FUNCTIONARIES UNDER THE CODE

THE POLICE
S. 177 & 178- power to inquire into complaint filed in another jurisdiction.

THE PROSECUTORS
S. 24- Public Prosecutors.

THE DEFENCE COUNSEL

 S. 303- Right to defence counsel
 S. 304- State provides defence counsel in certain circumstances.

THE COURTS
1. Supreme Court – established by Consti, also provides jurisdiction and powers.
2. High Court – established by Consti, generally defines jurisdiction.
3. Sessions Court – S. 9 & 10. State to establish Sessions court for every sessions division.
Judge appointed by HC to preside.
4. Courts of Judicial Magistrates – S. 11-15. State govt to establish as many Courts of
Judicial Magistrates of first and second class in every district as necessary. HC appoints
Chief Judicial Magistrate.
5. Courts of Metropolitan Magistrates – S. 16. In metropolitan area, HC may set up Courts
of Metropolitan Magistrates. HC appoints CMM.
6. Special Judicial or Metropolitan Magistrates – Wrt a particular case or class of cases.
7. Courts of Executive Magistrates – deal with police or administrative matters. State govt
appoints Executive Magistrates in every district or metropolitan area.

PRISON AUTHORITIES AND CORRECTIONAL SERVICES PERSONNEL

Look at hierarchy of courts, Chota Kelkar pg. 19 for lolzz.

ARREST
MEANING AND PURPOSE
When arrest is necessary:

1. Securing attendance of accused at trial

2. Preventive or precautionary measure
3. For obtaining correct name or address
4. For removing obstruction to police
5. For retaking a person escaped from custody

DECISION TO ARREST
 Warrant of arrest- written order signed, sealed and issued by Magistrate to police officer
or some other person specially named commanding him to arrest a person.

ARREST WITH A WARRANT

 S. 204- Issue of process. Summons shall be issued in summons case, warrant may be
issued in warrant case.
 S. 87- Magistrate may depart from above general rule.
 In practice, Magistrate rarely has to issue warrant of arrest when he takes cognizance of
cognizable cases on police report- usually police report is submitted after investigation,
during which police have power to arrest- S. 41.
 S. 190- Cognizance can be taken by Magistrate upon
o Police report
o Receiving complaint
o Information received from any person other than a police officer
o Knowledge of Magistrate himself.
 S. 70-73- form and content of warrant of arrest.
 S. 74-81- mode of execution of warrant for arrest.
 S. 37 & 38- duty and power of private citizen to assist in execution of warrant for arrest.

ARREST WITHOUT A WARRANT

1. Police officer may arrest without warrant- S. 41 & 42.
2. Guidelines due to unlawful arrest of Magistrate- Delhi Judicial Service Assn v State of
Gujarat.
3. Private person arrest without warrant- S. 43
4. Magistrate may arrest without warrant- S. 44.

ARREST HOW MADE

 S. 46-
o Actual touch or confinement of body unless submission by word or action
o Oral declaration of arrest is not arrest
o Police shall not touch person of woman for effecting arrest
o Oral declaration of arrest presumed in case of woman.
 S. 41B- police officer to have accurate clear identification of name at time of arrest.
o Has to make memorandum, should be signed by family member of arrested person
or neighbour. Countersigned by arrested.
o If not family member, police should inform arrested of right to have a family
member or friend at time of arrest.

POWERS FOR EFFECTING ARREST:

 Power to use force
o S. 46(2) & (3)- use force, not enough to kill, except if offence is punishable by
death or life imprisonment.
o S. 49- no unnecessary restraint.
o SC is anal about the use of handcuffs.
 Power to search a place- S. 47
 Power to pursue
o S. 48
o If arrest in pursuance of warrant, S. 77, anywhere in India.
o S. 78-81 outside local jurisdiction of court.
 Power to obtain assistance
o S. 37.
o If not helped, punishable under. S. 187, IPC.
 Power to get subordinate officer to arrest
o S. 55.
 Power to rearrest escapee
o S. 60.
 o Same powers and duties as (1) and (2).

AFTER-ARREST PROCEDURES
 Search of arrested person- S. 51.
 Seizure of offensive weapons- S. 52.
 Medical examination of accused- S. 53, 53-A, 54(2), 54-A
 Reports of arrest to be sent to District Magistrate- S. 58.
 Person arrested not to be discharged except on bond or bail- S. 59.

RIGHTS OF ARRESTED PERSON

 Right to be informed of grounds for arrest- S. 50, 55, 75.
o Police officer must also inform friend/relative and make an entry in a register- S.
50-A.
 Right to be informed of right to bail- S. 50(2).
 Right to be produced before Magistrate without delay- S. 56 & 76.
 Right of not being detained longer than 24 hours without judicial scrutiny-S. 57 &
Proviso, S. 76.
o Magistrate’s duty to either remand him or release on bail.
o Arrest commences with restraint placed on liberty of accused, not when officer
records time of arrest. (because officers were fudging times of arrest).
o Aim of right:
 To prevent arrest to extract confession
 To prevent police stations being used as if they were prisons
 To afford early recourse to a judicial officer independent of police
 Right to consult legal practitioner- S. 303, A. 22(1) of Consti.
 Right of an arrested indigent person to free legal aid and to be informed about it- Khatri
v State of Bihar.
o Failure to provide free legal aid would vitiate trial.
 Right to be examined by a medical practitioner- S. 54.
 S. 41-C casts obligation on State Govt to set up a control room in every district
o This would display names and addresses of people arrested along with name and
designation of arresting officer on a notice board.
o Would collect details of arrested person, nature of offence, etc.
 Joginder Kumar & DK Basu- pg. 41 & 42, Chota Kelkar.
 Right to compensation for victims of unlawful arrest – Nilabati Behra v State of Orissa.

CONSEQUENCES OF NON-COMPLIANCE WITH THE PROVISIONS RELATING TO

ARREST
1. Trial not void due to non-compliance of provisions wrt arrest.
2. However, irregularity would be material if charge is resistance to or escape from arrest.
3. If arrest is illegal, RPD available under S. 96-106, IPC.
4. If public servant contravenes law on purpose, S. 220, IPC.
5. Arrest illegal = tort of false imprisonment. Entitled to damages.
SEARCH AND SEIZURE
SUMMONS OR WRITTEN ORDER
 S. 91(1)- Whenever production of document/thing is necessary
o Court may issue summons
o Police may issue written order
 For postal/telegraph authority, S. 92.

SEARCH WITH A WARRANT

 Written authority given by a Magistrate/court to a police officer to search a place for
documents/things.
 Circumstances in which search warrant can be issued – S. 93.
 Place w/ stolen property, forged documents, etc.- S. 94.
 Publications- S. 95.
 Search for wrongfully confined person- S. 97.
 Provisions applicable to arrest warrants made applicable to search warrants mutatis
mutandis- S. 99.

SEARCH WITHOUT WARRANT

 S. 103- Magistrate may direct search in his presence.
 S. 165- to restrain police power in case of search without warrant.
 S. 166- officer searching outside limits of his police station.
 S. 153- weights and measures.

GENERAL PROVISIONS RELATING TO SEARCHES

 S. 100.

CONSEQUENCES OF IRREGULARITIES OR ILLEGALITIES IN A SEARCH

 S. 460(a)
 S. 461(b)
 If no warrant, search illegal.
 Non-compliance to search trial will not make evidence inadmissible- it will affect weight
of evidence.
 If search procedure not strictly legal, occupant of place can obstruct search.
 Non-compliance with search procedure would make entry without lawful authority.
Liable to be sued for civil trespass, and RPD available.

SEIZURE
 S. 102.
 Seizure of bank account read pg. 58, Chota Kelkar.
INVESTIGATION
MEANING AND PURPOSE
 Investigation conducted by police officer or other authorized person. Includes all
proceedings under Code for collection of evidence.
 Inquiry is every inquiry conducted by Magistrate or court other than trial.
 Investigation broadly consists of
o Proceeding to place of offence
o Ascertaining facts and circumstances of case
o Discovery/arrest of suspect
o Collection of evidence
 Examination of people
 Seizure of things/search of places
o Formation of opinion + filing charge-sheet under S. 173.

