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DIFFERENCE
1. Distinguish between cognizable and non-cognizable offences. (04 marks)
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Answer: SYNOPSIS
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2
TOPICS
Introduction
Difference
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1. INTRODUCTION:
Offence refers to an illegal act or crime that is punishable in nature and against which a complaint can be registered
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with police or magistrate etc. An offence can be classified as a cognizable offence and non-cognizable offence.
Following are the points how cognizable offence differs from non-cognizable offence: -
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2. DIFFERENCE:
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BASIS
Definition
p r a COGNIZABLE OFFENCE
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the Criminal Procedure Code, Criminal Procedure Code
1973 1973.
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“Cognizable offence means an “Non-cognizable offence
offence for which, and “cognizable means an offence for which,
case” means a case in which, a and “non-cognizable case”
police officer may,4Gin accordance means a case in which, a
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withtr-the First Schedule or under police officer has no authority
any other law for the time being in to arrest without warrant.”
force, arrest without warrant.”
2 Investigation The police can start a preliminary The police officer cannot start
investigation without the the investigation without the
permission of the court or without permission of the court.
registering the FIR.
3 Registration Of The police officer is bound to The police officer is not
FIR register the FIR even without the bound to register the FIR or
permission of Magistrate. cannot register the FIR
without prior permission of
the magistrate.
4 FIR by Victim5O2L8T5P3R
The victim can file an FIR or make
1P4N The victim can only make a
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a complaint to the magistrate. complaint to the magistrate.
5 Type of offence It is a non-bailable offence. It is a bailable offence.
6 Examples These are heinous crimes like These crimes are not so
murder, rape, dowry death etc. serious like forgery, cheating,
defamation etc.
S. NO. TOPICS
1 Introduction
2 Definition
3 Examination
4 Procedure
5 Postponement
6 Dismissal
1. INTRODUCTION:
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Term ‘Complaint’ is defined under Section. 2(d) of the Code of Criminal Procedure, 1973 and the other provisions
related to it has been laid down from Section. 200- 203 of the Code. Accordingly,
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2. DEFINITION: (SECTION. 2(d))
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“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under
this Code that some person, whether known or unknown, has committed an offence, but does not include a police
report.
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Explanation: -A report made by a police officer in a case which discloses, after investigation, the commission of a
non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made
shall be deemed to be the complainant.
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A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the
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witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed
by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the
witnesses-
complaint; or
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(a) If a public servant acting or purporting to act in the discharge of his official duties or a Court has made the
4. PROCEDURE BY MAGISTRATE NOT COMPETENT TO TAKE COGNIZANCE OF THE CASE: (SECTION. 201)
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,
(a) If the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
(b) If the complaint is not in writing, direct the complainant to the proper Court.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of
Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
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(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that
investigation all the powers conferred by this Code on an officer in charge of a police station except the power
to arrest without warrant.
3. Explain the procedure for trial of a warrant-case (by a Magistrate) instituted on a police report and otherwise
than on police report. (08 marks)
Answer: SYNOPSIS
S. NO.
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TOPICS
Introduction
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2 Cases instituted on a police
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report
3 Cases instituted otherwise
than on police report
1. INTRODUCTION:
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Procedure for trial of a warrant case by Magistrate on a police report is given from Section. 238- 243 and otherwise
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than on a police report is given from Section. 244- 247 and conclusion of a trial is given from Section. 248- 250 of
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the Code of Criminal Procedure, 1973. For which one should know what is ‘warrant case’ which has been defined
under Section. 2(x)
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“Warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment
for a term exceeding two years.”
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2. CASES INSTITUTED ON A POLICE REPORT: (SECTION. 238- 243)
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I. 238. Compliance with section 207-
When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate
at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions
of section 207. tr-5G2K8K5H
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(207. Supply to the accused of copy of police report and other documents- In any case where the proceeding
has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a
copy of each of the following:—
(i) the police report;
(ii) The first information report recorded under section 154;
(iii) The statements recorded under sub-section (3) of section 161 of all persons whom the prosecution
proposes to examine as its witnesses, excluding there from any part in regard to which a request for such
exclusion has been made by the police officer under sub-section (6) of section 173;
(iv) The confessions and statements, if any, recorded under section 164;
(v) Any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-
section (5) of section 173.)
of the prosecution:
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(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support
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Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other
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witness or witnesses have been examined or recall any witness for further cross-examination.
