LLB (3-YDC) — V Semester

Code of Criminal Procedure, 1973

1. COGNIZABLE OFFENCE:
Ans. Defini(on: Sec(on 2(C)of the Criminal Procedure Code 1973 defines “Cognizable Offence” means an
offence in which, a police officer may, in accordance with the “First Schedule” or under any other law for
the (me being in force, can arrest the accused without warrant”.
Examples:
▪ Murder (Sec 302 IPC)
▪ Dowry Death (Sec 304B IPC)
▪ Forgery (Sec 465 IPC) etc.
Sec(on 154 lays down that every informa(on rela(ng to the commission of a cognizable offence, should
be given by any aggrieved person in wri(ng with his signature to an officer in-charge of a police sta(on.
Such wriUen complaint shall be entered in a book (General diary) to be kept by such officer in a prescribed
form. If an officer in-charge of police sta(on refuses to record the informa(on, the aggrieved person can
send in wri(ng and by post to the Superintendent of Police (SP) concerned. The SP, if he is sa(sfied with
such informa(on which discloses the commission of a cognizable offence, shall either inves(gate the case
himself or direct an inves(ga(on to be made by any police officer subordinate to him, in the manner
provided in the code, and such officer shall have all the powers of an officer in charge of the police sta(on
related to that offence.
Sec(on 156 empowers the police officer to inves(gate “Cognizable Cases”. This sec(on lays down that any
officer-in-charge of a police sta(on may, without the order of a Magistrate, inves(gate any cognizable
cases which a court having jurisdic(on over the local area within the limits of such sta(on would have
power to enquire into or try under the provisions of chapter XIII. No police officer’s proceeding shall be
ques(oned on the ground of his empowerment.
In a Cognizable case the FIR is extremely vital and valuable piece of evidence.
Example: On 13-08-2008, Shailaja Kiran, Daughter-in-law of Ramoji Rao, Editor of Eenadu, took VIP
treatment, and got Aksharabhyasam of her daughter in Basara while there were hundreds of people
in queue. This was photographed by Sakshi, the opponent newspaper photographer. The supporters of
Shailaja opposed it, and fought the photographer of Sakshi, who complained to the concerned Police
Sta(on immediately. The office in charge of the police sta(on wrote FIR against the supporters of
Shailaja and started inves(ga(on. On 14-08-2008 Shailaja approached High court of Andhra Pradesh
and requested to quash the proceedings of the police sta(on. However, the High Court did not stop
proceedings, but gave order not to arrest Shailaja.
This is an example of relevance and the adequacy of FIR in deciding the cognizable and non-cognizable
offences by the police.
2. INQUIRY
Ans. Sec(on 2(g) defines Inquiry. Inquiry cannot be treated equated with trial. A trial is a judicial
proceeding conducted by the court. An inquiry is a quasi-judicial proceeding conducted by the court in a

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different situa(on. A trial ends to a final decision of the court. An inquiry neither gives final decision nor
ends the dispute. However, an inquiry is a helpful part-and-parcel of the trial.
The object of the inquiry is to determine the truth, or verifica(on of certain facts in order to take further
ac(on thereon. There cannot be any poli(cal or money influence in the inquiry. An inquiry shall be
conducted by a Magistrate or court. Inquiry is not necessary in every trial process. Its necessity arises only
in certain circumstances.
Examples: Inquiry conducted by Magistrate into cause of death, or a lock up death under sec(on 176,
dowry death, dowry suicide etc.
Procedure of inquiry: The Magistrate receives a report from the police. If he thinks it fit, he may at once
give direc(ons for further inves(ga(on by depu(ng any Magistrate subordinate to him. He will hold a
preliminary inquiry. It is an inquiry conducted by the Court u/s 159.
Powers of Magistrate regarding inquiry:
1. A Magistrate is empowered to inquire into the dispute of land and water which is likely to cause
breach of peace. He shall inquire into the ques(on of possession, but not on the right of the
ownership. It is an inquiry u/s 145.
2. A Magistrate is empowered to inquire as to the truth of the informa(on given under Security for
keeping peace. It is an inquiry u/s 116.
3. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdic(on it
was commiUed (u/s 177).
3. ARREST SEC 41 TO 60
Ans. Meaning: It means to deprive a person of his/her liberty by some lawful authority for the purpose
of compelling his appearance to answer a criminal charge, or as a method of execu(on.
Types of Arrest:
a) Arrest with Warrant
b) Arrest without Warrant.
Arrest by a Police Officer:
As a general rule, a person can only be arrested by police with a Warrant of arrest. But under certain
circumstances, the police can arrest any person without obtaining any warrant of arrest, because of the
(me required to obtain warrant of arrest from the competent court. Within that (me, the accused may
run away from the scene. Therefore, the police officer is en(tled u/s 41, 42 and 45 to arrest any person
without warrant under the following circumstances:
1. Who has been iden(fied or connected with any
a. Cognizable offence
b. reasonable complaint has been made against such person.
c. credible/ genuine informa(on is received that such person has been involved in some crime.
d. reasonable suspicion of having a connec(on with some criminal offence.
2. If the person has in his possession any instrument of house-breaking without a lawful excuse.

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3. If such person has been proclaimed as an offender by the State Government

4. If such person is found with some stolen property.
5. If such person obstructs a police officer while in the execu(on of his duty.
6. If such person has escaped from lawful custody.
7. If such person aUempts to escape from lawful custody.
8. If such person is reasonably suspected of having deserted from any armed forces etc.
If the police officer makes a wrongful arrest by mistake in good faith, he is protected.
Arrest by a Private Person: Sec(on 43 empowers any private person to arrest any person who commits a
non-bailable and cognizable offence.
Arrest by Magistrate: Sec(on 44 empowers a Magistrate to arrest a person. This sec(on provides that
when any offence is commiUed in the presence a Magistrate, whether execu(ve or judicial, within his local
jurisdic(on he may himself arrest or direct the arrest in his presence.
ProtecEon to Armed Forces Persons
Sec(on 45: Provides the protec(on of members of the Armed Forces from arrest. No member of the
Armed forces of the Union shall be arrested for anything done or purported to be done by him in the
discharge of his official du(es, except aker obtaining the consent of the Central Government. The same
protec(on is also extended to the Force worked to the public order.
4. ARREST WITH WARRANT (SEC 70-81)
Ans. It is the general rule, the police should not take the law into their hands and should not harass the
general public.
Arrest warrant: An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which
authorizes the arrest and deten(on of an individual, or the search and seizure of an individual’s property.
According to Sec(on 70 every warrant of arrest issued by a Court under this Code shall be in wri(ng, signed
by presiding officer of such Court and shall bear the seal of the court. Every such warrant shall remain in
force un(l it is cancelled by the Court which issued it, or un(l it is executed.
Power to direct security to be taken: According to Sec 71, any court issuing a warrant for the arrest of any
person may in its discre(on direct, by endorsement on the warrant, that if such person executes a bond
with sufficient sure(es for his aUendance before the court at a specified (me and thereaker un(l
otherwise directed by the court, the officer to whom the warrant is directed shall take such security and
shall release person from custody.
Person arrested to be brought before court without delay: According to sec(on 76 the police officer or
other person execu(ng a warrant of arrest shall be produced before the court without unnecessary delay.
5. ABSCONDER’S STATUS
Ans. Meaning: Any person, who is accused of an offence, should aUend the Court, aker receiving the
summons from the Court and should respond to the proceedings. If any accused avoids appearing before
the Court as directed by it, i.e., on the specified (me and date, he is said to be “Absconder”.