POLICE, WHEN TO INVESTIGATE

 Police can proceed to investigate
o On info about commission of cognizable offence- S. 157(1).
o Without such info, but if they have reason to suspect commission- S. 157(1).
o On receiving order to investigate from any Judicial Magistrate- S. 156(3).
 Code sees non-cognizable offences as essentially private wrongs and general policy is to
not use State agency for such investigation.
 But if a competent judge thinks it has to be investigated, then sure.
 Police will then have all powers wrt investigation as they would in cognizable cases
except power to arrest without warrant.
 S. 155- if facts reported to police include both cognizable and non-cognizable offences,
police would investigate as if it was cognizable.
 S. 156- only officer in charge of police station or higher can investigate.

DUTY TO INFORM AND ASSIST THE POLICE

 Person aware of commission/intention to commit offences mentioned in S. 39 must
inform Magistrate/police officer unless he has reasonable excuse not to do so. If he
doesn’t, punishment under S. 176 & 202, IPC.
 S. 40- duty of village officers/residents. Omission to inform, same punishment as above.
 S. 37- reasonable assistance to police or Magistrate if so demanded. Omission, punishable
under S. 187, IPC.

INFORMATION TO THE POLICE

1. In respect of cognizable offences
 Information to be given to officer in charge of police station having jurisdiction
over offence.
 Info to be recorded in form and manner provided in S. 154. Usually known as
FIR.
 Oral information given to officer in charge of police station not recorded
officer investigates records witness statements these are not FIRs, FIR =
unrecorded information given first.
 Guidelines:
i. Registration of FIR mandatory on receiving info of cognizable offence
ii. Arrest of accused not mandatory
iii. If info does not disclose offence but indicates necessity of inquiry, time-
bound preliminary inquiry may be conducted
iv. Type and in which cases preliminary inquiry to be conducted dependent on
facts.
2. In respect of non-cognizable offences
 S. 155.

PROCEDURE AFTER THE RECORDING OF THE FIR

1. Investigation begins when police officer in charge of police station reasonably suspects
commission of cognizable offence. Suspicion could be based on FIR or other info (S.
157(1)).
2. SHO must send report of circumstances to Magistrate where reasonable suspicion exists.
If State Govt requires, above report may be sent to Magistrate through a superior officer,
who will give instructions to the SHO, and after recording such instructions on the report,
transmit the same to the Magistrate- S. 158.
3. SHO/subordinate officer whom he deputed must go to spot of commission of offence to
investigate matters and if necessary measures for discovery and arrest of offender- S.
157(1). Two circumstances it is not necessary for SHO to go to place:
 a. Proviso (a), S. 157(1)- Info given against a person by name, not serious in nature.
Police officer required to state reason why he didn’t go to the spot- S. 157(2).
b. Proviso (b), S. 157(1)- If officer thinks there is no sufficient ground to investigate.
i. In addition to giving reasons, he has to notify that he is not going to
investigate it.
ii. Informant can then approach Magistrate or superior police officer for
redress.
iii. If he proceeds to place without sending report to Magistrate, it does not
mean it is not part of his investigation. Any step taken by him pursuant to
info is investigation.
4. Magistrate on receiving report could either go or send his subordinate to look into
matters- S. 159.
a. Magistrate can intervene if police does not investigate the case on insufficient
grounds.
b. Magistrate cannot force investigation by senior police officer other than officer in
charge of police station.
c. He is not authorised to interfere with actual investigation.
d. If FIR and other relevant materials do not disclose offence, investigation cannot
be permitted because it is unnecessary harassment to someone.
5. When police reaches spot, he shall investigate facts/circumstances, arrest offender.

POWER TO REQUIRE ATTENDANCE OF WITNESSES

 S. 160(1)- investigating officer may by order require attendance of any person before
himself.
 Non-compliance with order = proceedings under S. 188, IPC.
 Investigating agency may require presence of accused by warrant under S. 73.
 Further, he can be remanded to police/judicial custody under S. 167.
 Proviso, S. 160(1)- old, young, woman, mental/physically disabled cannot be required to
show up.
 If omits to attend, liable under S. 174, IPC.

POWER TO INTERROGATE WITNESSES AND TO RECORD THEIR STATEMENTS

1. Power to interrogate
 S. 161(1)- Oral examination of any person connected to case.
  Person not bound to answer such questions as would expose him to criminal
charge- S. 161(2).
 If he refuses to answer, punishable under S. 179, IPC.
 If he gives a false answer knowingly, punishable under S. 193, IPC.
 ‘Person’ includes accused.
2. Recording of statements
 S. 161(3).
i. If police fucks up, it does not make the statement inadmissible, simply
affects the weight of evidence.
 Person making statement need not sign it, because otherwise police coercion- S.
162(1). Signature does not vitiate trial though.
 S. 163- Police officer will not prevent any person from saying whatever tf he
wants of his own free will.

EVIDENTIARY VALUE OF STATEMENTS MADE TO POLICE

 Three categories of statements:
o Statement recorded as FIR.
o Statement recorded in course of investigation.
o Statement recorded by police but not falling under above two.
 None of them are substantive evidence. However, if a person came and said something in
court, his former statement could be used either to corroborate or contradict his
testimony- S. 157 & 145, Evidence Act.
 S. 25, Evidence Act- confession to police officer useless, cannot be proved against person
accused of any offence.

Evidentiary Value of FIR

 Can be used to corroborate evidence under S. 157, Evidence Act, or contradict under S.
145 of same.
 Better corroborative value if it is recorded before there is time for memory to fail. Undue
delay in lodging FIR raises suspicion.
 If FIR lodged by accused himself, prosecution cannot use it because he cannot be a
witness against himself.
Evidentiary Value of Statement Recorded by Police in Course of Investigation
 S. 162.
 Restrictions applicable under this section are not applicable if court examines person as
court witness under S. 311.
 Statement under 162 can be used if person is prosecution witness.
 Cannot be used for corroboration.
 If person is called as defence witness, his previous statement cannot be used to contradict
him.
 This bar will not hold if the statement is used in any proceeding apart from the one that
was investigated.

Evidentiary Value of Statements Made During the Period of Investigation but

not During the Course of Investigation
 Not hit by S. 162.
 But S. 162 can’t be circumvented by officer by obtaining written record instead of officer
himself recording the statement.

POWER OF JUDICIAL MAGISTRATE TO RECORD CONFESSIONS AND STATEMENTS

 Confession made to police is inadmissible.
 S. 164.
 Recording to be in open court during court hours.
 S. 463- Non-compliance with S. 164.

MAINTENANCE AND USE OF CASE DIARY

 S. 172.
 Case diary is a document under S. 91, can be summoned by court under S. 172.

PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED WITHIN 24 HOURS

 S. 57- if arrested without warrant, cannot be detained more than 24 hours.
 S. 167- if police officer thinks it necessary to longer detain him, special order from
Magistrate required.

PROCEDURE TO BE FOLLOWED ON COMPLETION OF INVESTIGATION

1. Release of accused when evidence is deficient- S. 169.
2. Cases to be sent to Magistrate when evidence sufficient- S. 170.
  S. 171- Complainant/witness not required to accompany police officer, etc.
3. Report of police on completion of investigation- S. 173(1-7)
4. Supplementary report on further investigation- S. 173(8).

INVESTIGATIONS AND INQUIRIES INTO THE CAUSE OF UNNATURAL DEATHS,

SUICIDES, OF DEATH IN POLICE CUSTODY, ETC.
S. 174-176.
LOCAL JURISDICTION OF THE COURTS AND THE POLICE
SOME BASIC CONSIDERATIONS
 S. 177- ordinary place of inquiry and trial- court within whose local jurisdiction offence
committed.
 Rules of venue of trial made applicable by S. 156(1)- proper police station which could
entertain investigation regarding an offence.

