate the circumstances or domestic environment of any person accused of an

offence with the intention, in accordance with any direction of the Court, to help the
Court to determine and report the most appropriately advised approach to his
dealing with it;
2. Supervising probationers and other persons under his supervision and seeking
suitable employment where necessary;
3. Counselling and supporting victims in the payment by the Court of penalties or
costs;
4. Advice and assist persons released pursuant to Section 4 in such situations and
manner as may be prescribed;
5. Perform the other duties prescribed as may be.
A probation agent, as laid down in Section 14 of the Act, has main functions, such as
investigation, supervision and guidance, counselling and professional control of criminal
probation. As an inspiring, guiding and supporting probationer, this probation officer facilitates
the rehabilitation of the criminal as a law-abiding member of society.

Q.33 Maintenance of Wife, Children and Parents

Persons Entitled To Claim Maintenance

In accordance with Section 125(1) of the Code, the following people may be eligible to make a
maintenance claim in specific situations:

 Wife
 Children
 Father or Mother

Maintenance To Wife
According to Section 125 (1) (a) of the Code, if a person with sufficient means neglects or
refuses to support his wife, who is unable to support herself, a first-class Magistrate can order
that person to provide a monthly allowance for the maintenance of his wife. The amount will be
determined by the Magistrate, and the person must pay it as directed by the Magistrate. In this
context, "wife" includes a woman who has been divorced by her husband or has obtained a
divorce and has not remarried.

The term "wife" applies regardless of the woman's age, whether she is a minor or an adult. The
legality of the marriage will be determined by the personal laws applicable to the parties, and if
there is a dispute regarding the validity of the marriage, the applicant will need to provide proof
of marriage. The Supreme Court in

Bakulbai V. Gangaram
It has been established that a woman who becomes the second wife of a man who already has
a living spouse at the time of the second marriage does not have the right to receive
maintenance. Even if the second wife is unaware of the existence of the previous marriage,
she is not entitled to make a claim for maintenance.

Right Of Muslim Woman To Claim Maintenance U / S 125 Cr.P.C. After Iddat Period.

11
Before the Mohammad Ahmed Khan v. Shah Bano Begum case, Muslim wives were not
entitled to claim maintenance after completing their Iddat period.

However, this changed with the Supreme Court's ruling in the case.

Mohammad Ahmed Khan V. Shah Bano Begum

After her husband filed for divorce, 62-year-old Muslim Shah Bano Begum filed a criminal
complaint with the Supreme Court of India. She requested maintenance, and the judge granted
her request. The court ruled that as long as a Muslim woman stays single and is unable to
support herself using the dower she received at the time of divorce, she has the right to
request maintenance under Section 125 of the Criminal Procedure Code even beyond the
Iddat period. Muslims were outraged by this decision since it was against Islamic Law. The
Muslim Women (Protection of Rights on Divorce) Act, 1986 was subsequently passed, which
nullified the Supreme Court's ruling and prevented Muslim women from suing their ex-
husbands for maintenance.

Maintenance To Children
The Code doesn't define the term "child." According to Section 125(1) of the Indian Majority Act
of 1875, a child need not be a minor but must be incapable of maintaining itself due to a
physical or mental disability or injury. This means that someone has not achieved full age,
which is defined as 18 years old.

However, a married daughter is not considered a kid.

The legality or illegitimacy of a child has no bearing on the determination of maintenance.

Maintenance is due to even an illegitimate minor.

In Moti Ram V. 1st Additional District Judge, Bareilly

Wife filed a petition for support for both her and her little kid. The marriage was previously ruled
void, and the daughter was not impleaded as an applicant. Daughter's application was upheld
as maintainable. It was decided that "A woman may have a terrible character, but she may still
be entitled to an order for maintenance for an illegitimate child provided she establishes that
the person being sued is the child's father.

Maintenance To Father Or Mother

The provision pertaining to a parent's maintenance who may not be able to support
themselves. Nowhere specifically did the stepfather or stepmother fall under the definition of
"his father or mother" as it appears in Section 125 of the Criminal Procedure Code. When the
term "mother" is used in a general sense, it refers to the woman who gave birth to the
individual whose support is being requested under section 125 of the Civil Rights and Property
Code. Further, in
Vijaya Manehar Arabat V. Kashirao Rajaram Sawai
The Supreme Court ruled that while it is true that the terms "his father" and "his mother" are
used in clause (d) of section 125 (1), the inclusion of the pronoun "his" does not preclude the
parent from requesting support from the daughter. However, the court must be convinced that
the daughter has sufficient means of her own independent of the means of income of her
husband and that the father or mother, as the case may be, is unable to support himself or
herself before it can order maintenance of a father or mother against their married daughter.

Can the husband ask the wife for maintenance?

It is obvious from a straightforward reading of S. 125 (1) that the right to seek maintenance is
only open to the individuals specified therein who are not entitled to maintenance from their
wives under S. 125 Cr.P.C. Since the word "husband" is not used, it can be assumed that
there is no husband.

According to the aforementioned provisions of Section 125 of the Code, a man has a natural
and fundamental obligation to support his wife, children, and parents for as long as they are
unable to do so on their own.

12
In Jayashri Rajwade V. Vibhas Kulkarni
The Bombay High Court ruled that "the husband's application under section 125 of the Code is
certainly not maintainable" if there is a legal prohibition on his claiming maintenance from his
wife under section 125 of the Code. He may proceed to Civil Court to prove his right to
maintenance, but the Magistrate cannot grant him support in accordance with his authority
under Section 125 of the Code.

Additionally, under sections 24 and 25 of the Hindu Marriage Act of 1955, a Hindu male may
request maintenance.

Essential requirements for permitting maintenance:

1. Enough resources to maintain.

The individual from whom maintenance is demanded must have enough money to
support the person or people who are asking for maintenance. Here, the word "means"
refers to more than just outward things like tangible possessions or steady job.

2. Ignorance or failure to uphold.

The person from whom maintenance is demanded must have ignored or refused to
maintain the person or individuals who are entitled to maintenance.

In contrast to "refuse," which denotes a failure to maintain or a denial of an obligation to

maintain after demand, "neglect" refers to a default or omission in the absence of a
demand.