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ProclamaEon for Person Absconding: Sec(on 82 of the CrPC lays down the detailed provisions about
“Proclama(on for Person Absconding”. The court may also if it thinks fit, direct a copy of the proclama(on
to be published in a daily news paper circula(ng in the place in which such person ordinarily resides.
Sec(on 83 of the CrPC lays down that the Court issuing a proclama(on U/S 82 may for reasons to be
recorded in wri(ng, at any (me aker issue of proclama(on, order the aUachment of any property movable
or immovable or both. The aUachment under this sec(on shall be made:
a. By seizure
b. By the appointment of receiver
c. By an order in wri(ng prohibi(ng the delivery of such property to the proclaimed person or to any
one on his behalf.
d. By all or any two of the methods as the court thinks fit.
If the property ordered to be aUached is immovable the aUachment under this sec(on shall in case of land
paying revenue to State Government, be made through the collector of the District in which the land is
situated.
Sec(on 85 of the CrPC lays down that if the proclaimed person appears within the (me specified in the
proclama(on, the Court shall make an order releasing the property from the aUachment.
6. FAIR TRIAL
Ans. It is the quality of trials by the courts trea(ng both the par(es equally and in a reasonable way.
Types of fairness: There are three types of fairness.
1. Fairness of the Rule
2. Fairness in procedures
3. Fairness in decision, i.e., judgment.
1. Fairness of Rule: This Fairness of Rule is connected with the Doctrine of Sovereignty— this is connected
with the Legislature. The second and third types of Fairness are connected with the Judiciary.
There are three wings of the State — 1. Legislature 2. Execu(ve 3. Judiciary.
Ar(cle 50 of the Cons(tu(on of India speaks about the separa(on of Judiciary from Execu(ve Legislature.
Besides these three wings there is the Fourth one i.e., the Press and Media. From the highest level of
President, the Governors, the Collectors, etc., to a lowest level of postman to police constable are all part
of the Execu(ve. The Execu(ve should not interfere with Judiciary.
Doctrine of Sovereignty: According to this doctrine the Courts do not interfere in the substance of
statutes/ law enacted by the Parliament. At the same (me the Parliament also does not interfere with
the func(ons of the Judiciary.
2. Procedure: The Procedure is mainly connected with the Court Room. The Rules of Procedure are framed
by the Sovereignty and certain Rules of Procedure are also framed by the Judiciary itself. Examples: The
Criminal Procedure Code, 1973. and the Civil Procedure Code 1908. are enacted by the Indian Parliament.
The Rules of Civil and Criminal prac(ce are framed by every High Court.
Consequently, to talk about Fairness in the Courtroom is to discuss Procedural jus(ce with its assump(on
that truth is more likely to emerge from confronta(on mediated through due process of law.

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3. Decision and Judgment: The Decision/Judgment is also connected with the Court Room and the final
stage of Fairness. The Decision is also connected with the Procedure. Procedure and Judgment are called
Procedural Jus3ce.
These three types of Fairness also reflect in the Appeal system. In an Appeal, the Appellate Court verifies
whether there is any devia(on of the three types of fairness in Decision/ Judgment.
7. RIGHTS OF ACCUSED PERSONS.
Ans. Politeness is the basic feature of the Police in many countries, and the Indian police tend to be
impolite and rude, mainly due to colonial legacy. Therefore, two kinds of protec(ons are given to the
accused arrested in India. They are:
c) One by the Cons(tu(on of India, 1950
d) Second by the Criminal Procedure Code 1973.
Rights of the Accused under The ConsEtuEon of India, 1950: In rela(on to the arrest and accused of
offences, Ar(cle 20 provides “Protec(on in respect of convic(on for offences. Ar(cle 21 provides
“Protec(on of Life and Personal Liberty”. Ar(cle 22 gives “Protec(on against arrest and deten(on in
certain cases “.
Prison RestricEons: The Supreme Court held that no prisoner should be harassed or tortured under Ar(cle
21. An accused whether he is an under trial or convicted prisoner he/she should not be subjected to
physical or mental torture. If an accused /prisoner is detained already in prison more than the period of
punishment the police are liable to pay compensa(on and are responsible to answer.
Rights of the accused the Criminal Procedure Code 1973:
1. No unnecessary restraint: Sec(on 49 of CrPC lays down that the person arrested shall not be
subjected to more restraint than is necessary to prevent his escape.
2. Right to be informed the grounds of arrest: Sec(on 50 of the CrPC provides that every police officer
or other person arres(ng any other person without warrant shall forthwith communicate to him full
par(culars of the offence for which he is arrested or other grounds for such arrest and sec(on 50-
of the CrPC imposes the obliga(on on a police officer making arrest to inform about the arrest, etc.,
to nominated person of the accused.
8. FIRST INFORMATION REPORT. (F. I. R) SEC 154
Ans. The First Informa(on given by the complainant to the police officer, who reduces it in wri(ng is called
First Informa(on Report (F.I.R.). The term informa(on means something in the nature of complaint or
accusa(on, or at least informa(on of a crime given with the object of puong the police mo(on in order
to inves(gate. as dis(nguished from the informa(on obtained by the police when ac(vely inves(ga(ng a
crime.
Object: The object of the (F.I.R.) is to set the police to start inves(ga(on rela(ng to a cognizable offence.
The FIR enables the inves(ga(ng officers to become ac(ve and to other acts which necessary to arrest
and prosecute the accused.

