IMPORTANT SECTIONS

OF

Cr.P.C

Section 2 – Definitions.
Section 6 – Classes of Criminal Courts.
Section 9 – Court of Session.
Section 10 – Subordination of Assistant Sessions Judges.
Section 11 – Courts of Judicial Magistrates.
Section 12 – Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc.
Section 13 – Special Judicial Magistrates.

Section 30 – Sentence of imprisonment in default of fine.

Section 31 – Sentence in cases of conviction of several offences at one trial.

Section 41 to Section 54 – Arrest of Persons.

Section 56 – Person arrested to be taken before Magistrate or officer in
charge of police station.
Section 57 – Person arrested not to be detained more than twenty-four hours.
Section 59 – Discharge of person apprehended.

Section 61 to Section 69 – Summons.

Section 70 to Section 81 – Warrant of arrest.
Section 82 – Proclamation for person absconding.
Section 83 – Attachment of property of person absconding.
Section 84 – Claims and objections to attachment.
Section 85 – Release, sale and restoration of attached property.
Section 86 – Appeal from order rejecting application for restoration of
attached property.
Section 87 – Issue of warrant in lieu of, or in addition to, summons.
Section 88 – Power to take bond for appearance.

Section 93 – When search-warrant may be issued.

Section 97 – Search for persons wrongfully confined.

Section 102 – Power of police officer to seize certain property.

Section 106 – Security for keeping the peace on conviction.
Section 107 – Security for keeping the peace in other cases.
Section 108 – Security for good behavior from persons disseminating
seditious matters.
Section 109 – Security for good behavior from suspected persons.
Section 110 – Security for good behavior from habitual offenders.

Section 125 to Section 128 – CHAPTER IX, Order for Maintenance of Wives,
Children and Parents.
Section 129 – Dispersal of assembly by use of civil force.
Section 130 – Use of armed forces to disperse assembly.
Section 132 – Protection against prosecution for acts done under preceding
sections.
Section 133 – Conditional order for removal of nuisance.

Section 144 – Power to issue order in urgent cases of nuisance or

apprehended danger.

Section 154 to Section 176 – CHAPTER XII, Information to the Police and
their Powers to Investigate.
Section 177 to Section 189 – CHAPTER XIII, Jurisdiction of the Criminal
Courts in Inquiries and Trials.

Section 190 – Cognizance of offences by Magistrates.

Section 195 – Prosecution for contempt of lawful authority of public servants,
for offences against public justice and for offences relating to documents
given in evidence.
Section 196 – Prosecution for offences against the State and for criminal
conspiracy to commit such offence.
Section 198 – Prosecution for offences against marriage.
Section 199 – Prosecution for defamation.

Section 200 to Section 203 – CHAPTER XV, Complaints to Magistrates.

Section 204 – Issue of process.

Section 211 to Section 224 – CHAPTER XVII, the Charge.

Section 225 to Section 237 – CHAPTER XVIII, Trial before a Court of
Session.
Section 238 to Section 250 – CHAPTER XIX, Trial of Warrant Cases by
Magistrates.
Section 251 to Section 259 – CHAPTER XX, Trial of Summons Cases by
Magistrates.

Section 260 – Power to try summarily.

Section 261 – Summary trial by Magistrate of the second class.
Section 262 – Procedure for summary trials.
Section 265A to Section 265L – CHAPTER XXIA, Plea Bargaining.

Section 300 – Person once convicted or acquitted not to be tried for same
offence.
Section 304 – Legal aid to accused at State expense in certain cases.
Section 307 – Power to direct tender of pardon.
Section 311 – Power to summon material witness, or examine person
present.
Section 313 – Power to examine the accused.
Section 315 – Accused person to be competent witness.

Section 320 – Compounding of offences.