3. The person requesting maintenance must be unable to care for themselves.

Due to the fact that the primary goal of Section 125 of the Code is to prevent vagrancy,
only those who are unable to care for themselves should be subject to the duty to pay
maintenance. An essential need for the wife's application for maintenance is that she
must be unable to support herself.

Q.34 Security from person disseminating sedition matters.

When an Executive Magistrate receives information that there is within his local jurisdiction
any person who, within or without such jurisdiction;

1. either orally or in writing or in any other manner, intentionally disseminates or attempts

to disseminate or abets the dissemination of;
1. any matter the publication of which is punishable under section 124A or section
153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or
2. any matter concerning a Judge acting or purporting to act in the discharge of his
official duties which amounts to criminal intimidation or defamation under the
Indian Penal Code.
2. makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to
hire, distributes, publicly exhibits or in any other manner puts in circulation any obscene
matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and
the magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate
may, in the manner hereinafter provided, require such person to show cause why he
should not be ordered to execute a bond, with or without sureties, for his good
behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
3. No proceeding shall be taken under this section against the editor, proprietor, printer
or publisher of any publication registered under, and edited, printed and published in
conformity with, the rules laid down in the Press and Registration of Books Act, 1867
(25 of 1867), with reference to any matter contained in such publication except by the
order or under the authority of the State Government or some officer empowered by the
State Government in this behalf.

13
 Descriptive Questions & Answers

Q 1 What are the rights of the arrested persons?

Ans) Meaning of Arrest:
The common definition of the word "arrest" is "the deprivation of one's personal liberty.
Neither the Code of Criminal Procedure nor any other significant substantive laws define the
term "arrest". A person is consideredto be arrested in a legal sense when they are taken into
custody by a law enforcement officer with the intent of holding them for trial on a criminal
charge or preventing them from doing an illegal act.
Rights of Arrested Person:
The rights of an arrested person under the Code of Criminal Procedure (CrPC)are as follows:
a) Right to know the grounds of Arrest: Section 50 of CrPC states that everypolice officer or
any other person who is authorised to arrest a person without a warrant should inform
the arrested person about the offence for which he is arrested and other grounds for
such an arrest.
b) Right to be produced before the Magistrate without unnecessary delay: Section 55
of CrPC states that a police officer making an arrest without a warrant should produce the
arrested person without unnecessary delay before the Magistrate having jurisdiction or a
police officer in charge ofthe police station.
c) Rights to be released on Bail: An arrested person has the right to be released on bail
unless there are reasonable grounds to believe that he has committed a non-bailable
offence. A police officer who is arresting a person for a offense is required to inform the
person arrested about their right to bail, that they are entitled to bail as per provision of
law, and that they can arrange for sureties on their behalf.
d) Rights to a fair trial: Every arrested person has the right to a fair trial.
e) Right to consult a lawyer of his choice: The arrested person has the right to consult a
lawyer of his choice.
f) Right to free legal aid: If the arrested person does not have sufficient means to engage
a lawyer, he has the right to free legal aid. The Supreme Court in the case of in Khatri(II) v.
the State of Bihar has held that the state is under a constitutional obligation (implicit in
Article 21) to provide free legal aid to an indigent accused person as is implicit in Article
21 ofthe Constitution.
g) Right against self-incrimination: The arrested person has the right againstself-incrimination.
h) Right to be examined by a registered medical practitioner: If the arrestedperson requests for
a medical examination, he has the right to be examinedby a registered medical practitioner.
i) No detention for more than 24 hours: According to Section 56 of the Code of Criminal
Procedure, an arrested person must be brought before a magistrate immediately. If the
police officials fails to produce an arrested person before a magistrate within 24 hours of
the arrest, the police officials shall be held guilty of wrongful detention

These rights are designed to protect the fundamental rights of the arrested person and to
ensure that the law enforcement authorities follow due process of law while dealing with
persons accused of committing a crime.

Q 2 Note on Investigation, Inquiry and Trial?

Ans) Investigation, inquiry and trial denote the three successive stages in the Criminal
proceedings:
a) Investigation: Investigation is the 1st stage of Criminal Case. As per S.2(h) of
CRPC, "Investigation" includes all the proceedings under the CrPC. for the collection of
evidence conducted by a police officer or person authorised by the Magistrate. The objective

14
is to collect evidence in respect of the case on hand. It starts with the F.I.R. It includes:
Proceeding to the spot, getting the facts and circumstances, collecting all the evidence
available, examining persons, arresting the accused, making the search, seizing materials
etc. He submits a report to the Magistrate in the prescribeform.

b) Inquiry: The end of investigation is the beginning of the inquiry. As perS 2 (g) of CRPC,
Inquiry means every inquiry, other than a trial, conducted by a Magistrate or Court under
CrPC. This is a proceeding of the Magistrate or Court prior to trial. The objective is to find the
truth or falsity of the facts to proceed further, to take action. If there is any truth, there will be a
trial otherwise the accused is discharged. Inquiry may be judicial, non-judicial, local or
preliminary. Examples are: proceedings for maintenance of wife a children, enquiring for
keeping the peace. Proceeding under Sn.145 CrPC. is an inquiry.
c) Trial: This is the final stage of a criminal case. A trial is a judicial proceeding that
ends either with conviction or acquittal. It is the legal process that follows an
investigation or inquiry, in which the accused is brought before a court to answer for the
charges against them. A trial involves the presentation of evidence, testimony from
witnesses, and arguments from both the prosecution and defense. A judge or a jury will
decide whether the suspect is guilty or not guilty of the crime.

Q 3 Write short note on arrest without warrant?