SPECIAL PROVISIONS PROVIDING FOR ALTERNATIVE VENUES

 S. 178- Offence done in multiple places in multiple parts
 S. 179- Thing done in one place, consequence in another
 S. 180- act is offence by reason of relation to another offence
 S. 181- thugs, dacoity, kidnapping, abduction, theft, extortion, robbery, receiving stolen
property, criminal breach of trust, misappropriation
 S. 182- offences committed by letters.
 S. 183- offence committed during journey.

SPECIAL RULE IN CASES OF JOINDER OF CHARGES AND JOINDER OF OFFENCES

S. 184- Place of trial when offences triable together- Court competent to try any one of
offences.

POWER OF THE STATE TO ORDER CASES TO BE TRIED IN DIFFERENT SESSIONS

DIVISIONS
S. 185

HC’S POWER TO DECIDE IN CASE OF DOUBT, PLACE OF ENQUIRY OR TRIAL

S. 186.

MAGISTRATE’S POWER TO INQUIRE INTO OFFENCE COMMITTED OUTSIDE HIS

LOCAL JURISDICTION
S. 187.

POWER TO INQUIRE INTO/TRY OFFENCES COMMITTED OUTSIDE INDIA

 S. 188- citizen of India or non-citizen on plane/ship registered in India. Proviso- only
after obtaining sanction of Central Govt.
 S. 189- evidence of offences committed outside India.
CONSEQUENCES OF FAILURE TO FOLLOW RULES REGARDING LOCAL
JURISDICTION
 Unless non-compliance with rules led to failure of justice, proceedings won’t be set aside-
S. 462.
 Magistrate should be unaware of faulty jurisdiction.
 Similarly for police- S. 156(2).
COGNIZANCE OF OFFENCES AND COMMENCEMENT OF
JUDICIAL PROCEEDINGS
After investigation is completed and final report given to Magistrate, Magistrate must

 Take cognizance of offence

 Ascertain whether prima facie case exists
o Issue process to accused to secure attendance during trial
o Supply accused copy of police statements
 Consolidate different proceedings wrt same case
 If case triable by Sessions Court, to commit case to that court

COGNIZANCE OF OFFENCE
1. Meaning
 Taking notice of offence
 Have to take cognizance before conducting trial.
 S. 202, 204, 206.
2. By whom
 S. 190- Magistrate first class, second class.
 S. 193- Sessions Court not to take cognizance unless committed
 S. 199(2)- Sessions Court to take cognizance if defamation of Prez, etc.
3. Cognizance when taken
 S. 190(1).
4. Transfer of case
 S. 191.
 Failure to tell accused his right to be tried by another Magistrate vitiates trial- S.
465.
 S. 192- transfer for administrative convenience.
5. Time limitation
 S. 467-473.
6. Restraints on taking cognizance
 S. 195-199.
LIMITATIONS ON THE POWER TO TAKE COGNIZANCE OF AN OFFENCE
1. Contempt of lawful authority of public servants- S. 195(1)(a).
2. False evidence, false statement, etc.- S. 195(1)(b).
3. Prosecution for offences against the State- S. 196(1).
a. If police ordered to investigate matters, he has powers same as officer
investigating cognizable offence except power to arrest without warrant- S. 196(3)
r/w S. 155(3).
4. Prosecution for criminal conspiracy- S. 196(2).
5. Prosecution of judges and public servants- S. 197(1).
6. Prosecution of members of armed forces- S. 197(2).
7. Prosecution for offence against marriage- S. 198.
8. Prosecution of husband for rape- S. 198(6).
9. Prosecution for defamation- S. 199(1).

SCRUTINY OF THE COMPLAINT

1. Pre-cognizance stage-
 If Magistrate not competent to take cognizance- S. 201.
 Else, may look into complaint and sent to police to investigate- he has taken
cognizance.
2. Examination of the complainant- S. 200.
3. Enquiry/investigation for further scrutiny of complaint- S. 202. In this, witnesses are
examined. Under S. 200, only complainant is examined, with option of also examining
witnesses.
4. Dismissal of complaint- S. 203. If after S. 202, he thinks complaint is bullshit, he can
dismiss with reasons. It should be because there is no sufficient ground for proceeding,
not because there is no sufficient ground for conviction.

ISSUE OF PROCESS
 S. 204- Summons in summons case, warrant in warrant case.
 Magistrate may issue warrant in summons case after citing special reasons under S. 87.
 Challenge issuance of process- S. 482.
 S. 205- Magistrate may do away with personal attendance of accused in certain cases.
SPECIAL SUMMONS IN CASES OF PETTY OFFENCES
 S. 206.
 Only in cases where Magistrate thinks case can be summarily disposed under S. 260.

SUPPLY TO THE ACCUSED COPIES OF STATEMENTS, DOCUMENTS & POLICE

REPORT
 S. 207- for case instituted by police report
 S. 208- for case instituted otherwise than on police report.

COMMITMENT OF CASE TO SESSIONS COURT

 Some cases exclusively triable by Sessions Court- S. 26 r/w First Schedule.
 But court cannot take direct cognizance of offences.
 S. 209- procedure for committing case to Sessions Court.

ACCUSED’S RIGHT TO PARTICIPATE IN REVISIONAL PROCEEDINGS ARISING FROM

COMMITTING MAGISTRATE
Manharibhai Muljibhai Kakadia v Shaileshbhai Mohanbhai Patel, pg. 144, Chota
Kelkar.

CONSOLIDATION OF CASES RELATING TO THE SAME OFFENCE

S. 210.
BAIL
CIRCUMSTANCES IN WHICH RELEASE OF BAIL IS MANDATORY
1. Where arrestee is not accused of a non-bailable offence- S. 436(1)
 If arrested without warrant + willing to give bail.
 Right not to be indirectly nullified by fixing too high a bond amount.
 S. 440(1)- bond amount to be fixed with due regard to circumstances of case.
440(2) allows for reduction of amount by HC of Sessions Court.
 Refusal to grant bail under S. 436 makes arrest illegal detention.
 No remedy for refusal to grant bail under S. 436(1), but HC/Sessions Court can be
approached for bail under S. 439.
 S. 436-A- Person not accused of offence punishable by death, finished one half his
maximum sentence in detention can be released on bail.
2. Where investigation not completed within time prescribed
 If after time limit prescribed in S. 167, accused is willing to and does furnish bail,
he has to be released- S. 167(2).
 This does not mean further detention is illegal.
 But the claim for bail has to be made before submission of charge-sheet. Else, has
to claim bail under S. 437 only.
 Even if bail granted under S. 167(2), provisions of bail s per Chapter XXXIII are
applicable.
 While computing period described in S. 167(2), period of detention under S. 57
has to be excluded.
 Period of bail granted under S. 439 not to be counted in computation of the 90
days.
3. Where no reasonable grounds exist for believing the accused guilty of non-bailable
offence-
 S. 437(2).
 Officer releasing person on bail under this provision is required to record reason-
S. 437(4).
4. Where trial before Magistrate not concluded within 60 days- S. 437(6).
5. Where no reasonable grounds exist for believing accused guilty after conclusion of trial
but before judgment- S. 437(7).
DISCRETION IN GRANTING BAIL IN CASES OF NON-BAILABLE OFFENCES
1. Discretion in granting bail how to be exercised-
 S. 437(1) – MAY be released on bail, showing discretion.
 Following considerations to be made:
i. Enormity of charge
ii. Nature of accusation
iii. Severity of punishment
iv. Nature of evidence
v. Nature/gravity of circumstance
vi. Status of accused
vii. Danger of witness tampering
viii. Likelihood of fleeing
ix. Probability of commission of more offences
x. Protracted nature of trial
xi. Opportunity for prep of defence
xii. Health, age, sex, etc.
 Simply because co-accused has been granted bail doesn’t mean accused should be
granted as well.
 If bail, reasons in writing- S. 437(4).
2. No bail in case of offence punishable with death or life
 S. 437(1).
 It has a proviso- women, under 16, sick, infirm.
 If bail, reasons in writing- S. 437(4).
3. Bail with conditions
 When court grants bail under (1) or (2), it can also make it conditional.
4. Powers of HC or Sessions Court in granting bail
 S. 439(1).
 Unless person is in custody, application for bail under S. 439 is not maintainable.
 Application to HC only in special circumstances.

