The Code of

Criminal
Procedure, 1973
TELLMY JOLLY
BA LLB, LLM
INFORMATION
TO THE POLICE
AND THEIR
POWERS TO
INVESTIGATE
 155-Information as to non-cognizable
cases and investigation of such cases

• information is given to an officer in charge of a police station of

the commission within the limits of such station of a non-
cognizable offence (minor offence)
• Enter information in the book kept in the police station
• Refer the informant to the magistrate
• Police cannot investigate non cognizable offence without order
from magistrate
• Where a case relates to two or more offences of which at least one is
cognizable, the case shall be deemed to be a cognizable case,
notwithstanding that the other offences are non-cognizable.
 156- Police officer’s power to investigate
cognizable case
• Police in charge of a police station can investigate cognizable case
without order from magistrate
• Sec 154- Information in Cognizable cases- police after hearing the
complaint- shall be reduced to writing- enter in a book-shall be read
over to the informant and signed- First Information Report (FIR)
• If police refuses to enter such information- send the substance of such
information, in writing and by post, to the Superintendent of Police
 157- Procedure for investigation
• If police officer feels sufficient evidence exist to suspect commission of an
offence- sent a police report to Magistrate- the police officer, himself or his
subordinate officer goes to the spot and carries investigation
• When case is not of a serious nature, the officer in charge of a police station
need not proceed in person or depute a subordinate officer to make an
investigation on the spot
• If there is no sufficient ground for entering on an investigation, he shall not
investigate the case (this is to be informed to the informant)
• offence of rape, the recording of statement of the victim shall
be conducted at the residence of the victim or in the place of
her choice and as far as practicable by a woman police officer
in the presence of her parents or guardian or near relatives or
social worker of the locality
 160. Police officer’s power to require
attendance of witnesses
• order in writing, require the attendance of witnesses (informant or persons
knowing the facts and circumstances of the case)
• no male person under the age of fifteen years or above the age of sixty-five
years or a woman or a mentally or physically disabled person shall be
required to attend at any place other than the place in which such male
person or woman resides
• Reasonable expenses for travel for such witnesses will be provided by the
police officer (for the state government)
 161. Examination of witnesses by police

• police officer not below such rank as the State Government may, prescribe by
general or special order
• person shall be bound to answer truly all questions relating to such case-other
than questions the answers to which would have a tendency to expose him to a
criminal charge
• police officer may reduce into writing any statement made to him in the course
of an examination
• make a separate and true record of the statement of each
such person- can be recorded using audio-video electronic
means also
• statement of a woman to be recorded by a woman police
officer
• Section- 162. Statements to police not to be signed
• Section 163- No inducement to be offered by police for getting
statement
164. Recording of confessions and
statements (കുറ്റ സമ്മതം)
• By Metropolitan Magistrate or Judicial Magistrate
• may also be recorded by audio-video electronic means in the presence of the
advocate of the person accused of an offence
• The Magistrate before recording any such confession should explain to the person
making it that he is not bound to make a confession and if he does so it may be
used as evidence against him- person can decide not to confess also
• Shall be signed by the person making the confession
• “I have explained to (name) that he is not bound to make a confession
and that, if he does so, any confession he may make may be used as
evidence against him and I believe that this confession was voluntarily
made. It was taken in my presence and hearing, and was read over to the
person making it and admitted by him to be correct, and it contains a full
and true account of the statement made by him."