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VI. 243. Evidence for defence-
(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the
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accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for
compelling the attendance of any witness for the purpose of examination or cross-examination, or the
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production of any document or other thing, the Magistrate shall issue such process unless he considers
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that such application should be refused on the ground that it is made for the purpose of vexation or delay
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or for defeating the ends of justice and such ground shall be recorded by him in writing.
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any
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witness before entering on his defence, the attendance of such witness shall not be compelled under this
section, unless the Magistrate is satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that
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the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in
Court.
4. What are the provisions relating to sentence of imprisonment in default of payment of fine and what is the
Answer: SYNOPSIS
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maximum period of imprisonment in default of fine when the offence is punishable with fine only?
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(08 marks)
S. NO.
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2
TOPICS
Introduction
Provision under CrPC
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1.
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INTRODUCTION:
Provision under IPC
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Provision related to sentence of imprisonment in default of payment of fine has been laid down under Section.
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30 of the Code of Criminal Procedure, 1973. And others are given from Section. 63- 69 of the Indian Penal Code,
1860. Accordingly,
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2. PROVISION UNDER CrPC: (SECTION. 30)
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Sentence of imprisonment in default of fine-
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(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorized
by law:
Provided that the term—
(a) is not in excess of the powers of the tr-
Magistrate
5G2K8K5H3Iunder
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(b) Shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth
of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence
otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under Section 29.
II. 64. Sentence of imprisonment for non-payment of fine- In every case of an offence punishable with
imprisonment as well tr- as5O2L
fine,
8T5Pin which
3R1P 4N the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender
is sentenced to a fine,
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of
payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in
excess of any other imprisonment to which he may have been sentenced or to which he may be liable under
a commutation of a sentence.
IV. 67. Imprisonment for non-payment of fine, when offence punishable with fine only- If the offence be
punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall
be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of
fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the
amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount
shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
V. 68. Imprisonment to terminate on payment of fine- The imprisonment which is imposed in default of payment
of a fine shall terminate whenever that fine is either paid or levied by process of law.
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VI. 69. Termination of imprisonment on payment of proportional part of fine- If, before the expiration of the term
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of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of
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imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid,
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the imprisonment shall terminate.
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ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS (S.125)
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on which maintenance can be claimed and on which it can be rejected?
Answer: SYNOPSIS
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Who are entitled to claim maintenance under Section.125 of the Code of Criminal Procedure? State grounds
n (08 marks)
S. NO.
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TOPICS
Introduction
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1. INTRODUCTION:
To
Order for Maintenance
Case Law
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of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without
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any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favor an order has been made under this section in living in adultery, or that
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without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent
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3. CASE LAW:
M. A. REHMEN versus VENKAT RAMAPPA, 1981, NIPRA
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- Hon’ble Court has held that even if Husband has changed his religion then also he is bound to pay Maintenance.
6.
1973.
A.6
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Discuss the provision relating to “Proclamation and Attachment” laid down under Criminal Procedure Code,
(08 marks)
Answer: SYNOPSIS
S. NO. TOPICS
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1 Introduction
2 Proclamation
3 Attachment
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1. INTRODUCTION:
The terms ‘Proclamation and Attachment’ are not literally defined in the Code but few provision related to it are
given under Section. 82 & 83 respectively of the Code of Criminal Procedure, 1973. Accordingly,
3. ATTACHMENT: (SECTION.83)
(1) The Court issuing a proclamation under Section 82 may, for reasons to be recorded in writing, at any time
after the issue of the proclamation, order the attachment of any property, movable or immovable, or both,
belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the
Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be
issued,
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,
it may order the attachment simultaneously with the issue of the proclamation.
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(2) Such order shall authorize the attachment of any property belonging to such person within the district in which
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it is made; and it shall authorize the attachment of any property belonging to such person without such district
when endorsed by the District Magistrate within whose district such property is situate.
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(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section
shall be made-
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(a) by seizure; or
(b) by the appointment of a receiver; or
his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
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(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on
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(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of
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land paying revenue to the State Government, be made through the Collector of the district in which the land
is situate, and in all other cases-
(a) by taking possession; or
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(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or
to any one on his behalf; or
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(d) by all or any two of such methods, as the Court thinks fit.
(5) f the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it
thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the
order of the Court. 3I1B4G
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(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of
a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).
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