ANTICIPATORY BAIL
 S. 438.
 Can only be granted by Sessions Court or HC. If rejected by Sessions Court, petitioner
cannot approach HC with same grounds.
 It is contested whether application should be presented in jurisdiction of crime or of
apprehended arrest.
 S. 438 applies only to non-bailable offences, but not necessarily only cognizable ones.
 Conditions mentioned in S. 437 cannot be read into S. 438.
 Read through pg. 163-166, Chota Kelkar.

CANCELLATION OF BAIL
 S. 439(2)- HC or Sessions Court may cancel bail.
 S. 437(5)- any court that granted bail in non-bailable case and thinks it should cancel.
 Court should re-appreciate evidence when considering cancellation.
 Public Prosecutor v George Williams, pg. 169, Chota Kelkar.
 Judge who granted bail need not be the one to hear petition for cancellation.

POWERS OF APPELLATE COURT IN RESPECT OF GRANTING BAIL

 When appeal against conviction is pending, appellate court may suspend sentence, release
on bail, etc. But it must record its reasons for doing so- S. 389(1).
 Appellate court has this power only after filing of appeal.
 Just fucking read that part of the chapter. Pg. 170, Chota Kelkar.

GENERAL PROVISIONS REGARDING BOND OF ACCUSED AND SURETIES

 S. 440-450.
 Surety to furnish number of people for which they have stood surety to eliminate
‘professional surety’ lol.
CHARGE
 Charge = accusation.
 It is a formal accusation in writing against a person saying he committed an offence.
 Accusation has to be informed to the accused at the beginning of the trial itself.
 Court has to frame the charge against the accused.
 S. 2(b)- When framing charge, it has to confine attention to documents under S. 173
 In warrant case- formal charge in writing required.
 In summons case/summary trial- substance of accusation stated to accused.
 No evidence required to frame charge.
 S. 207 & 227- court can only look at prosecutions’ material while giving chance to the
accused to state why evidence is insufficient before framing charge.
 Court not empowered to invoke S. 311 (examining witnesses) before framing charges. S.
311 is to be interpreted with reference to S. 227 (discharge).

FORM AND CONTENT OF CHARGE

Content of charge:

 S. 211(1)- Charge should state offence

 S. 211(2)- Offence should be stated in the charge by the specific name given to it.
 S. 211(3)- If the law does not give a specific name to the offence, enough description
must be given to figure out what it is.
 S. 211(4)- The law and section of the law against which the offence is committed should
be stated.
 S. 212(1)- Particulars of the offence should be written down- time, place, person against
whom, thing committed, so that the accused knows wtf is going on.
o S. 212(2)- If criminal breach of trust or dishonest misappropriation, then just the
gross sum, without specifying particular items or dates. If the first and last dates of
the offence was within a year, it will be one charge under S. 219.
 S. 211(7)- If the accused has pulled previous shit that could get him a harsher sentence,
then time place etc of previous offence has to be stated. It can be stated any time before
passing of sentence.
 S. 213- If the above 6 points do not give the accused enough info to understand the
charge, the particulars of the manner in which the offence was committed should also be
written down.
 S. 211(5)- If the charge is made, it means that every legal condition required to constitute
the offence was fulfilled in the case.
 S. 211(6)- To be written in language of the court.
 S. 214- Words used in describing the offence should have the meaning attached to them
by the law.

Charge- Form 32 of Second Schedule of Code.

ALTERATION OF CHARGE AND PROCEDURE THEREAFTER

 S. 216(1)- Court may alter or add to any charge any time before judgment is pronounced.
 Orders to alter charges should not cause prejudice against accused.
 Fact of alteration to be communicated to accused.
 S. 216 & 217- Prosecution and defence to be allowed to re-examine witnesses already
examined if charges altered.

Procedure after Alteration

 S. 216(2)- Alteration to be read and explained to accused.
 S. 216(3)- Court may proceed with trial if addition or alteration would not cause prejudice
to any party.
 S. 216(4)- If prejudice likely, court can direct a new trial or adjourn present trial for
however long.
 S. 216(5)- If the offence added requires the prosecution to get some previous sanction the
trial has to be adjourned till they get it.
 If charge has been altered after trial has begun:
o Party will be allowed to recall and examine witnesses, unless the court refuses on
grounds that they are calling the witnesses just to stall.
o S. 217- Party will be allowed to call further witnesses whom the court may think
are material.
 Unless court specifically passes an order for new trial, it cannot be assumed that a new
trial is happening because of alteration of charges.
BASIC RULE REGARDING CHARGE AND ITS TRIAL
 S. 218(1)- For every distinct offence of which a person is accused there is a separate
charge and each charge shall be tried separately.
 The rule attempts to avoid a situation in which the court gets prejudiced against the
accused.
 However, strict application of the above may lead to multiplicity of trials. So exceptions
have been provided in Ss. 218(1) proviso, 219, 220, 221 and 223.
 Separate charge is for each distinct offence and not for every or each offence.
 Distinct offence is distinguished by:
o Difference in TIME and PLACE of occurrence
o Victims of crime being different
o Acts constituting offences being covered by different sections

Exceptions to the basic rule

1. Desire of accused-
 Proviso, S. 218(1)- If there is an application by accused in writing and the
Magistrate thinks no prejudice.
 Proviso, S. 223- If number of persons charged with same offence, application in
writing, Magistrate thinks no prejudice.
2. Three offences of same kind within one year, charged together-
 S. 219(1)- Offences are of same kind, number of offences not greater than three,
happened within one year, can be tried at one trial.
 S. 219(2)- offences are of same kind when they are punishable under same section
of law with the same amount of punishment.
 Proviso, S. 219(2)- Theft under S. 379 & 380, same kind of offence. Offence and
attempt to commit offence, same kind of offence.
3. Offences committed in the course of the same transaction-
 S. 220(1)- If more offences than one are committed in the same transaction, one
trial.
 Immaterial whether offences were of same kind or not, or whether they were
committed in one year, or were three or less in number.
 ‘Same transaction’ = proximity of time or place, unity of purpose, design or
continuity of action.
  If two FIRs are lodged, and offence in second FIR is a consequence of offence in
first FIR, they are the same.
4. Offences of criminal breach of trust or dishonest misappropriation of property and their
companion offences of falsification of accounts-
 S. 220(2)- If person charged with breach of trust or misappropriation of property
(S. 212(2) and 219(1)) is accused also of committing falsification of accounts, one
trial.
5. S. 220(3)- Same act falling under different definitions of offences, one trial.
6. S. 220(4)- Acts forming an offence, also constituting different offences when taken
separately or in groups, one trial.
7. Where it is doubtful what offence has been committed-
 S. 221(1)- Accused may be charged with any or all offences alleged to have been
committed, and several such charges will be tried at once. Alternatively, he can be
charged with one of the said offences.
 S. 221(2)- If the accused is charged with one of the offences, and in evidence it is
proved that he committed another, he may be convicted of that offence without
being charged with it.
 This exception is applicable with respect of cognate offences such as theft and
criminal breach, but not distinct offences such as theft and murder.
8. Certain persons may be charged jointly- S. 223- the clauses need not be treated as
mutually exclusive.

CONVICTION FOR OFFENCE NOT CHARGED WHEN SUCH OFFENCE IS INCLUDED IN

OFFENCE CHARGED
 S. 222(1)- When minor charges combine to form major charge, he can be convicted of
minor charge.
 S. 222(2)- Person charged with offence evidence which reduces it to minor offence 
convicted of minor offence.
o Major and minor offences must be cognate offences, not distinct ones.
o Minor offence must be constituted of some elements of the major one.
 S. 222(3)- Can be charged with attempt to commit offence, even if attempt not separately
charged.
 S. 222(4)- Cannot convict of minor offence where conditions for initiation of proceedings
of minor offence not satisfied.