Ans) Arrest without Warrant: (Section 41): The police officer may without an order from a
Magistrate and without a warrant, arrest any person;
a) who has been concerned in any cognizable offence, or against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable
suspicion exists, of his having been so concerned;or
b) who has in his possession without lawful excuse, the burden of proving which excuse
shall lie on such person, any implement of house-breaking; or
c) who has been proclaimed as an offender either under this Code or by order of the State
Government; or
d) in whose possession anything is found which may reasonably be suspected to be stolen
property and who may reasonably be suspected of having committed an offence with
reference to such thing; or
e) who obstructs a police officer while in the execution of his duty, or who has escaped, or
attempts to escape, from lawful custody; or
f) who is reasonable suspected of being a deserter from any of the Armed Forces of the
Union; or
g) who has been concerned in, or against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists, of his having
been concerned in, any act committed at any place out of India which, if committed in
India, would have been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained in custody in
India; or
h) who, being a released convict, commits a breach of any rule made under Sub-Section(5)
of section 356; or
i) for whose arrest any requisition, whether written or oral, has been received from another
police officer, provided that the requisition specifies the person to be arrested and the
offence or other cause for which the arrest is to be made and it appears therefrom that
the person. Might lawfully be arrested without a warrant by the officer who issued the
requisition.
j) Any officer in charge of a police station may, in like manner, arrest or cause to be
arrested any person, belonging to one or more of the categories of person specified in
section 109 or section 110.
15
Q 4 What are the various process to compel appearance in case of Criminal Procedure
Code?
Ans) The processes under the Code of Criminal Procedure (CrPC) to compel a accused
person to appear in court:
a) Summons (Section 61 and 204 of CrPC): A summons is a written order, issued by the
court, compelling an individual to appear before the court at a specified time and place.
The summons must be in writing, served induplicate, signed by the presiding officer of the
court issuing it, and bear the seal of the court. Section 204 of the CrPC empowers a
Magistrate to issue a summons in a summons case.
b) Warrant (Section 70 and 204 of CrPC): A warrant is a legal document issued by a
magistrate or judge, which authorizes the police to arrest someone. Warrants are
typically used for more serious crimes. A warrantof arrest must be in writing, signed by the
Magistrate, and bear the sealof the court. Section 204 of the CrPC allows a Magistrate to
issue a warrant in a warrant case.
c) Warrant in lieu of summons (Section 87 of CrPC): In certain cases, a court may issue a
warrant in lieu of a summons. This is typically done when the court believes that a
summons alone would not ensure the person’s appearance. The court will record the
reason for issuing a warrant in lieuof a summons.
d) Proclamation of an absconder (Section 82 of CrPC): If a person against whom a
warrant has been issued is absconding or concealing himself so that the warrant cannot
be executed, the court may publish a written proclamation requiring him to appear at a
specified place and time. The proclamation is published in a conspicuous place in the town
or village wherethe person ordinarily resides.
e) Attachment of property (Section 83 and Sections 105D to 105J of CrPC): If the person
does not comply with the proclamation, the court may orderthe attachment of his property.
The court can also order the sale of the attached property if the person does not appear
within the specified time.
f) Bond with or without sureties (Sections 436 to 450 and Section 441 of CrPC):
The court may also require the person to execute a bond, with or without sureties, to
appear before the court on a certain date. The bond is a guarantee that the person will
appear in court at the specified time.These processes are designed to ensure the
presence of the accused at his trial without reasonably depriving him of his liberty.

Q 5 What is search warrant and the circumstances under which it is issued?

Ans) A search warrant is a written order issued by a Judge, Magistrate, or a Court
authorizing law enforcement officers to conduct a search of a person,location, or vehicle for
evidence of a crime and confiscate any evidence they find. The search should have a
nexus with the crime; it cannot be a randomsearch.
A search warrant is issued under the following circumstances:
a) To obtain evidence of a crime.
b) To obtain contraband, fruits of crime, or other items illegally possessed.
c) To obtain property designed for use, intended for use, or used in committing a crime.
d) To arrest a person or a person who is unlawfully restrained.
e) To authorize law enforcement officers to search a particular location and seize
specific items.
f) To show probable cause that a crime was committed and that items connected to the
crime are likely to be found in the place specified by the warrant.
g) To comply with the Fourth Amendment, which requires a warrant to be issued upon
probable cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or thingsto be seized.
h) To conduct a lawful search within the scope of the warrant.
16
 Under Section 93 (1) of the Code of Criminal Procedure, a search warrant may be issued
by the court in the following three cases:
Firstly, where any court has a reason to believe that a person to whom summons is
issued will not or would not produce the document or thing as required by such
summons or requisition.
Secondly, where the document or thing is not known to the court to be in the
possession of any person.
Lastly, where the court considers that any purpose under the code is served by a
general search or inspection.The issue of a search warrant is an integral step in the
procedure for investigation. A search warrant may be general or specific in its scope
as toany place or part.

Q 6 Write short note on summary trials?

Ans) Summary Trials are mentioned in Chapter XXI of the Code of CriminalProcedure,1973.
In this trial, the cases are disposed of speedily as the procedure is simplified and the
recording of such cases are done summarily. In this type of trial, only the offences which
fall into the small/petty category are tried. Complex cases are reserved for warrant or
summons trial.To determine whether a case should be tried summarily, the facts stated in the
complaint form the primary basis. The objective of summary trials is the expeditious disposal
of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for
procuring justice in less time. The legal provisions governing summary trials under the Code
of CriminalProcedure, 1973 are Section 260 to Section 265.
Some of the offences who can be tried in summary way:
offences not punishable with death, imprisonment for life or imprisonment for a term
exceeding two years;
theft, under section 379, section 380 or section 381 of the Indian PenalCode, (45 of 1860)
where the value of the property stolen does not exceed two hundred rupees;
receiving or retaining stolen property, under section 411 of the Indian Penal Code, where
the value of the property does not exceed two hundredrupees;
assisting in the concealment or disposal of stolen property, under section 414 of the
Indian Penal Code, where the value of such property does not exceed two hundred
rupees.

Q 7 Short Note on Plea Bargaining?

Ans) Plea bargaining is a pre-trial negotiation between the accused and the prosecution
where the accused agrees to plead guilty in exchange for certain concessions by the
prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the
prosecutors in return drop more serious charges. In India, plea bargaining is governed by
Sections 265A to 265L of the Code of Criminal Procedure (CrPC), 1973. These sections lay
down the procedure for plea bargaining and its application.
This process is used to avoid a lengthy criminal trial. The accused may agree to plead
guilty to a less serious charge, or to one of several charges, in return for a more lenient
sentence, or for the dismissal of other charges.

