The Code of Criminal Procedure (CrPC)

The Code of Criminal Procedure (CrPC) is the main legislation on procedure

for administration of substantive criminal law in India. It was enacted in 1973 and came
into force on 1 April 1974. It provides the machinery for the investigation of crime ,
apprehension (uneasiness) of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and the determination
of punishment of the guilty. Additionally, it also deals with public nuisance,
prevention of offences and maintenance of wife, child and parents . At present , the
Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided
into 37 Chapters.

The Criminal Procedure Code is applicable in the whole of India except in the State of
Jammu and Kashmir. The Parliament's power to legislate in respect of Jammu &
Kashmir is curtailed by Article 370 of the Constitution of India
The Criminal Procedure Code is applicable in the whole of India except in the
State of Jammu and Kashmir. The Parliament's power to legislate in respect of Jammu
& Kashmir is curtailed by Article 370 of the Constitution of India. Provided that the
provisions of this Code, other than those relating to Chapters VIII, X and XI thereof,
shall not apply
(a) to the State of Nagaland,
(b) to the tribal areas,
However the concerned State Government may, by notification apply any or all of these
provisions in these areas. Moreover, the Supreme Court of India has also ruled that
even in these areas, the authorities are to be governed by the substance of these rules
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Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this
Code, there shall be, in every State, the following classes of Criminal Courts, namely:-
(i) Courts of Session;
District Court is referred to as Session Court when it exercises its jurisdiction on
criminal matters under The Code of Criminal Procedure.
(ii) Judicial Magistrates of the first class and, in any metropolitan area,
Metropolitan Magistrates;
These Courts are on the second lowest level of the Criminal Court structure in India.
These Courts may be established by the State Government in consultation with the
High Court of the respective State, at such places in the district and in any number
by issuing a notification. As per section 29 of CrPc these Courts may pass a
 sentence of imprisonment for a term not exceeding three years, or a fine not
exceeding five thousand rupees, or both.
(iii) Judicial Magistrates of the second class
These Courts may be established by the State Government in consultation with the
High Court of the respective State, at such places in the district and in any number
by issuing a notification. As per section 29 (3) of CrPc, these Courts shall reward
imprisonment for a term not exceeding one year, or fine not exceeding one thousand
rupees, or both.
(iv) Executive Magistrates
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Difference between Cognizable & Non-Cognizable

offenses
COGNIZABLE OFFENCES:

Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences.

Cognizable offence/case means a case in which, a police officer may arrest without
warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any
other law for the time being in force. Cognizable offenses are usually offenses which are
serious in nature. Like for example:

 Waging or attempting to wage war, or abetting the waging of war against the
government of India,
 Murder,
 Rape,
 Dowry Death,
 Kidnapping,
 Theft,
 Criminal Breach of Trust,
 Unnatural Offenses.

Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable
offence the Police Officer has to receive the First Information Report (FIR) relating to
the cognizable offense.
Any officer-in-charge of a Police Station, without the order of a magistrate, investigate
any cognizable case which a court having jurisdiction over the local area within the
limits of such station would have power to inquire into or try under the provisions of the
Criminal Procedure Code. 1973.
The Supreme Court of India, in Lalita Kumari vs. Govt. of UP on 12 November, 2013 held that ‘the
police must compulsorily register the FIR on receiving a complaint if the information discloses a
cognizable offence, and no preliminary inquiry is permissible in such a situation’. The police cannot
refuse to register the case on the ground that it is either not reliable or credible. . Further, refusal to
record FIR on the ground that the place of crime does not fall within the territorial jurisdiction of the
police station, amount to dereliction of duty. Information about cognizable offence would have to be
recorded and forwarded to the police station having jurisdiction

NON COGNIZABLE OFFENCES:

A non-cognizable offence has been defined in Section 2(l) of Criminal Procedure Code
1973. Non-cognizable offence means an offence for which, and `non-cognizable case’
means a case in which, a police officer without any warrant has no authority to arrest.

Non-Cognizable offenses are not much serious in nature. Example-

 Assault,
 Cheating,
 Forgery,

Section 155 of Criminal Procedure Code 1973 provides that in a non-cognizable offense
or case, the police officer cannot receive or record the FIR unless he obtains prior
permission from the Magistrate. In case of Non-Cognizable offence, it is important for
the police officer to obtain the permission from the Magistrate to start the investigation.
In such offences for arrest, following steps have to be followed:
1. Filing of complaint/F.I.R.
2. Investigation
3. Charge sheet,
4. Charge sheet to be filed in court
5. Trial
6. Final order of arrest if case has been made out.
7. Kunhumuhammed v. State of Kerala the court held that the report of a police officer
following an investigation contrary to S. 155(2)[3] could be treated as complaint under S. 2(d)
and S. 190(1)(a). It is necessary that at the commencement of the investigation the police officer
is led to believe that the case involved the commission of a cognizable offence or has a doubt
about the same and investigation establishes only commission of a non- cognizable offence.

Ordinarily a private citizen intending to initiate criminal proceedings in respect of an

offence has two courses open to him. He may lodge an FIR before the police if the
offence is cognizable one; or he may lodge a complaint before a competent judicial
magistrate irrespective of whether the offence is cognizable or non-cognizable.

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First Information Report (FIR)
An information given under sub-section (1) of section 154 CrPC is commonly known as
first information report though this term is not used in the Criminal Procedure Code (in
short CrPC). 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, and forwarding of a police report
under section 173 CrPC.
All other information made orally or in writing after the commencement of the
investigation into the cognizable offence disclosed from the facts mentioned in the first
information report and entered in the station house diary by the police officer or such
other cognizable offences as may come to his notice during the investigation, will be
statements falling under section 162 CrPC. No such information/statement can properly
be treated as an FIR and entered in the station house diary again, as it would in effect
be a second FIR and the same cannot be in conformity with the scheme of CrPC.
Take a case where an FIR mentions cognizable offence under section 307 or 326 IPC
and the investigating agency learn during the investigation or receive fresh information
that the victim died, no fresh FIR under section 302 IPC need be registered which will
be irregular; in such a case alteration of the provision of law in the first FIR is the proper
course to adopt.
Let us consider a different situation in which H having killed W, his wife, informs the
police that she is killed by an unknown person or knowing that W is killed by his mother
or sister, H owns up the responsibility and during investigation the truth is detected, it
does not require filing of fresh FIR against H – the real offender who can be arraigned in
the report under section 173(2) or 173(8) of CrPC, as the case may be.

Purpose and Object :

The purpose of registration of FIR is manifold that is to say

1. To reduce the substance of information disclosing commission of a cognizable

offence, if given orally, into writing.
2. If given in writing to have it signed by the complainant.
3. To maintain record of receipt of information as regards commission of cognizable
offences.
4. To initiate investigation on receipt of information as regards commission of
cognizable offence.
5. To inform Magistrate forthwith of the factum of the information received.

The principal object of the FIR from the point of view of the informant is to set the criminal
law in motion and from the point of view of the investigating authorities is to obtain
information about the alleged criminal activity so as to be able to take suitable steps to
trace and bring to book the guilty.

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, or to show that the implication of the accused was not an after-
thought. It can also be used under section 8 and section 11 of the Evidence Act. Obviously, the FIR
cannot be used for the purposes of corroborating or contradicting or discrediting any witness other than
the one lodging the FIR. It cannot be used for corroborating the statement of a third party. If the FIR is of
a confessional nature it cannot be proved against the accused-informant, because according to section
25 of the Evidence Act, no confession made to a police officer can be proved as against a person accused
of any offence. But it might become relevant under section 8 of the Evidence Act.