WITHDRAWAL OF REMAINING CHARGES ON CONVICTION ON ONE OR SEVERAL

CHARGES
S. 224- with consent of court, prosecutor may withdraw remaining charges. This will have
effect of acquittal, unless conviction is set aside, in which case the court may proceed with
enquiry/trial of charges so withdrawn.

APPLICABILITY OF PROVISIONS RELATING TO JOINDER OF CHARGES TO CASES

WHERE NO CHARGE IS FRAMED
In summons cases no formal charge needs to be framed against accused. But courts have held
that joinder of charges and offenders are applicable in trial of summons cases as well.

EFFECT OF OMISSION TO FRAME, OR ABSENCE OF, OR ERROR IN CHARGE

 S. 215- Unless accused was misled by error in the charge, no error shall be regarded as
material. The court has to take into account the way the accused conducted the defence to
see if he was misled.
 S. 464(1)- Unless court of appeal finds that failure of justice took place, lack of charge, or
irregularities, etc., won’t affect the order/sentence of a competent court.
 If failure of justice has taken place, court of appeal/confirmation/revision may:
o If omission to frame charge- order that charge be framed and trial recommenced
from that point immediately.
o If error, omission or irregularity- direct a new trial based on charge framed in
appropriate manner.
TRIAL OF WARRANT CASES
 Trial of serious warrant cases- Sessions Court. Not so serious warrant cases- Magistrate.
Decided by Column 6, First Schedule.
 Sessions Court cannot take cognizance of such offence. Magistrate must take cognizance
and commit case to Sessions Court for trial.
 S. 199(2), (3), (4), (5), (6)- Sessions Court can only take direct cognizance in case of
defamation of high dignitaries and public servants under certain circumstances. Trial to
occur with normal procedure, subject to S. 237.

TRIAL BEFORE A SESSIONS COURT

1. Parties
 S. 225- Prosecution to be conducted by Public Prosecutor.
 Defence should have a lawyer. One should be supplied if the accused is too poor.
 S. 207 & 208- Committing Magistrate to submit documents- police report, FIR,
statements recorded by police, etc.- to accused.
2. Opening case for prosecution
 S. 226- Accused brought before court under S. 209, prosecutor to open case by
describing accusation and evidence.
3. Discharge of accused
 S. 227- If the court decides, on going through the evidence that there is no
sufficient ground for proceedings, it shall discharge the accused and record the
reasons.
4. Framing of charge
 If the court decides there is ground for presuming that the accused has committed
an offence which
i. Is not exclusively triable by Sessions Court- Court frame charges against
accused  Transfer case for trial to CJM or other Judicial Magistrate of
first class  Direct accuse to appear before the CJM on a date 
Magistrate will try the offence
ii. Is exclusively triable by Sessions Court- S. 228(1)- Court will frame
charge in writing against the accused.
 The evidence should prima facie point to the guilt of the accused.
5. Explaining charge to the accused and enquiring about plea
  S. 228(2)- Charge should be read out and explained to the accused. He will then
asked if he pleads guilty or wants to be tried.
6. Conviction on plea of guilty
 S. 229- if the accused pleads guilty, the court will record the plea and convict him.
 Court will follow procedure for passing sentence, etc.
7. Date for prosecution-evidence
 S. 230- If accused is not convicted under S. 229, the court will fix a date for
examination of witnesses, may issue process for compelling attendance of
witnesses, production of document, etc.
8. Evidence for prosecution
 Examination of witnesses-
i. S. 231(1)- Court will take evidence produced in support of prosecution.
ii. S. 231(2)- Court may permit cross-examination to take place after other
witnesses have been examined, or recall witnesses, etc.
 Record of evidence-
i. S. 276(1)- Evidence of witness to be taken down by judge, by dictation in
open court, or under his supervision.
ii. S. 276(2)- Usually evidence taken down as narrative. However, can also be
taken down in Q&A format.
iii. S. 277- Deals with evidence and language of court.
iv. S. 278(1)- Evidence of each witness to be read to him in presence of
accused and corrected by him if necessary. S. 278(2)- If witness points out
a mistake the judge need not correct it; he can simply make a
memorandum of the objection made and add remarks if he wants.
v. S. 278(3)- If record is in a language different from that of witness, it will
be interpreted for him.
vi. S. 276(3)- Evidence will be signed by judge and form part of record.
vii. S. 280- Judge can also add remarks about demeanour of witness.
viii. S. 279- Evidence interpreted to the accused or his lawyer.
9. Arguments on behalf of prosecution
10. Examination of accused
11. Acquittal of accused after hearing the parties
 S. 232- If the court decides no evidence against accused, it can acquit him.
12. Evidence for the defence
 Examination of witnesses for defence-
i. S. 233(1)- If accused not acquitted as in (11) above, he has to give
evidence to support his defence.
ii. S. 233(3)- The court can issue process as required by accused for
attendance of witnesses, etc., but the court can refuse if it is made to delay
the process.
iii. Non-compliance with S. 233 does not vitiate the trial if it causes no
prejudice to the accused.
 Written statement of the accused-
i. S. 233(2)- Accused may submit a written statement of his defence.
 Record of evidence-
i. Same procedure as (8) above.
13. Court witnesses
 S. 311- Court can summon and examine any person as court witnesses if required.
14. Arguments
 S. 234- Defence evidence recorded  Prosecutor sum up case  Accused/his
pleader entitled to reply. If law-point raised by defence, prosecution may make
submission with respect to that point.
15. Judgment
 S. 235(1)- After hearing arguments, court gives judgment.
 S. 353-365- Sections regarding pronouncement, language and content, etc.
16. Procedure to follow order of conviction
 S. 360, Probation of Offenders Act- Court may release accused on probation if
good conduct.
 S. 235(2)- If accused is not so released, the court will hear him on sentencing, then
pass sentence.
17. Procedure in case of previous conviction
 S. 236- If the accused is charged with previous conviction under S. 211(7) and
accused does not admit this previous conviction, the court will take evidence of
previous conviction and record finding. This is to decide whether to enhance
punishment or not.
TRIAL OF WARRANT CASES BY MAGISTRATES
1. Provisions applicable to warrant cases instituted on police report – S. 238-243.
2. Provisions applicable to warrant cases instituted otherwise than on police report- S. 244-
247.
3. Provisions commonly applicable- S. 248-250.

Cases Instituted on Police Report

1. Supply of copies to the accused
 S. 238- Magistrate to supply FIR, police report, etc., under S. 207 to accused on
appearance.
2. Discharge of accused
 Magistrate will consider police report and documents under S. 173 furnished to
accused.
 Examine the accused
 Give prosecution and accused a chance to be heard.
 S. 239- If he feels charge is groundless, Magistrate can discharge accused.
3. Framing of charge
 S. 240(1)- If the Magistrate hears the matters under (2) and decides allegation not
baseless, he must prepare charge in writing.
4. Explaining charge to accused
 S. 240(2)- Read and explained to accused, asked if he pleads guilty or wants to be
tried.
5. Conviction on plea of guilty
 S. 241
6. Fixing date for examination of witnesses
 S. 242(1)- If accused not convicted as per (5), or does not plead guilty, Magistrate
can fix a date for examination of witnesses.
 S. 242(2)- Summons may be issued on application of prosecution.
7. Evidence for prosecution
 Examination of witnesses-
i. On date fixed in (6) witnesses examined.
ii. S. 242(3)- Magistrate may defer cross-examination till later, etc.
iii. Points wrt trial before Sessions Court also applicable here.
 iv. Court can allow recall of witnesses from supplementary list despite
provisions in S. 244 and 246(b).
 Record of evidence-
i. S. 275- Manner in which evidence is taken
ii. S. 278- Reading over of evidence to each witness
iii. S. 280- Recording of remarks wrt demeanour of witness
iv. S. 277- Language in which evidence to be recorded
v. S. 279- Interpretation of evidence to accused/pleader.
vi. S. 275(2)- If Magistrate unable to take evidence by himself, he can get it
taken own under his supervision by an officer of the court, and he has to
record a certificate to that effect.
8. Steps to follow prosecution evidence
 S. 314- Oral arguments, submission of memorandum of arguments
 Examination of accused under S. 313(1)(b).
9. Evidence for defence
 Examination of witnesses-
i. S. 243(1)- Accused called to enter his defence and produce evidence after
(7) and (8).
ii. S. 243(2)- When accused had a chance to cross-examine a witness, process
need not be issued to compel his appearance
 Written statement-
i. S. 243(1)- Written statement put in by accused should be filed as record by
Magistrate.
 Record of evidence-
10. Steps to follow defence evidence