(Signed)
Magistrate
• Magistrate shall have power to administer oath to the person whose
statement is so recorded.
• Provided that if the person making the statement is temporarily or
permanently mentally or physically disabled, the Magistrate shall take
the assistance of an interpreter or a special educator in recording the
statement- shall also be video graphed
 174. Police to enquire and report on
suicide, etc
• officer in charge of a police station or some other police officer specially
empowered by the State Government
• receives information that a person has committed suicide, or has been killed
by another or by an animal or by machinery or by an accident, or has died
under circumstances raising a reasonable suspicion that some other person
has committed an offence, he shall immediately give intimation thereof to
the nearest Executive Magistrate empowered to hold inquests
• Proceed (rule prescribed by the State Government, or by any general or special
order of the District or Sub-divisional Magistrate) to the place where the body of
such deceased person is, and there, in the presence of two or more respectable
inhabitants of the neighbourhood, shall make an investigation, and draw up a
report of the apparent cause of death, describing such wounds, fractures, bruises,
and other marks of injury as may be found on the body, and stating in what
manner, or by what weapon or instrument (if any); such marks appear to have
been inflicted.
• report shall be signed by such police officer and other persons-forwarded to the District
Magistrate or the Sub-divisional Magistrate.
• forward the body examination- to the nearest Civil Surgeon or other
qualified medical man appointed in this behalf by the State
Government:-
• case involves suicide by a woman within seven years of her marriage
• death of a woman within seven years of her marriage in any
circumstances raising a reasonable suspicion that some other person
committed an offence
• death of a woman within seven years of her marriage and any relative
of the woman has made a request in this behalf
• doubt regarding the cause of death
• police officer for any other reason considers it expedient so to do
PLEA BARGAINING
Plea Bargaining
• Plea bargain is an agreement wherein the defence pleads guilty to
criminal charges, in exchange, the prosecutor drops some charges or
recommends that the judge enters a specific sentence acceptable to
defence.
• Why? To handle huge number of criminal cases that are pending in
the system for long
• Introduced by Criminal Procedure (Amendment) Act, 2006- Sec 265A
to 265L
• Does not apply to offenders accused of offences- socio-economic
offences, on women or children below 14 years of age
• Sec 265A- cases in which plea bargaining is applicable
• Sec 265B- accused should file petition for Plea Bargaining to be in court which
offence is being tried
• Accompanied by affidavit
• After receipt of petition & affidavit- court issues notice to public
prosecutor/complainant
• Work out a mutually satisfied agreement- including compensation
• Sec 265D- On completion of process- report is prepared signed by presiding
officer and others who participated in it
• Sec 265F- pronounce judgment in open court
• Sec 265G- judgment final except by SLP (under Art 136) and appeal ( Art
226/227)
FAIR TRIAL
Trial system-
• Trials systems are of two types-
• (i) Inquisitorial system- the court is actively involved in proof of facts by
taking investigating of the case. The judge plays an active rule for
questioning & hearing the parties directly. Eg- civil law countries like
France, Germany, New zealand, Italy and Austria
• (ii) Adversarial system- court act as a referee between the prosecution and
the defence. The whole process is a contest between two parties. The two
parties are the state & the person accused .In this process court takes a non
partisan role. Eg- common law countries like United Kingdom, United
State of America, India 
Fair Trial
• Criminal trials in an adversarial system begin with a presumption of
innocence of the accused that is taken into account.
• Sec. 300- Person once convicted or acquitted not to be tried for same
offence
• Sec 303- Right of person against whom proceedings are instituted to
be defended by an advocate of his choice
• Sec 304- Legal aid to accused at State expense in certain cases - when
accused does not have an advocate, accused has no financial means
to appoint an advocate- court appoints pleader on the expense of
state
• Presumption of innocence

• Right of accused to know the offence

• Accused person to be tried in his presence (Magistrate can waive this under Sec
317 of crpc)

• Evidence to be be taken in the presence of accused- Sec 273 crpc

• RIGHT OF ACCUSED PERSON TO CROSS-EXAMINE PROSECUTION

WITNESSES AND TO PRODUCE EVIDENCE IN DEFENCE

• To have a speedy trial- Art 21 of constitution

• THE DOCTRINE OF “AUTREFOIS CONVICT” AND “AUTREFOIS ACQUIT”- a

person can't be convicted twice for the same crime
Summary Trial
Summary Trial

• It means speedy disposal of cases- trial and disposal all at once

• Not suitable for cases that requires a lengthy and complicated

procedure

• Sec 260– 265

• This is a short cut procedure- therefore only senior and experienced

judicial officers should only try summary trial for petty offences
MAINTENANCE OF
WIFE, CHILDREN
 S. 125. Order for maintenance of wives,
children and parents.
• person having sufficient means neglects or refuses to maintain
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not,
unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who
has attained majority, where such child is, by reason of any physical or
mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself
• These are persons who are entitled to receive maintenance
• Magistrate of the first class- upon proof of such neglect or refusal, order such person to make
a monthly allowance for the maintenance of his wife or such child, father or mother, at such
monthly rate- for every breach of the order- issue a warrant for levying the amount due in
the manner provided for levying fines, and may sentence such person.

• no warrant shall be issued for the recovery of any amount due under this section unless
application be made to the Court to levy such amount within a period of one year from the
date on which it became due

• (a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875) is deemed not to have attained his majority;

• (b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
 Regarding maintenance to wife
• if such person offers to maintain his wife on condition of her living with him, and she
refuses to live with him, such Magistrate may consider any grounds of refusal stated by
her, and may make an order under this section notwithstanding such offer, if he is
satisfied that there is just ground for so doing.
• If a husband has contracted marriage with another woman or keeps a mistress, it shall
be considered to be just ground for his wife’s refusal to live with him.
• No wife shall be entitled to receive maintenance- from her husband under this section if
she is living in adultery, or if, without any sufficient reason, she refuses to live with her
husband, or if they are living separately by mutual consent.
• Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (2) SCC 556
VICTIM COMPENSATION
Sec. 357A- Victim compensation scheme
• Every State Government in co-ordination with the Central Government shall prepare a
scheme for providing funds for the purpose of compensation to the victim or his
dependents who have suffered loss or injury as a result of the crime and who, require
rehabilitation.

• Court makes recommendation during the case- based on this recommendation- the
District Legal Service Authority or the State Legal Service Authority- decides the
quantum or amount of compensation.
• Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an application
to the State or the District Legal Services Authority for award of compensation

• They shall within 2 months- award compensation to such victims

• The State or the District Legal Services Authority- to reduce suffering of victims-
can order immediate first-aid facility or medical benefits (or other interim
reliefs ) to be made available free of cost on the certificate of the police officer
not below the rank of the officer incharge of the police station or a Magistrate of
the area concerned