It is not available for all types of crime e.g. a person cannot claim plea bargaining after
committing heinous crimes or for the crimes which are punishable with death or life
imprisonment. It’s important to note that plea bargaining is not available to offenders who
have committed crimes where the punishment is death or life imprisonment, or a prison term
exceeding seven years. Plea bargaining is also not available to those who have committed
crimes against women or children below the age of 14.

Q8 Can bail be granted for non bailable offenses?

17
Ans) Yes, bail can be granted for non-bailable offences, but it is not a matter of right. It is at
the discretion of the court or the concerned police officer. In non-bailable offences, an
accused may be granted bail if the competent authority deems it fit, and exceptional
circumstances are presented to show that bail would not harm the further process of trial and
justice.
The provisions for bail in non-bailable offenses are stipulated in Section 437 of the
CrPC. According to this section, an individual arrested or detained for a non-bailable offense
shall not be granted bail unless the court is satisfied that there exist reasonable grounds to
justify such bail.
When a person accused of a non-bailable offence is arrested or detained without a
warrant, he may be granted bail by the police officer in charge ofthe concerned police station.
However, a person who has committed a non- bailable offence doesn’t have the right to be
released on bail. The conditionsfor granting bail in non-bailable offenses include:
a) Nature and severity of the offense: The court will consider the seriousnessof the crime. If the
crime is severe, the chances of getting bail are less.
b) Punishment prescribed under the law: If the law prescribes a severe punishment for the
crime, it may be harder to get bail.
c) Likelihood of the accused tampering with evidence or fleeing from justice: If there’s a high
chance that the accused might tamper with the evidenceor try to escape, bail might not be
granted.
d) Past criminal record: If the accused has a history of criminal activities, it could affect the
decision.
e) Probability of guilt: If there’s a high probability that the accused is guilty, bail might not be
granted.
f) Exceptions for minors and women: In some cases, if the accused is a minor or a woman,
they might be granted bail.
g) Danger the accused poses to the public: If the accused is considered a threat to public
safety, bail might not be granted.
h) Possibility of absconding or tampering with evidence or threatening witnesses: If there’s
a chance that the accused might run away, tamper with evidence, or threaten witnesses,
bail might not be granted.
i) Influence of the accused: The court might consider the influence of the accused in
society.
j) Age of the accused: The age of the accused can also be a factor in the decision.
k) Exceptional circumstances that show bail would not harm further process of trial and
justice: If there are exceptional circumstances that show granting bail would not harm the
further process of trial and justice, bailmight be granted.
l) Presumption of innocence until the trial is complete: The court presumes the accused to
be innocent until proven guilty, and this can influence thedecision to grant bail.

Q 9 Write a note on Juvenile Justice Board?

Ans) The Juvenile Justice Board is an institutional body constituted under Section 4 of
the JJ Act, 2015. According to the division of powers, the subject of administration of criminal
justice has been included in the State List of the Indian Constitution. Therefore, one or more
than one Juvenile Justice Board(s) are established by the State Government for each district.
The Board exercises its powers and discharges functions relating to the ‘child in conflict with
law’ as has been defined under Section 2(13) of this Act.
The constitution of the JJB is defined under Section 4 (2) of the act. The bench possesses
all the powers that are exercised by a criminal court as under Code of Criminal Procedure.
The members are selected by a selection committee that is headed by a retired judge of High
Court and comprises of:
a) Principal Magistrate: A Judicial Magistrate First Class or Metropolitan Magistrate with an

18
 experience of three years can be appointed for this post.
b) Social workers: Two social workers from whom, one must be a woman and have an
active contribution of at least seven years in the field of health, education, or welfare
activities concerning with children.
Functions of Juvenile Justice Board:
a) Informed Participation: The JJB ensures the informed participation of the child and the
parent/guardian in every step of the process.
b) Protection of Child’s Rights: The JJB ensures that the child’s rights are protected
throughout the process of apprehending the child, enquiry, aftercare, and rehabilitation.
c) Legal Aid: The JJB ensures the availability of legal aid for the child through legal service
institutions.
d) Interpreter or Translator: The JJB provides an interpreter or translator, if the child fails to
understand the language used in the proceedings.
e) Social Investigation: The JJB directs the Probation Officer/Child Welfare Officer/Social
Worker to conduct a social investigation to ascertain the circumstances in which the
alleged offence was committed.
f) Adjudication and Disposal of Cases: The JJB adjudicates and disposes of cases of
children in conflict with law in accordance with the process of inquiry
g) Transfer of Matters: When a child in conflict with law is in need of care and protection, the
JJB simultaneously transfers such matters to the ChildWelfare Committee.
h) Individual Care Plan: The JJB includes an individual care plan for the child’s
rehabilitation in a final order disposing of the matter.
i) Declaration of Fit Persons: The JJB conducts an enquiry for declaring fit persons
regarding cases of children in conflict with law.
j) Inspection of Residential Facilities: The JJB conducts at least one monthlyinspection of the
residential facilities for children in conflict with law and recommends action for
improvement in quality of services to the District Child Protection Unit and the State
Government.
k) Registration of FIR: The JJB can order the police to register an FIR foroffences committed
against a child in conflict with law on a complaint madein this regard.
l) Inspection of Jails: The JJB conducts regular inspections of jails meant for adults to
ensure no child is locked in such jails and takes immediate measures for the transfer of
such a child to the observation home.
Powers of JJB:
The Board constituted for any district shall have the power to deal exclusively with the
proceedings under the Act
(a) in the area of jurisdiction of the Board;
(b) In matters relating to children in conflict with the law.
The powers may be exercised by the High Court or the Children’s Court, when proceedings
under Section 19 come before them or in appeal, revision or otherwise. When an alleged child
in conflict with law is produced before the Board, it shall exercise its power to hold an inquiry
according to the provisions of this Act and may pass orders as it deems fit as per provisions
of the law. The Board is also empowered to inquire into heinous offences under Section 15
of the Act. Such preliminary assessment has to be disposed of within a period of 3 months
from the date of first production of the child before the Board.

Q 10 Distinguish between complaint and FIR under CRPC?

Ans) A Complaint and a First Information Report (FIR) are two different legal procedures
under the Criminal Procedure Code (CrPC) in India.
Who can file: Anyone can file a complaint, while an FIR can only be filed by the victim, a
witness, or the police.
Where to file: A complaint can be filed with any magistrate, while an FIR can only be filed

19
 with the police.