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EssenEals elements of FIR

1. It is an informa(on which is given to the police officer.
2. Informa(on must relate to a cognizable offence.
3. It is an informa(on of offence first in point of (me.
4. The inves(ga(on starts immediately aker recording the FIR.
5. The informa(on may be given by orally or in wri(ng. Even a relevant telephonic informa(on is also
sufficient to become an FIR.
6. A copy of the FIR shall be given to the informant free of cost.
7. The FIR shall be entered into General Diary of the police sta(on.
The substance of the FIR is required to be incorporated in the general diary as soon as the
informa(on is received. The substance of FIR includes not only the name of the person, whose
statement is recorded as FIR, but also the names of the eyewitnesses, the names of the accused.
Once the FIR is registered it cannot be changed or altered.
9. SUMMARY TRIALS (SECTIONS 260-265) CHAPTER XXI
Ans. Summary trial means speedy disposal. Summary case means a case which can be tried and disposed
off at once. It is not complicated case and does not require lengthy procedure and inquiry.
Object: The object of the summary trials is to have record sufficient for the purpose of jus(ce, but not so
long as to obstruct the speedy disposal of cases.
According to Sec(on 260 the following cases can be tried in a summary way by any Chief Judicial
Magistrate, any Metropolitan Magistrate, any magistrate of the first class specially empowered in this
behalf by High Court.
1. Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding
two years.
2. Thek under Sec(on 379, Sec(ons 380, and 381 of the IPC. (45 of 1860) where the value of stolen
property does not exceed ₹200.
3. Receiving or retaining of stolen property, U/S 411 of the IPC (45 of 1860) where the value of such
property does not exceed ₹200.
4. Offences under sec(ons 454 and 456 of the IPC
5. Abatement of any of the foregoing offences.
6. An aUempt to commit any foregoing offences, then such aUempt is an offence.
De novo Trial: If the Magistrate opines that any summary trial is not fit to be tried under the provisions of
chapter- XXI he may convert it to summons case and start proceedings afresh. It is called de novo trial. (It
is a new Trial)
Procedure for Summary Trial: Sec(on 268 lays down that in trials under this chapter, the procedure
specified in this Code for the Summons-Case shall be followed except as hereinaker men(oned. No
sentence of imprisonment for a term exceeding three months shall be passed in the case of any convic(on
under this chapter.

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Record in Summary Trials: According to Sec(on 263 in every case summarily the Magistrate shall enter
the following par(culars in such form as the State Govt may direct.
1. The serial number of the case
2. The date of the commission of the offence.
3. The date of the report or complaint
4. The name of the complainant (if any)
5. The name, parentage and residence of the accused.
6. The offence complained of and the offence (if any) proved.
7. The plea of the accused and his examina(on (if any)
8. The findings
9. The sentence or other final order
10. The date on which proceedings terminated.
Judgment in cases tried summarily: According to sec(on 264 in every case tried summarily in which the
accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment
containing a brief statement of the reasons for the finding.
10. ANTICIPATORY BAIL
Ans: It means bail given in advance. Sec(on 438 of the CrPC 1973 provides and explains about the
An(cipatory Bail.
Object: The provision to grant An(cipatory Bail is new one. It was not available in old CrPC This Sec(on
has been incorporated in CrPC 1973 by the recommenda(on of the Law Commission.
DirecEon for grant of Bail to person apprehending arrest (SecEon 438): When any person has reason to
believe that he may be arrested on an accusa(on of having commiUed a non-bailable offence, he may
apply to the High Court or the Court of Session for a direc(on under this Sec(on that in the event of such
arrest he shall be released on bail, and that Court may, aker taking into considera(on, inter alia, the
following factors namely,
1. The nature and gravity of the accusa(on
2. The antecedents of the applicant including the fact as to whether he has previously undergone
imprisonment on convic(on by a court in respect of any cognizable offence.
3. The possibility of the applicant to flee from jus(ce.
4. Where the accusa(on has been made with the object of injuring or humilia(ng the applicant by
arres(ng him. The presence of the applicant seeking an(cipatory bail shall be obligatory at the
(me of final hearing of the applica(on and passing of final order by the Court. If an applica(on
made to it by the Public Prosecutor, the Court considers such presence necessary in the interest
of jus(ce.
CondiEons to grant anEcipatory bail to the applicant:
1. The person shall make himself available for interroga(on by a police officer as and when
required.

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2. The person shall not leave India without previous permission of the Court.
3. The person shall not, directly or indirectly, make an inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer.
Conclusion: The An(cipatory Bail is not a Cons(tu(onal right. It is only a statutory right. Gran(ng the
An(cipatory Bail is purely depended upon the discre(on of the Court.
Therefore, the Courts with their vast experience and training could determine whether An(cipatory Bail
be granted or not. Therefore, the Courts grant the An(cipatory Bail very sparingly and in excep(onal cases.
The Jurisprudents say “The An(cipatory Bail is really a misnomer, It is not Bail but merely an order. ”
11. PAROLE
Ans. Parole is the condi(onal release of prisoners before they complete their sentence. Paroled prisoners
are supervised by a public official, usually called a parole officer. State law can provide that some kinds of
convic(ons make prisoners ineligible for it only aker a very long prison sentence. Many prisoners do
however, become eligible for parole.
Under Sec(on 432, the prison authori(es grant parole to a prisoner to leave the prison for a certain period
and to go to his house and see his family members.
For example: if a prisoner’s father or mother or wife is dead, he may be given parole for a few days.
Parole may be a day or a month. It depends upon the conduct and character of the prisoner in the
prison. First the prison authori(es must sa(sfy that such a criminal does not violate the law and return
to the prison aker comple(on of parole. Parole is granted by the Government. The Court does not
interfere in it.
Licence: Grant of Parole is a kind of Licence granted by the prison authori(es to prisoner.
Overstaying: “Overstaying of the period of parole is the misuse of the licence. The length of the period of
overstay has its own importance. Of course, it is always open to the state Government to re-consider their
cases for premature release aker a reasonable interval and to also consider the explana(on if any, offered
by these persons, to account for such long overstay.
The period of absence in the prison by parole is included in the period of sentence. In Bachan Singh v.
State of Haryana, the Punjab and Haryana High Court held “when a prisoner is released on parole it is a
licensed enlargement on certain condi3ons. He is not a free bird. If he violates any condi3on of the order
of Parole, he is bound to be rearrested and commiBed to prison again to serve out his remaining sentence.”
Example: A is convicted for seven years and is sent in prison. Aker three years, A obtains parole for six
months. Aker comple(on of six years six months, A pleads that he has completed seven years sentence
and is en(tled to be released.
12. JUVENILE DELINQUENCY:
Ans. Introduc(on: There may be several causes for a child turning into a juvenile in conflict with law”
(Juvenile delinquent). Several criminologists, psychoanalysts, sociologists, etc., analyzed the
circumstances and found several causes for Juvenile Delinquency. According to criminologists, the causes
are two kinds.

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1. Internal causes: Internal causes are Physical and psychological factors.