What you will do when police officer refuse to register FIR?

The police cannot refuse to register the case on the ground that it is either not reliable or credible. .
Further, refusal to record FIR on the ground that the place of crime does not fall within the territorial
jurisdiction of the police station, amount to dereliction of duty. Information about cognizable offence
would have to be recorded and forwarded to the police station having jurisdiction

……………………………………………………………………………………………………………………………………………………………Q.
What is an offence?
General Concept of Offence
A violation of a penal (Punishing) law is an offence. Thus, any act which is deemed as
an offence by any law is an offence. In general, such act which causes a violation of
rights of others or cause harm to others and is so dangerous that is also affects the
society at large is designated as offence by the legislature through the acts of the
parliament. Section 2(n) of CrPC defines an offence as follows -
Section 2(n) - "Offence" means any act or omission made punishable by any law for
the time being in force and includes any act in respect of which a complaint may be
made under section 20 of the Cattle-trespass Act, 1871.
Further Section 39(2) says that act committed outside India is also an offence if that act
would be an offence if committed in India.

It is important to note that an act is not offence unless it is clearly defined as an offence
by any piece of legislature. Thus, to be an offence, the legislature must designate it to
be an offence. Several Acts and Legislations defines such acts which constitute
offences. The main among them is the Indian Penal Code. It defines acts ranging from
theft and murder to fraud and criminal breach of trust and makes them offences.
Examples of other acts which defines offences are Wildlife Protection Act, Prevention of
Corruption Act, Narcotic Drugs and Psychotropic Substances Act, Environmental
Protection Act. These Acts defines certain activities related to the focus of the Act as
offences. Some Acts such as Prevention of Corruption Act and Narcotic Drugs and
Psychotropic Substances Act also specify the mode of trial for the offences that they
define, while some specify that trial for their offences will be held as per the provisions
of Cr PC.
Separate charges for distinct offences

1) For every distinct offence of which any person is accused there shall be a separate
charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and the
Magistrate is of opinion that such person is not likely to be prejudiced thereby, the
Magistrate may try together all or any number of the charges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219,
220, 221 and 223.

Illustration

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion.
A must be separately charged and separately tried for the theft and causing grievous hurt.

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Q. What is Bail?
The purpose of arrest and detention of a person is primarily to make sure that the
person appears before the court at the time of trial and if he is found guilty and is
sentenced to imprisonment, he must be made available to serve his sentence.
However, if it is reasonably evident that the person charged with an offence can be
made available for the above mentioned purposes without keeping him imprisoned, then
it is unfair to keep him in custody until his guilt is proven. It is a violation of a person's
fundamental right to restrict the person's liberty without any just cause.

Bail is one such mechanism which is used to ensure the presence of an accused
whenever required by the court. CrPC does not define the term Bail, but essentially, Bail
is an agreement in which a person makes a written undertaking to the court. A person
who is in custody, because he or she has been charged with an offence or is involved in
pending criminal proceedings, may apply to be released on Bail. Normally, in signing a
bail agreement a person undertakes that he will be present every time the matter is in
court until the proceedings are finished, will comply with any conditions set out in the
agreement as to conduct while on Bail, and will forfeit a specified sum of money if the
person fails, without proper excuse, to comply with any term or condition of the
agreement. Two authorities that may grant bail are the police and the courts. A person
may be required to provide a security as well. But it is not necessary. A person may also
be let off on his own bond. In the case of Moti Ram vs State of MP, AIR 1978, SC held
that a Bail covers both release on one's own bond with or without surety.

Q. When and When not can Bail be granted?

As mentioned earlier, the purpose of Bail is to ensure the appearance of an accused
before the court whenever required. However, granting bail is not advisable in all cases.
For example, a murder, if let loose, may try to intimidate the witnesses, or he may even
abscond altogether. This is very bad for the society in general and reflects bad on the
justice system. Thus, various rules and procedures have been formulated to make sure
that only the deserving are released on bail. They try to achieve a balance between the
rights of the accused and the protection of the society and effectiveness of the justice
system.

The working of the bail system in India was highlighted in the case of Hussainara
Khaton vs Home Secretory, 1980. It came to the courts attention for the first time that
thousands of people were rotting in jails for 3 to 10 years for petty crimes which do not
have punishment more than 6 months to an year. This was because they were unable
to pay bond money for bail and the courts were too backlogged to hear their cases. In
this respect, J Bhagwati observed that the courts must abandon the antiquated concept
under which pretrial release is ordered only against bail with sureties.

Thus, in general, the intention of the justice system is to give bail and not jail before the
accused is convicted. It is said that since the accused is presumed innocence, he must
be released so that he can fight for his defense. Thus, releasing a person on bail is a
rule, while denying bail is an exception.

Provisions for Bail can be categorized by the type of offence committed i.e. bailable
offence or non-bailable offence -

Bail for Bailable offences -

A person accused of a bailable offence can demand to be released on bail as a matter

of right. This is provided for by Section 436.
Section 436 - When any person other than a person accused of a non-bailable offence
is arrested or detained without warrant by an officer in charge of a police station, or
appears or is brought before a court, and is prepared at, any, time while-in the custody
of such officer or at any stage of the proceeding before such court to give bail, such
person shall be released on bail.
Further, such officer or court, if he or it thinks fit, may, instead of taking bail from such
person, discharge him on his executing a bond without sureties for his appearance.
Section 50(2) imposes an obligation on the police officer to notify the detained person
about his right to get bail if he is detained on a bailable offence.
The right to bail cannot be nullified by imposing a very high amount for bail. Section
440(1) specifically provides that the amount of bail cannot be unreasonably high.
An amendment to Section 436 mandates that an indigent person, who is unable to
provide any bail amount, must be released. If a person is unable to provide bail amount
for a week, then he can be considered indigent.
Section 436 A allows a person to be released on his own surety if he has already spent
half the maximum sentence provided for the alleged crime in jail. However, this does not
apply if death is one of the punishments specified for the offence.
Bail for Non-Bailable offences -

When a person is detained for a non-bailable offence, he cannot demand to be released

on bail as a matter of right. He can, however, request the court to grant bail. The
provisions in this case are governed by Section 437/

Section 437 - When any person accused of, or suspected of, the commission of any
non-bailable offence is arrested or detained without warrant by an officer-in-charge of a
police station or appears or is brought before a Court other than the High Court or Court
of session, he may be released on bail. If it appears to such officer or Court at any
stage of the investigation, inquiry or trial, as the case may be, that there are no
reasonable grounds for believing that the accused has committed a non-bailable
offence, but there are sufficient grounds for further inquiry into his guilt, the accused
shall be released on bail, or, at the discretion of such officer or Court, on the execution
by him of a bond without sureties for his appearance. A police officer or the court may
also release a person from custody if he feels that there are any special reasons. But he
must record his reasons in writing.

Supreme Court, in the case of Narsimhulu, AIR 1978, has given a set of considerations
that must be given while giving bail in case of non-bailable offences. These are -

1. the nature of the crime

2. the nature of the charge, the evidence, and possible punishment
3. the possibility of interference with justice
4. the antecedents of the applicant
5. furtherance of the interest of justice
6. the intermediate acquittal of the accused
7. socio-geographical circumstances
8. prospective misconduct of the accused
9. the period already spent in prison
10. protective and curative conditions on which bail might be granted.