Types of offenses covered: A complaint can be filed for any offense, while an FIR can
only be filed for cognizable offenses.

Processes involved: A complaint is a formal request submitted to authorities, while an

FIR is a formal written document filed with the police, marking the official beginning of the
investigation process In more detail:

A complaint is defined under section 2 (d) of CrPC. It is an allegation that is made orally or
in writing to a magistrate. A complaint may relate to a cognizable offence or non-
cognizable offence. A magistrate takes cognizance of an offence on a complaint made to
him. A complaint does not include the report of a police officer.

An FIR is given under Section 154 of CrPC. FIR is given to an officer incharge of a police
station. FIR is related to a cognizable offence. On FIR, the magistrate can take
cognizance. The FIR of an offence may begiven by anybody, including a police officer.

Q 11 What are the inherent powers of High Court?

Ans) Section 482 of the Code of Criminal Procedure (CrPC.) confers inherent powers upon the
High Court. These powers are not explicitly mentioned anywhere in the code. The High
Court may use its inherent authority to set aside orders made incorrectly or against the rules
of natural justice, stay proceedings, and issue directions.

The inherent power of the High Court is unique in criminal jurisprudence and is the most
potent weapon for the High Court to clear the province of criminal law jurisdiction of all vitiating
and malicious influences. The High Court shoulduse these powers only in exceptional cases.
The inherent powers under Section 482 of CrPC. include powers to quash FIR, investigation
or any criminal proceedings pending before the High Court or any Courts subordinate to it.
These powers can be exercised to secure ends of justice, prevent abuse of the process of
any court and to make suchorders as may be necessary to give effect to any order under this
Code, depending upon the facts of a given case.

The court can always take note of any miscarriage of justice and prevent the same by
exercising its powers u/s 482 of CrPC. These powers are neither limited nor curtailed by any
other provisions of the Code. However, such inherent powers are to be exercised sparingly
and with caution.
In the following cases, the inherent power of the High Court could be exercised to quash the
proceedings:
a) Where there is a legal bar against the institution or continuance of theproceedings.
b) Where the allegation in the First Information Report (FIR) or complaint does not
constitute the offence alleged.
c) Where there is no legal evidence adduced in support of the charge or the evidence
adduced clearly or failed to prove the charge.
The above list of points is not exhaustive. High Court may exercise itsinherent power in
other situations as well to serve the ends of justice.

Q 12 What are the provisions of bail under CRPC?

Ans) Bail means short-term release of an accused person awaiting trial. Bail is the judicial
release of an accused charged with the certain offence by imposing some restrictions on him
and compelling him to remain within the jurisdiction of court.
As per Sec 2(2) of CRPC 1978, “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; Eg.: Counterfeit of coin, Robbery, Murder etc., are non-bailable. But Mischief,
House trespass etc. are bailable. In bailable offences bail is a matter of course. Police
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Officers, Courts, Magistrates, Sessions Judge, High Court may release a person on bail.
“non-bailable offence” means any other offence. In non-bailable cases, bail is not allowed,
but a person may be released on bail under certain circumstances (Sn.437). In offences
punishable with death or imprisonment for life there is no bail. In Murder, counterfeit,
Sedition etc. no bail is granted.
The Code of Criminal Procedure, 1973 (CrPC.) contains elaborate provisions relating to bail.
Here are the different kinds of bail provided under the CrPC:
a) Bail in Bailable Offense (Section 436): This provision is mandatory in nature, and the
police or the court has no discretion over it2. The accused is entitled to bail as a matter of
right.
b) Bail in Non-bailable Offense (Section 437): This provision is discretionary. The court may
grant bail if it deems fit, considering the nature and gravity of the offense, the character of
the offender, and other circumstances.
c) Anticipatory Bail (Section 438): This is a pre-arrest legal process which directs that if the
person in whose favor it is issued is if thereafter arrested on the accusation in respect of
which the direction is issued, heshall be released on bail.
d) Ad Interim Bail: This is a temporary bail which may be granted pending the final hearing
of the bail application.
e) Bail after Conviction (Section 389): If a person has been convicted of an offense and his
appeal against the conviction is pending, he may be released on bail.
f) Bail on Default (Section 167(2)): If the investigation is not completed within 24 hours and
the accused is in detention, the magistrate can releasethe person on bail.
It’s important to note that the objective of bail is to ensure the accused’s appearance during
the trial while maintaining the presumption of innocence. The court has the power to impose
any condition necessary for the grant ofbail. However, these provisions should be interpreted
in light of the respectfor personal liberty and the right to a fair trial.