2. External causes: External causes include social factors.
Compila(on and Analysis of all the criminologists, psychoanalysts and sociologists we can find three
classes of causes. They are:
1. Social Causes
2. Psychological Causes
3. Economic Causes.
1. Social Causes: The following social causes are the main reason for Juvenile Delinquency.
a. Broken Family: Disputes between wife and husband affect badly on children. Father’s bad habits
such as drinking, gambling etc may disturb the peace of the family and finally destroy the future of
the children.
b. Family Planning: Some uneducated parents do not follow family planning and have a number of
children. With their meager income the parents cannot fulfill their children’s needs. So, children
easily adopt pickpocke(ng, smuggling etc. Gradually they become an( social elements.
c. A^tude of parents: In some of the families the parents will be very strict towards their children
and will not give any pocket money for them. Such children to get money follow illegal means and
ways.
d. Conduct and character of the parents: It is the duty of the good parents to nourish their children
in healthy circumstances. But some parents behave inhumanely and brutally. They could not
control their anger and emo(ons. They do certain illegal acts. Their children also will follow them.
e. Influence of brothers and sisters and near relaEves: A child is highly influenced by his parents first
and later by his siblings. If elder brother or sister is having bad behavior the next sister or brother
also tends to the same aotude.
f. Defects of the school: Next to family the child will be influenced by his school mates and teachers
etc. Though the child comes from the good family background because of bad friends gradually he
becomes juvenile delinquent.
g. Crime dominated areas: There are certain villages and centers where the an( social elements
gather. The mafia groups concentrate in these areas. Pick- pocke(ng, chain snatching, pros(tu(on
etc, are done in these areas. They use children for their illegal acts. Thus, innocent children become
juvenile delinquents.
h. Bad company: Certain children become juvenile delinquents due to the bad friends. First it starts
with cigareUe smoking, playing cards, watching movies by skipping classes etc. later the bad habits
grow and thus to meet the expenses for bad habits, the children become juvenile delinquents.
i. DetecEve recreaEon: TVs and cinemas also play an important role to influence the weak-minded
children to turn into juvenile delinquents.
j. War and post condiEons: Wars in different countries create unbearable circumstances, in which
the economic and social circumstances are badly spoiled. First children become prey. they usually
become orphans by loosing their parents in war. To feed themselves they become juvenile
delinquents.

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k. Terrorism: It is one of the reasons for juvenile delinquency. In Pakistan, Afghanistan, India etc.,
some of the Madrasas have been preaching terrorism. Example like Bashir several terrorists spoiling
the lives of the children.
13. THE PROBATION OF OFFENDERS ACT, 1958.
Ans. Sec(on 562 of the Code of Criminal Procedure, 1898 (old) had a provision for the release of offenders
on proba(on of good conduct instead of sending them to prison. In 1953, the law commission, aker
independence, recommended again for a Central Act. Accordingly, the Parliament had enacted “The
Proba(on of Offenders Act, 1958”. Sec(ons 360 and 361 of CrPC,1973 provides the similar provisions for
releasing the first offenders (criminaloids) on proba(on of good conduct or aker admoni(on on certain
condi(ons. That Sec(on gives importance on circumstances of the offence, nature of the offence, age,
character, antecedents, physical and mental condi(ons of the offender and to the nature and types of the
offences, etc.
That Sec(on provides a chance for trivial or non-serious offences, and releases them on furnishing a bond,
with or without sure(es, to appear and receive sentence when called upon during such period (maximum
period of 3 years) as the Court may direct and, in the (me, to keep the peace and good behaviour.
Objects of the Act of 1958:
1. The object of the Proba(on of offenders Act, 1958 was to correct the criminals and to provide for
the release of offenders of certain categories on proba(on, or aker due admoni(on and for
maUers connected therewith.
2. It also aimed to prevent the youthful offenders turning into recidivists when they are lek in the
company of hardened criminals in prisons.
3. It formulates the path from retribu(ve jus(ce to the path of correc(onal and reforma(ve jus(ce
to young criminaloids.
4. It gives immunity to offenders under 21 years of age from imprisonment unless the Court is
convinced with the special reasons to send such offender to prison.
5. The purpose of proba(on has always been to integrate offenders, under supervision, into law
abiding society.
6. It serves the dual purpose of protec(ng the community through con(nued court supervision and
rehabilita(ng the offender.
Scope: The Proba(on of offenders Act, 1958 was enacted by the Parliament It contains 19 Sec(ons. The
State Governments are empowered to make their own Rules and Provision under this Act. The Combined
Madras State Legislature had enacted “The Andhra Pradesh Proba(on of Offenders Rule 1963. Similarly,
the Karnataka State Legislature enacted “The Karnataka Proba(on of offenders Rules 1960”. Like this most
of the States have already adopted this Act and made the Rules for its implementa(on.
Benefits of ProbaEon:
1. Several offences which are not serious enough can be controlled by this Act.
2. Proba(oners can obtain or maintain employment and pay taxes.

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3. Proba(oners can take care of their families and comply with their financial responsibili(es.
14. WHAT IS THE PROCEDURE TO BE FOLLOWED BY A COURT IN CASE OF OFFENDER FAILING
TO OBSERVE THE CONDITIONS OF THE BOND? OR WRITE ABOUT BAIL BONDS
Ans. Scope: Sec(ons 440 to 450 of chapter XXXIII CrPC lay down the provisions about “Bail Bonds”. In fact,
Bail Bond has a civil nature, and come within the provisions of the Indian Contract Act 1872.
Object: The very object of Bail and Bail Bonds is to secure the aUendance/ presence of the accused before
the Criminal Court to answer the accusa(on. It is the responsibility of the accused or his sure(es to make
the accused to aUend the Court regularly and face the trial. If the accused absconds, the accused and the
sure(es personally shall be held responsible and lose their amount so specifically men(oned in the bail
Bond. It is a civil nature.
However, the accused shall be held responsible for his absconding in the Criminal Cases.
Provisions in relaEon with Bail Bond: (Sec 440 -450)
1. Amount of Bond and reducEon thereof: Sec 440 lays down that the amount of every Bond executed
under this chapter shall be fixed with due regard to the circumstances of the case and shall not be
excessive. The High Court or Court of Session may direct that bail required by a police officer or
Magistrate be reduced.
2. Bond of accused and sureEes: Sec(on 441 lays down where any condi(on is imposed for the release
of any person on bail the bond shall also contain that condi(on. For the purpose of determining
whether the sure(es are fit or sufficient, the Court may accept affidavits in proof of the facts.
3. DeclaraEon by SureEes: Sec(on 441-A has been inserted in CrPC 1973 by the Act 25 of 2005 w.e.f.
23.6.2006. This Sec(on lays down that every person standing surety, shall make a declara(on before
the Court as to the number of persons to whom he has stood surety including accused.
4. Discharge from custody: Sec(on 442: lays down as soon as the Bond has been executed the accused
shall be released, if the accused is in the jail the Court shall issue an order of release to the officer
in charge of the jail, on receipt of such order the officer will release him.
5. Power to order sufficient bail when that first taken is insufficient: Sec(on 443 lays down that if
through mistake, fraud or otherwise, insufficient sure(es have been accepted, or if they akerwards
become insufficient the court may issue a Warrant of Arrest direc(ng that the person released on
bail brought before the Court and may order him to find sufficient sure(es, and on his failing to do
so may send him to jail again.
6. Discharge of SureEes: Sec(on 444 lays down if sure(es apply to a Magistrate to discharge either
wholly or so, the Magistrate shall issue Arrest warrant of the accused released on Bail and the
Magistrate asks him to find other sufficient sure(es and if he fails to do so, he may be sent back to
Jail.
7. Deposit instead of Recognizance: Sec(on 445 lays down that when any person is required by any
Court or Officer to execute a Bond with or without sure(es, such Court may exempt in the case of
bond for good behavior, permit him to deposit a sum of money or Govt Promissory Note to such
amount in lieu of execu(ng such Bond.
8. Procedure when Bond has been Forfeited: where a bond under this Code is for appearance, is
forfeited and it is proved to the sa(sfac(on of that Court, the Court shall record the grounds of such