If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable
offence is not concluded within a period of sixty days from the first date fixed for taking
evidence in the case, such person shall, if he is in custody during the whole of the said
period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be
recorded in writing, the Magistrate otherwise directs.
If, at any time, after the conclusion of the trial of a person accused of a non-bailable
offence and before judgment is delivered, the Court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it
shall release the accused, if he is in custody, on the execution by him of a bond without
sureties for his appearance to hear judgment delivered.

If the investigation is not done within 24 hours, the arrested person must be bought
before the court and if required, the police must make a case to extend the detention.
The court may extend the detention by 15 days. However, the detention cannot extend
more than 60 days (or 90 days, if the offence is punishable by death or imprisonment for
life), after which the accused must be released on bail. This provision applies for
bailable as well as non-bailable offence.
Section 436 A allows a person to be released on his own surety if he has already spent
half the maximum sentence provided for the alleged crime in jail. However, this does not
apply if death is one of the punishments specified for the offence.

Conditions on Bail
As per Section 437, if any person accused of an offence punishable with 7 yrs or more
of imprisonment is released on bail, the court may impose any condition on the bail to
ensure that the person will attend the court in accordance with the bond executed by
him, or to ensure that the person will not commit a similar offence or otherwise in
interest of justice.

Special Powers of Hight Court and Court of Session regarding Bail

Section 439 gives special powers to High Court and Court of Session regarding bails.
These are as follows -
1. A High Court or Court of Sessions may direct that any person accused of an offence
and in custody be released on bail. It may also impose any condition which it considers
necessary. It may set aside or modify any condition imposed by a Magistrate when
releasing any person on bail.
2. The High Court or the Court of Sessions shall, before granting bail to a person who is
accused of an offence which is triable exclusively by the Court of Sessions or which,
though not so triable, is punishable with imprisonment for life, give notice of the
application for bail to the Public Prosecutor unless it is, for reasons to be recorded in
writing, of opinion that it is not practicable to give such notice.
3. A High Court or Court of Sessions may direct that any person who has been released
on bail under this chapter be arrested and commit him to custody.

When can bail be denied -

1. As per Section 436(2), if a person has violated the conditions of the bail-bond
earlier, the court may refuse to release him on bail, on a subsequent occasion in the
same case. He can also be asked to pay penalty for not appearing before the court as
per the conditions of the previous bail.
2. It is clear that the provision for bail in case of non-bailable offences gives a
discretionary power to the police and and court. However, this power is not totally
without any restraint. Section 437 disallows bail to be given in the following conditions.

1. if there appears reasonable grounds for believing that the person has been guilty
of an offence punishable with death or imprisonment for life;
2. if such offence is a cognizable offence and the person has been previously
convicted of an offence punishable with death, imprisonment for life or
 imprisonment for seven years or more, or he had been previously convicted on
two or more occasions of a non-bailable and cognizable offence. The
person may, however, be released on bail if such person is under the age of
sixteen years or is a woman or is sick or infirm.
3. Persons accused of Dowry Death -
Cancellation of Bail
Although there was no provision for cancellation of the bail in the old code, the
SC in Talib's case (AIR 1958) held the absence of such provision as a lacuna
and recognized the power of High Court of cancellation of bail. In the new code,
as per section 437 (5) any Court which has released a person on bail under
section 437(1) or 437(2), may direct that such person be arrested and commit
him to custody. This basically cancels the bail. However, it must be noted that
only the court that has given the bail can cancel it. Thus, a bail given by a police
officer cannot be canceled by a court under this section. To do so the special
power of High Court or Court of Session under Section 439 has to be invoked.
The new Section 439 explicitly gives the power to High Court and Court of
Session to direct that any person who has been released on bail be arrested and
to commit him to custody.

The power given by Section 439 for cancellation has no riders. It is a

discretionary power. It is not necessary that some new events should take place
subsequent to the offender's release on bail for the Sessions Judge to cancel his
bail, however, the court usually bases its decision of cancellation on subsequent
events. For example, in the case of Surendra Singh vs State of Bihar 1990,
Patna HC pointed out that a bail may be cancelled on following grounds -
1. When the accused was found tampering with the evidence either during the
investigation or during the trial
2. when the accused on bail commits similar offence or any heinous offence
during the period of bail.
3.when the accused had absconded and trial of the case gets delayed on that
account.
4. when the offence so committed by the accused had caused serious law and
order problem in the society
5. if the high court finds that the lower court has exercised its power in granting
bail wrongly
6. if the court finds that the accused has misused the privileges of bail
7. when the life of accused itself is in danger

Appeal Provision for Bail

It has been held that an order granting bail is an interlocutory order and so it
cannot be challenged under the revisional jurisdiction of the Session Court or
High Court. In general, there is no right of appeal against the decision of refusing
the bail. However, a person can alway file for Special Leave Petition to High
 Court or Supreme Court against such decision.
Some acts, such as POTA, explicitly grant a right to appeal against a decision of
refusal of bail to special courts.
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Q. What do you understand by Anticipatory bail? When is it

granted and when it may be refused? What is the difference
between the general provisions of anticipatory bail and
regular bail?
It has been observed that many cases are instigated against a person just because of
political motivation or personal vendetta (crusade). They lack enough evidence and are
meant to harass a person by getting him arrested. When a person apprehends such
situation he may apply to Court of Session or the High Court under Section 438 for a
direction that he be released on bail upon his arrest. This provision is commonly known
as Anticipatory Bail, i.e bail in anticipation of an arrest. Anticipatory bail is technically an
incorrect term because a bail can be given only if a person has already been arrested.
In this case, the court directs that the person be released on bail as soon as he is
arrested. Thus, it is a direction to provide bail and not the bail itself.

Section 438 - When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to the High Court
or the Court of Sessions for a direction under this section, and that Court may, if it thinks
fit, direct that in the event of such arrest, he shall be released on bail.

While applying under this section, the person has to explain the circumstances because
which he believes he might be arrested. Mere hunch or fear is not enough. He must
also provide such evidence that shows there is a reasonable probability that he will be
arrested on accusation of a non-bailable offence. Further, the direction under this
section can be given only upon a specific offence. A generic direction or a blanket order
to be released whenever the applicant is arrested and on whatever offence is not
allowed.

In granting such a direction the court takes into account the following considerations -
1. The nature and gravity of the accusation.
2. The antecedents on the applicant including the fact as to whether he has previously
been imprisoned upon a conviction by a court in respect of a cognizable offence.
3. The possibility of the accused to flee from justice
4. whether the accusation has been made with the object of injuring or humiliating the
applicant by having him arrested.

The order may also include conditions such as the person shall make himself available
for interrogation by a police officer whenever required, the person shall not leave India,
the person shall not make any inducement, threat, or promise to any person acquainted
with the facts of the case, or any other condition that the court may think fit.
It is clear from Section 438(1) that the power to grant anticipatory bail is given
concurrently to Court of Session and High Court. Thus, a person can approach either of
the courts to get this relief.
As per Section 438 A, the court may also grant an interim order and in that case an
opportunity is given to the public prosecutor present his arguments on why the applicant
should not be given bail. Further, as per Section 438 B, if the court finds it necessary, it
may require the applicant to be present personally at the time of final determination of
the interim order.
A bail under the direction of this section is equivalent to the bail given under Section
437(1) and so it is applicable until the conclusion of the trial.
Refusal of Anticipatory Bail
Although, there is no specific provision that prohibits granting anticipatory bail, there are
certain situations where such bail is normally not granted. These are -
1. In case of dowry death or wife harassment.
2. In case of economic offences
3. In case of atrocious crimes

Anticipatory bail cannot be applied for after the person is arrested. After arrest, the
accused must seek remedy under Section 437.
Some high courts have held that the grounds mentioned in Section 437 for denying
regular bail are applicable for anticipatory bail as well. Thus, a person accused of an
offence that entails a punishment of death or life imprisonment will not be given
anticipatory bail.
In general, the court has a wide discretion in granting anticipatory bail. So the court may
deny this relief if it feels that it is not in the interest of justice.
Cancellation of Anticipatory Bail
There is no specific provision that allows a court to cancel the order of anticipatory bail.
However, in several cases it has been held that when Section 438 permits granting
anticipatory bail, it is implicit that the court making such order is entitled upon
appropriate considerations to cancel or recall the order.
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Q. Describe the organization of police, prosecutor, defense

counsel and prison authorities and their functions, duties, and
powers.
Police
The ordinary criminal courts derive their existence from CrPC. However, CrPC does not
say anything about the constitution of Police. It assumes the existence of police and
devolves various powers and responsibilities on to it.