Section 366 – Sentence of death to be submitted by Court of Session for
confirmation.
Section 368 – Power of High Court to confirm sentence or annul conviction.
Section 395 – Reference to High Court.
Section 401 – High Court’s powers of revision.
Section 436 – In what cases bail to be taken.
Section 436A – Maximum period for which an undertrial prisoner can be
detained.
Section 437 – When bail may be taken in case of non-bailable offence.
Section 437A – Bail to require accused to appear before next appellate
Court.
Section 438 – Direction for grant of bail to person apprehending arrest.
Section 439 – Special powers of High Court or Court of Session regarding
bail.

Section 460 – Irregularities which do not vitiate proceedings.

Section 461 – Irregularities which vitiate proceedings.
Section 468 – Bar to taking cognizance after lapse of the period of limitation.
Section 482 – Saving of inherent power of High Court.

LANDMARK JUDGEMENTS
Sec 156(3)- application before Magistrate-
Sakiri Vasu vs State Of U.P. And Others-

The court opined that the practice of filing a writ petition due to the
reason that the person was not allowed to register an FIR at the police
station should be discouraged by the High Court as there are other
remedies available under Sec 36 and Sec 154(3) of CrPC and even if
that fails then a person can file an application before a Magistrate
under Sec 156(3) of CrPC.

Bail under Sec 438-

Avinash v. State (2015)-

The court held that suggesting paying a sum of money to the wife
who is not able to maintain herself and her child cannot be termed as
buying the bail and it can be imposed as a condition to grant bail by
the court.

Maintenance under Section 125:

Mohd. Ahmed Khan V. Shah Bano Begum and Ors.-

This case deals with the maintenance to a Muslim Woman. The Court
held that the Sec 125 of CrPC applies throughout India, irrespective of
the Religion of a person. Even though Muslim Personal Laws don’t
provide for maintenance to Muslim wives, they are entitled to claim
maintenance under Sec 125 of CrPc.

Rape- DNA Test of accused mandatory in nature Sec

53-A
Richpal Kharra V. State (2015)-
The court held that Sec 53-A is mandatory in nature. It is compulsory
for the accused to provide sample for DNA testing.

Criminal revision application-

P.P. Prasad Vs. Lt. Commander and ors.-

The court said that the proceedings of a court martial should take
place according to the law and that both the parties should be given
an opportunity to present their case before the court and also should
be allowed to be represented by a lawyer if they want to do so.

Issuance of warrant under Sec 82(1) or 82(4)-

Thirumali Kumar Vs. State-

The Court held that a warrant issued by a court for the arrest of an
alleged person is only for the purpose of bringing him before the
court for trial and not to find him guilty. A Magistrate can on him own
issue an arrest warrant against a person if he finds any relevant
information regarding the same. A report filed by police is not
mandatory to issue an arrest warrant.

LATEST JUDGMENTS 2022

Arshad Ahmad and others V State of NCT of Delhi and another

Quashing of F.I.R under section 482 Cr.PC / Articles 226 of
Constitution of India U/s 376, 377, 498 A of IPC possible in
matrimonial disputes.

Sukhpal Singh Khaira v. State of Punjab

A Constitution Bench of the Supreme Court issued elaborate

guidelines today regarding the excercise of powers under Section 319
of the Code of Criminal Procedure for summoning additional accused
during trial.

PYQ

1.“Custodian Death is perhaps one of the worst crimes in a civilized society

governed by the Rule of Law”. In which case SC made this remark

a. A. k. Gopalan V State of Madras

b. M.C Mehta V UOI
c. D. K Basu V State of Bengal
d. Vishakha V State of Rajasthan

2. “From a plain reading of sec-195 Cr.P.C. It is manifest that it comes into

operation at the stage when the court intends to take cognizance of an
offence under section 190(1) Cr.P.C and it has nothing to do with the
statutory power of the police to investigate into an F.I.R which discloses a
cognizable offence….In other words, the statutory power of the police to
investigate under the code is not in any way controlled or circumscribed by
sec-195 Cr.P.C”. This was held by SC in case of
a. Nalini V State of Tamil Nadu

b. Raj Singh V State (1998)

c. Shamsher Singh V State Of Punjab

d. State of Himachal Pradesh V Tara Dutta

LEGAL PERSE
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