Cases Instituted Otherwise than on Police Report

1. Preliminary hearing of prosecution case
 S. 244- Magistrate will take all evidence as may be produced in support of
prosecution when accused appears before court.
2. Discharge of accused
 S. 245(1)- If no sufficient evidence, Magistrate can discharge the accused.
 S. 245(2)- Can discharge at a previous stage.
3. Framing of charges
 S. 246(1)- Magistrate will frame a written charge of accused if he feels there are
grounds for the allegation.
4. Explaining the charge and the plea of the accused
 S. 246(2) and 246(3).
5. Choice of accused to recall prosecution witnesses
 S. 246(4)- Magistrate has to asked the accused whether he wants to cross-examine
a prosecution witness.
 S. 246(5)- If accused says yes, the witnesses named by him shall be recalled.
6. Evidence for prosecution
 S. 246(6)- After this, evidence of remaining witnesses for prosecution shall be
taken.
7. Evidence for defence
 S. 247- After completion of prosecution, defence will be asked to produce
evidence.
8. Special course to be adopted by Magistrate
 Magistrate not having jurisdiction
i. S. 322- he will stay proceedings and refer it to the correct Magistrate or
submit to CJM.
 Where case should be committed
i. S. 323- If Magistrate thinks it should be tried by Sessions Court, he may
commit the case to that court.
 When Magistrate cannot pass sentence sufficiently severe
i. S. 325(1)- He can record his opinion and forward the accused to the CJM.
ii. S. 325(3)- CJM may examine parties, recall/examine witnesses, etc., and
pass judgment as he thinks fit.

Common Provisions Regarding Conclusion of Trial

1. Acquittal or conviction
 S. 248(1)- If Magistrate finds accused not guilty, he shall record order of acquittal.
 S. 248(2)- If he finds accused guilty, he shall hear the accused on the question of
sentence and then pass sentence.
2. Procedure in case of previous conviction
  248(3)
3. Compensation for accusation without reasonable cause
 S. 250(1)- Person who made the accusation called upon to show cause why he
should not compensate accused.
 S. 250(2)- Magistrate may make order fixing compensation to be paid to accused.
Amount not to exceed fine which Magistrate is empowered to impose.
 S. 250(3)- Magistrate may order that in default of payment, person may undergo
simple imprisonment for period not exceeding 30 days.
PROCEDURE FOR TRIALS OF SUMMONS CASES AND SUMMARY
TRIAL
PROCEDURE FOR TRIAL IN SUMMONS CASE
1. Explaining substance of accusation to accused
 S. 251- Particulars of accusation stated to accused, but formal charge need not be
framed.
 S. 251- Court shall ask accused whether he pleads guilty or has defence.
2. Conviction on plea of guilty
 S. 252- Magistrate will record plea of guilty in the words used by the accused and
convict him.
3. Conviction on plea of guilty in absence of accused in petty cases
 S. 206- In some cases, if accused wants to plead guilty, he need not appear before
Magistrate provided he satisfy some conditions.
 If special summons under S. 206 has been issued, accused can write a letter to the
Magistrate pleading guilty and attach an amount specified in the summons as fine.
 The amount transmitted will be set-off against the fine.
 S. 253- if the pleader of the accused pleads guilty, Magistrate will record it and
may convict the accused.
4. Hearing of the prosecution case
 Hearing the prosecution
i. S. 254(1)- If Magistrate does not convict under (2) or (3) above, he shall
proceed to hear prosecution.
 Evidence for prosecution
i. S. 254(1)- Evidence in support of prosecution considered by Magistrate.
ii. S. 255(1)- Magistrate may issue summons, etc.
 Record of evidence
i. S. 274(1)- Memorandum of substance of evidence in language of court. If
Magistrate unable, then memorandum in writing or from dictation in open
court.
ii. S. 274(2)- Memo to be signed by Magistrate and made part of record.
iii. S. 279- Interpretation of evidence to accused
iv. S. 280- remarks regarding demeanour of witnesses
  Arguments on behalf of prosecution
i. S. 314.
5. Personal examination of accused
 Proviso, S. 313(1)(b)- Where court has dispensed with personal attendance of
accused, it may dispense with examination too.
6. Hearing of defence case
 Hearing the accused and evidence for defence
i. S. 254(1)- hear accused, look at evidence.
ii. S. 254(2)- issue summons, etc.
 Record of evidence for defence
i. See (4(c))
 Arguments
i. S. 314.
7. Special course to be adopted by Magistrate
 S. 322- If he does not have necessary jurisdiction
 S. 323- If he thinks case should be committed to Sessions Court
 He cannot pass sufficiently severe sentence – course to be adopted as above.
8. Acquittal or conviction
 S. 255(1)- Not guilty- record of acquittal.
 S. 255(2)- If guilty, may release on probation under S. 360, Probation of
Offenders Act.
9. Accused can be convicted of offence not charged
 S. 255(3)- as long as it doesn’t cause prejudice
10. Power of court to convert a summons case to a warrant case
 S. 259.
11. Compensation for accusation without reasonable cause
 S. 250.

SUMMARY TRIAL
1. Magistrates authorised to conduct summary trials
a. S. 260(1)
i. Any CJM
ii. Any Metropolitan Magistrate
 iii. Any Magistrate of first class specially empowered on this behalf by HC.
b. S. 261 – Magistrate of second class
c. S. 461(m)- Magistrate not empowered to try in summary manner tries summarily,
trial void.
d. S. 260(2)- Magistrate thus empowered has discretion to do so, but it is to be
exercised judicially.
2. Offences triable summarily
a. S. 260(1)
3. Procedure
a. Normally summons case procedure – S. 262(1)
b. Punishment – not exceeding three months
c. Summary trial to be given up in favour of regular trial – S. 260(2)
d. Record – S. 263
4. Judgment – S. 264 and 265(1).
DISPOSAL OF CRIMINAL CASES WITHOUT FULL TRIAL
CRIMINAL PROCEEDINGS BARRED BY LIMITATION OF TIME
1. Object in allowing the plea of limitation
 S. 468- no court will take cognizance after period of limitation, if punishable with
fine only or imprisonment up to three years.
 Accused may raise preliminary plea of proceedings barred by limitation when
appears before court.
2. Periods of Limitation
 S. 468(2)- prescribes periods of limitation. To be read with other provisions in
Code relating to limitation.
 Limitation prescribed is with reference to filing of complaint, not date of
cognizance or issuance of process.
 No period available for offence punishable with imprisonment greater than three
years.
 Limitation also excluded wrt certain economic offences.
 Wrt offences which may be tried together, period is determined by most severe
offence.
3. Commencement of period of limitation
 S. 469(1)-
i. On date of commission
ii. When offence comes to knowledge of victim/police
iii. When identity of offender comes to knowledge of victim/police.
 S. 469(2)- Date from which such period is to be computed shall be excluded.
 S. 472- Fresh period of limitation begins to run at every moment during which
offence continues.
4. Exclusion of time in certain cases
 S. 470(1)- If person has been prosecuting another case in any court against the
same offender. But case must have same facts, prosecution in good faith.
 S. 470(2)- Where prosecution stayed by injunction/order.
 S. 470(3)- Where sanction of government or authority is required.
 S. 470(4)- accused absent from India or absconding.
 S. 471- when period expires on day court is closed.
5. Extension of period of limitation
 S. 473- Extension if delay reasonably explained or for interest of justice.
 Principles of natural justice say that delay can be condoned only after allowing
accused to reasonably oppose prosecution’s plea of extension.