Functions -
As per The Police Act, 1861, the police force is an instrument for the prevention and
detection of crime.

Organization -
Every state establishes its own police force which is formally enrolled. The force
consists of such number of officers and men and is constituted in such manner as the
state govt. may decide from time to time. The overall administration of police in the
entire state is done by Director General of Police. The administration of police in a
district is done by District Superintendent of Police under the general control and
direction of District Magistrate who is usually the Collector of the district. Every police
officer appointed to the police force, other than Inspector General of Police and District
Superintendent of Police, receives a certificate in prescribed form by virtue of which he
is vested with the powers, functions and privileges of a police officer.

The Police Act, 1888 also empowers the Central Govt to create special police districts
and to extend the jurisdiction of police of any state to that district. The Police Act 1949,
creates a police force for Union Territories.

Powers -
1. The Cr P C confers specific powers on the members of police force who are enrolled
as police officers. These powers include power to make an arrest, search, and
investigate. Wider powers have been given to police officers in charge of a police
station. As per Section 2(s), police station means any post or place that is generally or
specially designated by the state govt as a police station. Further, as per Section 2(o)
officer in charge of a police station includes the officer who is present at the police
station and is next in rank to the police officer in charge, if he is on leave or is absent.
This only increases the importance of the police officer in charge of a police station.
2. Section 36 of CrPC specifies that officers of police who are superior in rank to police
officer in charge of a police station can exercise all the powers of that police officer. In
the case of State of Bihar vs J A C Saldanha SCC 1980, SC held that if the Inspector
General (Vigilance) is an officer superior to the officer in charge of the police station he
can exercise the powers of that officer through out the territory to which the superior
officer has been appointed, which, in this case is the entire territory of Bihar.

Duties -

Prosecutor
A crime is a wrong not only against an individual but is also against the society. It is
because of this reason that the state, which represents the collective of people,
participates in the criminal trial of an accused, specially if the crime is of cognizable
nature. Public Prosecutor or Assistant Public Prosecutor is the state counsel for such
trials. As per section 2(u), Public Prosecutor means any person appointed under
Section 24 and includes any person acting under the directions of the public prosecutor.
Section 24 of CrPC specifies the rules for appointment of Public Prosecutor. A person
shall be eligible to be appointed in High Court as Public Prosecutor if he has been in
practice as an advocate for not less than seven years. The appointment can be made
only after consultation with the High Court. Further, the central govt. can appoint a
Public Prosecutor for conducting in a high court any prosecution, appeal, or other
proceeding on behalf of the Central Govt.

Assistant Public Prosecutor are appointed under Section 25. It authorizes the State
Govt. to appoint one or more APPs for every district for conducting any case in Court of
Magistrates. No police officer is allowed to be appointed as APP.

Duties -
Duty of a public prosecutor mainly consists in conducting the prosecution on behalf of
the state. His goal is not merely to produce a conviction but the help the court arrive at a
just decision. He also appears as the state counsel in criminal appeals, revisions, and
such other matters in the Session Courts and High Court. It is important to note that he
does not appear on behalf of the accused.

Powers -
1. As per Section 301, a Public Prosecutor or Assistant Public Prosecutor has the
authority to appear and plead before any court in any case entrusted to him.
2. As per Section 321, he can withdraw from the prosecution against any person with
the consent of the court.
According to the pattern set by CrPC, Public Prosecutors conduct the proceedings in
Session Courts and the High Courts and Assistant Public Prosecutors are appointed for
conducting prosecution in Magistrates' Courts. As per prevailing practice, in respect of
cases initiated on police reports, the prosecution is conducted by the APP and in cases
initiated on a private complaint the prosecution is either conducted by the complainant
himself or by his duly authorized counsel.

Defense Counsel
As per Section 303, any person accused of an offence before a Criminal Court has a
right to be defended by a pleader of his choice. Such pleaders are not in regular
employment of the state and a paid remuneration by the accused person. Since, a
qualified legal practitioner on behalf of the accused is essential for ensuring a fair trial,
Section 304 provides that if the accused does not have means to hire a pleader, the
court shall assign a pleader for him at state's expense.

At present there are several schemes through which an indigent accused can get free
legal aid such as Legal Aid Scheme of State, Bar Association, Legal Aid and Service
Board, and Supreme Court Senior Advocates Fee Legal Aid Society. The Legal
Services Authorities Act, 1987 also provides free legal aid for the needy.

Prison Authorities
CrPC presumes the existence of Prisons and Prison authorities. The code empowers
magistrates and judges under certain circumstances to order detention of under trial
prisoners in jail during the pendency of proceedings. The code also empowers the
courts to impose sentences of imprisonment on convicted persons and to send them to
prison authorities. However, the code does not make specific provisions for creation and
administration of prison authorities. These matters are dealt with in separate acts such
as The Prisons Act 1894, The Prisoners Act, 1900, and the Probation of Offenders Act
1958.
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ARREST
Arrest means apprehension of a person by legal authority so as to cause deprivation of
his liberty. Thus, after arrest, a person's liberty is in control of the arrester. Arrest is an
important tool for bringing an accused before the court as well as to prevent a crime or
prevent a person suspected of doing crime from running away from the law. Cr P C
contemplates two types of arrests - an arrest that is made for the execution of a warrant
issued by a magistrate and an arrest that is made without any warrant but in
accordance with some legal provision that permits arrest.
Section 41 to 44 contain provisions that govern the arrest of a person by police and
private citizens, while Section 46 describes how an arrest is a made.
Arrest without warrant
There are situations when a person may be arrested by a police officer, a magistrate or
even private citizen without a warrant. These are described in Section 41, 42, 43, and
44 as follows -

Arrest by Police - Section 41. When police may arrest without warrant
(CIPSODOBO)
(1) Any 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 reasonably 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.
(2) 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 persons specified in
section 109 or section 110.

In the case of Joginder Kumar vs State of UP, CrLJ, 1994, it was held that no arrest
can be made merely because it is lawful to do so. There must be a justifiable reason to
arrest. Further, in State vs Bhera, CrLJ, 1997, it was held that the "reasonable
suspicion" and "creditable information" must relate to definite averments which must be
considered by the Police Officer himself before he arrests the person.
Section 42 allows a police officer to arrest a person for a non-cognizable offence, if he
refuses to give his name and residence. As per Section 42(1), when any person who,
in the presence of a police officer, has committed or has been accused of committing a
non-cognizable offence refuses, on demand of such officer, to give his name and
residence or gives a name or residence which such officer has reason to believe to be
false, he may be arrested by such officer in order that his name or residence may be
ascertained. However, as per sub clause (2), the person must be released when the
true name and residence of such person have been ascertained. He may be required to
execute a bond, with or without sureties, to appear before a Magistrate if necessary.