Q 13 Explain the procedure for investigation under the Code of Criminal Procedure
(CrPC)?
Ans) The procedure for investigation under the Code of Criminal Procedure (CrPC) is as
follows:
a) Filing of an FIR: An information of a cognisable or a non cognisable offence given under
section 154(1) of CrPC is commonly known as first information report. It is the earliest and
the first information of a cognizable offence recorded by an officer-in-charge of a police
station. It sets the criminallaw in motion and marks the commencement of the investigation
which ends up with the formation of opinion under section 169 or 170 CrPC, as the case
may be, and forwarding of a police report under section 173 CrPC.
b) Preliminary Inquiry Report: Section 157 of the CrPC provides with the provisions relating
to preliminary inquiry method. According to this, after receiving the information about the
crime, the officer in charge of the police station is empowered to investigate the case and
to send the report of the same to the Magistrate, who would then take cognizance of the
case. The Police need to go to the crime scene to collect evidence and arrest the
suspect if needed. They can also deny investigating on the ground that the case involves
some non-cognizable offences, which cannot be investigated without the order of the
Magistrate. If the investigating officer does not find any reasonable grounds to investigate,
then he is not bound to investigate, and he can inform the reasons for the same to the
magistrate.
c) Investigating the location of the crime: The police officer proceeds to thespot.
d) Ascertaining facts and circumstances of the case: The purpose is to identify the offender
and proceed him for trial so as to serve him with punishment as per the provisions of the
Code.
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e) Collecting evidence and interrogating the relevant persons: This includes examination of
persons concerned and reducing their statement to writing, search and seizure of places
and things respectively considered necessary.
f) Finding the suspect: Discovery and arrest of the suspect.
g) Formation of opinion as to whether there is a case for trial, and taking necessary steps
accordingly.
h) Sending a Report to the Magistrate (Section 158): A report is sent to theMagistrate which is
called the police report. It is sent by the superior police officer, so as to make the
Magistrate aware that a particular caseis being investigated by a police officer. The main
objective of sending a report is to enable the Magistrate to control the investigation and
give directions if required under Section 159 of the Code. The Magistrate, under Section
159, has been empowered, if he feels necessary, after receiving the report to direct
investigation, or to conduct himself or direct a subordinate Magistrate to hold a preliminary
inquiry.
i) Attendance of Witnesses: The police officer making the investigation is empowered
under Section 160 to require the attendance of any person asa witness who is acquainted
with the facts and circumstances of the case.
j) Examination of Witnesses: Any police officer who is in charge of the investigation or any
other officer who is acting on the request of an officer in charge shall and is empowered to
examine a witness or person who is acquainted or aware of the facts and circumstances of
the case put before him. Section 161 of the Code confers powers on police to examine
witnesses. The statements of witnesses are important as they can make a person guilty
or innocent. The persons who are being investigated are expected and bound to answer
truly all the questions relating to such cases put before them. They are not bound to truly
answer the questions which would expose them to a criminal charge or any other charge.
After the examination, the police officer making the investigation shall reduce the number
of statements given by the person in the course of the examination. And if done so, he
shall keep a separate record of the same. He is not bound to reduce the statements into
writing but it is preferredthat he does so.
k) Recording of Statements or Confession by Magistrate: Section 164 empowers the
Magistrate to record the statements or the confessions made by any person during the
whole investigating process, or before the commencement of the inquiry or trial. If
someone is not wanting to make the confession then the magistrate cannot force him to
do so. The confession needs to be purely voluntary.
l) Acceptability of Evidence: The confession recorded under Section 164 can be used as
evidence against the person who has made the confession. It is upon the court to
measure all the factors pertaining to the evidence and then consider it. The confession
should be presented before the courtin its entirety to decide whether it is useful or not.
m) Probing of Property or any Place important in Investigation: The power to search any
place or property is given to the police under Section 165 of CrPC. A police officer
conducting the investigation or a subordinate officerunder his order can search any place or
property, which holds any interest in the case. For searching a place, the police are required
to have a search warrant issued by the Magistrate. If the place or the property to be
searched is located outside the territory of India, then the Magistrate can write a letter
asking for permission to search that place from the authority of that area. The police
officers are required to give a proper reason, in writing, for the search along with the
materials that they are searching for. After the completion of the search, they are
supposed to send the report of the same to the Magistrate, so that he can inform the same
to the owner of the property.
Procedure to be followed on completion of Investigation (s.169-s.173)
On completion of the investigation, the following procedure is to be followed:

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n) Release of accused when evidence is deficient: When there is not sufficient evidence
and reasonable grounds to justify the forwarding of the accused to the Magistrate, the
police officer shall release him on him executing a bond, with or without sureties, and may
direct him to appearbefore the magistrate when required.
o) Cases to be sent to Magistrate when evidence sufficient: When the police officer has
sufficient evidence and reasonable grounds, he shall forward the accused to the
Magistrate, so that the Magistrate can take cognizance of the offence and try the accused or
commit him for trial. If the offence is bailable, the accused shall be given security and be
released on bail, only to appear before the Magistrate when required, and for his day to
day attendance before the Magistrate.
p) Diary of proceedings in an investigation (section 172): This section relates to the contents
of a case diary, which every police officer making an investigation has to maintain. The
object of this section is to enable the Magistrate to know what was the day to day
information by a police officer who was investigating the case. Oral statements of
witnesses should not be recorded in this case diary. This diary may be used at trial or
inquiry,not as evidence, but to assist the court in proceeding with the case.
q) Report of police on completion of the investigation: Final report of a police officer after the
completion of the investigation is to be sent to the Magistrate under Section 173. This
report is generally called a “Chargesheet” or “Challan” or Completion Report.
r) Closure Report: Closure report is the one in which it is stated that there is not enough
evidence to prove that the offence has been committed bythe accused. Once the closure
report is filed before the Magistrate, he may accept and the report the case as closed,
direct a further investigation into the case, issue a notice to the first informant as he is the
only person who can challenge the report or he may directly reject the closure and take
cognizance of the case.

Q 14 What are the salient features of probation of offenders act?

Ans) The Probation of Offenders Act, 1958, has several salient features:
a) Reformation: The main objective of the act is to reform first-time oramateur offenders
and rehabilitate them in society.
b) Protection: It secures the life of first-time offenders by giving warning or admonition for
offences under sections 379, 380, 381, 404, or 420 of the Indian Penal Code with
imprisonment of less than 2 years or fineor both.
c) Probation: The Act empowers the Court to release certain offenders on probation of
good conduct.
d) Compensation: The Act insists that the Court may order for payment by the offender
such compensation and a cost of the proceedings as it thinks reasonable for loss or
injury caused to the victim.
e) Special Protection: The Act provides special protection to persons under twenty-one
years of age not to sentence him to imprisonment.
f) Variation of Bond Conditions: The Act provides the freedom to Court to vary the
conditions of bond when an offender is released on probation of good conduct and to
extend the period of probation not to exceed three years from the date of original
order.
g) Arrest Warrant: The Act empowers the Court to issue a warrant of arrest or summons
to him and his sureties requiring them to attend the Court on the date and time
specified in the summons if an offender released on probation of good conduct fails
to observe the conditions of bond.
h) Trial and Sentence: The Act empowers the Court to try and sentence the offender to
imprisonment under the provisions of this Act.
i) Role of Probation Officers: The Act provides an important role to theprobation officers
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 to help the Court and to supervise the probationers put under him and to advise and
assist them to get suitable employment.
j) Nationwide Applicability: The Act extends to the whole of India except the State of
Jammu and Kashmir.

Q.15 Silent features of Probation of offenders Act

The Probation of Offenders Act (Act No. 28 of 1958) contains elaborate provisions relating to
probation of offenders, which are made applicable throughout the country. We will now
observe the salient features of the Act:-

The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by
providing rehabilitation in society and to prevent the conversion of youthful offenders
into obdurate criminals under environmental influence by keeping them in jails along
with hardened criminals.