AUTREFOIS ACQUIT AND AUTREFOIS CONVICT

S. 300- Convict can say that he was earlier tried for the same offence and so FO.

 Tried = court took cognizance and issued process for accused’s appearance.
 Court has to be of competent jurisdiction.
 Same offence = ingredients of two offences are identical.

PRINCIPLE OF ISSUE-ESTOPPEL
If a court has given a finding on a question of fact, prosecution is estopped from giving new
evidence and obtain a different finding.

COMPOUNDING OF OFFENCES
S. 320.

WITHDRAWAL FROM PROSECUTION

1. Discretion of Prosecutor – S. 321
 Withdrawal any time before judgment pronounced.
 No right at appellate stage to withdraw.
 Complainant has no say.
2. Discretion of court
 Withdrawal has to be done with consent of court.
3. Consequence of withdrawal
 Before charge framed- amounts to discharge of accused
 After charge framed- amounts to acquittal of accused.

WITHDRAWAL OF COMPLAINT
 S. 257- In summons case, complainant convinces Magistrate, good reason to withdraw
complaint.
 In warrant case, complainant has no power. S. 224 has some relevance to this.
ABSENCE OR NON-APPEARANCE OF COMPLAINANT
1. Trial of warrant case before Magistrate
 S. 249- Complainant absent on day of hearing. If offence can be compounded/is
not cognizable, Magistrate can discharge accused.
2. Trial of summons case
 S. 256(1)- Magistrate may acquit the accused, adjourn hearing or dispense with
appearance of complainant.
 S. 256(2)- If complainant dies lol. Same rule as above.

ABATEMENT OF PROCEEDINGS ON THE DEATH OF ACCUSED

 No specific provision in this regard because evident.
 S. 394(1)- Appeal against sentence on inadequacy and in case of acquittal abates on his
death.
 S. 394(2)- Every other appeal also abates on death of appellant-accused.
 Two exceptions:
o Appeal from sentence of fine will not abate.
o Appeal against conviction and sentence of death or imprisonment- near relative
may apply to court within 30 days of death to continue appeal.

POWER OF COURT TO STOP PROCEEDINGS IN CERTAIN CASES

 Any Magistrate of First Class, apart from Judicial Magistrate, with sanction from CJM,
can stop proceedings at any stage.
 S. 258- if stopped after evidence of principal witness, acquittal. If before, discharge.

CONDITIONAL PARDON TO AN ACCOMPLICE

S. 306 & 307- Criminal proceedings against accused ended by giving pardon.
JUDGMENT
FORM AND CONTENTS
Language and Contents of Judgment
1. S. 354-
1. Written in language of court.
2. Shall contain points for determination, the decision, and reasons for the decision.
 Should commence with statement of facts
 Careful analysis and appraisal of evidence
 Reasons for accepting a viewpoint.
3. Specify offence and section of IPC.
4. If acquittal, state offence of which accused is acquitted.
2. S. 334- If accused insane, he won’t be released on acquittal. The judgment will state
whether the act was committed by the accused or not.
3. S. 335- Custody of people acquitted under S. 334.
4. S. 336, 338 & 339- powers of officers in cases of S. 334.
5. Conviction order is not a judgment, judgment is complete only once sentence is
determined.

Judgment in Abridged Forms

 S. 355- judgment given by Metropolitan Magistrate to be in abridged form.
 S. 263-264- Judgment of summary trial also in abridged form.

POST-CONVICTION ORDERS
 Court may release accused on probation instead of sentencing him under S. 360 & 361 of
Code, and the POA.

S. 360 of Code
 Release on probation of good conduct
o No previous conviction
o Woman of any age, man under 21, offence not punishable with death or imprisonment
for life
o Person convicted is not under 21, but offence is punishable with only fine or
imprisonment for seven years or less.
 Release after admonition
o No previous conviction
o Offence is
i) Theft
ii) Theft in a building
iii) Dishonest misappropriation
iv) Punishable under IPC w/ not more than two years’ imprisonment
v) Punishable with fine only.
 S. 360 of Code not apply in States wherein POA is brought into force.

No Imprisonment in Case of Young Offenders

 S. 6, POA

Special Directive in Favour of Non-Punitive Measures

 S. 361.

Judicial Discretion in Sentencing

 Proper sentence amalgam of many factors- nature of offence, circumstances-
extenuating/aggravating- prior record, age, education, home, life, sobriety, etc.
 S. 235(2) & 248(2)- if found guilty, accused will be heard on question of sentence, then
sentence passed against him.
 By-passing of above two sections is not curable under S. 465, they are an important part
of the trial.

DECISIONS AS TO SPECIFIC PUNISHMENTS

 Sentence to death-
o S. 354(3)- judgment should state reasons for the sentence awarded in cases of
conviction of offences punishable with death, etc.
o S. 354(5)- for death, sentence should specifically say the he should be hanged by the
neck until dead.
o Therefore, special reasons for awarding death, example- committed by hardened
criminal, brutal manner, on helpless child/women, etc.
o S. 366(1)- Decision of death of trial court not final till confirmed by HC. Sentence not
to be executed till confirmation.
 o S. 367(1)- if HC thinks additional evidence required.
o S. 369 & 370 read with S. 392- reference to be heard by bench of judges, sentence to
be made by majority constituted by two or more judges.
o When case submitted to HC, it could
i) Confirm sentence or pass any other sentence
ii) Annul conviction and convict accused of offence which Sessions Court may have
convicted him, order a new trial
iii) Acquit the accused.
o S. 368- no order of confirmation until period for appeal expired, or if such appeal is
made and disposed of.
 Sentence of imprisonment
o S. 354(4)- because the Code is not in favour of short-term imprisonments.
o S. 31- discretion to court for allowing sentences of two or more offences to run
consecutively or concurrently.
o If based on one transaction, sentences to run concurrently.
o If consecutive, person should not be sentences to more than 14 years in total.
o S. 28 & 29- sentences which Magistrate or judge is competent to pass.
 Sentence of fine
o S. 63 & 64, IPC.
o S. 30(1) & (2).

PRECAUTIONARY AND PREVENTIVE ORDERS

 S. 356- Order requiring habitual offenders to notify their whereabouts
 S. 106- Preventive measure against the risk of breach of peace.

COMPENSATION AND COSTS

 Guilty person to compensate victim and pay costs of prosecution
o S. 357
o S. 421 & 431- Compensation to be recovered as fine
 Order to pay costs to the successful complainant
o S. 359
 Compensation for wrongful arrests
o S. 358
 S. 357-A- Compensation to victims even when prosecution of accused does not take place

PRONOUNCEMENT OF JUDGMENT
 Modes of pronouncement
o S. 353(1)- Pronounced in open court
i) By delivering whole judgment
ii) Reading out whole judgment
iii) Reading out operative parts and explaining substance to accused
o S. 353(2)- if under (i) above.
o S. 353(3)- if under (ii) or (iii) above.
o S. 353(4)- If (iii) above, copy made available for parties free of cost.
o S. 353(5) & (6)- Trial court required to secure appearance of accused during judgment
delivery. But proviso.
 Court not to alter judgment
o S. 362.
APPEALS
S. 372- no appeal unless specifically provided for by Code or any other law.