Provided that, if such person is not resident in India, the bond shall be secured by a
surety or sureties resident in India.Further, as per sub clause (3), should the true name
and residence of such person not be ascertained within twenty-four hours from the time
of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient
sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Arrest by Private person

Even private persons are empowered to arrest a person for protection of peace in
certain situations. This is important because police cannot be present at every nook and
corner and it is up to private citizens to protect the society from disruptive elements or
criminals. As per section 43(1), any private person may arrest or cause to be arrested
any person who in his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, shall make over or cause to be
made over any person so arrested to a police officer, or, in the absence of a police
officer, take such person or cause him to be taken in custody to the nearest police
station. Thus, if a person is drunk and is committing assault on others, he may be rightly
arrested by any citizen and taken to the nearest police station.

However, it is important to note that this power can be exercised only when the person
making an arrest is under a bona fide impression that a non-bailable and cognizable
office is being committed in his presence. One does not have a right to arrest on mere
suspicion or on mere opinion that an offence has been committed.

Procedure on arrest by private person -

As mentioned above, the private person must take the arrested person to the police
officer or police station without any reasonable delay. If he keeps the person in his own
custody, he will be guilty of wrongful confinement as given in Section 342 of IPC.
As per section 43(2), If there is reason to believe that such person comes under the
provisions of section 41, a police officer shall re-arrest him. Further, as per section
43(3), if there is reason to believe that he has committed a non-cognizable offence, and
he refuses on the demand of a police officer to give his name and residence, or gives a
name or residence which such officer has reason to believe to be false, he shall be
dealt with under the provisions of section 42; but if there is no sufficient reason to
believe that he has committed any offence, he shall be at once released.

A new provision has been incorporated as Section 50A, which makes it obligatory for
the police officer or any other person making an arrest to give the information regarding
such arrest and place where the arrested person is being held to any of his friends,
relatives or such other persons as may be disclosed or nominated by the arrested
person for the purpose of giving such information. Further, the police officer shall inform
the arrested person of his rights under subsection as soon as he is brought to the police
station. He must make an entry of the fact as to who has been informed of the arrest of
such person in a book to be kept in the police station in such form as may be prescribed
in this behalf by the State Government. It is the duty of the Magistrate before whom
such arrested person is produced, to satisfy himself that the requirements of this section
has been complied with in respect of such arrested person.

Arrest by Magistrate
As per Section 44(1), when any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order
any person to arrest the offender, and may thereupon, subject to the provisions herein
contained as to bail, commit the offender to custody. Further, (2) Any Magistrate,
whether Executive or Judicial, may at any time arrest or direct the arrest, in his
presence, within his local jurisdiction, of any person for whose arrest he is competent at
the time and in the circumstances to issue a warrant.

Important thing to note here is that magistrates have wider power than private citizen. A
magistrate can arrest on the ground of any offence and not only on cognizable offence.
As held in the case of Swami Hariharanand Saraswati vs Jailer I/C Dist. Varanasi,
AIR 1954, the arrested person must be produced before another magistrate within 24
hours, otherwise his detention will be illegal.

Arrest how made -

Section 46 describes the way in which an arrest is actually made. As per Section
46(1), unless the person being arrested consents to the submission to custody by words
or actions, the arrester shall actually touch or confine the body of the person to be
arrested. Since arrest is a restraint on the liberty of the person, it is necessary for the
person being arrested to either submit to custody or the arrester must touch and confine
his body. Mere oral declaration of arrest by the arrester without getting submission to
custody or physical touching to confine the body will not amount to arrest. The
submission to custody may be by express words or by action. For example, as held in
the case of Bharosa Ramdayal vs Emperor AIR 1941, if a person makes a statement
to the police accusing himself of committing an offence, he would be considered to have
submitted to the custody of the police officer. Similarly, if the accused proceeds towards
the police station as directed by the police officer, he has submitted to the custody. In
such cases, physical contact is not required. In case of Birendra Kumar Rai vs Union
of India, CrLJ, 1992, it was held that arrest need not be by handcuffing the person, and
it can also be complete by spoken words if the person submits to custody.

Section 46(2) If such person forcibly resists the endeavor to arrest him, or attempts to
evade the arrest, such police officer or other person may use all means necessary to
effect the arrest. Thus, if the person tries to runaway, the police officer can take actions
to prevent his escape and in doing so, he can use physical force to immobilize the
accused. However, as per Section 46(3), there is no right to cause the death of the
person who is not accused of an offence punishable with death or with imprisonment for
life, while arresting that person. Further, as per Section 49, an arrested person must
not be subjected to more restraint than is necessary to prevent him from escaping.

Due to concerns of violation of the rights of women, a new provision was inserted in
Section 46(4) that forbids the arrest of women after sunset and before sunrise, except
in exceptional circumstances, in which case the arrest can be done by a woman police
officer after making a written report and obtaining a prior permission from the concerned
Judicial Magistrate of First class.

In Kultej Singh vs Circle Inspector of Police, 1992, it was held that keeping a person
in the police station or confining the movement of the person in the precincts of the police station
amounts to arrest of the person

Cr P C gives wide powers to the police for arresting a person. Such powers without
appropriate safeguards for the arrested person will be harmful for the society. To ensure
that this power is not used arbitrarily, several restraints have been put on it, which,
indirectly, can be seen as recognition of the rights of a person being arrested. Further,
once arrested, a person is already at a disadvantage because of his lack of freedom
and so he cannot take appropriate steps to defend himself. Thus, to meet the needs of
"fair trial", several provisions are given in CrPC, that give specific rights to an arrested
person. These rights can be described as follows –
 1. Right to know the grounds of arrest - Section 50(1)
 2. Right to be informed of the provision for bail - Section 50(2)
 3. Right to be taken to magistrate without delay
 4. Right to consult Legal Practitioner - Art 22 (1)
 5. Right to free legal aid - Art 21 and Section 304 –
 6. Right to be informed about the right to inform of his arrest to his relative or friend –
 7. Right to be examined by a medical practitioner

When can a court issue a Warrant in a case in which it is empowered to

issue summons
As per Section 87 a court may issue a warrant even in a case in which it is empowered only to
issue a summons. A court can issue a warrant either before issuing a summons or even after
issuing a summons. It may do so if it has reason to believe that the person has absconded or
that the person will not obey the summons. Further, a court may issue a warrant if the summons
was duly served and still the person fails to appear before it at the required date and time
without any reasonable excuse. The court must record its reasons to do so.

It must be noted that Section 204 empowers the court to issue a summons even for a warrants
case if it believes that a summons is sufficient to enforce the appearance of the person before it,
while Section 87 empowers the court to issue a warrant even in a summons cases, if
reasonable causes exist. In general, a warrant ought not to be issued where a summons can
serve the purpose and care should be exercised by the court to satisfy itself that upon the
materials present before it, it was necessary to issue a warrant. In Anoop Singh vs Cheelu
AIR 1957, it was held that this applies to an accused as well as a witness. But where the court
has no power to issue a summons, it cannot issue a warrant under this section. In P K Baidya
vs Chaya Rani AIR 1995, it was held that when a witness avoids his appearance in spite of the
summons being appropriately served, court can take steps for securing his presence under this
section.