It aims to release first offenders, after due admonition or warning with advice, who are
alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or
Section 420 of the Indian Penal Code and also in case of any offence punishable with
imprisonment for not more than two years, or with fine, or with both.

This Act empowers the Court to release certain offenders on probation of good
conduct if the offence alleged to have been committed is not punishable with death or
life imprisonment. However, he/she should be kept under supervision.

The Act insists that the Court may order for payment by the offender such
compensation and a cost of the proceedings as it thinks reasonable for loss or injury
caused to the victim.

The Act provides special protection to persons under twenty-one years of age by not
sentencing them to imprisonment. However, this provision is not available to a person
found guilty of an offence punishable with life imprisonment.

The Act provides freedom to the Court to vary the conditions of bond when an
offender is released on probation of good conduct and to extend the period of
probation not to exceed three years from the date of original order.

The Act empowers the Court to issue a warrant of arrest or summons to the offender
and his sureties requiring them to attend the Court on the date and time specified in
the summons if an offender released on probation of good conduct fails to observe the
conditions of bond.

The Act empowers the Court to try and sentence the offender to imprisonment under
the provisions of this Act. Such order may also be made by the High Court or any
other Court when the case comes before it on appeal or in revision.

The Act provides an important role to the probation officers to help the Court and to
supervise the probationers put under him and to advise and assist them to get suitable
employment.

The Act extends to the whole of India except the State of Jammu and Kashmir. This
Act comes into force in a State on such date as the State Government may, by
notification in the Official Gazette, appoint. It also provides liberty to State
Governments to bring the Act into force on different dates in different parts of that
State.

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 Situational Problems:

Q1 Police officer arrests Mr X on suspicion that Mr. X had committed a non bailable
offence. How long X can be kept in police custody without an order of a magistrate?
Can court give bail to “X”, under which circumstance bail can be rejected for non
bailable offence?

Ans a)The accused be detained in custody for a moment not more than twenty four hours
without a special order of a Magistrate who can order his detentionfor a term exceeding 15 days
on the whole as per Section 167 of the Code of Criminal Procedure. However, the duration
of judicial custody can be extended up to 90 days for non-bailable offences punishable with
the deathpenalty or imprisonment for 10 years or more. It’s important to note that this applies
to both bailable and non-bailable offences.

Ans b) Yes, the court can grant bail to Mr. X even if the offence is non- bailable. The
provisions for bail in non-bailable offences are stipulated in Section 437 of the Code of
Criminal Procedure (CrPC), 1973.
According to this section, an individual arrested or detained for a non-bailable offence shall not
be granted bail unless the court is satisfied that there exist reasonable grounds to justify
such bail.

However, it’s important to note that the granting of bail in non-bailable offences is not a right,
but rather at the discretion of the court. The court critically examines the facts and other
relevant factors to decide whether to grant bail or not. Examples of some serious non-
bailable offences where bail is normally not granted are (a) Murder - Section 302 (b)
Kidnapping - Section 363; (c) Robbery - Section 392 (d) Rape - Section 376; (e) Waging or
attempting to wage war, or abetting the waging of war, against the Government of India -
Section 121 etc.

Q2 Vicky was tried for theft of gold ornaments in one jewellery shop. On complaint
filed by the shop owner, Vicky was arrested. The judge found in guilty of offence
committed under section 380 of IPC. Pardon. The court ordered Vicky release after
admonition under probation of offenders at 19:58 because there was no previous
conviction of the accused Vicky and the theftwas committed due to student temptation
without any premeditation. Define probation and is probation valid in this case? Give
reasons. Explain the powersof the court to release certain offenders on probation?

Ans) Probation is a legal term that refers to a period of time when a criminal must behave well
and not commit any more crimes in order to avoid being sent to prison. It is a treatment device,
developed as a non-custodial alternative which is used by the magistracy where guilt is
established but it is consideredthat imposing of a prison sentence would do no good.
In the case of Vicky, probation is valid under the Probation of Offenders Act, 1958. As per
Section 4 of the Act, if any person is found guilty of having committed an offense not
punishable with death or imprisonment for life and the court by which the person is found
guilty is of opinion that, having regard to the circumstances of the case including the nature
of the offence and the character of the offender, it is expedient to release him on probation of
good conduct, then, notwithstanding anything contained in any other law for the time being in
force, the court may, instead of sentencing him at once to any punishment, direct that he be
released on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period, not exceeding three years, as the court may
direct and in the meantime to keep the peace and be of good behavior.
In Vicky’s case, the court found him guilty of an offense under section 380of the IPC, which is
not punishable with death or imprisonment for life. There was no previous conviction against
Vicky, and the court deemed it expedient to release him on probation of good conduct due to

25
the circumstances of the case, including the nature of the offence and the character of the
offender.Therefore, the probation is valid in this case.
Powers of the court to release certain offenders on probation
Under the Probation of Offenders Act, 1958, the court has the power to release certain
offenders on probation of good conduct. This is provided under Section 4 of the Act.
When a person is found guilty of having committed an offence not punishable with death or
imprisonment for life, and the court is of the opinion that, considering the circumstances of
the case including the nature of the offence and the character of the offender, it is expedient to
release him on probationof good conduct, the court may, instead of sentencing him at once to
any punishment, direct that he be released on his entering into a bond, with or without
sureties.
The offender is required to appear and receive sentence when called upon during such
period, not exceeding three years, as the court may direct, and in the meantime to keep the
peace and be of good behavior. However, the court shall not direct such release of an
offender unless it is satisfied that the offender or his surety, if any, has a fixed place of
domicile or regular occupation in the place over which the court exercises jurisdiction or in
which the offender is likely to live during the period for which he enters into the bond.

Q3 Mr A grievously injured with Mr B at Mumbai. Mr. B was taken to Nashik, his native
place. After long treatment. Mr. B dies in Nashik which is the ordinary place of inquiry
and trial in this case. The offense can be tried in which court?