PART I- TYPES OF APPEALS

Appeal from Convictions
No Appeal in Certain Cases
1. S. 376- No appeal in petty cases
2. S. 375- No appeal from conviction on plea of guilty

Appeals to Superior Courts

S. 380- if two or more people are convicted in one trial and one has right of appeal, they all
have right of appeal.

1. Appeal to the SC
a. S. 374(1)- convicted by HC under extraordinary original jurisdiction.
b. S. 379- HC reversed order of acquittal, sentenced person to death, etc.
c. A. 132(1), Consti- HC certifies case involves substantial question of law to
interpretation of the Consti.
d. A. 134(1), Consti- sentences him to death or certifies appeal to SC.
e. A. 136, Consti- special leave.
f. Under Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act.
2. S. 374(2)- Appeal to the HC
3. S. 374(3)- Appeal to Sessions Court

Appeal Against Inadequacy of Sentence

 S. 377- Appeal against acquittal.
 S. 372- Victim has power to appeal against acquittal
 S. 378- Restrictions on appealing.
 A. 132, 134 and 136 of Consti- theoretically possible to appeal in front of SC against
inadequacy of sentence passed by HC.

Appealing Against Order of Acquittal

 S. 378.
PART II- PROCEDURE FOR DEALING WITH AN APPEAL AND POWERS OF
APPELLATE COURT
Petition of Appeal and its Presentation
 S. 382- petition in writing, presented by appellant/pleader, along w/ copy of judgment or
order
 S. 383- if appellant is in jail, he can give his petition and copies to the officers in charge
of the jail and they will forward it. Called JAIL APPEALS.
 When several persons convicted at one trial, they can present one appeal together.

Hearing of Appeals in Sessions Courts

 S. 381.

Summary Dismissal of Appeals

 Petition of appeal to be examined
o S. 384(1)- appellate court can summarily dismiss petition if it finds it to be
groundless.
 Calling for the record
o S. 384(2)
 Reasonable opportunity of being heard
o S. 384(1), proviso (a)
 Special provisions regarding jail appeals
o S. 384(1), proviso (b)- Jail appeal cannot be dismissed without giving appellant
reasonably opportunity of being heard, unless court finds it frivolous.
o S. 384(1), proviso (c)- Jail appeal not to be dismissed summarily unless period for
appeal expired.
 Recording of reasons
o S. 384(3)
 Summary dismissal of jail appeal is no bar to the hearing of regular appeal
o S. 384(4)
 Non-appearance of the appellant
o Court not bound to adjourn matter, though it could do so anyway.
o KS Panduranga v State of Karnataka, pg. 304, Chota Kelkar.
 No power to allow withdrawal of appeal
 o Appeal can abate only on death of appellant and not otherwise.
 Summary dismissal
o SC found S. 384- which deals with summary dismissal of appeal- too arbitrary.
o They said rule for appeals under S. 379 or A. 134(1)(a) and (b) is issuing notice to
State, calling for record and recording reasons for dismissal of appeal. Summary
dismissal only in exceptional cases after preliminary hearing, looking at materials
placed by appellant before court and recording brief grounds for dismissal.
o If real doubt, benefit of doubt to go to appellant.

Procedure in Appeals not Dismissed Summarily

S. 385

Powers of Appellate Court to Grant Bail, etc.

S. 389 & 390- suspension of sentence pending appeal, release of appellant on bail, etc.

Powers of Appellate Court to Obtain Evidence

1. If appellate court decides additional evidence is required it has to record reasons and it
may
i) Take evidence itself or
ii) Get a subordinate court/Magistrate to do it.
o Additional evidence is taken as if it were an enquiry, under Chapter XXIII.
2. S. 391- when additional evidence is to be taken by subordinate court, evidence to be
certified to appellate court.

Powers of Appellate Court in Disposing of Appeals

 S. 386.
 Two essential conditions
1. Court must peruse record of case.
2. Appellate court must hear accused/pleader and Public Prosecutor.
 After this, court may exercise following powers:
1. In an appeal deserving dismissal
 Dismiss the appeal
2. In an appeal from an order of acquittal
 S. 386(a)
 Presumption of innocence strengthened by acquittal
  Three principles:
 Appellate court has powers to review evidence on which order of
acquittal is founded
 Principles laid down in Sheo Swarup v King Emperor, pg. 309,
Chota Kelkar, are accurate guide
 Should consider every matter on record, and also give reasons to
hold that acquittal was not justified.
3. In an appeal from a conviction
 S. 386(b)(i)- Reverse the finding
 S. 386(b)(ii)- Alter the finding
 S. 386(b)(iii)- Alter nature or extent of sentence, but not to enhance.
4. In an appeal for enhancement of sentence
 Same powers as in case of an appeal from conviction in (3) above.
 S. 386(c)- Also, powers to enhance or reduce sentence.
5. In an appeal from any other order.
 S. 386(d)
6. Consequential or incidental order
 S. 386(e)

Procedure where the Judges of the High Court Bench are Equally Divided
 S. 392- Appeal with opinions to be laid before another judge of that court and he shall
deliver his opinion, and order shall follow that opinion
 S. 392, Proviso- if that other judge so requires, appeal shall be decided by a larger Bench.

Order of High Court on Appeal to be Certified to Lower Court

S. 388

Rules Regarding Judgment of Subordinate Appellate Court

 S. 387- Rules in S. 353-365 apply to Sessions Court or CJM.
 Proviso, S. 387- Unless appellate court so requires, accused need not be brought up.

Finality of Judgments and Orders on Appeal

 S. 393- Judgments and orders passed by appellate court, final other than provided for in S.
377, 378, 384(4) or Chapter XXX.
 Read pg. 313, Chota Kelkar.
Abatement of Appeals
S. 394.
REFERENCE AND REVISION
PART I- REFERENCE TO HIGH COURT
Reference on Question of Constitutional Validity
S. 395(1)

Reference on Other Question of Law

S. 395(2)

Post-Reference Procedure
HC will pass order as it thinks fit, copy of order sent to court which made reference.
Subordinate court will dispose case according to order of HC.

PART II- REVISION

In cases where no appeal is allowed for, Code allows for ‘revision’.

Power to Call for and Examine the Record of the Lower Court
 S. 397(1)- HC or Sessions Court can call for and examine record of inferior criminal court
within jurisdiction
 If HC/Sessions Court thinks corrective action is necessary, powers under S. 398-401.

No Revision in Respect of Interlocutory Orders

 S. 397(2)- Powers under 397(1) not to be exercised wrt interlocutory orders.
 This is to bring about expeditious disposal of criminal cases.
 Interlocutory order = intermediate order made during preliminary stages of enquiry/trial
to advance cause of justice for final determination of rights b/w parties.
 They are purely interim in nature and do not decide important rights and liabilities of
parties.
 Read difference b/w interlocutory and whatever the fuck kind of orders- pg. 322, Chota
Kelkar.
 Bar put by S. 397(2) cannot be circumvented by S. 482.

Only One Revision Petition Either to Sessions Court or the High Court
 S. 397(3)
 But the bar is on revision petition filed by the same person only.
Statement of Metropolitan Magistrate Indicating Grounds of his Decision
S. 404

Power of Court of Revision to Order Enquiry

S. 398

Session Judge’s Powers of Revision

S. 399.

High Court’s Powers of Revision

1. Specific powers
 S. 401(1)
 Revisional powers are wide and discretionary.
 Decisions to be supported with reasons.
2. Restrictions on invoking the revisional powers
 Revision application made before Sessions Judge  no proceedings at instance of
same person in front of HC.
 Where appeal lies, but no appeal brought, no revision shall be entertained.
 Restrictions do not apply when HC acts suo motu.
3. How powers are exercised
 Only to be used when there is a manifest error on a point of law.
 Two limitations:
i. S. 397(2)- not be exercised wrt interlocutory order
ii. S. 401(2)- HC in exercising revisional jurisdiction to have no authority to
convert finding of acquittal to conviction.
4. Opportunity to a party of being heard
 S. 398, Proviso
 S. 401(2)
 Additionally, court of revision has discretion under S. 403.
5. Treating application for revision as petition of appeal
 S. 401(5)
6. No abatement of revision by death of the petitioner
Power of High Court to Withdraw or Transfer Cases
 S. 402(1)
 S. 402(4)

Order of Revisional Court to be Certified to Lower Court

S. 405.