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proof, and may call upon any person bound by such Bond to pay the penalty thereof or to show
cause why it should not be paid.
9. CancellaEon of Bond and Bail Bond SecEon 446-A: lays down that with prejudice to the provisions
of the Sec(on 446 where a bond under this Code is for appearance of a person in a case and it is
forfeited for breach of condi(on, the bond executed by such person or executed one or more
sure(es in that case shall stand cancelled. Provided that subject to any other provision of this Code
he maybe released in that case upon the execu(on of a fresh Bond.
10. Procedure in case of insolvency or death of surety or when bond is forfeited: Sec(on 447 laydown
that when any surety to a bond under this Code becomes insolvent or dies, The Magistrate of the
first class may order the person (accused) to furnish fresh security if he fails his bail will be cancelled
and he will be sent to jail.

15. REVISION
Ans. It is a process for reconsidera(on of a judgment for the purpose of correc(on.
Object: The object of the revisional jurisdic(on is
1. To give supervisory jurisdic(on to correct any miscarriage of jus(ce.
2. To save (me of High Court and to have advantage of opinion of Sessions Judge or District
Magistrate.
Examples:
1. Convic(on is illegal when the injuries on accused were not considered in the lower court. The
Sessions Court or High Court has the Revisional Jurisdic(on to set aside the convic(on. (Ques(on of
fact)
2. Can a child accused be commiUed for trial along with an adult accused? (ques(on of law)
Revisional JurisdicEon of High Court: Sec(on 397 empowers the High Court for calling the records for
exercise powers of revision from the inferior Court.
EssenEal points regarding to revision:
a. The High Court has wide discre(on. It can interfere with the ques(on of sentence.
b. The revision can be made on a ques(on of law or on a ques(on of fact.
c. The High Court can call for record without any applica(on by any party.
d. No revision in respect of Interlocutory Orders
e. Only one revision Pe((on either to Sessions Court or to the High Court, no further applica(on by
the same person shall be entertained by the either of them. [Sec 397 (3)]
f. When the Sessions Judge rejected any Revision and further Revision and writ before the High
Court is barred.
g. A third party can also invoke the revisional jurisdic(on if he is directly affected.
h. The high Court has the power to direct lower Courts to record addi(onal evidence.
i. The high Court can alter or reverse the findings of the lower Courts.
ii. High Court has the power to reduce the sentence of the lower Courts.

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The High Court’s Powers of Revision: Sec(on 401 specially deals with the High Court’s powers of Revision.
The Jurisdic(on of the High Court for revision can be invoked in anyone of 3 ways men(oned below;
1. Suo Motu (ac(ng its own mo(on)
2. An applica(on for revision made by an aggrieved party,
3. Any third person who is directly affected by the decision of the lower Court.
LimitaEons on the powers of revision:
a. The revision cannot be entertained in any interlocutory orders passed by any inferior Criminal
Court Sec(on397 (2)
b. The High Court has no revisional jurisdic(on to convert a finding of acquiUal into one of convic(on
under sec 401 (2)
16. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2000:
Ans. Object: The Juvenile Act 1986 was not in a posi(on to meet the present-day requirements and
especially the guidelines of United Na(ons and Conven(ons held under UNO. There were several defects
in 1986 Act. The Law Commission of India had suggested the Parliament to enact a new statute in the
place of Act of 1986. As a result, the Parliament enacted the “Juvenile Jus(ce (Care and Protec(on of
Children) Act, 2000”, which is in force now. The Juvenile Act 1986 was repealed. Aker the Act 2000 came
into force, on the recommenda(ons of Law Commission of India the Indian Parliament brought several
amendments to the Act of 2000 by “The Juvenile (Care and Protec(on of Children) Amendment Act, 2006.
Structure of the Act of 2000
There are 70 sec(ons in this act. Sec(ons 7-A and 62-A have been added to the Act of 2000by the
Amendment Act 2006. These 72 sec(ons have been housed in Five Chapters.
Chapter-I (Sec 1-3) lays down the provisions about “Preliminary.”
Chapter-II (Sec 4-28) lays down the provisions about “Juvenile in conflict with Law”.
Chapter-III (Sec 29-39) lays down the provisions about “Child in need of Care and Protec(on”.
Chapter-IV (Sec 40-45) deals with “Rehabilita(on and Social Reintegra(on”
Chapter-V (Sec 46-70) provides about “Miscellaneous Provisions”.
Preamble of the Act 2000
“An Act to consolidate and amend the law rela(ng to juveniles in conflict with law and children in need of
care and protec(on, by providing for proper care, protec(on and treatment by catering to their
development needs and by adop(ng a child-friendly approach in the adjudica(on and disposi(on of
maUers in the best interest of children and for their ul(mate rehabilita(on.”
Objects and reasons of the new bill:
1. To lay down the basic principles for administering jus(ce to a juvenile or the child in the Bill
2. To make juvenile jus(ce system meant for a juvenile or the child more apprecia(ve of the
development needs in comparison to criminal jus(ce system as applicable to adults.

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3. To spell out the role of State as a facilitator rather than doer by involving voluntary organiza(ons
and local bodies in the implementa(on of the proposed legisla(on.
4. To bring juvenile law in conformity with the United Conven(on on the Rights of the Child.
5. To create Special Juvenile Police units with a humane approach through sensa(on and training of
police personnel
6. To enable increased accessibility to a Juvenile or the child by establishing Juvenile Jus(ce Boards
and Child welfare commiUees and Homes in each District or group of Districts.
7. To separate the Bill into two parts—
a. One for juveniles in Conflict with Law
b. The other for the Child in Need of Care and Protec(on
8. To provide for effec(ve provisions and various alterna(ves for rehabilita(on and social
reintegra(on such as adop(on, foster care, sponsorship and aker care of abandoned, des(tute,
neglected and delinquent juvenile and child.
17. SPEEDY TRIALS (ARTICLE 21)
Ans. In India there are no provisions recognizing speedy trial as a right of the accused. However, the
Supreme Court interpreted Ar(cle 21(Protec(on of life and Personal Liberty) of the Cons(tu(on of India
and extended this Fundamental Right to Speedy Trial in several cases.
Reasons for the delay in trials:
1. Delay from the side of ProsecuEon: In majority cases delay in the criminal trials has been causing from
the side of Prosecu(on. There are several reasons for it they are
a. Corrup(on
b. Poli(cal interference
c. Heavy load of work on police and prosecutors
d. The number of police personnel not appropriate and sufficient to meet the requirements.
e. Absconding of accused
f. Hos(lity from the prosecu(on witnesses etc., results of the delay in cases:
g. Increase in the number of pending criminal cases.
h. Increase in the number of under-trial prisoners.
i. The loss of the memory in the witnesses
j. Increase in the expenses of prisons for their maintenance.
k. Increase in the habitual offenders.
l. Unavailability or death of several witnesses

Delay from the side of the rich and poliEcal influenEal accused: Several rich and influen(al accused avoid
aUending t he adjournments. The Courts issue arrest warrants. The police cannot enforce warrants against
such persons accused due to their money and poli(cal influence. They simply endorse “not found”,
“missing” etc. even though these accused talk in the public mee(ngs and talk with media.

