Cr.P.C.

(lecture notes)
LANGUAGE OF COURTS & EVIDENCE IN
INQUIRIES AND TRIALS:

• Relevant Sections: 272, 273, 274, 275, 280 & 281.

• Section 272 empowers the State Government to determine what shall

be, for the purposes of the Code, the language of each court within the
State other than the High Court.

• Where the language used by a witness or the accused person is different

from the court language, special provisions have been made in Sections
277 and 281 for the recording of the evidence of such a witness and for
the recording of the statement of such an accused person.
• “Evidence in Inquiries & Trials” means mode of taking and
recording of Evidence.

• Section 273 asserts that all evidences to be taken in the presence

of the accused or when he has personally dispensed so, then in the
presence of the pleader of the accused.

• In sections 274, 275 and 276 – the procedure of the recording of

evidence is mentioned which is more or less the same.
• Points to note:
As the examination of witness proceeds, a memorandum of the substance of
evidence has to be prepared by the Magistrate.

If by some reason, the Magistrate is unable to make the memorandum himself,
then by his dictation and under his supervision, the same work shall be done by an
officer of the Court – which shall be then signed by the Magistrate and considered a
part of the record thereon.

Such evidence usually is taken in the form of a narrative. A question and answer
form.

Provisions related to translation also provided in courts when the witness and or
accused does not submit evidence in the language of the court.

Magistrate makes sure only a true translation makes part of the record.

When the evidence of witness is read over to him in the presence of the accused,
it can be subjected to additions or corrections. But, Magistrate instead of
correcting the evidence shall make a memorandum of objection.

Magistrate records remarks regarding the demeanor of witness.

Nothing of this procedure shall be deemed to apply to the examination of an

accused person in the course of a Summary Trial.
GENERAL PROVISIONS AS TO INQUIRIES AND
TRIALS:

Relevant Sections: 300, 303, 304, 311, 313, 315 and

219.
Section 300: Person once acquitted or convicted not to be tried for the same offence – Section
300 (1) puts forth this concept and from Section 300 (2), this section presents exceptions to the
same rule that is beforehand established in Section 300 (1).

The exceptions to this rule being:

 May be tried afterwards with the consent of the State Government – for which a separate
charge might be made.

 If consequences of the act of the person resulted in something that the Court was not aware
of, he/she can be tried again on the basis of that.

 Can be tried again if he was sentenced by a Court, not competent to try the offence with
which he is subsequently charged.

 Person discharged under section 258 shall be tried again only after the consent of the same
Court by which he was discharged or by any other court that is superior to the previously
mentioned Court.
Section 303:
• Every person against whom any proceedings are instituted has the right to be defended by a
pleader of his own choice.

Section 304:
• Section 304(1) – if the Court feels that the accused does not have enough means to engage a
pleader, the Court shall assign a pleader for his defense, at the cost of the Court.
• Section 304(2) – the High Court may with the previous permission of the concerned State
Government make rules regarding the mode of selecting such pleaders for defense; facilities to
be allowed to such pleaders; and and fees payable to such pleaders.

Section 311:
• The Court works in the best interests of justice.
• For those reasons, Court reserves the power to summon any material witness, or the power to
examine, re-examine or even re-calling any person as a witness, or even any person present –
appears to be essential to the just decision of the case.

Section 313:
• Under 313(1) of the Code, the Court has the power to examine the accused, at any stage of the
trial, even without warning.
• Sec.313(2) says that the accused in NOT under oath when examined under sub-section 1 of this
section. Sec.313(3) says that the accused shall NOT render himself liable for punishment by
either refusing to answer or by giving false answers. Sec.313(4) says that the answers given by
the accused are taken into consideration in such inquiry or trial.
Section 315:
• An accused person can be a competent witness for the defense and any
give evidence on oath in disproof of the charges made against him or any
co-accused at the same trial.
• His failure to give evidence shall not be made the subject of any comment
by any of the parties or the court, or give rise to any presumption against
himself or any co-accused at the same trial.

Section 319:
• Where in the course of any trial of an offence, it appears from the
evidence that some person other than the accused has committed any
offence for which such a person could be tried together with the accused,
the court may proceed against such person for the offence which he
appears to have committed.
• For the purpose of securing the attendance of such a person at the time of
the proceedings, the court may issue a summons to him or may arrest and
detain him.
PROVISIONS AS TO ACCUSED PERSONS OF
UNSOUND MINDS:

Relevant Sections: 328, 329.

Section 328:
• If and when the Magistrate has reason to believe that the person against whom the inquiry has
been initiated, is of unsound mind and consequently incapable of making his defence; the
magistrate inquiries into such facts, gets him/her examined and the surgeon thereon gives the
examination and that forms part of the record.
• The Code has special provisions in order to deal with accused of unsound minds and that
should be followed. Magistrate shall record the finding to that effect and shall postpone
further proceedings in that case.

Section 329:
• First instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court,
after considering such medical and other evidence as may be produced before him or it, is
satisfied of the fact, he or it shall record a finding to that effect and shall postpone further
proceedings in the case.
• The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed
to be part of his trial before the Magistrate or Court.

 There are also provsiions under the Code for the release of lunatic pending investigation or
trial.
SUBMISSIONS OF DEATH SENTENCES FOR
CONFIRMATION:

Relevant Sections: 366 & 368

Section 366:
• This section states that when a Court of Session passes a sentence of death, the same
cannot be acted upon until and unless the proceedings are submitted to the High Court and
the execution of the sentence shall not take place unless it is CONFIRMED by the High
Court.
• The Court passing the sentence shall commit the convicted person to jail custody under a
warrant.

Section 368:
• The High court has the power to confirm conviction or annul the conviction.
• H.C. has the power to confirm the sentence or pass any other sentence.
• H.C. has the power to order a new trial on the same or amended charges.
• H.C. may even acquit the accused person: Provided that no order of confirmation shall be
made under this section until the period allowed for preferring an appeal has expired, or, if
an appeal is presented within such period, until such appeal is disposed of.