When can a warrant be issued for recovery of a fine

Section 421 - Warrant for levy of fine-
(1) When an offender has been sentenced to pay a fine, the Court passing the sentence
may take action for the recovery of the fine in either or both of the following ways, that is
to say, it may,-
(a) issue a warrant for the levy of the amount by attachment and sale of any movable
property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorizing him to realize the amount
as arrears of land revenue from the movable or immovable property, or both, of the
defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender
shall be imprisoned, and if such offender has undergone the whole of such
imprisonment in default, no Court shall issue such warrant unless, for special reasons to
be recorded in writing, it considers it necessary so to do, or unless, it has made an order
for the payment of expenses or compensation out of the fine under Section 357.
(2) The State Government may make rules regulating the manner in which warrants
under Clause (a) of sub-section (1) are to be executed, and for the summary
determination of any claims made by any person other than the offender in respect of
any property attached in execution of such warrant.
(3) Where the Court issues a warrant to the Collector under Clause (b) of sub-section
(1), the Collector shall realize the amount in accordance with the law relating to
recovery of arrears of land revenue, as if such warrant were a certificate issued under
such law:
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CONCEPT OF CRIME

CRIME denotes an unlawful act punishable by a state. The term “crime” does not, in
modern criminal law, have any simple and universally accepted definition, though
statutory definitions have been provided for certain purposes. The most popular
view is that crime is a category created by law; in other words, something is a crime if
declared as such by the relevant and applicable law. One proposed definition is that a
crime or offence (or criminal offence) is an act harmful not only to some individual
or individuals but also to a community, society or the state ("a public wrong"). Such acts
are forbidden and punishable by law. The notion that acts such as murder, rape and
theft are to be prohibited exists worldwide. What precisely is a criminal offence
is defined by criminal law of each country. While many have a catalogue of
crimes called the criminal code, in some common law countries no such
comprehensive statute exists.The state (government) has the power to severely
restrict one's liberty for committing a crime. In modern societies, there are
procedures to which investigations and trials must adhere. If found guilty, an of
fender may be sentenced to a form of reparation such as a community sentence, or,
depending on the nature of their offence, to undergo imprisonment, life
imprisonment or, in some jurisdictions, execution. Usually, to be classified as a
crime, the "act of doing something criminal" (actus reus) must with certain
exceptions be accompanied by the "intention to do something criminal" (mens rea).
While every crime violates the law, not every violation of the law counts as a
crime. Breaches of private law (torts and breaches of contract) are not automatically
punished by the state, but can be enforced through civil procedure

SALIENT FEATURES OF THE I.P.C.

The objective of this Act is to provide a general Penal Code for India. Though this Code
consolidates the whole of the law on the subject and is exhaustive on the matters in
respect of which it declares the law, many more penal statutes governing various
offences have been created in addition to this code. The Indian security system has
been one that has gone through a lot of tests and examinations throughout the time.
This is due to the political as well as the social situation of the country. India is
a land of diverse cultures and traditions and it is a place where people from various
religions as well as ethnic backgrounds live together.

Indian Penal Code Format

The Indian Penal code has a basic format, it’s a document that lists all the cases and
punishments that a person committing any crimes is liable to be charged. It covers any
person of Indian origin. The exceptions are the
military and other armed forces, they cannot be charged based on the Indian Penal
Code. They have a different set of laws under the Indian Penal Code as well. The Indian
Penal Code has its roots I the times of the British rule in India, formulating in year
1860.Amendments have been made to it in order to incorporate a lot of changes and
jurisdiction clauses. One such amendment is the inclusions of section 498 A.The total
number of sections contained in the Indian Penal Code are five hundred eleven. All
these sections pertain to a particular category of crimes committed by civilians of Indian
origin. There are sections related to Dowry Laws and jurisdictions in India, as well
as there are several sections that concern various types of criminal laws. The India
n Penal Code is thus the most fundamental document of all the law enforcer as well as
the entire judiciary in India. The Indian judicial system is one that has evolved into
a stable and fair system of detention and penalizing, after being tested well for s
everal years. The judiciary of the country is a body of people who are given the task of
execution of the laws made by the government, that is, the judiciaries of a country are
its law enforcers. However, the judicial representatives cannot assess the case
s of crimes or misconduct on their own perceptions or rules. There has to be a
single system or a document that acts as a standard to all the decision making
process and the penalizing norms. Such a document exists in all countries and in
case of India, it is referred to as The Indian Penal Code. The Indian Penal Code
is applicable to all the citizens of India who commit crimes or actions suggesting
misconduct in the Indian territory. The document is applicable to ships as well
as aircrafts within the India n seas or the airspace as well.

Indian penal code is the skeleton of the Indian criminal justice system.

There are certain questions that are frequently asked by a layperson for basic
understanding of rights for example,
1.What exactly Indian Penal code is?
2.How and when did it originate?
3.What is its applicability?
4.How does it work?
5.To what extend it helps the law enforcement agencies?
6.What is modus operandi of judges while applying the relevant sections?

These questions are answered as follows-

Indian PenalCode is a document that has been formulated to counter crimes of various
natures and breach of law. IPC traces its roots to the British colonial rule in India.IPC
covers any Indian citizen or a person of Indian origin with the exceptions to any kind of
military or the armed forces crimes, which are handled by a dedicated list of armed
force acts.The most important feature of the Indian Penal Code is the impartial nature of
judgments promoted by the document. The Indian Penal Code does not include any
special favors for any special person at some position. Thus, the Indian Penal Code
stands alike for government employees, as for a common man, and even for a judicial
officer. This builds up the faith of the common citizens in the law making and enforcing
bodies in the country and prevents any sort of corruption or misuse of power on the part
of the people in power. All in all, the Indian Penal Code of the present day has done
away with almost all its flaws and has evolved into a modern law enforcing document
that takes into consideration the humane side of the personalities of culprits as well.
This has escalated and improved the Indian system of Law to greater heights and has
led to a firm respect for it in every citizen of the country. Importance of The Pen
al Code Indian Penal Code is a very important set of regulation which is very important
for the system to be operated in a proper way. It is the main criminal code of India. They
are various offences that are made under this law. The Indian Penal Code includes all
the relevant criminal offences dealing with offences against the state, offenses for
public, offences for armed forces, kidnapping, murder, and rape. It deals with offense
related to religion, offences against property and it has an important section for offences
for marriage, cruelty from husband or relatives, defamation and so on so forth. This was
a general over view of the structure of Indian Penal Code. It is not only important for
India
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Juvenile Justice Board

Juvenile delinquents are minors, usually defined as being between the ages of 10 and 18,
who have committed some act that violates the law. These acts aren't called “crimes” as they
would be for adults. Rather, crimes committed by minors are called “delinquent acts.”
The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework
for juvenile justice in India. The Act provides for a special approach towards the prevention and
treatment of juvenile delinquency and provides a framework for the protection, treatment
and rehabilitation of children in the purview of the juvenile justice system. This law, brought in
compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile
Justice Act of 1986 after India signed and ratified the UNCRC in 1992. This Act has been further amended
in 2006 and 2010.