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18. APPEALS (SEC 372 – 394) (CH – XXIX)

Ans. Object: The appeal is a correc(ve device. It requires in cases where chance of errors are more and it
is less relevant in cases where the chances of errors are remote. In the en(re world the right of appeal has
been accepted as an integral part to fair procedure, natural jus(ce and norma(ve universality.
Types of Appeals:
1. No appeals in certain cases: There shall be no appeals in the following cases:
a. In cases in which the accused pleads guilty (Sec 375): this sec(on provides that in a case
where the accused pleads guilty and the Court convicts him, there will be no right to appeal.
The right of appeal becomes waived by the plea of guilty. If the plea of guilty is obtained by
trickery such plea does not operate and the accused is en(tled to appeal
b. In pefy cases (Sec 376): This sec(on provides that there is no appeal in peUy cases. It also
prescribes the limita(on of punishments and fines to fix the nature of peUy cases, in various
Courts.
2. Appeals in certain cases:
a. Appeals from orders requiring Security or refusal to accept or reject surety for keeping
peace or good behavior under Sec 373: The appeal lies to the Sessions Court of session,
except in cases where the proceedings are already laid before the sessions judge under
Sec(on 122.
b. Appeals from convicEons under SecEon 374: This sec(on provides that the forums for filing
appeals by the accused against the order of convic(on.
c. Appeals inadequacy of sentence under Sec 377: This sec(on empowers the State and
Central Governments to file appeal through their respec(ve Public Prosecutors to the High
Court against the sentence imposed on the ground of inadequacy of such sentence. When
an appeal has been filed against the sentence on this ground, the High Court shall not
enhance the sentence except aker giving to the accused a reasonable opportunity of
showing cause against such enhancement and while showing the cause the accused may
plead for his acquiUal or for the reduc(on of the sentence.
d. Appeals in case of acquifal under Sec 378: This sec(on provides that the State govt may
direct the Public prosecutor to present an appeal to the High Court from an Original or
Appellate order of acquiUal passed by any court or from an Order of AcquiUal passed by a
Court of Sessions in Revision
e. Appeal against convicEon by High Court in certain cases under Sec 379: This Sec(on
provides that where the High Court has no appeal reversed an Order of AcquiUal of an
accused person and convicted him and sentenced him to death or to imprisonment for life
or for ten years or more, he may appeal to Supreme Court.
3. Social right of appeal under Sec 380:
This sec(on provides that when more than one person are convicted in one trial and an appealable
judgment or Order has been passed, all or any of the persons convicted shall have Right of Appeal.
This is called “Special Right of Appeal”.

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19. PLEA BARGAINING (SEC 265–A TO 265–L) CH XX-A)

Ans. It is Reforma(ve and a new concept. It is newly introduced in the Criminal Procedure. By ordinary
procedure, the accused is convicted and sent to jail. By that there could be no benefit to the vic(m.
Moreover, the vic(m feels angry against the accused. Even aker the release of the accused from the
prison, there will be threat from the vic(m and his supporters. It creates mul(plica(on of criminal cases.
It destroys the peace.
Thus, the plea of bargaining gives an opportunity to the accused to regret and also to pay the
compensa(on to the vic(m. The vic(m also will get sa(sfied with compensa(on. Therefore, both the
accused and the vic(m are pacified. However, this concept has not been extended to the severe offences
punishable with more than seven years.
EssenEal condiEons:
a. Plea Bargaining can be applied only to non-serious offences.
b. The pe((oner should not have been previously convicted for the same offence.
c. The pe((oner should apply for Plea Bargaining voluntarily.
d. The proceedings of Plea of Bargaining are conducted in camera.
e. The Plea of Bargaining does not apply to any juvenile or child as defined in sub-clause (k) of Sec(on
2 of the Juvenile (Care and Protec(on of Children) Act, 2000.
f. It can be applied in cases other than an offence which the punishment of death or of life
imprisonment for a term exceeding seven years has been provided under the law for the (me
being in force.
ApplicaEon for Plea Bargaining: Sec(on 265-B lays down:
1. A person accused of an offence may file applica(on for plea bargaining in the Court in which
offence is pending for trial.
2. The applica(on under sub sec(on (1) shall contain a brief descrip(on of the case and an affidavit
sta(ng that an accused has applied for Plea of Bargaining voluntarily, and he had not been
convicted previously for the same case.
If the Court is sa(sfied regarding the applica(on filed by the accused, it shall provide (me to the Public
Prosecutor or the complainant of case, as the case may be, and the accused to work out a mutually
sa(sfactory disposi(on of the case.
The statements of the accused released on the basis of Plea of Bargaining, shall not be used in any other
proceedings. Where an accused is released on the basis of Plea of Bargaining, he shall be released on
proba(on of good conduct or aker admoni(on under Sec(on 360 or for dealing with the accused under
the provisions of the Proba(on of Offenders Act, 1958.
20. DEFINE CHARGE AND STATE THE RULE REGARDING JOINDER OF CHARGES.
Ans. Charge states the offence commiUed by the offender. It must be specific.
Scope: Chapter –XVII deals with “the Charge “. It contains Two Parts.
1. Part –A deals with the “Form of Charges” (Sec(ons 211 to 217).

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2. Part –B deals with “Joinder of Charges” (Sec(ons 218 to 224).