Ans) In this case, the offence was committed in Mumbai, where Mr. A grievously injured Mr.
B, and the consequence of the offence, which is the death of Mr. B, occurred in Nashik.
According to Section 179 of the Code of Criminal Procedure (CrPC), when an act is an
offence by any reason committed at one place but its consequences occurred at another
place, then the offence may be inquired into or tried by any court within whose local
jurisdiction the offence was committed or the consequence ensued. Therefore, the ordinary
place of inquiry and trial in this case could be either Mumbai or Nashik, depending on the
discretion of the court.

Q4 Mr “A” is wounded in Mumbai and dies of his wound in Pune. The offence of causing
“A” s death would be enquired in 2 by which court the court in Mumbai or Pune? What
can be the solution, if both the court claims the jurisdiction?

Ans) In this case, the offence was committed in Mumbai, where Mr “A” was wounded, and
the consequence of the offence, which is the death of Mr. “A”, occurred in Pune. According
to Section 179 of the Code of Criminal Procedure (CrPC), when an act is an offence by any
reason committed at one place but its consequences occurred at another place, then the
offence may be inquired into or tried by any court within whose local jurisdiction the offence
was committed or the consequence ensued. Therefore, the offence could be inquired into or
tried by a court in either Mumbai or Pune, dependingon the discretion of the court.
If both the courts claim the jurisdiction, the matter can be referred to High Court of Mumbai,
who can decide about the jurisdiction, which shall beabiding by both the courts.

Q5 Mr. A is an old father having a son who is officer fetching good salary. Mr. A has
been driven out of the house of the Son and lives with friends at their mercy. Can a
claim maintenance from his son? What provisions will be attracted?
Ans) Yes, Mr. A can claim maintenance from his son. In India, under Section
125 of the Code of Criminal Procedure (CrPC), both mother and father (natural or adoptive)
can claim maintenance from their child, including from sons. This provision applies if the
parents are unable to maintain themselves. In Mr.A’s case, since he has been driven out of
his son’s house and is living with friends at their mercy, he can apply to a maintenance
tribunal seeking a monthly allowance from his son. The son, being an officer with a good
26
salary, is liable to provide maintenance to his father.
If the son has been ordered by the court to pay maintenance to Mr. A butfails to do so, Mr. A
can take the following steps:
a) Execution Proceedings: Mr. A can initiate execution proceedings against his son. When
the son fails to provide maintenance, Mr. A shall proceed with execution proceedings.
b) Non-Bailable Warrants: In case of non-adherence to the court’s order, the court can
issue non-bailable warrants in the son’s name.
c) Attachment of Property: The son’s property could be attached in order to recover the
amount.
d) Criminal Proceedings: Mr. A can initiate criminal proceedings if the son fails to comply
with the order.

Q6 Mr. X Son and daughter are seeking maintenance from Mr. X. The son is major
whereas the daughter is minor and married Advise them.

Ans) In India, both the son and the daughter have the right to claim maintenance from their
father under certain conditions.
Normally a major son is not entitled for any maintenance. However, he can claim
maintenance from his father if he is physically or mentally unfit and unable to maintain
himself. The courts have also granted maintenance to a major son in exceptional
circumstances, such as when the son is still a studentand unable to maintain himself.
For the minor married daughter, she can claim maintenance from her father if she is unable
to maintain herself. The right of maintenance for the daughter is extended until she gets
married, and even after marriage, a minor married daughter can claim for maintenance under
section 125 of CrPCif she is unable to maintain herself.

Q7 An offence is committed for which the punishment is 3 years within what time
limit cognizance for the above mentioned often should be taken?
Ans) As per Section 468 of CRPC, for an offence that is punishable with imprisonment for a
term not exceeding three years, the period of limitationfor taking cognizance of the offence is
three years. This means that the court must take cognizance of the offence within three
years of its commission. After the expiry of this period, a court cannot take cognizance of
such offences, except where, on the basis of facts and circumstances, the delay is explained
to the court or that the extension would be in the interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period of limitation starts
from the date when the offence is committed. However, inthe case of a continuing offence, a
fresh period of limitation begins to run at every moment of time during which the offence
continues.

Q8 An offence is committed for which the punishment is 1 years withinwhat

time limit cognizance for the above mentioned often should be taken?

Ans) As per Section 468 of CRPC, for an offence that is punishable withimprisonment
for a term not exceeding one year, the period of limitation fortaking cognizance of the offence
is one year. This means that the court musttake cognizance of the offence within one years of
its commission. After theexpiry of this period, a court cannot take cognizance of such offences,
exceptwhere, on the basis of facts and circumstances, the delay is explained to thecourt or that
the extension would be in the interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period of limitation starts
from the date when the offence is committed. However, in the case of a continuing offence, a
fresh period of limitation begins to run at every moment of time during which the offence
continues.

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Q9 An offence is committed for which the punishment is 6 months withinwhat
time limit cognizance for the above mentioned often should be taken?
Ans) As per Section 468 of CRPC, for an offence that is punishable withimprisonment
for a term not exceeding six months, the period of limitationfor taking cognizance of the
offence is one year. This means that the courtmust take cognizance of the offence within one
year of its commission. Afterthe expiry of this period, a court cannot take cognizance of such
offences,except where, on the basis of facts and circumstances, the delay is explainedto the
court or that the extension would be in the interests of justice.
As per Section 472 of the Code of Criminal Procedure, 1973, the period oflimitation starts
from the date when the offence is committed. However, inthe case of a continuing offence, a
fresh period of limitation begins to run at every moment of time during which the offence
continues.
Q10 X& Y are tried for murder. X, the main accused, is convicted and sentenced for
life imprisonment. However, the court acquitted Y? The state filed an appeal against
acquittal of Y. X also filed appeal against his conviction. Unfortunately, X&Y both died
in an accident.
What is the status of appeal filed by the State against the acquittal of Y?

Ans) In India, as per Section 394 of the Code of Criminal Procedure (CrPC), an appeal
against acquittal of Y shall be dismissed/abated upon the death of the accused because no
criminal action can be taken against the dead person.
However if the appeal is by the convicted person against his conviction (X in our case) and
the appellant dies during the pendency of the appeal, any of his near relatives may, within
thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the
appeal; and if leave is granted, the appeal shall not abate. If successful, it can remove the
blot ofguilt to “X”.

******

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