Introduction to the Act:

This is an act which aims to:

1. a) Consolidate and amend the law relating to juveniles in conflict with law and children in need
of care and protection (Replace Juvenile justice Act, 1986)
2. b) Provide for proper care, protection, treatment and cater to their development needs
3. c) Provide a child-friendly approach keeping their best interest in mind while dealing with them

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Plea Bargaining: An Overview
Plea bargaining is essentially derived from the principal of 'Nalo Contendere' which
literary means 'I do not wish to contend'. The Apex Court has interpreted this doctrine
as an "implied confession, a quasi-confession of guilt, a formal declaration that the
accused will not contend, a query directed to the court to decide a plea guilt, a promise
between the Government and the accused and a government agreement on the part of
the accused that the charge of the accused must be considered as true for the purpose
of a particular case only. It has been introduced in the criminal procedure code in the
chapter XXI A wide criminal law (amendment) Act 2005.This has change the prospect &
the face of the criminal justice system. It is not applicable in cases where the offence is
committed against a women or a child below the age of 14 years. Also once the court
passes an order in the case of plea bargaining, no appeal shall lie to any court against
the order.

"Plead Guilty or bargain for lesser sentence" is the straight & shortest possible meaning
of plea bargaining. Plea bargaining refers to pre - trail negotiation between the
defendant usually conducted by the counsel & the prosecution during which the
defendant agrees to plead guilty in the exchange for certain concessions by the
prosecutor. Plea bargaining is the result of modern judicial thinking before the
introduction of plea bargaining most courts used to ignore Plea Bargaining. The concept
of Plea Bargaining was not recognized in jurisprudence of India. However accused used
to plead guilty only for petty offences & pay small fine whereupon the case is closed.
Initially the concept of Plea Bargaining was opposed by the legal experts, judiciary etc.

Based on recommendation of the Law Commission, the new chapter on plea bargaining
making plea bargain in cases of offences punishable with imprisonment up to seven
years has been included. Plea Bargaining does not solves the entire problem but
reduces its severity of penalty. The introduction of plea bargaining is a shortcut aimed at
quickly reducing the number of under-trial prisoners and increasing the number of
convictions, with or without justice. It is undoubtedly a disputed concept since few have
welcomed it while others have abandoned it. The consequences will be felt most
obviously by the countless numbers of poor languishing in the country's prisons while
awaiting trial. Taking into account the advantages of plea-bargaining, the
recommendations of the Law Commission Plea bargaining was clearly recognized as
the need of the hour and by no stretch of imagination can the taint of legalizing a crime
will attach to it. At this stage it can be safely held that 'Law is not a Panacea. It cannot
solve all problems, but it can reduce the severity'. Plea bargaining in India endeavors to
address the same, which despite its shortcomings can go a long way in speeding the
caseload disposition and attributing efficiency and credibility to Indian Criminal Justice.

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TRIAL
India has a well-established statutory, administrative and judicial framework for criminal trials.
Indian Penal laws are primarily governed by 3 Acts:

1. The Code of Criminal Procedure, 1973 (Cr.P.C.);

2. The Indian Penal Code, 1960 (IPC);
 3. The Indian Evidence Act, 1872 (IEA).

Cr.P.C. is a comprehensive and exhaustive procedural law for conducting a criminal trial in
India, including the manner for collection of evidence, examination of witnesses, interrogation of
accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, process of
criminal trial, method of conviction, and the rights of the accused for a fair trial. The procedure
for a criminal trial in India, is primarily, exc

According to Code of Criminal Procedure, 1973 criminal trials are divided into three categories viz.
warrant cases, summons cases and summary trials

warrant case

According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which
relates to offences punishable with death, imprisonment for life or imprisonment for a term
exceeding two years. The trial procedure in warrant cases is given from Section 238 to Section
250 of the Code of Criminal Procedure. In India a warrant case is tried in two manner viz. those
instituted by the police report and those instituted upon a complaint.

Important features of a warrant case are:

1. Framing of charges is mandatory.

2. The accused must be present during the trial.
3. Cases which are tried as a summons case can later be tried as a warrant case and it is not
termed as an irregularity by the court.
4. A warrant case cannot be converted into a summons case.
5. The accused can be given the opportunity to examine and cross examine the witnesses
more than once.
6. The magistrate should ensure that the provisions of Section 207 are complied with.
Provision of Section 207 include supply of copies such as police report, FIR, statements
recorded or any other relevant document to the accused.

Procedure followed in a warrant case when instituted by police report.

1. Filing of an FIR

An FIR or First information report is lodged under Section 154 of the Code of Criminal
Procedure. This section provides the manner in which it is to be recorded. The main aim of an
FIR is to set the criminal case in motion. An FIR is basically the information given by
whomsoever to the police relating to the commission of a cognizable offence.

2. Investigation

The next step after filing of FIR is investigation by the investigating officer. An investigating
officer makes an effort to reach to the conclusion by ascertaining facts and circumstances,
collecting evidence, examining various persons and taking their statements in writing and all the
other steps necessary for completing the investigation and reaching the conclusion. The end
result of an investigation is filing of a police report to the magistrate. The investigating officer
either files a charge-sheet or a closure report.

3. Framing of charges

If after considering the police report and other important documents the accused is not
discharged the next step taken by the court is framing of the charges in pursuance to begin the
trial. In a warrant case the charges should be framed in writing. These charges should be read
and explained to the accused and he shall be asked whether he pleads guilty of the offence
charged or claims to be tried.

4. Plea of guilty

Section 241 of the Code of Criminal Procedure, 1973 talks about plea of guilty, after framing of
the charges the accused is given an opportunity to plead guilty and the responsibility lies on the
judge to ensure that the plea of guilt was voluntary made. The judge may upon its discretion
convict the accused.

5. Prosecution evidence

After the charges are framed and the accused pleads guilty then the court requires prosecution to
produce evidence to prove the guilt of the accused. The prosecution is required to supplement
their evidence with statements from its witnesses (PW).This process is called examination in
chief. The defence counsel has the right to cross examine the witness and find any discrepancy in
the witness to undermine the case of the prosecution. The magistrate has the power to issue
summons to any person as a witness or order him to produce any document.

6. Statement of the accused

Section 313 of the Criminal procedure code gives the accused an opportunity to be heard and
explain the facts and circumstances of the case. His statement is not recorded under oath and can
be used against him in the trial. The accused has the right to refuse to answer any question put
forward.

7. Defence evidence

In case the accused has not been acquitted then the defence is given the opportunity to support
his case. The defence can produce both oral and documentary evidences. The defence witnesses
can be cross examined by the prosecution. In India, since the burden of proof is on the
prosecution the defence in general is not required to give any defence evidence.

8. Judgement

A judgement is a final decision of the court with reasons given in support of the acquittal or
conviction of the accused. When the accused is acquitted, the prosecution is given time to appeal
against the order of the court. When the person is convicted then both sides are invited to give
arguments on the punishment which is to be awarded. This is usually done when the person is
convicted for an offence whose punishment is life imprisonment or capital punishment.

2- Summon case

According to Section 2(w) of Code of Criminal procedure, 1973, a summons case means relating
to an offence, and not being a warrant-case. A summons case is tried with much less formality
and the method of preparing the evidence is less elaborate. In summon cases offences punishable
not exceeding two years are dealt with. The trial procedure is given from Section 251 to Section
259 of the Code of Criminal procedure.

Important points about summons case

1. A summons case can be converted into a warrant case.

2. The person accused need not be present personally.
3. The person accused should be informed about the charges orally. No need for framing the
charges in writing.
4. The accused gets only one opportunity to cross examine the witnesses.
5. All cases which are not punishable by death, imprisonment for life, or for more than two
years are summons cases.

Procedure followed in a summons case

1. Pre-trial

Sections 251 to Section 259 rule the procedure to be followed for a summons case. The pre trial
process such as filing of an FIR and investigation is the same.

2. Filing of charges

In summons trials formal charges are not framed. The accused appears before the court or is
brought before the court; the Magistrate would state the particulars of the offence he is charged
with.