Object: The object of the general rule enunciated in Sec 218 is that the accused should not be confused
to face several charges which are not connected with each other. The object is to see that accused is not
embarrassed.
Sec(on 218 is mandatory. It is to prevent inconvenience of hearing of both accused and judge.
Contents of Charges: Sec(on 211 lays down the provisions about “Contents of Charges”
1. The charge shall be wriUen in the language of the Court.
2. The Law and sec(on of the Law against which the offence is said to have been commiUed shall be
men(oned in the charge.
3. If the law which creates the offence gives it specific name the offence may be described
in the charge by that name only, etc.
Joinder of Charges: Sec(on 219 lays down that when a person is accused of more offences than one of
the same kind commiUed within the space of twelve months from the first to the last of such offences,
whether in respect of the same person or not, he may be charged with, and tried at one trial for, any
number of them not exceeding three.
SecEon 220: lays down the detailed procedure for “Trial for more than one offence “If, in one series of
acts so connected together as to form the same transac(on, more than one offence is commiUed by the
same person he may be charged with and tried at one trial for every such offence.
Example: A commiUed thek on six different occasions and at different places within a span of 12
months. The person accused of them may be charged with and tried at one trial for the offence
cons(tuted by such acts when combined, and for any offence cons(tuted by any one or more of such
acts.
Joinder of Charges – When Offence proved included in Offence Charge: S-222
Sec 222 When offence proved included in offence charged:
1. When a person is charged with an offence consis(ng of several par(culars, a combina(on of some
only of which cons(tutes a complete minor offence, and such combina(on is proved, but the
remaining par(culars are not proved, he may be convicted of the minor offence, though he was
not charged with it.
2. When a person is charged with an offence, he may be convicted of an aUempt to commit such
offence although the aUempt is not separately charged.
3. When a person is charged with an offence and facts are proved which reduce it to a minor offence,
he may be convicted of the minor offence although he is not charged with it.
21. WRITE A DETAILED NOTE ON THE PROCEDURE TO SECURE THE PERSONS BEFORE CRIMINAL
COURTS.
Ans. There are four steps (classified in four parts) to ensure accused’s presence at the trial, whether it is a
summons case or warrant case.
They are provided in Chapter VI (61-90) of CrPC under the (tle of “Process to Compel Appearance”.

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1. Part-A Summons (Sec 61-69): Issue of Summons to an accused or witness or to any person rela(ng
to the criminal case is a pre-trial process. Summons is the first step to ensure the presence of the
accused at the criminal trial. Issuing summons is the milder process.
2. Part-B Warrant and Arrest (Sec 70-81): An arrest warrant is a warrant issued by a judge or magistrate
on behalf of the state, which authorizes the arrest and deten(on of an individual, or the search and
seizure of an individual’s property.
According to Sec(on 70 every warrant of arrest issued by a Court under this Code shall be in wri(ng, signed
by presiding officer of such Court and shall bear the seal of the court. Every such warrant shall remain in
force un(l it is cancelled by the Court which issued it, or un(l it is executed.
3. Part-C ProclamaEon and afachment (Sec 82-86): Sec(on 82 lays down If the accused did not appear
in the even aker issuing the summons and warrants then the Court may publish a wriUen
proclama(on requiring him to appear at a specified place and at a specified (me within 30 days from
the date of publishing such proclama(on. The proclama(on
1. shall be publicly read in some conspicuous place of town or village.
2. It shall be affixed to some conspicuous part of the house.
3. It shall be affixed to some conspicuous part of the Court house.
4. The Court may also direct a copy of the proclama(on to be published in a daily newspaper.
Afachment of Property of person absconding: Sec(on 83 lays down that the Court any(me aker the
issue of proclama(on, order the aUachment of any property, movable or immovable or both,
belonging to the proclaimed person. If the property ordered to be aUached is debt or other movable
property the aUachment will be made under this sec(on
1. by seizure
2. by appointment of a receiver
3. by an order in wri(ng prohibi(ng the delivery of such property to the proclaimed person or
to any one on his behalf
4. Part-D Other Rules Regarding Processes (Sec 87-90): Besides these processes Bail and Bail Bonds are
also means to compel the appearance of accused.
1. Power to take bond for appearance SecEon 88: Sec(on 88 lays down that when any person
for whose appearance or arrest the officer presiding in any Court is empowered to issue a
Summon or Warrant and also such officer may ask to execute a Bond with or without sure(es
for his appearance in such Court or any other Court to which the case may be transferred.
2. Arrest on breach of Bond for appearance: Sec(on 89 lays down that when any person who
is bound by any bond taken under this code to appear before Court, does not appear the
officer presiding in such Court may issue a warrant direc(ng that such person to be arrested
and produce before him.
22. SEARCH AND SEIZURE
Ans. This Search and Seizure are one of the procedures of Pre-Trial. Documents and material objects
relevant for any inves(ga(on, inquiry or trial should be available to the agencies conduc(ng such

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proceedings. If any person in possession of any such relevant documents or things does not co-operate
with these agencies and fails to produce the things required, the law will have to obtain those material by
coercive methods for the purposes of proper inves(ga(on, inquiry, or trial.
The Code Therefore, provides ini(ally for summons to produce documents or things. But if this method
fails or is apprehended to fail, the court can issue orders to the police for the search and seizure of such
documents or things. The Code also empowers the Court to issue a warrant for a general search of any
place for the purposes of inquiry or trial, or to issue orders to search the places of suspected to contain
stolen property, counterfeit coins or currency notes or stamps etc.
Seizure: Where a search- warrant is issued for the search of any par(cular things, the police officer or
other person making the search has been empowered to seize such things if recovered during such search.
Similarly, where a police officer during the inves(ga(on of any offence searches a place for any par(cular
things, he has the power to seize such things if recovered in the search.
Consequences of non- compliance with the provisions relaEng to searches:
1. Magistrate not empowered to issue a search-warrant: a search-warrant for a search of place
suspected to contain stolen property, forged documents etc., can only be issued by District
Magistrate, Sub- Divisional Magistrate or Magistrate of the First Class. However, if such a search-
warrant is issued by any other magistrate erroneously and in good faith, such a warrant shall not be
ineffec(ve merely on the ground that specifically provided by Sec(on 460.
2. District Magistrate or Chief Judicial Magistrate: Only these two Magistrates are empowered to issue
a warrant for a document, parcel, or other thing in the custody of the Postal or Telegraph. If any other
Magistrate not so empowered issues such a warrant, then according to Sec(on 461 the warrant shall
have no effect.
3. Search-warrants: These search warrants for persons wrongfully confined can be issued under Sec(on
97only by any District Magistrate, Sub-Divisional Magistrate or Magistrate of the First Class. If any
other Magistrates issues such warrant it becomes illegal.
4. Search without warrant by Police Officers not authorized: According to Sec(ons 153, 165 and 166,
a place can be searched without a warrant by a police officer of a certain Rank or by one specially
authorized according to the provisions of law. If a search conducted by any police officer or other
person would be illegal.
Powers of officer to Seize certain property:
1. Any police officer may seize any property which may be alleged to have been stolen.
2. Such Police Officer is, subordinate to the Officer in charge of a Police Sta(on, he should report the
seizure to that officer.
3. Every Police officer ac(ng under sub-sec(on (1) shall forthwith report the Seizure to the Magistrate.
Other powers of Courts regarding Seized goods:
1. Power to impound: According to Sec(on 104 any court may, if it thinks fit, impound any document
or thing produced before it under this Code.

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2. Disposal of things found in search beyond JurisdicEon: In this connec(on provision has been made
by Sec(on 101 when in the execu(on of the search warrant at any place beyond the local jurisdic(on
of the Court which issued the same any of things found together with the list of the same should be
taken before the Magistrate immediately.
23. JUDGMENT.
Ans. The main func(ons of a Court are:
1) To decide the guilt or innocence of the accused person tried before it.
2) If such person is found guilty of any offence to determine an appropriate punishment or other
method of dealing with him.
The judgment is the final decision of the Court, given with reasons, on the ques(on of the guilt or
innocence of the accused person. It also includes the Court’s decision due to the punishment the guilty
person has to suffer, or the offender is to be released without being punished.
Form and Contents of the Judgment:
1. Every Judgment shall be wriUen in the language of the Court, which is determined by the State
Government.
2. Every Judgment in a criminal case should commence with a statement of facts in respect of which
the accused is charged.
3. Supreme Court has also from (me to (me directed that all the orders passed by the Courts should
be speaking orders giving reason for the decision aker no(ng the point at issue.
4. Every Judgment shall specify the offence (if any) of which and the sec(on of IPC or other law under
which, the accused is convicted and punished.
5. If the Judgment is acquiUal, it shall state the offence of which the accused is acquiUed.
Modes of pronouncing Judgments: Sec(on 353 of the Code deals with the modes of pronouncing
Judgment.
1. The judgment in every trial in any Criminal Court of Original Jurisdic(on shall be pronounced in
Open Courts, immediately aker the termina(on of the trial.
2. Where the Judgment is read out under clause (b) or clause (c) of sub-sec(on (1), as the case may
be, it shall be dated and signed by Presiding Officer in open Court
3. If the accused is in custody, he/ she shall be brought up to hear the judgment pronounced.
4. If he is not in custody, he shall be required by the Court to aUend to hear the Judgment.
5. No Judgment delivered by any Criminal Court shall be deemed to be invalid because of the absence
of any party or his pleader.
6. No Court when it has signed its Judgment or final Order disposing of a case. shall alter or review
the same except to correct a clerical or arithme(cal error. Sec 362.
7. When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately aker
the pronouncement of the judgment, be given to him free of cost.

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24. PLEAS OF AUTREFOIS ACQUIT AND AUTREFOIS CONVICT

Ans. These pleas are taken as a bar to Criminal trial on the ground that the accused person had been once
already charged and tried for the same alleged offence and was either man may not be put twice in
jeopardy for the same. These rules or pleas are based on the principle that “a man may not be put twice
in jeopardy for the same offence. “Ar(cle 20 (2) of the Cons(tu(on recognizes the principle as
fundamental right.
The Sec(on 300 of the Code fully incorporates the principle and explains in detail the implica(ons of the
expression “same offence “An analysis of Sec(on 300 will bring out the following points.
1. The basic rule is that a person who has once been tried by a court of competent jurisdic(on for an
offence and convicted or acquiUed of such offence shall not not be liable to be tried again for the
same offence, while such convic(on or acquiUal remains in force.
2. Even though the offence in the second trial is not the same offence, s(ll the second trial will be
barred if it is based on the same facts for any other offence.
Example:
a) A is tried upon a charge of thek as a servant and acquiUed. He cannot akerwards, while the acquiUal
remains in force, be charged with thek as a servant, or upon the same fact, with thek simply, or
with criminal breach of trust.
b) A is charged before the court of session and convicted of the culpable homicide of B. A may not
akerwards be tried on the same facts for the murder of B.
3. A person acquiUed or convicted of any offence may be akerwards, tried with the consent of the
State Government, for any dis(nct offence for which a separate charge might have been made
against him in the former trial under sec(on 220 (1) (Sec(on 300 (2).
4. A person convicted of any offence cons(tuted by any act, may be tried again if consequences of
such act are serious for which he was convicted. Example:
5. 1. A is tried for causing grievous hurt and convicted. The person injured akerwards dies. A may be
tried again for culpable homicide.
6. A person acquiUed or convicted of any offence cons(tuted by any acts may, not withstanding such
acquiUal or convic(on, be subsequently be charged with and tried for any other offence
cons(tuted by the same acts.
Example:
A is charged by a Magistrate of second class with and convicted by him of thek of property from
person of B. A may be subsequently charged with and tried for robbery on the same facts. thek
simply, or with criminal breach of trust.
25. SUMMONS. (SEC 61-69)
Ans. Meaning: An order to appear in Court. A summons is a pre-trial process from the office of a court of
jus(ce requiring the persons to whom it is addressed to aUend the court for the purpose therein stated.
Summons may be issued by any Civil Court or Criminal Court to any person rela(ng the before the Court.

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LLB (3-YDC) — V Semester — Code of Criminal Procedure, 1973

Summon is issued by the Magistrate to the accused under sec(on 204 (1) (a) of CrPC Issuing of Summons
to an accused or witness or to any person rela(ng to the criminal case is a pre-trial process. Summons is
the first step to ensure the presence of the accused at the criminal trial. Issuing summons is the milder
form in this process.
Procedure for serving summons: Sec(on 62 lays down the procedure for serving og summons. Every
Summon shall be served by a police officer, or by an Officer of the Court or other public servant. The
summons shall be served on the person personally, by giving a duplicate copy to him. The person
summoned shall sign on receipt of the summons on the back of the duplicate summons return it to the
officer. But the summons may be served by post in case of Corpora(on as per Sec(on 63.
Procedure when persons summoned cannot be found: Sec(on 64 provides that if the person summoned
is not found in the house, the officer may serve Summons to any adult person of the family of the person
intended to be summoned but shall not be served to a servant of the person’s family. A Summon on
government employee/ servant shall be sent to the head of the office in which the person is working then
such head shall serve Summons and sends back with person’s signature on its back.
Service of summons outside local Limits: Sec(on 67 lays down that if the Service of Summons is required
to serve outside the local limits such Summons, such summons shall be sent in duplicate to a Magistrate
within whose local jurisdic(on the person summoned resides.
Summons on witnesses: Sec(on 69 lays down that summons to be served by registered post addressed
to the witness at the place where the witness ordinarily resides. In case the witness refuses to take the
summons, the Court may declare that the Summons have been duly issued.
26. SUMMONS CASES.
Ans. The Code classifies all offences into cognizable and non cognizable and the trial procedure into
summons cases and warrant cases. This division is based on the nature and measure of punishment
aUached to the punishment. A summons case means a case rela(ng to an offence, and not being a warrant
case. This means that it is a case rela(ng to an offence not punishable with death, imprisonment for life
or imprisonment for more than 2 years. The trial procedure of these cases is mainly contained in sec(ons
251-259. The trial of the summon cases is less formal than other trial procedure just for the speedy
remedy.
These summons cases are tried with much less formality than warrant cases, and the manner of their trial
is less elaborate. Even the method of preparing the record of evidence is less formal.
As observed by the Law Commission, The scheme is simple and the inten(on clearly is that these are not
only very serious but numerous cases should be decided quickly. We agree that this is how it should be.
All the essen(als of a fair trial are present here and the nature these cases is such that a more elaborate
method would only add to the expense and perhaps harassment of the par(es without substan(ally aiding
the cause of jus(ce.

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