3. Plea of guilty

The Magistrate after stating the particulars of the offence would ask the accused if he pleads
guilty or has any defence to support his case. If the accused pleads guilty the Magistrate records
the statement in the words of the accused as far as possible and may convict him on his
discretion.

4. Plea of guilty and absence of the accused

In petty cases, where summons is issued and the accused wants to plead guilty without appearing
to the court, the accused is supposed to transmit Rs.1000/- by post or through a messenger
(lawyer) to the Magistrate. The absentee should also send a letter containing acceptance of guilt
and the amount of fine provided in the summons. The Magistrate can on his discretion convict
the accused.

5. Prosecution and defence evidence

In summons case, the procedure followed is very simple and elaborate procedures are eliminated.
If the accused does not plead guilty then the process of trial starts. The prosecution and the
defence are asked to present evidence in support of their cases. The Magistrate is also
empowered to take the statement of the accused.

6. Judgement

When the judgement is pronounced in summons case, the parties need not argue on the amount
of punishment given. The sentence is the sole discretion of the judge. If the accused is acquitted
the prosecution has the right to appeal. This right to appeal is also extended to the accused.

3- Summary trials

These are fast track proceeding in which the case is usually resolved in one sitting. The summary
trials are reserved for petty offences to reduce the burden on courts and to save time and money.
The trial procedure is provided from Section 260 to Section 265 of the Code of Criminal
Procedure. Section 260(2) of the code lists certain offences which may be tried summarily by
any Chief Judicial Magistrate, any Metropolitan Magistrate or any Judicial Magistrate First
Class. A First class Magistrate must first be authorized by the respective High court to that effect
before he may try cases summarily under this section.

Procedure followed in summary trials

1. The procedure followed in summary trial is similar to summons-case.

2. Imprisonment up to three months can be passed.
3. In the judgement of a summary trial the judge should record the substance of the
evidence and a brief statement of the finding of the court with reasons.

…………………………………………………………………………………..

Powers of Session Judge in case of Revision

According to Criminal Procedure Code, following points are important for explanation of powers of
session judge in case of Revision

i. Revisional Powers of Session Judge

In any proceeding before magistrate, session judge can exercise those powers of revision, which
have been conferred on High Court especially when session Judge has called for record of such
proceeding or when such proceeding comes to his knowledge.
ii. Powers of Appellate Court in Disposing of Appeal
Session Judge can exercise powers of appellate court in disposing of appeal when he exercises
powers of revision.

iii. Suspension of Sentence or Order

When session judge exercises powers of revisions, he can suspend execution of sentence or order.
Even if accused is in confinement, he can be released on bail or on his own bond.

iv. Revision Against Acquittal

In revision against order of acquittal, session judge can issue warrant for direction that accused
should be arrested and brought before it or any subordinate court. After bringing of accused before
it, session judge can commit him to prison or can admit him to bail.

v. Further Evidence
In exercise of revisional powers, session judge can take further evidence or can direct for taking
of further evidence.

vi. Power to grant or tender Pardon

Session judge can exercise power to grant or tender pardon when he exercises powers of revision.

vii. Enhancement of Sentence

In exercise of powers of revision, session judge can enhance sentence.

viii. Restrictions on Revisional Powers of Session Judge

Following are the Restrictions

a. Hearing of Accused
Session judge should not make any order through exercise of his revisional powers unless accused
has not been heard personally or by pleader in his own defense.

b. Greater Punishment
If session judge exercise revisional powers against that sentence, which magistrate has passed,
session judge should not inflict that punishment, which may be greater than that punishment which
magistrate of first class might have inflicted.

c. Conversion of Acquittal into Conviction

Session judge cannot exercise powers of revision to convert finding of acquittal into that of
conviction.

Conclusion

To conclude, it can be stated that basic object, which works behind granting of powers of revision,
is to empower High Court or session judge to exercise powers of an appellant court to prevent
failure of justice especially in those cases where no appeal is provided. However, powers of
revision should be exercised only in those exceptional cases where there has been miscarriage of
justice due to defect in procedure, manifest error on point of law, excess of jurisdiction or abuse
of power.

Offence committed outside India-section 188 of Cr.p.c.

When an offence is committed outside India –

(a) by a citizen of India, whether on the high seas or elsewhere; or

(b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt
with in respect of such offence as if it had been committed at any place within India at which he
may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no
such offence shall be inquired into or tried in India except with the previous sanction of the
Central Government.

The language of Section 188 Cr.P.C. is quite clear that when an offence is committed outside
India by a citizen of India, he may be dealt with in respect of such offences as if they had been
committed in India. The proviso, however, indicates that such offences could be inquired into or
tried only after having obtained the previous sanction of the Central Government.

It was held in Ajay Aggarwal’s case (supra) that sanction under Section 188 Cr.P.C. is not a
condition precedent for taking cognizance of an offence and, if need be, it could be obtained
before the trial begins. Even in his concurring judgment, R.M. Sahai, J., observed as follows :-
"29. Language of the section is plain and simple. It operates where an offence is committed
by a citizen of India outside the country. Requirements are, therefore, one — commission of an
offence; second — by an Indian citizen; and third — that it should have been committed outside
the country.

Accordingly, upto the stage of taking cognizance, no previous sanction would be required from
the Central Government in terms of the proviso to Section 188 Cr.P.C. However, the trial cannot
proceed beyond the cognizance stage without the previous sanction of the Central Government.
The Magistrate is, therefore, free to proceed against the accused in respect of offences having
been committed in India and to complete the trial andpass judgment therein, without being
inhibited by the other alleged offences for which sanction would be required.

………………………………………………………………………………………..

Offense committed by Letters

 1. Any offence which includes cheating may, if the deception is practised by means of letters or
telecommunication messages, be inquired into or tried by any Court within whose local
jurisdiction such letters or messages were sent or were received; and any offence of cheating
and dishonestly inducing delivery of property may be inquired into or tried by a Court within
whose local jurisdiction the property was delivered by the person deceived or was received by
the accused person.
2. Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860)
may be inquired into or tried by a Court within whose local jurisdiction the offence was
committed or the offender last resided with his or her spouse by the first marriage, or the wife
by first marriage has taken up permanent residence after the commission of offence.

What are the cases in which appeal does not lie. Explai the procedure of
Appeal
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or
by any other law for the time being in force.

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court
acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and
such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of
such Court

Appeal
Have you ever heard anyone say they’re going to take their disagreement all the way to the Supreme
Court?

The party who files an appeal, known as the appellant, must show that the trial court made a legal error
that affected the decision in the case. The appellant prepares a written document, or brief, discussing
the legal arguments. In the brief, the appellant tries to explain that the trial court made errors, and that
its decision should be reversed. In this process, appellants cite previous court cases that support their
point of view.

The party defending against the appeal, known as the appellee, also submits a brief arguing why the trial
court was correct in its decision, or why any error was not significant enough to affect the outcome of the
case. Briefs of appellees discuss similar courts cases that support their point of view.

Appeals are decided by panels of three judges. The court of appeals does not receive additional
evidence or hear witnesses; rather the judges make their decision based on the written record of
the case in the trial court, the briefs submitted by the parties, and possibly oral argument.

Although some cases are decided on the basis of written briefs alone, many cases are selected for
an oral argument before the court. Oral argument in the court of appeals is presented by lawyers
for both sides. Each side is given a short time – usually about 15 minutes – to present arguments
to the court. The panel judges often ask questions of the lawyers during this time.